The Sun.
London, England, 1834-02-14 00:00:00

almost all, that they were not in the hatit of tak-
ing notes of the time or of being spies on the Judges,
and could not, therefore, be particular as to the
exact time so hen they were in the habit of sitting.
There was one occasion, however, on which they stated
that the Hon. Baron Smith di,' not sit at Armagh till
three o'clock ; but on that occasion Baron Smith had
been obliged previously to sit on a cure at Monaghan be-
fore going to Armagh, and consequently the business
came on at the latter place at an unusually late hour, and
the Learned Baron thought it his duty to sit later than
usual. But the practice of not going into Court in Ire-
land so early as was the practice in England had obtained
long since. It had not commenced with the Learned
Baron whose conduct was now before them. The Judges
in Ireland were not in the haliit of going into Court till
eleven o'clock. He (Mr. Shaw) admitted that it would
be better if they were to take their seats at nine, as in
England ; but while be admitted tv at, be must remind
the House that it was the universal custom to act other-
wise ; and, being universal, it ought not to be attributed
as a fault in the Learned Baron. But after all, it was
proved by the return made that the average times during
'which the Court sat on circuit were from half-past eleven
'o'clock in the forenoon till six or seven o'clock i❑ the
evening. He therefore did not think that there was any
grounds, on the score of late hours, for the motion of the
Hon. and Learned Member. With respect to the charge
delivered by the Learned Baron, on which strong
animadversions bad been made, he observed that great
stress was laid on the circumstance of there
being only seventeen cases to come on fir trial. Now the
Learned Judge himself assigned this as a reason why he
should descant upon general topics, and not keep strictly to
the crimes in the calendar; and he (Mr. Shaw) thought
that the reason wee a good one. But supposing that this
were not the case, and admitting that there were no cages
of a political nature then to come before the Court, was
that the case on the previous assizes ?—(Hear.) On the
former assizes many had been tried for conspiracy and
'other political crimes, and it might, therefore, be the duty
of the Judge to warn the people against such persons as
deluded them by agitation and other factious means. If
those crimes were as common in England as they were in
Ireland—for it was on the difference of the state of the
two countries that the whole question rested—would it be
unbecoming in a Judge to raise his warning voice against
the promulgators and encouragers of those crimes ?
(Hear, hear.) If Ireland was racked by political agita-
tiOn—for there was the evil in Ireland, that the peace of
the whole country was destroyed by those political dis-
turbers, who openly broke the spirit of the laws while they
evaded coming within the letter—(Hear, hear)—if such
was the state of the country, were the Judges ❑ot to he
allowed to raise their voices in favour of the spirit of those
laws of which they should be the guardians? Were they
not, as the Learned Baron said, to be allowed to say, " I
hate the misleader, while 1 pity the misled ?" What did
his Majesty in his speech from the throne say? He said it
was with feelings of deep regret and just indignation he
bad seen the continuance of the attempts to excite that
country to demand a repeal of the Legislative Union ;
and whe❑ his Majesty himself made such a declaration
as this from the throne, when the whole kingdom rung
with the same f eling, were the Judges of the land alone
not to be allowed to raise their voices against such delu-
ders?—(Cheers.) But this was not the only charge
made by the Hon. and Learned Member against the Irish
Judges. He also charged them with political turpitude
and partiality. Would the Hon. and Learned Member
venture to lay his hand o❑ his heart, and say that the
Judges of Ireland were really partial?—(Hear, heir.)
