The Sun.
London, England, 1828-07-14 00:00:00

SUNDAY PAPERS.

(Flto3l Tx..E:be.)
'CUE CASE 01 DANIEL 'OCONNELL AND THE CONFUSION OF

THE LAW.

" Chaos is come again !"

We have arrived at the lle plus ultra of legal ab-
surdity; and have gone on piling one Law on an-
other; repealing in part, or in the whole ; or enact-
ing in the same degree; at one time for England
only; then for Ireland only ; now in the character
of one State—separate and independent; then in
the name of en other, in the like manner ; and follow-
ing them in the united name of both or of two-thirds of
the State ; and these in the name of the whole three,
until the dependency and relation qf Statute on Sta-
tute have rather been presumed than digested and
studied with each fresh addition to the multifarious
code. The cunning of Law sometimes overshoots
its purposes; the craft of one intolerant is amended
by the superior and more intense bigotry of another,
and the game is followed up until, as in a patched
garment, you can neither trace the original form or
colour. The .sth of Elizabeth calls for the oaths of
supremacy, &c., to be taken by Members of Par-
liament, under penalties stoutly set forth ; and
making the non-performance of them as a vacation of
the seat obtained. The Pope-denouncing Charles
IL:added the Declaration against Transubstantiation.
But these Acts do not relate to Ireland, except so
far as they are referred to in the Act of Union. '1 he
3d of William and Mary, to the same general intent,
relates exclusively to Ireland, and to the Irish Parlia-
ment. The 6th of George I. was repealed. The Re-
peal recognised the independence of Ireland; and
hence the act ofGeo.l. was considered as null and void.
Next in succession are the 21st and 22d of George
of the Irish Parliament, called Yelverton's Act;
the 33d of George 111., and the 39th and 40th of
George 111. (the Act of Union), and on the con-
struction of which the question of Mr. O'Connell's
power to sit in the House will, as it is said, depend.
The Act of Union of England and Scotland directs
that persons not taking the oaths thereby prescribed,
shall be subject to the same penalties and disabilities
as are imposed by the Statute prescribing them ; but
there is no such provision in the Act for the Union
of England and Ireland. There is the llst of
George 111., which recapitulates former disabilities
in a summary sort of way ; but not distinctively.—
It is assumed, in relation to these scattered materials
of law, that (the independence of Ireland being re-
cognized in 1782), at the time of passing Yelver-
ton's Act in 1781, 1782, there was no Act in force
which disqualified an Irish Catholic from being
elected, sitting, and voting in the Irish Parliament.
The provisions of Yelverton's Act relate to Ireland.
There are no Acts of the English Parliament taking
cognizance of the same objects as Yelverton's Act;
and therefore the said Act cannot give validity to any
English Act of Parliament which disabled the Ca-
tholics. There are references to " the oaths and
disabilities" in question; but they have a limited
range of application given by the terms used,
which does not admit, of an enlarged operation.
The act passed for the relief of the Irish Roman
Catholics states, that nothing therein shall enable
persons to sit in Parliament without taking the
oaths, &c. ; but this is a mere negative, which leaves
the law on that point as it stood before. The Act
of the 39th and 40th George 111. enjoined the oaths,
&c., but attached no penalties on non-compliance ;
and it is conceived that in an extreme and severe
Act, penalties cannot be enacted by implication.
The result of this legal research seems to he that
Mr. O'Connell's refusal to take the oaths can only
be made a subject of indictment, on the resolution of
the Rouse; and here a thousand obstructions may be
formed, and the matter fenced off ad bnitunz. The
last Act applying to the subject is the 41st George
111. but it disables a Catholic from sitting for any
place in Great Britain. It likewise says that per-
sons disabled from sitting in the Irish Parliament
shall be disabled from sitting in the United Parlia-
ment. There is another clause which would attach
at once, if there were any Act of the English, Irish,
or United Parliament that prevented Mr. O'Connell
from sitting for any place in Ireland; but this is
not the case. In reference to the Indemnity Act, it
appears that in 1819 Mr. Croker, in a speech of
great length, held that if any member should in/en-
/jaw/hi do that which was sometimes done uninten-
tionally (viz. sit and Tote without taking the oaths),
and actions relating to the same were not prosecuted
to a final judgment before the passing of the Indem-
nity Bill,—that such persons would be fully re-
capacitated ; making all their illegal actions legal,
--according to the intent and words of the Act;),'
From all that we learn from this chaotic jumble of
the Statutes,—the affair of Mr. O'Connell is in the
hands of the same nuzjority that voted (substantially)
for Emancipation. In addition to the array of Law
set forth by Mr. Butler ; and that too before Mr.
O'Connell's election was dreamt of—a writer in an
evening paper has lugged forth a clause in the 30th
of Charles 11. which gives a discretionary power to
the House, as often as it shall " see occasion" to
call up to the table any or all of its members; and
administer the oaths, &c. This leaves the matter,
however, in the same state : viz. at the worst, in the
will of the House of Commons. The great terror
of this new stumbling block in the way of the Ultra
Tories is, that Mr. O'Connell will in all human pro-
bability, enter the House of commons and take his
seat; and that it must rest with the majorities of
that House to place a construction on the Statutes
which affect his presence there; and supply the light
which the denseness and complexity of Law have
shut out from common eyes. " There is more terror
in this fact, than in a thousand swords ;" because if
it come to a mere disputed point, on which men will
judge differently,—all the Tories in Christendom
will never be aisle to carry a new law, that shall re-
place the arbitrary power of the Church in a mo-
nopoly of Christian qualifications for the post of an
honest man. Supposing the post to be thus gained ;
and that a proscribed race of our fellow-citizens shall
advance edgeways as it were, into the exercise of
their rights and privileges as men ;—it could no
longer be contended—supposing the old barrier to
remain good against the Catholic Peerage, or that
the majority of the upper House were able to wield
a different power--that a Catholic commoner
should enjoy a privilege which was denied
to a Catholic Peer. In this view of the case,
the Catholics are already - emancipated. It will
he a happy thing if this, sudden turn in Catholic
fortunes, should spare the Duke (2f Wellington
the invidious trouble of sonic fractional measure for
putting the question at rest ; or—the million of armed
men that Ireland would send into the field to receive
L')eaneipation, either—from the sword of justice,
without the exercise of power; or the word of power,
without the exercise of justice, might be deadly to
his repose. The Tories ought really to be congra-
tulating one another; if the thing he Azle without
their fame and character being stained in the pro-
gress. They were fairly brought to a non plus ; the
Duke himself admitting that the question could not
stand still, nor go back. The Irish Priesthood have
been accused, time out of mind, of politically exer-
cising their power over their flocks ; and hence all
the discontent of Ireland ; and the obstructions
thrown in the way of Government. But we have
now an open and avowed interference of the Priests;
and we see what their power is ;—a sufficient proof
that the presence of that power cannot be traced in
minor bye-gone events. By this power (as may be
seen in the events of the week), all the ordinary re-
lations of society can be changed; why then should
' A few years ago Earl Gower's seat was vacated : on
account of his taking his seat and voting before he took
the oathe.

