The Sun.
London, England, 1803-11-07 00:00:00

DUBLIN, Om 31,

COMMISSION, INTELLICEUCE.
Qu;gly and Stefordi. arraigned tor High Trea.
cony were brouglit intn Conti' rtirstiant- to it corn-
of Lord 'AVONMOR and •Baron - DALY, on

Nut:unlit), last, to hear the objektti-ns 'of their Conn.
ad argued on the infirmality, &c. of their cap.
tion. These Right Hon. Judges sat, and
Mr. IVIINALLy urged as to the Objeaion against
the caption, with a copy of which the Pri,oner,
Stafford, was , furnished—that it set out tows
tinheard-nf :and.unprecedented, according, to all the
authorities' which he 1.40 ,host assiduously looked
over, in ukhich he could refer to 'eleven Volumes ot
State Tsi4s ; ta,theliarticular :trial of Hardy, in
London, in the year ;75+ and the: rule, in such
cases laid down; by IlLickhione, in tire fourth Vu.
runie'of his valuable Commrataries, In the cap,
tion of the Prisoner at the Bit., ii4opy cif winch he
bad ,een, it bi;gan with the'termil,l4 Be it rernem7
bcred, that at a .Cocomis,,inn "virtue of a
Commission, &c. Sec." without specifying nr
i) the Letteis Patent nr other AuthOrity
by which similar Commissions are generally sped,
'whereas, in all'the_cases 'which he had fetr prece-
dents rrticulmly, examinetLAbe form ran—" As
to a Sessions of .a Court of Justice and Genet al Gaol
Pelivery to be hel,r, &c. at such places, ape.
cifying the Letteis. Patent under the Great Seal
front which the authority of such Courts were de.
ri veci." Whereas, in the pr6ent Caption so far (torn
*fly expression respeding,such Letters Patent or the
Great Seal beinvintroduced therein, there is not
the moat distant alltision to stray idea analogous to
them. That the• Prisoner at the Bar had a posi.
five right to, A prOp.,r Copy Of a legal Caption as
well as to a genuine ,Copy of the Indic:bum against
him, wouqn:tr, he hoped, be controverted, and
that a,speciflcilAion of the authority by svhich the
Commission ,hould have, beer held, was an indis,
permit:tie ingredient in the formation tf-inich a Cap:
~.tI .on he %tumult! For, :his
.positior,
DiI‘NALLY cited number of Authorities, SO high
ati!Stittite7(ll ot referred.to,by judge
ack„stone,. but principally d Nett On the, rule made on
' the suggestions of the ArrogNsite-GgNra AL, on
the !irate I:rials of this Country; in the.vi.lr 179+,
ilv• late Lorti,K.ILV/Altot IV, that the terms of the
Caption should:be CtWi,,tcnt. with those of the Corn.
tuitonon. Then!bre; 11,1 the' PrkrinCi! at the Bar
eatild,not possibly he i, formed of the nature of, the
Commission, or 'the authority by which he 'should.
fialre been. tried, eater.t through a er.yrre4t leritation
of the same, or the Copy .of the.'Caption, with
which be should havelbeen furrii,hed, that.sufficient
ground lay. lor !nimble motion to the .Court, t hat
the,Prisoner shall he; at aiconvenient time, furnish_
ed with proper Copies of nil such Paperi at by Law
he-is entitled, to receive.
On an observation' from the Court; r?speeting the
latitude.within :which the Statute of HENRY VIII,
should have been comprehended,•
Mr. MfNALLY, further remarked, lhattithis. Let.
ter of the flit dill certainly nat extend. to: Ireland,
yet the: spirit•and principle on which it :was framed,
indispotably.did, 'as well as theite ofi-the.Bill- of
Rights, in which Ireland, Was, riot, hained—neithet
could it be contrOverted, that the,prertigarive- of. the
jc:t tqc; hd. not regaidedlveltind ,as teffedoatty ac it
did any part of the British DolhiniOns.
Mt. o!Dwirstl, On the iniftie side; cantendeili
pn the:authoriry of Blackstone, than the piete of
parchment called -a Commisiiin,. iv neither, Literally
hr. yittuatiy Critirt; neither can the words, AA at a
Commission.. of Oyer and Terminer," imply, the
Court, under whose, authority the Prisoner should
have been Foe chest °oil-kink-he cited par.
i;rniarlY wkIYWA Plcd4, of the Crown, with re.
fereha to 14liekiione, in order to corroborate the
inference which Mr.,WNAI.4,Y previously deduced
from it.

Lord AvorimOtte over.ruled the,objeflion,' tin
the principle of.:tise intention;, of'whieh the caption
sown !haves -been evidently expressive, particularly
es it was generally- known among all, persons con.
versant with law, that the. King could not, • under
any oaroleltutliority, ecinstitute.the Commission;
And it. Innst, netiessarily fallow that•it could 'only
hay/. hen perfett,d by Letters ?Arent under the
Great Seal. If this idea could not have been estas
Wished, a fatal cOnseetteirce wont indeed folloWy
which is, that persons 'tried and found guilty long
since, under circumstances critically similar, and
sitivese cases milled for the same objedions,' must
have been illegally executed.-13aron DALY eon.'
(furred its his Lordship's opinion, after which
CAMPIIILL, with great medestyi..addressed
the Court,. observing, that it was a thry imposed
ihhim by his client Qiikgiey, ttiArgne on the same'
ground of olljealon with all the force of •,which he
was capable, and he trusted,'notwithstanding the.
decision of the Court, he would, be 'able
.to. cite
such it* 'as, wirbot arrogating the power,
of reference to any specific precedent, which, under-
the influence of that einslotir and humanity, by
which their, Lovialiips. are lii:exceptionaWy.clistin.
guished, would at bast excite some doubt or }Rai.:
cation as to a rictision in the ease of his Client, not.
4.ithstanding the uniform siipilatity, it bore to that
if( leis fellaw Prisoner.
Mr. CAMP It LI. here. expatiated, with acknow.
ledged ingenuity,. on ceitain case's:Of cienu vu r its
Civil trials, 'wherein the Noble Lort&i.Avo,Ntaoas)
wbo presides at this conintisiton, that nib,
tTting which is, r,ri,,,ugnant. to, re.o,ioll or IQ comma-n'
sense, can be conformable to law," From these
eases and art 0144)-rate in aid of the
points advanced by his rofesticinal coal!iiitotq, he,
would supplicate the Cow as a Matter:of lormattitY
so.erotiply with the motion 'befrire them, and eX.:
teen) to the Prisoner' at least tin- advantage of having
bite/tee le-considered, and ailmityd to 'ali the ad:
vantages of an original process and consequent re,
The CCOrt-Cover.:ruled all the oiljefli?ns.

Two ririoriers, 'charged with having in their
tlssession loiged,notes of the Bank of Ireland, wAre
committed tor trial, 'Cite Jury, however, nOt
having detertnined nn the 'cause at the time the