The Sun.
London, England, 1850-02-13 00:00:00

THE TIMBER DUTIES.

Lord JOCELYN, seeing the President of the
Board of Trade in his place, wished to ask
whether it was the intention of the Government
to introduce during the present session any measure
for the regulation of the timber duties, which pressed
so heavily on the ship-builders.
Mr. LABOUCHERE sail that he hoped the Nuble
Lord would not accuse him cf discourtesy it he declined
to answer the question, and followed the usual custom
of rtfrainining from giving any information upon this or
any similar subject until ef,,er the Chancellor of the
Exchequer had made his annual statement to the House.
SUPERVISION OF COAL MINES.
Mr. WYLD wished to ask the Right lion. Baronet et
the head of the Home Department whether he meant to
proceed any further this session with the measure which
he had proposed last session for the supervision of, and
the prevention of accidents in, coal mines.
Sir G. GREY said that in consequence of what he
had stated lust session, he had sent two gentlemen out
to make a survey of the several coal mines, and that he
had not yet received their report, but as soo❑ as he did
so he would I:ty a Bill on the table of the House with a
view to prevent as much SS possible the recurrence of
those calamities.
Mr. WYLD begged to know if, when the Right lon.
Geutleman did receive the report, he would introduce a
measure founded upon it?
Sir G. GREY replied in the affirmative.
REGISTRAR'S OFFICE, BANKRUPTCY.

In reply to a question put by Mr. HENLEY,
The ATTORNEY-GENERAL said he would post-
pone the Committee until Friday on the Hon. Member's
request.

TRANSPORTATION AND EMIGRATION.
Sir R. H. INGLIS wished to ask the Under-Secretary
for the Colonies a question, whether on the simulta-
naous arrival of a transport and a free emigrant ship at
Botany Bay, tho convicts who, during their pas.age
had behaved remarkably well, were all engaged before
the fro emigrants.

Mr. HAVES believed that the report which had
reached the Hon. Baronet was quite correct.
DISTRESS IN IRELAND.
In answer to a question from Mr. MONSELL,
Lord JOHN RUSSELL said that it was his intention
to make a statement with respect to the distress in
Ireland.

The NOBLE LORD then moved that to•morrow, being
Ash Wednesday, the flothe should sit at two o'clock,

COLONIAL AFFAIRS.
Sir WILLIAM MOLESWORTH rose to move
for some papers eonnected with colonial affairs. Ho
had given notice to the effect that the colonies should
have self-governments and perfect control of their own
affairs, but the Noble Lord (Lord J. Russell) had wisely
and properly taken the subject into his own hands. As
a debate had ensued at considerable length, in the course
of which he had had an opportunity of stating his views
and opinions in detail, he would not trespass at
any length on the attention of the house on the present
occasion, and would simply propose the resolution of
which he had given notice. Nothing he thought could
be more liberal than the principles of co•
lonial policy as laid down by the Noble
Lord; but he was sorry he did not intend
to apply them to that extent which, in his
(Sir William Molesworth's) opinion, was ne-
cessary for the complete and permanent contentment
of the colonies. He regretted to find that with re-
gard to Australia, the Noble Lord only intended to
proceed with the 13111 of last year, which ho thought
would require great alteration before it passed the House;
and he should take the earliest opportunity of proposing
several amendments in the details when it came
before Committee. Ho thought this colony ought
to have full power to alter or amend its
local institutions, and that it ought also to have an elec-
tive chamber and an elective government. The Bill as
proposed would give too much patronage in the appoint-
ment of colonial officers, a grievance which at the present
time was the cause of so much discontent. He ob-
jected also to the proposal to maintain the present
arbitrary powers of the Colonial-office over the acts
and proceedings of the Colonial Legislature.
Having simply stated some of his objections to this
measure, he would not trespass further on the House,
and would conclude by moving for cei taia returns con-
nected with the colonies.
The motion for the reiurne, the nature of which we
did not catch, was then put from the Chair, and
agreed to.
STRIKING JURIES IN IRELAND.
Mr. SADLEIR, in rising to move for a Select Corn-
miWe to inquire iut the facts connected with
the striking of the spacial jury, in the case of
" Callanan against Cameron," :aid he brought it forward
without reference to any party or sect, either in or
out of the House, and declared his anxiety to see
equal justice dealt out to the Protestant as well as the
Catholic. lie did nat melte his present motion in any
faetious spirit. Ile only proposed to lay before the
House certain facts relative to a system which he con-
sidered was subversive of justice, and had an injurious
bearing on the judicial relations of Ireland. It appeared
that Collation commenced an action against Major
Cameron in the year 1848, the major having taken pos-
session of some tenements belonging to Callanan for the I
use of his troops, and haying turned the furniture out,

