The Sun.
London, England, 1828-07-09 00:00:00

INSOLVENT DEBTORS IN INDIA.

On the motion of Mr. WYNN, the Report on the
Insolvent Bill (India) was brought up, and agreed
to. Third reading on Thursday.

IRISH BUTTER TRADE.

The Irish Butter Trade Bill was read a second
time, on the motion of Mr. T. COURTENAY.
Committee on Thursday.
The House then proceeded to the other Orders
of the Day, which being disposed of, the House ad-
journed at a Quarter to Two.

PARLIAMENTARY PROCEEDINGS.

HOUSE OF COAINIONS.
NOTICE OF MOTION FOR THIS DAY.

Mr. Robert Gordon—Bill to enable the Corporation of
the City of London to prevent the passing of carts,
waggons, drays, and carriages, through Smithfield,
during so many hours as they shall think fit, on
Mondays and Fridays.
ORDERS OF THE DAY FOR THIS DAY.
1. Supply—Committee.
2. Ways and Means—Committee.
3. Liverpool Road Bill—Report.
4. Warden of Cinque Ports Bill—Report.

NOTICES GIVEN YESTERDAY.
Tuesday, July 15.

Mr. O'Nei:l—That the grievances and distresses of the
proprietors of Kelp in the United Kingdom require
the immediate consideration of his Majesty's Govern-
ment, with a view to afford them due protection
from Foreign Alkalis.
Thursday, July
Lord John Russell—Address on the state of Ireland.

The Duke of CUMBERLAND and the Duke
Of CAMBRIDGE left town together about six o'clock yester-
day morning, in a chariot and four, for Wormwood Scrubs
where their Royal Highnesses, on their arrival, reviewed
the 2d Regiment of Life Guards ; the Duke of Cam-
BRIDGE, after the review, proceeded to Kew to visit Prince
GEORGE of Cumberland, and after breakfasting with the
young Prince, proceeded to the Royal Lodge, in Windsor,
Park, on a visit to the KING.

Lord STUART DE. ROTHESAY had an
audience yesterday of the Kuso, at the Royal Lodge in
Windsor Park, and kissed hands on being appointed Am-
bassador to the French Court, and it was understood his
Lordship took leave of his MAJF.srr. His Lordship re-
mained to dinner with the KING.

Viscount LoWTIIER had yesterday an
audience of his 111AJEsry, to take his commands on matters
relative to the office of Woods and Forests.

His Royal Highness Prince LEOPOLD gave
a grand entertainment on Monday evening at Marlborough
Hone, at which most of the members of the Royal Family,
nearly the whole of the Foreign Ambassadors and Mini-
sters, and a very numerous assemblage of the Nobility and
Gentry, were present. The suite of state apartments and
the grand hall, as on the two previous entertainments, were
Used as a music-room, and were brilliantly lighted by ele-
gant branch chandeliers, &c., as well as the two grand
staircases leading to the gallery of the grand hall. A con-
cert was performed for the gratification of the distinguish-
ed party, by the most eminent singers, which concluded
about a quarter before one o'clock. Among the company
present were, the Duke of SUSSEX, the Duke of CAM-
BRIDGE, the Duke and Duchess of GLOUCESTER, the
Duchess of KENT, Princess SOPEIA MATILDA, and the
Bishop of ROCHESTER,

PROVIDENTIAL ESCAPE.—Between twelve
and one o'clock this afternoon, as a gentleman, accom-
panied by his lady and a fine child, were proceeding past
Exeter 'Change, exactly opposite the Sox Newspaper-
office, the horse suddenly stumbled and fell on his left tide.
The gentleman instantly jumped out and assisted the lady
to alight, while a Mr. L. T. GASKILL, who witnessed the
accident, ran to tke chaise, and held down the horse with
one hand, and with the other succeeded in rescuing the
child from his perilous situation. The parties escaped
with some slight bruises, and after the horse regained his
legs re-entered the chaise and drove off.

EAST INDIA HOUSE.-(THIS DAY.)-A
Special Court was held this morning, pursuant to a reso-
lution of the last C•urt, for the purpose of taking a ballot
on the motion made by Sir Cuanuts FORBES at a previous
Court, for restoring the confidence of the Court to Capt.
Parscorr. The motion was to this effect—That Capt.
Pnitscurr having been acquitted by a jury of his country
of the charge of corruption relative to the disposal of pa-
tronage, ought to be restored to the confidence of this
Court. The ballot commenced at eleven o'clock, and will
end at six this evening. It is understood that none of the
Directors will vote. From the general feeling entertained
in favour of Capt. P. little doubt is entertained but that
the motion will be carried.

