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

been corrected, without I
fault that might easily have
co
monis,'
vading the dignity of the Judge. A private m 0
didloaffte
n,ncaoert,
?ii divertprebahbilsy
Certainly
tiamne firnoemonvheisnieptriatb,lihcondru. tielsv,_ass.stttiswisaat_s.‘o.
it was, to some extent ; but °o.'"
of Commons, and dragging the Learned Baron
red°lo
before the public.—(Liaol cheers.) This appel..
him to be a persecution, or something very tour"
i 6 It
ha(
it.—(Cheers.) The Commons of England
them for the purpose of intrusted_ to ,
,pieone,friw,mi
without
Government
th
ns u nwnoeterel would
ahr
jaivye
treuh answeredling everyth e:1,311)0:1;8e
power of pi osecution, but this power was
.‘
sions ; and if they drew the sword on every trlfb
Justice. It should be used, bringing great
odnelig.ntleqanutenume:o.:.
Oat
need
sure, it would lose its terrors when they had s.
that onvs;
of it...—(Hear, hear.) The other offence was,
rious occasions, to one of which, however, they, :9 tu
bound to confine themselves, he had delivered sPeec 01.!
the Grand Jury, containing reflections on the situatio"
affrirs in Ireland, that might be offensive to variousjen'tg..rt
ties, and probably the Learned Judge might, for stu°
have forgotten that he was not in the House of Cornure,,
What did this amount to, after all ? It had been adrn "
0..
on all sides, that certain- transactions, and that the
valence of certain classes of crime, might call for such °:id
servations from a Jude. Hear. It could not be e
ba
:tcactvehhada:ullacnuel
9trecul addressing,
tstsialasualtierresangskndngee
d,swtooa,hni 'reavdegtd(
l)
ris,rafi reflections,kbsidhiive:neneijionrudtnehsi minds were to be tried before him. It was a Grand Jury he
suffer by the circumstances. Many examples of P°11:
lds
the House whether they, seeing these examples, "4;', •
abie,fporroev
of
and, by calling on bim for a defence of his etindur
e
Judges Committee,
delivering t am p hie
politicaldeclining a
harangues,
ere:,
:i?itkihdu btl,olbotia.:
ex
cecheers.)exceedingly
y ljtter
they not know that Mr. Justice Bayley made a panegYriei
on the National Debt? and had not another Judge, Lot
Wynford, in the west, uttered at least twenty addresses ,1
more or less political, and yet who ever beard any luaa
propose that they should be punished for so doing
(Hear, hear.) It had been said that this was purely a -
Irish question. Wherever there was judicature, there it
was necessary to support the independence of the Judgesf,
e
o
and if the independence of the Judges in Ireland were ne.l.
?n
things
goeen
ldr e
referred
ersjwd
?—(Loud
uae d
drtn
gteeoy
o:aonnfflyaani
inflamed,
:el
di
hverdnituon "jolt;
:aeuoir,i:dwicve
preserved, how could they expect English or &ate!!
Judges to pass unscathed ?---(Hear, hear.) Look, too,
.sl,
the circumstances under which the motion was broughtilk
forward. It was wade by a great political leader agains 7
one whom he always politically opposed—(Hear, hear)
to
and made against one whose character was such as
demand respect from all save a leader in Ireland.—( Heir,
hear.) This too, was done during the existence (11,
contest in Ireland—a contest against the law--a coutt:s.6,
of which this leader was at the head.—(Hear.) Surely tuts`
Iwfatshaey twimisehedto
toupseheoltdhethpeowlearwnfatnhde
laiwts
setad
ntlfieythl,rsaed
horen,ltykitnogbetghienlabwy d; issanrdmbilymggtrlarenttugdges in foot
they were doing it. Let them read history. thLiseiritubierall
go back about two centuries. They would find by Lord
Clarendon that one of the first acts of an usurping 110114
of Commons was to seize the Judges on the bench. Evetl:
man then saw that the House of Commons was W.
powerful to contend against, and none would venture ta
oppose them.—(Hear.) This was the first step toward
rd/
subjecting the moral character of the Judges to the
wis
of the House of Commons; and it would, if followed uPti
have the effect of lowering the character of the bench's°,
make the administrators of the law dependant on the
more popular opinion of the day.—(Loud cheers.) :,121
the Government, in assenting to this inquiry, had ex cited
nal
at
n ins
et ruagt
hc
t,l.
the astonishment of all who had endeavoured and
rtisb
to support them in upholding the dominion of the l tv•boveto
(Hear, hear.) It would, hereafter, render any aPPeal.a,
the law unsafe to all, B,ve to those who were a
law.—(Hear, bear.) Was the House of Commu_aA ,
then, regarding the interests of the count3ea
,730,
considering the effects which such a n'eathse House
calculated to produce—(Hear, hear)--via'
:feel;
of
Committees, t no a
ntootcfaolrl aa Jeruidmgienaolf
ethffeenleaen__d
P pe
er,.:
at Hull—(Hear, hear)—but for a speech containing
°y
tainly some objectionable matter, but than which
ten times worse had been uttered with itnneu.tY,_oo,'
fHae a r.)
