The Sun.
London, England, 1844-02-23 00:00:00

r Itgentleznan did not teiminateTill nearly Midnight, and I
. _
despaired' o.frivettiug the- attention of the House- -at se
... - . .... .. . . . .
!' late. an hour ; Ithe_,'next that I was anxious he should
afford' me ..the
.opportunity of looking into ...the case
he referred 'to; an' in Which "I was engaged- fifteen
• years ago, as:the details of that. case Were ebliterated
' from my memory,: and I wished. to. lookinto the report
..... . ..
of it, on purple to vindicate ;myself in regard to the
serious charge which bas,heen. brought against .me,--7.
(Hear, hear.) ,I -applied at the .conclusion of his address
to the Right Hon. Gentleman for that book,.and.he,#with
great eOurtesy, at -once lent it to toe. --The House must,
last evening; have 'been under the impression, from the
expressions of the Right 'Hon. Gentleman,-that the
individual referred' - to, laad been .tried• by . 4 packed
. jury:—(Hear, hear.)' 'That: word- packed, was used,
and as I Was one of the counsel -engaged 'in the prose.;
eution that word xini'se have 'been Meant to apply to. me.
—(Cheers.) It ..was Said at all events distinctly that I
had exercised the prerogative of the Crown entrusted
to me on that .occasion:by the•sanction of the, law officers
of the Crown; for the purpose of *placing upon the-jury
twelve men the Mott opposed in religion. to the person
about tobe put upon his trial. . The Right Hon. Gentle-
man statedthat he. was present on that Occasion. Ile was
presenL He was one -of the regular prosecutors in the
case, emir think he will do justice to' me when-I say,
that my -conduct on that occiusiou Wits not the: subject of
censure either
,from the laiv'oflicers..o the,Crown; who
superintendedmy conduct, or of the adVisers of the pri.,
• soner.(Heari) I say that, no cognisance was taken
: by the:Crown, and thetas the prisoner ' did.not complain,
- nor his 'counsel,. there ..is no ground forreprotif of •-iny
conduct.--H(Cheers.) • On ', that'occasion the- :edurie
• which '- r teolt, • the'' prisoner ' being charged'
with murder, was this, The Crown had • :20 •
challenges--actieg for -the -CrOWn,-,I had the right 7 to.
seLasid- twenty persons without assigning any cause,
and he (the prisUner) exerciSed his right; his undoubted
right of setting aside -aho.—(ilehr; hear.)_ No,-I:WAS,
anx;ous'to hays it. MiX.O. jury:—.(l.O wud..cheers,-):.- I:1Vils
auxiousto carry into etreet, the - prin&ples, which -have
• uniformly guided, me in this House,. in • Courts of: Law;
, everywhere, and on everyeecasion, of religions tolerance
and-perfett, impartiality. --; (Lend -cheers;),.- Findirig
that Rotnan Catholics- were challenged -by the..pri-
+sorter, , in . the pursuance of nrY-- duty I challenged
a sufficient number 0 rr,,test6nts, .Tbd result
,m4s,
that there Were!. seven Catholics and-fiVo Protestants
calbd, a.nd afterwards another was added by eonseat of, i.
both parties.7--(Cheers.) . The_ trie.) is, there had been
an-agreement . -before, between, both parties that the jury- •
, should-becoMpeSed of six ,Jr each • religious persuasion
In page 690 -of . the Report of thy, Trial, whieli,,:bv the '
Courtesy 'of the Right' lion.' and I.:lirtied.G-entiernae, I
hold in inv'fir.nd is the ald-ess: which; on that oc,nsion. •
Ulna .4• t-, the inry,:and.l '1.,. titre the House-win ex,.,1,-,
-Melt', in my desire to I'y this' mater - fairly' before it, I
real one 4,i- two ts,.T IT t:O finiin ft:l (1f a. somewhat lengthy •
ehara:'tcr, ---‘,i1.111.:,. 11t'lit.,) The r.-fe‘rt is, r 4.411,144. 11.10 St
sfaithenlli. ii-tuw.ri up,. .:It was iera:: - a up, tf.t ..tile:time. -of, ! ,
the liy-Ar; Brewster..of the;
.Leinstei Ciivnit, and
whe is -at.presen tf: th e law .adviso ttt - they,c astl(4,--(The.
Right Hon.: and Learned. Gentleman here. read' a long.'
-quotatiotifrom the address, which calledstronglyupen the
jutry to give the prisoner the benefit of every doubt which -
might. :arise in their minds-as to his guilt) -1 now-ask, •
when, Isonsented 'to another juror, and when I ad-
dresSed the fury in such language as this, Whether it is, .
not 'enough; o prove that whilst I was _anxious to do My:
duty on, the one. hand, I Was anxicaes on the other not to
bear unfairly on the-,prifioner.- butto giVe to him -eve,y• '
chande.-of proving his innocence ?-(Cheers.) But I
. trust the House will permit me to read another extract,
to satisfy it 'that I am not actuated by any blood hound
instinct(-Cheers)---yes,- .bloodlionnd Was the word—
against the person then ,lipon his trial.