THE QUARTERLY DIVIDENDS.--This

morning the dividends commenced paying at the Bank of
England, and were much larger in amount than those paid
last quarter, exceedinz sine millions sterling, the interest
on Three per Cent. Consols, (one of the Stocks on which
the interest is now due) being by far the largest portion of

the public debt. In addition to the Three per Cent. Consols,
dividends on the following Stocks are now in course of
payment. The new Four per Cents. the Three per Cents.
of 1726 ; Life Annuities, Three per Cents. of 1751. Di-
vidends are likewise due on India Stock, and old and new
South Sea Annuities. The Dividend Warrants for the
Banking Interest were delivered yesterday. There wag a
pretty full attendance at the Bank this morning of parties
to receive dividends.

Mr. CHARLES BUTLER has addressed the
following letter to the Secretary to the Committee of the
Friends of Catholic Emancipation at the Crown and An-
chor Tavern, Strand, in reply to a letter inclosing a reso-
lution of thanks voted by the Committee to the Learned
fientleman, for the ready application of his consummate
legal ability and research to the illustration of the state of
the law respecting the eligibility of Irish Roman Catholics
toserve in Parliament

" Lincoln's Inn, July 7, 1828.
" DEAR .Strt—l beg to present my thanks to the Com-
mittee of the Friends of Catholic Emancipation, for the re-
solution which you have transmitted to me by their desire.
I consider it most honourable to me; I feel myself
pblil,red by it; and I present them my sincere thanks
for it.

My opinion, though finally committpd to paper in a great
hurry, was formed after much serious consideration ; what
I have beard since it has been before the public has con-
firmed me in the sentiment it expressed.
I beg the Committee will command my services in any
mann:v OW think. proper. I take leave to assure them of
my high respect, and tv,y earneit wishes fqr the success of
their labour~ in the noble cause in which they are ehgag,24.
" I have the honour to be,
"Yew li.-red and humble Servant,
" Was.
QUIN' Esq." " CHARLES BUTLER."

113-TEL—On Monday last, at Settle, the wife
4,,c7 with ht e
0,
1(1).!
ert "rea:ecl
doinglildn,svt
lo,—gir
11
vs
ea
sntd_
morelalid Advertiser. •'

On Monday last week, a herd boy following
cattle in the river Airless, stumbled on a bag which was
found to contain the body of a male child, in such a state
of decomposition, that it was imposale for a medical gen,
tleman. who examined it to ascertain whether it had ken
bun alive. girl. named FLORA Muxxo, apprehended
On suspicion, has admitted that she is the mother of the
child, which, as she says, being grill-born, she threw dyer
the bridge of Alness; she is committed to the gaol of WTI
fur trial. —.lnverness journal.

CLARE ELECTION.

FIFTH DAY OF THE NEW ERA.

LAST.DAY.—;SA'ruxnnr, JULY 5.
GROSS F'ol.f..
For Mr. O'Connell 2,057
Mr. Vesey Fitzgerald

Majority for Mr. 0'C0nne11...1,075

At length this contest has terminated, and the
High Sheriff has declared this morning Mr. O'Con-
nell duly elected.

The votes for Mr. V. Fitzg-erald were completely
exhausted, but Mr. O'Connell had a large store of
40s. freeholders in reserve.
This morning the High Sheriff and his Assessor
called on both candidates, to argue before them a
protest, which had been lodged by several .free-
holders against the return of Mr. O'Connell. Mr.
O'Creagh, jun., and Mr. Doherty, attended as
Counsel for Mr. Fitzgerald aad en behalf of the free-

holders ; but Mr. O'Connell declined to appear
either in his own person or by Counsel. The fol-
lowing is the protest :

TO THE HIGH SHERIFF OF THE COUNTY OF CLARE.

In as much as Daniel O'Connell, Esq.,isa Per;onpro-
fessino• the Roman Catholic Religion, and, as such, cannot
qualify to sit in the House of Commons of the United
Kingdom, even if he were elected; we, therefore, give you
notice that the election and return of the said Daniel
O'Connell to sit in the House of Commons of the United
Kingdom, under the writ to you delivered, will he illegal
and void ; and we do hereby call on you to return the
Right Hon. Wm. Vesey Fitzgerald, he being the only qua-
lified candidate in nomination.