it be walitouly provoked ? If Ireland should rise
in rebellion, the Priests will find the level of their
influence ; and so will the Government of the Lord
Lieutenancy. Ministers have had warnings suffi-
cient ; it is perhaps well for them, that an accidental
diversion of the national mind from its bent course,
has changed the aspect of the future. The Duke of
Wellington—who must be a bit of a Liberal,—if
enly in working Liberalism up as an alloy to the
minor metal of the Tories,—had better have left that
Emancipationist, Mr. V. Fitzgerald, alone and un-
employed. The very object for which he was re-
tained, has not only been suddenly subverted,
but his appearance in Ireland, as the ally of the
Wellington Cabinet, has raised a storm about his
ears which may spread and expand itself until
it threatens the Throne of the United Empire.
We cannot help noticing without some slight degree
of ridicule and contempt, the advice which has always
been given to the Catholics by the adherents of the
Minister of the day. No matter who he .
ther Mr. Pitt or Lord Liverpool—Mr. Canning or
the Duke of Wellington—whether one speaking for
Emancipation or one voting against it—the gist of
the advice is ever—" Good manners and delay"—
" Wait patiently and behave yourselves
" You Catholic Association disperse yourselves;quiet "
and let me hear no more of you ; O'Connell, go you
to your briefs; and Shed, to the cold bath.—Priests,
let politics alone; mind the sick and infirm ; and
compose sermons, recommending- small beer and si-
lence to your flocks. Peers, and Orators all, rein in
your energies, and turn your hands to something
else," &c. &c. This is the sagacious mode ever re-
commended to the Irish Catholics as a trial, that
could do no harm ; time, and the disuse of all agita-
tion, were to work them out of their political purga-
tory; and when " experience" shall have proved
how worthy they are, and that their sincerity can be
no longer doubted—the Noble Duke will " reconsi-
der Me subject." Now if this course were adopted,
and the parties were, after the ordeal of some years,
to once more bring forward the subject of their
grievances—the Noble Duke would no doubt an-
swer them as others have been answered before—
" What ! you surely can have no complaint* or
grievances; this must all be the plea of some sinister
agitators; we have heard(!lno wrongs where there
are any that are felt, there are applications for re-
dress ; where there is any tangible evil, there are the
anxiety and wish for its removal. Return to the
peace and tranquility which bad men are endeavour-
ing to destroy ; and who only seek to make you the
tools of their ambition," &c. The condensed state
of the argument is this : " Catholics; become base
and degraded ; and patient under insult and oppro-
brium ; and we will treat you us virtuous awl wisc
people; become weak from degeneracy and contempt,
and we will respect you as strong : become hypo-
crita7, and we will esteem you as pure Christians :
become dolts and cowards, and we will treat you as
men and heroes. Become enamoured of slavery, and
we will meet your sincere desire to be free. § The
effect which such sapient counsel would have en the
minds of reflecting men might have been foreseen.
'We much question whether the Duke himself can
now sleep on it. A state of things has developed
itself in the sister country which is no longer reme-
diable by the old quack applications. Something
of an alterative must now he administered—whe-
ther in the shape of conciliation or coercion, will
soon be learnt.