Judge Butwe
rneo ,
guiltyt ese
ofw were e
singlepermitted
nd indiscretion,
t nc :Pie,
ousel
i,toi,
be brought up to their bar and openly and publiclY„,„use'
graced.—(Hear, behr.) He trusted, therefore, the ": us*
would not proceed with the inquiry, and that the Prey':
question would be carried. If, however, the I-Puse
solved on proceeding, be hoped they would take
deliberate ; that instead of referring it to a Comtv--,e;*
they would call on him openly to answer for his conducini
ant that if a Judge were considered a proper subject see
not
tofrner on;
the animadversion,of that House, they would at least
him the consolation and protection of publicity.---("e'rl'et
At that bar let him lA.: his stand, and if he perish, * •
him perish in the face of day.—(Loud cheers.)
holding
Colonel VERNER had written to a gentlan tor
an official e.tuation at Armagh to inquire into em
this
and he found that the circumstances had been ntircb.a 'the.
represented. At the previous assize town to Arm 13000 i
business had been unexpectedly heavy, another.
.judge'
Smith had rendered his assistance to tire ho
The calendar delivered at Dublin did not contsind,:ivied.
cases down fur trial, and the Judges were much
rive till
On the first day Mr. Baron Smith did not ar be
evening, and when he sat the greater part of the Ifiear,*,
did so at the solicitation of counsel on both sides. Id pot
hear, hear.) If he had not done so, the parties core ,bst
have been tried, and their crimes were of such a nato
reflore,
they could not be admitted to bail. . This, theilraiser
instead of being matter for censure was ground for 14 tbe
and was a striking instance of the humane feeliegs his
Learned Judge.—(Hear, hear.) The course whic rest
3lajesty's Ministers had adopted would occasion
esod,
astonishment he would not use a stronger term) in 11,,biest
and would certainly be attributed to a very different
than that of justice.—(Hear, hear.) • a t"
Mr. YOUNG could not refrain from expressngight
great surprise and regret which he felt at seeing the l
uod
Hon. the Chief Secretary for Ireland give so hasty „a
prec:pitate an acquiescence in the motion of the ilan: first
Learned Member for Dublin. Ia reference to thietainif
part of the charge against Mr. Baron Smith, he ced,,,,,ber
hail heard with much surprise, in common, ;ore
with many other Hun. Members who, like himee.t' this
familiar only with the practice of the Courts 3, uot
country, that that Learned Judge was in the
corning into the Court to begin business until eleveu,
half-past eleven at night. His surprise, h —nrreVer,llllo;.
been much diminished by the explanation of the it
Member for Armagh. And, speaking of late but-I°'; e
should be recollected that Colonel Despard did not secs t°
sentence until six o'clock in the morning. Now
the charge of having made political addresses fron3 e
Bench, he (Mr. Young) was far from vindicating tt,l
practice on the part of a Judge of making improper po'
tical allusions in the discharge of his judicial functiou.l;
But there was no reason to aelieve that the allusions
question were of a nature which called for this intieeg
tetence. That being the case, and the evils of ad°P"."
the course proposed by the Hon. and Learned Merober for
Dublin a a is t
appearing to him to be immeasurable, he
be impossible to vote for the Hon. and Learned Geu e
man's motion. itht
Mr. HARDY knew nothing of Mr. Baron "'-
or any of his connexions ; but if he were to ag,rede bt;
habit
or
the motion before time House on the grounds sate °!d
the Hon. and Learned Member fur Dublin, beLe dotY
not sleep in comfort in his bed. Was it net 11' ~dor
of his Majesty's Government, or of the Lord Chau' the
of Ireland, to intimate to the Learned Judge Out be
first, or, at any rate, on the second occasion, t"huse
must abstain horn political addresses? No fault, his
ever, had been found with the Learned Judge by to,
Majesty's Government, and so it appeared that be r,isb
seeded. And with respect to the matter itself ,used
the Leained Judge was accused of having intro"
that
into his charges, it appeared to him (Mr. Hardo iri
in the agitated state of Ireland, and under all the the
cumstances which grew out of that agitation, it
imperative duty of a Judge to advert to topics c-irbett
lated to restore tranquillity ; the more especially 1f the
he saw the country swarming with publications
most pernicious nature. g
Mr. CHRISTMAS expressed his surprise at the cbstia,oey
made by his Majesty's Ministers in time course wilicib ugetl
hid originally determined to adopt. Having cluaSe
their opinion once, however, they might perhaps e the
it again. He felt it to be impossible to vote liroist,
motion of the Hon. anti Learned Member for Pettoo.
After the satisfactory explanation entered into by tlse
Member for Armagh, the charge respecting late be ura.
brought against Mr. Baron Smith, fell to the Kilo.
But if that were a serious charge, why—since the
aid Learned Member said that it had been the Le3rad
Judge's 11:bit for thirty years—had not the Huai' was
i
Learned Gentleman brought it forward before ? that
clear, that if that had been the only circumstance cot
could be alleged against the Learned Judge, the l'hre''.l
proceeding would not have taken place. Feeling as Barn
chat tbat there was not sufficient cause for putting Mt',
S:nith on his trial, he could not vote fur the inqu'l;..;il4
Sir JAMES GRAHAM felt that he should be 3"