(Signed)
William Fitzgerald John Singleton
W. H. Stacpoole James Tynous
Burden Blood Andrew Stacpoole
Augustus Wuter Cornelius O'Brien
George O'Coghan William Butler, clerk
Win. Wuter Robert Goblett, clerk
Thomas Crawe Charles Mahon
John Fitzgerald Cornelius O'Callaghan
Charles Studdart C. Doxan
Daniel England James Fitzgerald
Francis Gore, jun. Joseph Blood
Richard Studdart H. Butler
William Scott Thomas Browne
Charles Creagh Chat les Borlty
James Creagh J. M'Namara
John S. Vandeleur Thomas Studdart
M. Furnell George Studdart
Poole Dickeman Robert Kean
John Whitby Arthur Capys.
The following was also put in :-
1, George Doxan, of Conudatban, in the barony of Clon-
dalam, of this county, do swear that I have read an ad-
dress in the Dublin Evening Post newspaper of the Ist
day of July, in the present year, signed Daniel O'Connell,
and directed to the electors of the county, with a view, in
this deponent's firm belief, of inducing said electors to vote
for him at this election. Deponent saitb, he believes that
Daniel O'Connell, Esq. one of the candidates for the Re-
presentation of this county, was the person who wrote and
composed said address, and that said address was published
through his means, and by his instigation. Deponent fur.,
ther saith, it is stated in said address that the said Daniel
O'Connell is a Roman Catholic, and that he declares,that
he would never take certain oaths, now by law necessary
to qualify and enable him to sit and vote in Parliament.
(Signed) GEORGE. DOXAN.

A further affidavit was put in, certifying that Mr.
O'Connell was, at the time of his taking out his cer-
tificate for the bar, a Roman Catholic, and that he
entered himself, and took the oath as such.
Mr. CREAGH and Mr. DOHERTY, in support of
their application, quoted the 41st of ceo. 111. chit?.
52, 2d and Gth sections, and contended that a person
disqualified front sitting, or voting in the House of
Commons, was equally disqualified from being
elected. They also referred to the case, of Hunt, in
East's Reports, in which Sir Thomas Mostyn, a
minor, was returned by the Returning' Officer,
having the greatest number of votes, but he being
under age, and that fact being notorious, the. House
of Commons decided that the Return was void and
bad, and that it was vexatious ; and it was also:coa-
tended by them, that it was notorious that Mr.
O'Connell was a person not in ease for the purpose
of this election, inasmuch as he declared on the
hustings, that he would not qualify himself accord-
ing to law.
Mr. KEATINGE .(the Assessor) begged leave to
say, on the part of the High Sheriff, 'that Mr.
O'Connell made no such declaration ; he and the
High Sheriff were aware that a question as to eligi-
bility might be raised, and be felt it his duty to
watch the progress of Mr. O'Connell's address from
beginning to end, and it struck him that the
question, whether Mr. O'Connell would or would
not take the oath, was cautiously abstained from.
Mr. O'Connell addressed the freeholders as if in the
presumption that no disqualification existed against

to m.
One of the Learned Counsel (Mr. CREAGH)
stated that Mr. O'Connell said in his address—
" Now, choose between me and Mr. Fitzgerald ; he
will take these oaths. I would sooner die than do
91

so.
The ASSESSOR said he recollected the words, bu
he did not think they went to the extent contended
for, and, at leasti he would require an affidavit of
the exact words.