He (Mr. Shaw) was sure he would not. He would now
allude to another Learned Judge, who, when a political
character, was a consistent supporter on that side of po-
litics to which the Hon. and Learned Member himself
belonged, but without carrying his views of things so far
as the Hon. and Learned Member. The Hon. and Learned
Member, however, did not appear to consider those who
sliti not go all the lengths with himself to be at all of his
party. There were Honourable Members for the
counties of Wexford anil Dublin, and for the county of
Cork, who, though they 'did not go quite the same
lengths with the Hon. and Learned Member, still sup-
ported the same views generally; yet, because they would
not follow the Hon. and Learned Member in all those
plans and schemes into which lie would lead them, he
treats them with more harshness and distrust than if they
were his political opponents.—(Hear.) The Hon. and
Learned Member seemed determined to attack all who
were opposed to any thing like good order. First he
attacked the Magistrates, then he attacked the Juries, and
now he attacked the Judges—(Hear, and laughter)—
because they opposed the system which he would fain
establish. But, laying aside special pleading, the fart
was, that the Hon. and Learned Member for Dublin had
been pointed out by the Learned Judges as a perso❑ likely
much to prejudice the country, and this motion was the
consequence. The Hon. and Learned Member then re-
marked, that the Commission of Queen's County, and
the G .vernment, had published a charge delivered by
Baron Smith, which showed that they approved of the
spirit i❑ which it was delivered. And what said Chief
Justice Bushe, whom the Hon. and Learned Member
himself would admit not to be a partisan, as to the proceed-
ings of the Agitators? He said that those great and delicate
questions, which the Judges of the land approach with
hesitation, were submitted by them to the misguided
peasantry. Such charges were sufficiently applicable to
Ireland, in the state in which it was at present, though not
so to this country. This showed the difference between
the two countries. The evils in Ireland were ❑ot that the
letter of the law was broken, but the spirit of it was
evaded—(Hear, hear)—and the question now was, whe-
ther the Government should now take part with the agi-
tators against the Irish Bench ?—(Cheers.) A person in
authority in that country had a very difficult part to play
betwee❑ the one party, possessed as it was of great poli-
tical strength and energy, and the other party, over-
whelmed as it was with pusillanimity.—(Cheers.) It was
true that the Right Hon. Secretary for Ireland had said
that the intentions of Government were different upon
this subject, and he (Mr. Shaw) had not to complain of
that, if a conviction that the contrary was the duty of
Government had arisen from the statement of the Hon.
and Learned Member, and he (Mr. Shaw) had to ac-
knowledge the condescension of the Right Honourable
Gentleman on that occasion, as in all communications
which he had had with him on Irish affairs.—(Elear,
hear, hear.) But it was in vain to say that the mo-
tion, in its new shape, was not a condemnation of the
individual charged ; for, he appealed to the House,
if the appointment of such a Committee as that de-
manded did not amount to a virtual condemnation ?
I❑ Ireland the Government was accused, and justly, in
his opinion, of want of vigour. Two very striking cases
of pusillanimity on the part of the Irish Administration
bad recently occurred, and must be fresh in the recollection
of all. It was pretended in the one case that they could
not get legally at the offending party, and that conse-
quently they were obliged to punish his friend in his s'ead.
He (Mr. Shaw) could nut see this. He saw nothing to
prevent the Government from reaching the original and
principal offender. The party in question openly and
fearlessly bearded the Government. He came openly and
boldly forward to defend the party arraigned for the offence
which be himself had committed. He (Mr. Shaw) need
not hesitate to speak thus plainly on the subject, for that
individual himself neither made, nor wished to make, any
secret of the matter. The instances of want of vigour on the
pert of the Irish Government were so numerous, that it justly
forfeited the confidence of all sober parties in Ireland. Ile
(Mr. S.) repeated, and was sure, that the Irish Government
did not possess the confidence of any party. Trey were now
lending aid to the Hon. and Learned Gentleman (Mr.
O'Connell), in opposition to those who wished, and were
endeavouring to put an end to that system of agitation
which had so long obtained, and which was now acted
upon to such an extent. If every individual should un-
happily quail under the Hon. and Learned Gentlema❑
(Mr. O'Connell), the consequence must be obvious.
There would be an end to all order and justice in
Iceland.

Mr. Secretary STANLEY hoped the Hon. and Learned
Gentleman (Mr. Shaw) would not conceive that he was
one of those individuals, while connected with the Irish
Administration, who bad shrunk from doing their duty.
He bad on all occasions fearlessly done what he deemed
his duty. The question before the House ought not to
be regarded or treated as a political party question. As
regarded himself, he (Mr. Stanley) could conscientiously
say, that whatever way have been the predilections or
fixed opinions with which be had that night come down
to that House on the subj,ct before it, he had enter-
tained no idea that the Hon. and Learned Gentleman
(Mr. O'Connell) would substantiate a case to justify
the removal of Baron Smith from the bench. What-
ever doubts he (Mr. Stanley) entertained as to the pro-
privy and necessity of an inquiry into the conduct of
the Learned Baron, were, he must say, now completely
removed by what he bad heard that night. And the
H on. and Learned Gentlema❑ (Mr. Shaw) would for-
give him if he said that those doubts were removed as
much by his attempt at defence as by the speech of the
Hon. and Learned Gentleman (Mr. O'Connell) who pre-
ferred the charge.—( Hear, bear.) The Hon. end Learned
Gentleman (Mr. Shaw) had undertaken to prop up a
weak case: and in the attempt, in the absence of argu-
ment, had dealt i❑ nothing but declamation against the
Irish Government. The lion, and Learned Gentleman