The Sun.
London, England, 1835-08-13 00:00:00

fact, it was a very common one. The Noble Lord then, at
some length, defended the conduct of Lord Mulgrave.
Lord LYNDHURST said that the Secretary of State
in England never varied the sentence of any person with-
out applying to the Judge who bad tried the cause. The
course that had been pursued in Ireland he considered to have
been very impolitic, for it appeared that the Lord Lieutenant
had in repeated instances varied the judgment pronounced by
the Judges, without any consultation with that Judge, or any
accurate information as to the circumstances under which it was
pronounced.
Lord FARNHAM begged to say that he never heard
of any case that had occurred during his residence in 'lreland
that had been at all interfered with by the Lord Lieutenant,
which the most fastidious person could find fault with.
He considered that, in all probability, the better way would
be for the Noble Lord opposite to lay upon the table a copy
of the memorial of the Jury to the Lord Lieutenant.
Lord PLUNKETT felt convinced from what he knew of
the Learned Judge, who tried those prisoners, that he bad
not suffered any political feeling to interfere with his
administration of justice, and he was equally ready to bear
his testimony with the Noble Baron who had just sat down to
the correctness of the views of his Noble Friend the Lord
Lieutenant, and to his anxiety for the welfare of Ireland ; but
he believed that after the trial had taken place, and the sentence
had been pronounced, a distinction was made with reference
to the degrees of guilt of the prisoners. The report of the
Learned Judge was laid before Lord Haddington, and there
was no reason to suppose that that report had not subse-
quently come before the Lord Lieutenant.
Lords LYNDHURST and DUNCANNON explained.
Lord FIT ZGERAL D said that a man more pure from po-
litical bias than the Learned Judge who had tried the case
could not exist. He wished to understand whether the oat-

line of the case had been accompanied by the evidence, or
whether it had merely been taken from the Judge's notes?
The case had been looked upon in Ireland as one of religious
opinion more than as a case of simply exercising the preroga-
tive of the Crown. At the same Assize two "Protestants bad
been confined by the Lord Chief Baron for an assault, and the
sentence had not been for six or for three, but actually for
twelve months ; and yet the sentence had not been mitigated.
Lord DUNCANNON here read at the table some extracts
from the letter of the Lord Chief Bat on, on the two me-
morials, but in the confusion of the House it was impossible
to catch its import.
Lord HATHERTON contended that the proceedings in
this case had been in conformity to what he had found the
usages of the office when he was Secretary for Ireland.
Lord BROUGHAM thought that the subject was of great
importance, and that the case had been treated with the
highest delicacy.—(Hear, hear.) He agreed with his Noble
and Learued Friend (Lord Lyndhurst) that the prerogative
in such cases ought never t) be exercised without a reference
to the Learned Judge that had tried the case ; but at the same
time he contended that the Crown was in nowise bound by
the opinion which the Judge might give, for if it were, the
appeal, in fact, would only be from the Judge to the Judge.
He had over and over again reported to the Crown the pro-
priety of showing mercy where the Learned Judges had re-
commended that no mercy should be shown. The Learned
Judge in this case had returned his answer, and if the Lord
Lieutenant had found it unsatisfactory he was bound to exer-
cise his own opinion.
Lord PLUNK El' had known many instances in which the
mercy of the Crown had been shown in opposition to the 00"
nion of the Judges.
Lord FITZGERALD explained.
The Earl of WICKLOW said that the exercise of the pre-
rogative of mercy had been in this case without any reference
to the opinions of the Judge or of the Jury.
The subject was here dropped.
Messages from the Commons announced that the Lower
House had passed several Bills; amongst them was the Bill for
the better regulation of dancing. The reading of this title of
the Bill occasioned some laughter.
MUNICIPAL CORPORATIONS BILL.
Viscount MELBOURNE—I beg to present to your Lord-
ships a petition, very numerously signed by most respecta-
ble inhabitants of the City of London, in favour of the
Municipal Corporations Bill, and expressing the strongest
apprehension of any delay in passing that measure. The
Noble Lord presented similar petitions from Sheffield,
[Lord Brougham supported the prayer of this petition],
Great Yarmouth, Todmorton, Stevenage, St. Alban s'
Shrewsbury, Hertford, Penryn, Duffield, Cardiff, Lewes'
Southampton, Richmond ( Yorkshire), Stamford, and
Thrapston.
The Earl of RADNOR, in the absence of a Noble Friend]
presented similar petitions from Ashton-under-Lyne, and
Staveley Bridge.
Lord BROUGHAM—My Lords, I have a petition to pfeh-
sent on the same subject from the town of Marsden ; which
was agreed upon at a meeting called by public advertisemel
most respectably attended, and most numerously signed.
have a similar petition from the great district—the great
metropolitan borough of Lambeth—agreed upon, I under;
stand, at one of the most numerous, most respectable, an
most unanimous meetings ever held in that district. It
signed by 2,260 persons, and received their signatures in we
course of a very few hours. It would have been signed by 1.1
great many more persons, but the petitioners considered that
the number who attended the meeting precluded the necessity
of' waiting for that purpose. I have also to present two e,;
tions from the town of Leicester, agreed upon at a pub°
meeting. and signed in the course of ten or twelve hours by
no less than 9,500 persons ; clearly showing the strong feeling
which exists in that district of the country, and completed
contradicting the evidence of some of the witnesses scb
seemed to infer that it was not, and is not, very much called
for, except by a factious rabble sort of people. I, my Ler°°'
do not quite go along with the petitioners in some of the
pressions they use, which certainly are rather strong. 1
was`..,
petitioners state that the Municipal Corporations' Bill
passed in the other House of Parliament almost without ope
passed in the other House of Parliament almost without
sition, and that your Lordships' determination to hear aril;
sel at the bar upon it, seems to imply that your Lordships ar,o
unable as legislators to cope with such a subject, and thus
have a tendency " to lower and degrade your Right 11°
House yet more in the estimation of the people."--(Leni
cries of " Order," cheers, and great confusion.)