Mr. CREAGII said he was ready to make himse
:he affidavit, and then

Another Learned Gentleman went on to argue
that there was no distinction between persons no-
toriously disqualified, and that the same objections
which lay against clergymen and minors, on the
ground of notoriety, also lay against a Roman Ca-
tholic refusing to qualify. The 30th of Charles 11.
recited, in language not to be misunderstood, that a
Person refusing to take the oaths could not sit in
arliament, and it was to be gathered from the lan •
guage of that Act, and all subsequent legislation,
that a person so disqualified was disabled from being
elected. In the 6th section it was stated in direct
terms, " that any person declared incapable of being
elected, such person shall be disabled from sitting
and voting in the House of Commons," and he
called on the High Sheriff not to permit so solemn
a farce to be performed as that of returning to his
Majesty's writ a phantom, a person declaring him-
self not qualified. It was too absurd to suppose,
that the payment of a penalty could legalise an
illegal act. The objections they contended were in
time, though they might /lave been made with equal
force on the nomination day, but Mr. Fitzgerald was
desirous to show a certain portion of the county de-
claring in his favour. They therefore called upon
the High Sheriff to return Mr. Fitzgerald, against
whom no disqualification existed, and abstain from
making a return which would only be a mockery to
the world, and make the county a laughing stock to
the whole empire.
Ihe ASSESSOR—I feel the serious responsibility
which is cast upon me in this peculiar case ; and I
also feel it is necessary I should fully and publicly
declare the grounds and reasons on which the deci-
sion which lam about to give is founded. I feel it
unnecessary for me to disclaim all motives of every
kind—l mix myself up with neither party, and I
come to my decision, however it may be dissatis-
factory to either Mr.
O'Connell or to Mr. Fitzgerald.
I am here fearless of
consequences, without looking
to the right or to the left, and careless of who is or•
who is not displeased. The question which the tligh
heriff has to decide is, shortly whether IN.r.
O'Connell is, or is not, qualified to be elected to sit
in the House of Conireons ? I say qualified to be
elected, because, in the course of the argument the
qualification to be elected, and the qualification to
sit, and the qualification to vote, have been con,
founded. I say, as the law now stiands, a man many
pali44 for one or thp for all • and
this ni bapty judgment of mple, tor I 0101 call
your attention to the 46,.ets of Parliament, in which
these three steps of election, sitting, and voting,
are
that if any person here-
decided. The first Act of Parliament°ther'referredt
that of the 41st of Geo. 111. cap. 52, sec. 2 and 6.
The sixth section was commenced with, and it says,
tNorbthetleedisnaabciteedd,
from,
or rendered Inca-
pable of sitting or voting in the House of Commons,
shall nevertheless be elected or returned as a Mem-
4Adneedlairwedit