.(Loud_—
cheers.) The Right Hon. and Learned - Gentleman.
(Mr. Sitith) used the
.words, •in describing My 'conduct
'against a man tried for his life, and he put an emphasis.
on the eiprestiOnwhiCh did' not escape the House; and
I did think that he wished to convey—r trust it most
involuntary but certainly a .very egregious misapprehen-
sion of the conduct which on that occasion. I adopted: -
-1-;(Cheers.). (The Right Hon. and Learned Gentleman
-read another very Icing passage Ofhit speechon the occasion
alluded to; in which he implored' the jury, if ' they be-,,
_,.
' lieved there was' any misapprehension dn the prisoner's
mind as ito the ' word " Fire," instantly': to acquit him.)
Ile proceeded= -I think - I . haVe Satisfied the House, and.
even the ' Right HOnoiirable and Learned
,:Gentle:
man himself,_ that on the - occasion he has', so
triumphantly referred to, I did not avail myself of any
prerogative but what my poSitionrecinired me to de, and
that. I did not evince 'any' spirit which' deserves cen.
Sure frein any man.—(Loud Cheers.) ''r have thut ex-
.plainedthe reasons for my cOnditet, and the result. If
he- (the Irish Attorney-General)- had follewed:the
example which on that- occasion I' gave--if he, in the
Constitution of the jury in the recent. trials in Dublin,'
had allui.vedfive.Rbman Catholics and seven Protestants,
.'-(Loud . cheerts)-4ad'l •he ' allowed, - two ' Roman
Catholics—nay, ' even 'one to remain, I - think -he
would not : only . have 'followed a ' more merci-
ful, but,' ' I think,' lie ' would :"lutve followed
a much snore. judicious courte.-(Great Cheering.) That
he might have 'done' so r thilikr shall be able to show
in the course of the observations which I feel it my duty..
to make, and that without, violating 'any rule of pro-
priety,- or exceeding .'the 'bounds 'of fait, dismission.
jury
(Hear, heir.) , The- that' sat 'in Dublin was com-
posed of twe;ie Protestants; but the House had not yet'
been apprised that eight of that jury bad invariably
voted against' Mr. O'Connell 'on the'several elections
When he was a candidate for that city.—(Loud cheers.).
gooubt they had' a perfect right-tovote against him,.
and he blamed them not for it; but when he found' them-
on the jury he could net help 'stating the fact to' the House. -
But, in fact, there is a double charge.; first, the exclu
lion of every Milian Catholic I and next, the introduc-
tion, of eight persons who, if they; were 'not personal op-
ponents of, were politically hostile to,' •Mr. O'Connell.
Allusion had been made to Mr. Thompson,'a wine-mer-
chant, and some doubt had been entertained with regard
to the fact of his having seconded' a 46,..t01uti0n in the
Corporation on the subjeet-'of repeal. The resolution,
after, a certain preamble, was this';-'` We are deter-
Mined. to support and Maintain, by,:evefy means in our
power the legitlative,union hetween Great Britain and
Ireland." There Was another gentlethan;,of still more '
-
marked politics than
_Mr. Thompson,and 'he seconded
the, resolution,. . I find .in Saunders" 1V eves Letter •
of the 14th Of February, 1840; that 'a great Meeting
of Protestant.i had been : convened ' by . the Lord'
Mayor, at which a resolution
,was come to for thec,puP.
pose of petitioning the Imperial Parlianient. This ineet-
ingwas held in the King'i .RcfOrifs..- Mr. Tonei at that'
meeting said, I`.. Whilst the great agitator, the disgrace
and saotirge of lieland, is' now endeavouring' to Secure'
Papal ascendancy, I Call upon you, .by 'every conSidera-
_
tion of CharaCter and o:religion, to stand by'our- prin-
ciples. Let our motto continue to be, as it always ,has-f.
been, ` Protestant ascendancy in!Church .and_ .:
ho surrender ;"'"and then followei ldud and long conti-
hued cheering, with shouts of "No surt%tidere"--,
(Cheers.) Then therligh SMriff,-Mr.,Falkrier; who was
on the late jury,-proposed the third resolution, the effect -
of which Was; that t hey, had- heard with:deep alarm that a -
Bill had been,lutrOduced'into I'arliament relating to the
Municipal Corp Orations 'of. Ireland, 'by Which" it was
proposed to transfer the franChiSti to other hands than
those to which it justly belonged. That gentleman 'on •
another occasion, when he was a candidate for the office'
of sheriff, made a Speech, which was reported on. the
13th 'of APril, 1839, in - Saunders' Letter, and in the
Evening Mail of- the same-day. In that speech he said,
Protestant ascendency. .must be -upheld, and I shall
always' Ge ready to give the ekirier toast as cordially,
anti as emphatically:at 'it has' ever been ',giV-en.", Mr.