&e. The Crown Solicitor, Mr. Kemmis, asked fur s sr
cal jury, and a special jur anel was returned in
rtii,
ease; and then followed then practice (1 the office if'
the court to proceed by ballot to extract the name.guree
48 gentlemen who might be pieced on the specie; that
list. In the 48 names so selected it lisocencu tv
there were ten Roman Catholics, residents in the eoneo,
of Tippet ary. Four or five were on the conornissiodo:
the peace for that and the adjoining coono9' and per-
or two were deputy lieutenants. lie was himself
I e re
sonally acquainted with those ten gentlemen, and there
could nut be men of higher character or standing. incite,
counsel bad the rightlin such cases to strike off twe't'he'
leaving twenty-four names on the panel, strike
vibe°. in
first twelve were chosen. In this case Mr. Neentalee„.
the exercise of his right as solicitor to the Crown, pro'
needed in the first instance to set aside and reject
and
names of nine of these Roman Catholic 036422 ire
he honestly believed that the tenth only escapee the
e,
suit by accident, because Mr. Kemmis believed IdaTthe
Archer Butler was a Protestant, Tee names (" eel
nine did not appear in the list in consecutive orde,r,,,,b
they were dispersed up acid down. lie knew that Bora
gentlemen were strangers to such a system as thallw t a.
he had pointed out, and such a system of (lee
penes
Englishmen were slow to give credance to
etatennt
which showed that the people were tilched of theen3"et
of trial by jury. But be held in his hand a t't'iteont
of a committee of Roman Catholic and Pr°,,Eo by
gentlemen, who undertook to investigate they'ided
which; juries were constructed in the countryierease
to. This statement shooed the marvellou decree's
ss
of Roman Catholics on the list i f persons 011egou0
jurors from 1839 to 1843. He placed btfore thoyero.
these facts with the view of extorting from lb. oho'
ment a clear explanation from which the Bents° or
lie people of Ireland might feel convinced that doantics with
sentative of Royalty bad nothing
this insulting warfare against the consciences (41 of
ple of Ireland. He hoped the Government viould l' i,,
that they did not countenance the iefliction of theollyeoro,
suits on the people of Ireland. He warned the liutbele.
whatever to e
peo,
ment against putting this question on A °Jere q,ilv as
The Dublin Evening Post, which wss arewee", Jo s
organ of the Government, had dealt with this elle
a d Pu
monstrous case—as one which domene' et of a
investtgation, and as involving the ain't
wholly on'
Government official, which had been ~., shot
justifiable. The Irish people had hoPed ,15;nt baJ
investigation would have been made. An at`e-r,oeli-
eitor, by
been made to justify the proceedings of the Crretotere
showing that he did not represent theiing oil
lie had cautioned the Government aesinst In", act
defence, because there was evidence rieste be ffa'A, be
in his capacity as Crown solicitor. It W 9 illdeu es'
put forth that Mr. Kemmis was' not onif 011 be
private solicit n., but that he was bound to teikenti:e that
ceur4e he could to secure his client. lie denied ill
Mr. Kenornis under anyucircumstances, circumstances, wltaiiiii perlial)!A'
excluding Raman Catholics. It would he sa-ec'tions Is.
that as the law stood, and acting on the inStr-AttOrOGY.
down by Justice O'Loghlen, and the pleseot gal it
. t-e Crown solictor bad a
General h n
him. Everybody knew Mr. Kemroia'a Pre if he
anew thatle be
Every body who knew that gentleman e-- he you. ~
diserelie/ections
had the opportunity of exercising a discretion .0g tO 661
glad to insult Catholicism. He had ot)htill had 11
against the gentleman, but they knew Pt/60014T,
cradled in bigotry, in a system of religious e% cold e`:,
political intolerance—a system which no Sap in could
fend—a system which had been chidcondo :01° eft, 1.:
quarter, He knew Mr. Kenernis was the s the. "'
late Thomas Kernmis. He knew his father "whoevera
cial of one of the most, rabid Irish Orane'receelj Ochs
filled the office of first law officer of the Ur" we' penile.
understood the Right lion. Gentleman that aped ratio
tions issued by Justices O'Loghlen, 13ritclY, 6thoughtt"