whieleinter ir4,
not 11Ow
her to serve in Parliament, such election or return if on
hereby enacted and declared to be void to all intents ' urination thewemo
and purposes whatsoever; and if any person or per- in aeeedin
___
sons so hereafter returned or elected, and declared to persoed ! ,
be disabled by this Act to be elected, shall presume friend, ex regard
res
to sit or vote as a Member of the said House ' thank
.1.,_, you') Asir.
of Commons, such person so sitting and voting
which this demi
shall forfeit the sum of 5001. for every day bound
to bear i
on which he shall sit or vote in the said tialisy
rss_ have
House." Now, it is material to observe, that sensor u n
the object of this Act of Parliament is to pr.event ' to
am unw
so
persons holding certain situations from sitting in the suin,l respect :g thk
House of Commons. This Act expresses the three hounek
e
e atrac nd. fe
B
stages ; and, it being the intention of the Legislas touched , y
calun
tore that a person holding a particular situation ren- To ley
own
es
dered him incapable of being elected, it would have
man
Y a struggle,
been the High Sheriff's duty to reject him as a can- es
—lel weakness,
didate. It would have been his bounden duty not
ec'neetaied in pi
to put him in nomination. The second section is to
iris To my m
this effect :—" And be it further enacted, that from , honour
of
prapot
and after the passing of this Act, all persons dig- ,
indebted;
ailed from, or incapable of being elected, or sitting lei
nsen,who has
and voting in the House of Commons of any Par- sks, ,
'.
---"' k have been
liament of Ireland shall be disabled from, and being , s n
-e"lifirta. From tl
capable of being elected, or sitting and voting in . a
Liaelislable situ
the House of Commons of any Parliament of the ,
pe°llle of Clan
United Kingdom." I cannot agree with the Learned ' (No.
00.)....A
Counsel's construction of this section. Then the theys, intimidated
material question arises, and we are called on to say
°"initnidation.
that Mr. O'Connell is not capable of heingelected, and the
ntws ,
this incapacity arises from his declaring that be never k prospect of
s there is ri
will tak resents[oahs required bylaw. Some little dif- rasika,
ficulty p itself as to the precise words used by i reformet
rap that I do
Mr. O'Connell ; but I shall give the argument on
a radical
the broadest grounds, and I will take it, that at the be as;
---41 that the'
time of his making the declaration, it was Mr. ....4,
O'Connell's determination not to take a certain too sby the II:
noble. and 1
oath; now we are to see whether he, being in that such
feelin t
situation, is capable of being elected. They ,have solo_ g's
referred to the case of a minor, in which notice was the "la entere
freeLders ,
given, and by the Statute Law, a minor is not only scenes which I
incapable of voting and sitting, butof being elected, ' are these imuts
and that is:clearly laid down in the 7th and Bth sec- they p
occasio
tion of. the 10th and 11th of Wm. 111. Now I. n
which y
H nutober of th
ou art
shall see what Statute effects a Catholic in sus,
•
jure; the 30th of Charles H. is the Act relied on : I,aeave ,_ard in las
- --
but neither it, roc any. other Statute which has been h
-1 the blood
offered to me, declares that a Roman Catholic .
axis you, Sir,
cannot be elected. Has Mr. O'Connell done any Not
one. If
act up to the present moment to preclude him from . T
. must have het
sitting or voting ? None, by any Statute in which that ,
-- tnere has t
disqualification is declared. And now, since and
yet we w
much has been said on the point, I will give my
50,000, a
60,000
opinion as a lawyer, that Mr. O'Connell never
who had col
can be permitted to sit or vote in the House of sought it like ar,
Commons, unless he takes the oaths prescribed by obtain it. mil
the 30th of Charles 11. Though that is my opinion, ' example! It s
the Sheriff cannot take upon. himself to do that the propriet of
which is neither authorised by the Common Law Wee
Wasyths
nor the Statute Law. There is nothing against a its tranquillity
Roman Catholic sitting in Parliament, but there is people? The
a test which he must take when there, and without peep to spiril
which the House of Commons will not recognise Pressing upoil
him : but he must be in the' House to take that most caused a
oath; he cannot take it until he is there; and have not
we a right to determine, a priori, that any individual tract /
dsin,oes this I
in a
"
will not take the oath, when the time in which be England l I 1
can take it is not yet arrived ?It remains only, then, a state of the
to be determined what course the High Sheriff of service of dar
this county ought to pursue if we were sitting at an to give. their
election in England, where an officer has the power are often the
to make a double return. If we had the power, I elections. Lot
would advise the High Sheriff to give one return for of Clare. Se(
Mr. O'Connell and another for Mr. Fitzgerald; but been in all tha
that course is not open to a Sheriff in Ireland, and o- fr
ence 'to the T
we are not permitted to make a double return to ward like men
the King's writ. We must selecs between one can- and it has bee
didate and another and if Mr. O'Connell shall have, ouch a
cause.
at the close of the poll, a majority of -qualified been the meat
votes, I will advise the Sheriff to declare him duly ae.,, been said t
elected. But in this novel situation, I - will advise i
- would gladly
the Sheriff to state, on the face of his return to the Assessor, and
writ, that after having:given notice to the freeholders, Judgment was
two candidates were proposed, Mr. V. Fitzgerald; a net yet touches
.Proteitant, and 'Mr. O'Connell, a Catholic; and e