Hindesaid,- " What -charter, toastdo You mein ?" luid-,
Mr. Falkner said,
.".• Need -you" ask--me 2I- mean the
glorious slid. it iinortatinemory of William the Third."
NowLsay, ought.nOt .that man, to ,have :been atrucle.
Off the jury y I: think, _if the: :House will con-
Sider all the facts "of ' this' ease :7 when they
look "': at, the -Variety of circumstances: which • con.!
cur •in throwing light ;upon ' it=-''they . 'will • Only.'
to the conclusion that the ' Wry were not ' qua
, .
lified -to kiVe 'a verdict in'' the . case. • 'I 'think • that
Mr.,O'Connell should' have begun his speech in ad.-
dressing the, jury in the words of tine Unfortunate Louis.
" Ilook for:judges, but I beholdnone but accusers. here."
.--(Cheers.) , My .opinion is,• that if a* verdict: was .
legitimately obtained in this' case—if the law of conspiu •
racy was not strained—if by fair means and through a.
proper jury, you obutined a victory ever the'leader ofn n
Catholic .people._ .theit '.yon
e•Sthi)' Attorney-General' fforlreland, thecretiry ofState fdr the. Home Department;
and the ,Seeretitry-pi the Colonies may -.legitimately
indulge in the exultation . which your . speeches
have exhibit;.d. 2 But if, On.the other hand, the victory
. .
was,not fairly.ebtained,r-if 'you adhered to the forms of.
justice,' but in fact'violated it=,-.if Iv' plot—no, -he would • -
say,: if a.project had been concocted hi the liome,oilice,,
by which an. (*tensible cennivance.was to' be- shown
:with respect to monster' ineetings;''teditions-littraugues;
said inflammatory newspaper. publications,' for a period
of nine Months, all'ied by,a-,pbTilic4.l antakdnistr=--and, -
if foully or fortiiitOnsly-fee -whether *414 :Or -for
tuitously the result;mnst be ju-se elle same-a, centider-
able
.portion., of the -jury list, Was suppressed,.
and the defendants were deprived of the' ;benefit
of - the Act of Parliament .- which ',was: introduced
by the Right Hon.. Gentleman at the' lead.- of her.
.Majesty's Liwiertiment id thii eoutitis,, 'tor he ''has' the
merit of introducing it into "this eciiiiitty. and upon
which :Mr. fltlitiee Perrin, . one of "the-judges of ' the'
,Cotirt of' Qite4'n's hotel, in the trial' at . hitt, delivered
hiS cipinien—if a sectarian jury were eMpanellt d;.forthe
purpose of trying a Man who was ace, ,-unted as their Jibe
rater by the Irish Catholie.people, I say that' se far from.
its beitignettuse .4 .exultation,.l think the victory -you '
.have obtained will ultimately be' as detrimental -to the'
victors as it is now fatal to the vanquished.—(Cheers.)
It MAY leave a deep feeling of animosity, and will be'
.follovt'ed .by retribution,' slow ' indeed, . but • fearful, ' 1
! !shall:new advert to the form of the PrivY CoUncil; be,;,.
I cause the Noble LOrd the Secretary ferlreland 'adverted'
iii this Honse, it the ri.anritnencentent of the debate; when
I was unable to attend, being confined in Ireland by in-
dispesition,--the.Noble Lord at4erted to on observation'
.niaTle.by me in the.Conrt of Queen's Bench. lie:said--
, but he was mistaken in what he did saj,-,--=ha said that, I",- .
represented it as 'an insult to the Catholics of 11-el:Ludo '
that "Mr. Blake and Chiefßarou Brady Were hot summoned:
to the Privy' Council. Whit I said•WaS that the uniform
usage in Ireland, until occasion; NV O`io itrininon every
Manlier .of the-Privy ouincil-; -bur:Upon 'fili.4 ioeNtSion •
that rule as as for, the first time'departed-froM, and that
Mr.- Blake, e, a Roman Catholic,,was excluded .cin that oe- I.
cation' -although he !had been summoned before to the
Privy CounciL . Mr. Blake ;wasp appointed.to.thesligni7-
fietLoffice of Chief. Remembrancer of Ireland under a
Tory Government---4ppointed by,: Lord Wellesley, the'
great Conservative statesman—and Mr. Blake- never.
took part in the iibletit proceedings by which Ireland
was agitated.: ' After -he was .at a meeting 'at
Charlempnt-hotisc—aftier' 'Mid ' iibt ' ' brefore,,,,Y6u .ie-X..;
, cludeif-liriti-qiorn - -'the., 01-i Not 4 Miiiitilk-Lfeliereio i
! The fact of his being in the habit of !Mending the -Privy

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