were meant to apply to ordinary cases. Be e 4 in everlf
fairl interpretation of those instructions was, t"..ioeipl? het
instance in which the Crown took cart the Pilo fog
Justice O'Loghlen should be adhered to. r,rlt that d!:
Hoe. Baronet had laboured to cetablish tbl
~ticteen 'l-
- sut a .11'. Op P 0107.11 GgliCliC 7;,;:it of °I::
'.4 l:g :At :( ci,4l pc ,:tic u in 1);1),;i71. Ci,t Of g I‘, %veil
Keev-
I.::::> L0ir...:r..!: ti.::, ::):,:latila:, t,..Lci sai,j ille,'„ded. 1
eluded out of regard to them. ,fhat, he cor,v,..:_ body 0
a calumny on the whole of the Roms° Cat7jheibilo
o,Den3
Ireland. Ina statement mass by the, ',,°teere s
last year, after saying that he did not th''t pot Se i,
any reason why the Roman Catholics ()ugh
00 joie I
placed on an equal footing with Pratestants politicos
so, likewise, be held that a man hAt:ldialiaed Vbe
opinions on repeal should not be oisgsu men et
serving on a jury. But that in the case of Is
stot fro
openly declared that Ireland ought to he seP'er en I°Y;
England, that the Queen's power should be ts teece,l
1
and that these objects should he completed hi'd bo Ill‘neug
question was, whether he was a man who would to do, Pot
ifto try the issue justly, as parties were sworn_ os IL;
_ the Attorney-General thought any Peralecv, but
likely to gibe a verdict according to these to pole .
against it, then it was right not to lal. 1 s thnceev.
the list of the jury. Now, in these opiniee;yerf ht to
proceed by the Noble Lord, he was sttriefertoilgß,:ive
hminded Irishman would coincide. Every the eSeteie
e made to prevent the continuance 01 e,'" 13e t°,ol
system now adopted; and be implored the P•oeie pl.) he
eider by whet alteration of the law they gold
04Pecejeet
sad
recurrence of such a transaction 35 '', Cie 6'l, et
ad brought forward. Ile had ler0411" the see stet
before the House with the view a PlAnt%elsild'ej in
Freoaceaand good will among the pecPie ce-Jsaielat°l.l °4°
thatu a
country. sire toThseee
ljouvsetitc
fe
justiceirnpart i awl
all, 73, hsefrre J1it,‘,,,,,-0,10.03i1,
‘‘ Irishthere nh
ai
ra
an' ol ep•aeoanpdle toheuttseerths!tlit:finee.rintair:ge?n3thoir,,,svpst:ooo-tiiirt;
thereof, even though it b
they may have the ). ._e .ag`lini,ib beeelit °,,,1 ee ilea:
erosection an is - , 0 e.ee 1 tbr
when upon just cause they 1 desire 1", „vet i.'
Metnt er concluded by moving(o the a2P°lll.-
Committee. bet
.
Mr. SCULLY seconded the motion. 1 blell'oa
Mr. HATCHELL gave the llonourah'°,ool; of
credit for his endeavours to reconcile the d'ffhero scelj-t io
dissensions which existed in Ireland • but t",3300:000
his observations and references, and their-osacil Dee
which he had spoken of individuals, and th,..e';‘ tll°,,i
of bygone times,- were not calculated toeee:oooo,64oi
ject. Every one must lament that auythlll6„-0 11?:e 0
cur with respect to the striking and i"l' bad " ;et
juries which would lead to the idea that WI -Leer c':o
struck or impanelled unfairly. There a sn,r°- ectit-il
orvnionugratbhelo notice
Member o f theiiad Ilwroenufeb
rer'eeri,
robi ai:
ios, oi.
oil il
shtiacih.cethselellse
ctouraw
untried.—(Hear, hear.) The assizes at TiPP Cole`-gial
take place in about three weAs, and it 014 00,,,,0r
should he appointed, '
it might se imneen ty'' the ve•
would
be proceeding during - —r
r • Ot . W- i
MiLtee. Such a proceedin h the sittsni bighlf.ioo o
tionable, and little conducive e considertioistral e'
to the an; the Pee'
jestiee,—(Bear, bear.) He consideree twit ,os,
sent motion extremely inconvenient °,ll objecii% 0
count. But that was not the °°60:10 ii-,1193
This was not a question between the reinsrY ",. •
subject in any criminal 4 ta e' et f 4
proceeuing, bu 00 if c -
to try an action of trespass, and roar ~,sion °Awe
house or
this case a special jury had - this
practice was to call over the forty-eighte aßinteb. std
ti°ll
had
being called upon to strike off ta'e-g7ecitiight
fadhbeen done. Now, without going iat°l4, be "-been
o t e high character and property of the Jiierst cgse.
safely say that a more cotnpetent jure, hid toot 101
appointed to try even a far more snip Ir'a 01
the see
(Hear.) The only ground for eonnecting tole" iditti