rarpose of sati
that the latter announced that he was a Catholic; and vletion that I
further, that a Protest against his return was lodged in the Hous
by a certain number of freeholders; but that Mr. , oily penalty ‘
O'Connell had a majority of qualified freeholders at Statute of C
the termination, of the poll. What responsibility , tngland and
the gentleman thus elected may incur for, in tne thee Act for
words of the Act, presuming to appear in the House , imposed on u
of Commons without taking the oaths, is beyond my however, eta(
office to inquire. I have now given my opinion on and e
,„. thus the I
this novel and important case; no man s judgment Catholics.
is free from error, and mine is liable, as well as that acid
les_ T
.11 ' se
of others; but I have given it, fearless of conse- until the: 1 Unit
quen , ces to the best of my conviction and reason.— the Uited r
(On the conclusion of this address, Mr. Keating was then n
cr
much applauded, and several of the freeholders at Accreated Wh op,
both sides complimented him on the impartiality of di
--rests the oa'tl
his judgment.) rains no disab
Polling went on languidly during the entire day ; never be im lil
but it was not until a late hour that the termination but
there p
here must
.of the contest was announced. Instructions had I hr'ng the
been given to clear the town of the freeholders who I
g;,ve to the I
had voted, and preparations had been made to bring a n sew penal
I
up the unpolled on Monday. It appeared, however, said that no
at six o'clock, that Mr. Fitzgerald's friends were Ilion the Thirt
completely exhausted; and, to the surprise of the the
Right Ho
crowd, who thronged, as usual, to hear the speech- Catholiccs fron
ings at the hustings, it was declared that the elec- of the Treaty
tion was over,, and that . Mr. O'Connell was duly speak of the g
elected. This news occasioned a burst of Applause,
serve the rigb
which communicated to the multitude outside, and d Treaty of Lin
the whole town rang with acclamations. Mr. V. and ifthe Pa
Fitzgerald and his friends, including Sir Edward Act, they hit
O'Brien, and a great portion of the landed respects- ails
''s and ou
bility, appeared for the only time since the first day fe,
s-heers.)—l
of the election, and the High Sheriff, also under the is
4 ea msure
same circumstances, took the Chair. Mr. O'Con- fast
acts wiii
nell was accompanied by Mr. O'Gorman Mahon, 0 In
- 1782, It
chieftain-like fine young man, with •his green scarf, hawing the
and by his seconder, and several other gentlemen of right she she
station in the county. Mr. Fitzgerald, notwithstan STal it is rigl
ding, looked in the best temper, and spoke to his of
Ortunen
friends about him like one unmortified by defea't. unit uoi,';" the wle
The lima SHERIFF announced the gross poll to
fiS, ner comin
be--for Mr. O'Connell, 2,057 ; and for Mr. Fitz-
-4.4 ri
gerald,
.982 ; and declared that Daniel O'Connell, kia
shsis Catholic,
Eso. was therefore duly elected as a Knight to re-
t4Parental I
present tile county in Parliament. This announces
,sit,reot
quo
t of Rill
ment was received with the usual overwiseltielog tia
--
marks of approbation, amid which tle E
pit. boon t
Mr. O'CoNNaLT. addressed the meeting—ls it plstian col
the ordinary phraseology on an occasion of this de- , idrliament a
scription—if an occasion of this description be a tide to any
matter of ordinary occurrence—to say, that the feel- ie, sacrifice
that language
ings are too great for utterance,
. and
lik the one
is unable to describe the emotions of the mind. If ho s .
~.s
I were alone perionally concerned in this electian, Pp 7 practice
such a form of expression might answer; but I con! th
s Speaker
fees my total inadequacy t se toaake it
to give breath to whatsoii
t would t
feel, whoa I recollect that I stand here the Repro- , kit a
seetative of the county of Clare, not from any per', in pa
sonal merit alone, but because I represent the great b.:4-. li men
cause of the people of Iteland.—(Cheers.)—l have oasst,S. who w,
lono. been the virtual Representative of my Country' 11 (Hee
"re the li;
me75.....0f their wrongs, their woes, and their hopes ; ,
4nti that higt
but now for the first tune it is allowed me to call my' less t
'ire ardent!
seifyouraetualßepresentative.--(Cheers.)—lflhef freers
spent the greater part of my life, and devoted a great 'natl.: oftt
portion of valuable pipperty to your eaose, I OW4 that 0._to the
.
lam now richly rewarded,. because I feel that I *hal ......"s,t2_oreistit ]
be of benefit to my afflicted country. (Cheers.) of (Cheers.)
ers.)
This first expression of sentiment being past over, , Ur
its
ab 'veil(
allow me to return to ordinary topics; and the firs . o s roigatic
thing I hare to do is an act of justice to my Right 0: yisir iame
Hon. opponent. I declare it solemnly, that theri otlqt
at; unju
mixed no personal feeling in my essertion of what 1.
lords P4ce
deemed a public cause; and if' in the beginning 0 it
_ahere al
the contest Ole'? was any thing which felt harsh to Thee better
v
his ear, I wish it were forgotten. And when I 10.1'.
d y
back, from my heart I desire to see it expunge . v,
mare Irii
(Hear, bear.) As to his qualities as a private ge;:e '
4,.5.D,
their
are
tleman, as to his claims to your county, which
e. '
teatsna ir,ONVE
had four times represented, he is stainless and irr a
Ear nt s b
proachable ; and if I differ from him, it is only as t will
elinaa
public man, and because my conscience and du. Yr,: l_u ga, an(
compelled me to oppose him. I wish I could blot
..se.—(C
out whatever of harshness was connected with this :!11.e.ction 0
contest. 1 wish I could pour Lethean waters roe!, 1011 gof tl
7- the Ma
the slightest unkindness which took place. I will . g