The Duke of NEWCASTLE (starting up)—My Loral
I think the Noble and Learned Lord has read quite enough °
that petition.—(Order, order.)
Lord BROUGHAM—I differ from your Grace on tbd
subject, for I mean to read the whole of it.—(Cheers, a"1
laughter.) I did not mean to have read it, inasmuch as I fee,
considerable respect and veneration for your Lordship? Hell;
but I shall read it all now. Your Lordships owe it entireli,,,
his Grace. Save us from our friends I say you; but as t",..
Noble Duke has interrupted me, I shall beg to read the PO
tition at length, even at the risk of its preventing me Oti,
taking part in the debate of the night.—(Hear.) The Pe4
tioners state, " That it is with feelings of the deepest ref;
that your petitioners mark the proceedings of your Right rs°
House respecting the Municipal Corporation Reform 8111
Bill introduced into Parliament by his Majesty's Minister;
and which has passed the Commons House of Parliame,
almost without opposition. They cannot consider the de!fie'ot
mination of your Right Hon. House to hear counsel I'ool
the principle of the Bill, involving as it does a great 100
extensive legislative measure, otherwise than as a confess to
of the inability of your Right Hon. House, as legislators,]er
cope with such a subject without foreign aid, and thus to Irs,
b and degrade your Right Hon. House yet more in the esonio
tion of the people. That the insulting and abusive log%
reported to have been used by counsel respecting the pe?Pej,
at the bar of your Lordships' House, not only unrestrattf,,
but apparently with the approbation of certain Noble L°•l.
excites in the minds of your petitioners"—you see the o',„
culty of stopping me in this--(Go on, go on, and laughter!.ch
No, I had rather not go on without just explaining how boo
more satisfactory it is for me to read the petition, and P.,00
anxious I ala to satisfy the Noble Duke. You may think isst
see that what I have read is wrong, but you cannot tell too
what I am going to read is not perfectly right.—(Cheers
laughter.) .
The Earl of WICKLOW—My Lords—(Loud erle-bie
" Order")—my Lords, I beg to say, that as soon as the .I`°,. it
and Learned Lord has read that petition, I shall move tbs'
be rejected.—( Cheers, and cries of " Order.") 001
Lord BROUGHAM—ReaIIy, my Lords, this is by pies,
the most irregular thing I ever saw even in this place,
of all the irregular places I ever saw, is by far the most PI
gular. The Noble Earl sees the folly of interrupting rae'sitt
forget where I am now, and am half afraid I shall have to bevro,
again.—( Hear, and a laugh.) Oh, here it is—" the aPPor
bation of certain Noble Lords excites in the minds of your Iv
titioners feelings of indignation and disgust, still furtlier,,ed
creased by the reception of the ex parte evidence of the 00,
men who are most intimately mixed up with all these C°lol
rate transactions of which the people so justly complainoo
who notoriously profit by the abuses which they LIPP oti
That it is the opinion of your petitioners, in opposition tee,
representations which have been made to your Right rite
House, that the conduct of the Commissioners of Core
Inquiry in this town—Mr. Whitcombe and Mr. Cockh,ur is
in the discharge of their important duties, was exeluPlar' je•
every particular ; that it was marked by gentlemanlikeceio
meaner, calmness of deportment, and a readiness to re for
evidence from all persons ; and that the Report they have your
a
nished respecting this Corporation is, in the judgment of 90-
petitioners, correct in all essentials, and as accurate s isti
ble in so wide a field of inquiry, and amidst such a CO otoo
ing mass of evidence. Your petitioners also beg to of.
your Right Honourable House that, contrary to the t 5 of
dence given at your Bar, the conduct of the inhabits': Os
this town during the course of the examination B'oo
Castle was orderly and decorous ; and that wha kept
excitement existed in the minds of the spectators, wasin th°
within decent bounds. Your petitioners therefore beg' Coos'
fullest manner, to confirm the statements made by the Thei
missioners with respect to the conduct of the people. set
assert that the representations put forth to the contrariYo is
s
false and calumnious, and that nothing can be further fro ivis;
truth than that any individual could be deterred from ill iite
evidence by feelings of intimidation or personal fear. your
ploring your Right Honourable House to pass this Bill, jet'
petitioners think that they ask a Measure only of comin,°° sale'
tice ; they seek not spoliation, as has been calumnious'Yfor se
but restoration. They require that property, which o°sl
many hundred years was applied strictly to public
P span
should so be applied again. They demand, and justlY,ueoell'o
that an unlimited and irresponsible power of taxing ml doe..
ing, such as even the Parliament of the United King," °
r pot,
not claim, shall not be confided to persons in whom Pt!tistice,l
tioners have no trust, no confidence whatever ; and that J
impartial justice, the first and most important attributhein- oti
the attributes of Government, should be placed wrst, tlO
reach of every individual. That to acquire this iu
holy object, the inhabitants of this town will never c‘) tbri
exert el (ley lawful means within their power, and tbfacto 111/
will never admit that the assumed privileges °f a