v ernment with the transaction well the caeoci, heosell
_ Mr. Kemmis being the Crown solicitor; and, hest
that position, it was supposed that the Giovb'eop onli;ici •
responsibleh for his acts, and that he het'icotetaia, PI
e, a bigoted and sectarian spirit. 11ar',1- it viii-ofrl'
high and honourable social position, an' id 130%-tetta
that, in his absence, such imputations 311°1104 ' Of
thrown upon him. But if there was one a° 0.
present occasion more reprehensible, :actions tho
unnecessary allusion to the tran°o t.O_A to
1842, libelling the son by a ref,erle,l: 00176 A
transactions of his deceased father; brio ' opsideroets°',
Hon. Member for Carlow would, on Wail 5 e jetlo
consider that h h h Won %eel e,,i‘ Of
e oug t not to aYe
(The Hon. and Learned Gentleman the°.,,i-0 otillere 0'
A at
from Mr. Kemmis, stating that the jar)? ...dors . pc9"
the usual manner —that the names of the lorperrnatbe li;
the moat respectable class—that in the Peat for eetab'
his duty he had exercised his best judgrao 00p, goo;
terest of his client in the same wet
the any
5.1301 Illii
solicitor would have done.)—(Hear, °eat $OOllO 00.0
Gentleman, in referring to the names ° 0 of 1'; Jefl,ie,
jury, seemed to intimate that the eelifio bee'', et.;
Roman Catholic, James Arthur Butler, toe ttroogi.o
by mistake. Now nothing was farther ' eon nod tat'
He protested against such a motion harnfded; rot•arsi
forward with respect to a case still and 0001 eta,
because it would set an example to eiverfore the O,S-fof
ing the House to pronounce an opini°llwhereA filcill ber
jury selected between party and part'', of eV 10e0 il,
'ley must act to the bust of his judgree fle'sretata 130
the benefit of his client. He trusted the' ge. the
would be satisfied with the disavowal teittedit • de'
and withdraw his motion. If not, he sli- gici -
to tir
had said sufficient to induce the gaup • toli.ed
cided negative. Wale e '-
~.a „,0 fiAty
Mr. SADLEIR explained. Se had the "ee- ley
f ira ned from adverting to the merits `he or
to
had made no observations reflecting 0° I'l.- 0(400
of the gentlemen on the panel. roc° of
Mr. SCULLY maintained that the
eastgles of Ife
which his lion. Friend had called the eeoPle
5b
House ei the r • 11.
was an insult to the religion V. • ' 0301i° fOre 0
land, and ho should therefore support Olio be iljbe
Mr. NAPIER said the precise claesPPlieetd f°13411
House was this. A special jury was
11005-.IIOIY -el;
civil action. The panel in the Crow
°no eituroeter";
special jurors' book were constructed onoeollboolc ;f
ferent footing. The names of all tetra ierorteatieg
tent to act were placed on the * es,be sea, 001;
alphabetical order. The sheriff atria ' cello; op ,
. this ~,,,,,Der; a 000
the jury, which was done in &awn,' of, op
bars were put into a box, and On being ~, the h, Oa
mice was made to the book to evertor
out of tlried :;i0
48 names were thus selected by hitvll° wise !? ,'.O
special jurors' list to serve on e.e9riow elleivote IP,
a special jury. Then what did. t... 111 eught t° 00 7i,
agreed in the observation that IV,. n 3,08100 aril
benefit of English instittltions. I.l‘'e "oat of noetf bie
plicable to both countries.---(lleerif toe each orator. to
eight names so selected, the levy S oe being 6 reef 0
e ...0
legal right to object to twelve withOu'ee the stythe I. 4
to any tribunal; and it was dutY__T•sidered:od 1700‘0
strike away the twelve which he uTt• there.rod to er.
objectionable, and leave the rest% boa atoPets'ip ofio,
any fraud, the Court ought to u
h"a to the 6Yethe ii° i''
affidavit; and ho decidedly objecte befog
" • jolf3 0$
OiVg 11 ellg
witting the opportunity of g one ill 6 tre i 0001
and involving the House of C0113112„..e bet° eifore
_ete
torsion, when the facts were not r0"/bette '', to lusi,
Lod an • dory per
thought Mr. Kemmis had exert . kit Ws, .00 , 03,
should
thin •ettOr lae
and on every ground he hbe soh f gr• rya,
with his Hon. and Learned Frienu denial 0 ollet A.
env ee-
hst after the
Mr. FAGAN said t to make "300. • hi
mss it was exceedingly difficult . ef• the tis
. . tifiestion o ~,f, of
tions, but he must say' In ins seehle ,A" •
hors for Carlow that it wag i 11320

j