aif not now enter into one particle of public subjects
on 104
. _,
,nti ' n.„„ ;um we differ; and I arrive at that deter-
wt.. iation the more readily, because I begin and end
lto .on acceding my ready assent to the sentiments of
' ersanal regard which the Right Hon. Gentleman's
use tfhrialds express and entertain for him. I have to
b„, you, Mr. High Sheriff, for the manner in
chid ,sw--, this election has been conducted, and lam
ay uound bear .
;aid ear,. to my willing testimony to the impar-
hot iv you have observed. Of your Learned A 5......
...... sessot
,ent 10 lam unwilling to speak. I have known him
1-. 11-44 respect his qualities. I have seen him pur-
tue 3111tIo
' h 'l5 the track of professional independence, ho-
ur : "ntble and fearless, beloved by his friends, un-
sena- .
_to:
. -,' many toY own excellent Counsel, the associates of
calumny, and respected by all. (Cheers.)
eiav: „.,--al 4 struggle, my heart is overflowing with wo-
I
edeliclYin promoting
-not- e.'"an-s Weakness, not only
intoytihnetmer,esbtustntno allth i‘svhooeaenre.
'to , *lon. To my manly friend near me, who did me the
'd°•ni, honoUr of proposing me, I cannot express how much
il ' I ant indebted; and I feel how much I owe the gem-
ng tle
)a r. • innn . who has given me the opportunity of saying
;in, that, I have been seconded by a person of a different
ra tpioa. From them I turn tothose who placed me in
the pla enviable situation. Oh, what shall I say to the
• people of Clare ! Were they bought by me ?
ned
the °, no.)--A world would not buy them. Were
say theyf intimidated by me ? oh, no; I have no means
and (t)hinthnidation. Were they seduced by me, or by
.ver k, Prospect of my elevation ? oh, no ; they well
dif- ra-pv there is nothing to be had at the hand of a
I b
on y na,b'eali,reformer.—(Cheers and laughing.)—And
- that I do stand on this indenture, I declare
the be myself a
radical re _
•former.—(Great cheers.)—lt may
Mr. said that they were swayed by improper motives
taro t2ot by the Right Hon. Gentleman, for he is of
that swueh
noble and generous a nature to be affected by
'eve who ~..- l
feelino-s • but there are individuals near him
was th„ not entertain them. But of those who accuse
- freeholders of Clare, and who have not seen the
only seen
ted, , are
ales Which I have, I will ask, on what grounds
sec- th these imputations founded? What necessity did
1 --eY occasion for the strong force of police with
‘7 ' which you are surrounded, and for the large
4"
number •of that brave army which were never
on :
- backward in battle, nor ever stained themselves
teen by the blood •of their fellow-countrymen ? I
'oho ask you, Sir, has a single rioter been here ?
any Not one. If such a circumstance had occurred,
50.
enht
^ trust have heard of it; but I believe it is a fact,
h.l that there has been no breach of the public peace,
,inmce
and yet we were witness of 30,000 people, nay,•
every ssooo 60,000 people, assembled in our streets,
~who had a constitutional right to ask, and who
eo. sought • .
lie y obf •
. it like men determined, constitutionally, to
, agl it. This is a great public and meritorious
1, exa„, , a
that the'uple I It speaks trumpet-tongued to England
Law iandPropriety of ameliorating the condition of Ire-
-Ist a its_ Was there ever a scene mere Impressive in
re is tranquillity than the peaceable demeanour of the
hout permit
people ? They talk of our peasantry, and their pro-
t. •„ Yto spirituous liquors. Here the weather was
-Nat PressingTh upon them, and an excitement which al-
have n." 071 caused a necessity for drink, yet there was
uala man in a state of intoxication. What a con-
idt.,tract does this election present to some of those in
1 lie flearid I
I have seen the freeholders there in
the n, a
iff of se state of the most violent disorder, making it a
service of danger to those who came forward
at an
to give their votes. Intoxication and brutality
ower are often the characteristics of their contested
Per I •
,n ior, elections. Look at this election for the county
of Clare. See how pure and spotless it has
but been in all that can be distasteful to man, or give
• and offence -to the Majesty of God. We have come for-
rn to
Ward like men who had a religious object in view,
can' and it has been conducted with a spirit worthy of
have, auelt a cause. Such is the election, and such have
lified been the means taken to secure it.—(Cheers.) It
duly has been said that lam disqualified to take my seat.
deism I - would gladly argue the question before the Learned
) the Assessor, and I think I would convince him that his
lders, judgment was not matured. This is a point I have
ald, r: net yet touched on, and I only allude to it for:the
and Purpose of satisfying you. It is my thorough con-
and vtetion that lam entitled to sit, speak, and vote
xlged,r la the House of Commons, without incurring
M. any penalty whatever. My argument is that the
ors at
ibility Statute of Charles the Second was made for
thgland and the English Parliament only. Ano-
r± the ;her Act for Ireland was passed; there it was
louse In'Posed on us—but it was never law. It was,
id my however, embodied in 1782, by a partial Statute,
3n on and thus the House was closed legally against the
anent vat,. ..
owes. The former was the Statute of William
s that and iviary
so often alluded to. Thus they stood
:once- until the 'Union, and neither Act was operative in
on.— h
fieenUnited Parliament. A new Parliament was
g was :
created, and there is no Act but the Ursion
lers atf
~• et which operates on that United Parliament. It
lit of ° t l'ects the oath, but it enacts no penalty, and ascer-
a'a no disabilities, and penalty and disability can
day ; never be implied. lam also told that lam indictable.
:atbioadn I)ilibf
give
must be another Act to exclude me; and
/ -ring on the Catholic uestion in a new shape, and
a who ' ewe to the House of Commons the dishonour of
bring
at
new penal Act for my single exclusion. When
Never' I said that no Catholic sat in Parliament since Wil-
-1 were liars the Third, lam aware of the concurrence of
of the the lii ht Hon. Gentleman. The exclusion of the
peech- ft
-atholts from Parliament was a perfidious breach
e elec- of the Treaty of Limerick. The first article did net
s duly 'Teak of the garrison alone, but it professed to pie-
Plause BerVe the rights of the Catholics of all Ireland. The
!„.' and Treaty of Limerick was violated by one Parliament,
'''''' ''' and if the Parliament at present pass another Penal
:dward Act,vii they will violate it again, they will commit a
ipecta-
outrageous perfidy on the people.—
st day (ee and (Cheers
.)_I speak not of the Union, because it
tea measure I do not admire ; and one of my
ir
Co the►n- ttst acts will be to seek a repeal of that Union.
hon, a In
, ,--- 1782, Ireland proclaimed her independence,
% scam l•laVing the same King with England, and it is
men of ti 1,
t"t she should have her own House of Peers;
thstan-
4Tal it is right she should have her own House
to his
(),,th, Commons ; and it is right she should
'pat. 011 to Zte the whole body of Protestants and Catholics
, f',. her common strength and honour. It is my de-
% Fitic a'he to see revered that Constitution of Protestant
°rine' -41 Catholic, and to give Ireland a national, salutary,
to re-,
;ft-parental legislature. Such are my. views; but
t} great question which takes rue to Parliament is
d ,_
fh tof Religious Liberty. I would scorn to take
ft't boon to myself and not extend it to every
lististian community. Am Ito go to the door of
ii o..4liarnent and stain my lips with perjury P I don't
T tlgile_ to any person who has taken the oath that
0 Sacrifice of the Mass and the Invocation of
'lilts is idolatrous ; but I cannot do so, because I
book the one a great a [perjurer.
tell
is sacrifice, and the ether a
;LL'll.l) Sppraeeatkieeer.
ofltt'tile taHkOelltsheatoofatbC"°lMalnm°Ds may
, e to'take it, and to swallow that oath, b t if I do
-4? it would be to my eternalidanmation. Mustu I com-
mit.hi, a perjury, and damn myself in order to sit
laf arliament ? Sir I declare I never
knew any
ZIY who would defend the necessity of takingthat
u s-tn•—(l-rear, hear, from Mr. Fitzgerald.) lam
r.,e the Right Hon. Gentleman will not defend it;
arid that there is not a man in the kingdom who
00,
,-e ardently desires to see it excluded from the
gis of the House. Soon may the sacrifice be
bade to the congregated liberality of the world, and
e Constitution freed from that vile stain upon it
-"at (Cheers.) Have I not a right, with the return
it the freeholders of the county of Clare, to ask for
4 abrogation in my favour ? Is it not time to call
act' Parliament to act otherwise than it has so long
"n 4 so unjustly done ?—(Cheers.) It may appear
MO pla,ce if I were to say any thing to the land-
/7'4 here assembled with respect to their threats.—
It be vain to expect kindness from them, but I
,Judge better of them than they do of themselves.—
They are Irish Gentlemen, and they will recollect that
Irishmen are gay and happy, but not cruel. Every smile
4f their own sweet children will remind them of the
/easant's babes, and the embrace of the chaste
hatron will tell them that the peasant has also his
tiings, and they will not violate the security'of his
inise•—(Cheers.)— I leave them to the better re-
Lvilection of their own high sentiments, and to the
406 ling of their reflections.—(Cheers.)—The power
1 the Magistrate can be no longer abused, The

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