(THE SUNDAY lIERAI.D.)

Our readers, we arc sure, and, indeed, every
friend of charity and education, must feel the highest
gratification on perusing the account of the Quar-
terly Meeting of the Friendly Society of Licensed
Victuallers on Monday last. From that report it
will be seen that the success which has attended the
enlargement of the Morning Advertiser and Sunday
Herald is great beyond all antic►pation. The former
now circulates nearly one hundred thousand more
copies per annum than it did previously to its enlarge-
►nent ; while the latter exceeds twenty-six thousand.
Were these papers conducted on a purely com-
mercial basis, we should not perhaps deem it ne-
cessary to say one word on this subject ; but while
the greater portion of the large profits arising from
the publication of the Morning Advertiser are de-
voted to the relief of the old and the helpless, those
accruing from the Sunday Herald are exclusively de-
voted to the maintenance and education of orphans
and others, who but for the spirit, the entecprize,
and the benevolent liberality of the Licensed Vic-
tuallers, might otherwise be left to endure all
the miseries of want, and be deprived of that best
of all blessings—a moral and religious education.
To the friends who have aided us in the promotion
of this good cause, and especially to the gentlemen
who have enriched our columns w►tl► so many valu-
able literary and antiquarian articles—for we have re-
ceived much valuable assistance—we owe our best
thanks ; and to those who have been pleased to
patronize our labours, it must be a source of great
gratification to be informed that they have, at the
same time, been adding to the comfort and dimi-
nishing the miseries of no inconsiderable portion of
their fellow-creatures. "As the bread which is
cast upon the waters, is, sometimes found after many
days," so may their encouragement of the work of
charity and education be returned unto them an hun-
dred-fold

We agree with many of our contemporaries, that the
power exhibited by the Catholic Priesthood in the late con-
test for Clare, is terrific and dangerous to the Government.
But who or what is it that has (unintentionally we admit)
conferred that degree of power upon them ?_—thc misrule
qf England. Were it not for the impolicy of our Govern..
ment, as it respects Ireland, the Catholic Priest would have
no more influence over his flock in secular matters than has
the same description of person in Holland, Prussia, or in
the several parts of Germany. It is only in Ireland, where
an exclusive system prevails, that the Priest possesses a
power exceeding that of the Popes of ancient times.
t This was the plea of Mr. Peel against the Repeal of
the Test and Corporation Acts ; there had not, for a num-
ber of years, being only so ninny petitions!
§ An intelligent correspondent in The Morning Herald
of Friday, in reference to this subject, says—" Will you
allow me, through the medium of your columns, to ask
your correspondent Britannicus (who, in his letter, so
wramly deprecates the " agitation" of the Irish), what the
English Catholics have gained by quiet, peaceable, and
loyal conduct ? Has the absence of " agitation" in the
body of the Catholics of England been productive of any
benefit to them ? 'Has the unvaried tone of loyalty and mo-
deration that pervades the meetings of that body, and the
writings and speeches of the individuals composing it, done
so very much for it? I can tell Britannicus, Sir, what all
this tranquillity has done for the Catholics of England.
When they petitioned for the elective franchise an" the
other privileges enjoyed by the Catholics of Ireland, from
which they are debarred by law, their petition was hardly
listened to, it was summarily dismissed from the consi-
deration of both Houses of Parliament. Sir, this fact
speaks volumes."

CARRIER PIGEONs.--Filly-six of these
birds, brought to .London from Liege, were started last
week, in the neighbourhood of Aldersgate-street, at thirty-
four minutes past four o'clock in the morning. One of
them, called Napoleon, reached its destination (a distance
of about three hundred miles) at twenty-four minutes past
ten o'clock the same slay, haring. thus accomplished its task
in five hours and fifty ?ninutcs. The Others followed in
succession, and most of them reached Liege at noon.

A NEW LIGIIT.—A modern /armor/it has
,
lately started up in this neighbourhood
week, at i'
urhood ; he made his first
eS.'"IV in his new character on Sundayr
ernaani,
iteharreen'
tillitichsisfarouldn itohreyntclid. W 0 were, however sorrynot treat him with all that urbane
attention his sacred office deserved—they were impatient
at the length of time he took up in selecting, spelling, and
expounding his text. He endeavoured to explain the
circumstance attending his " call" to the divine mission
that while sitting operating on his lapstone (being a son
of St. Cnisri4), a ray of heavenly light perched upon his
n in which was depictured, in golden characters,
‘ ooi
forth and preach." Being satisfied that it was a
c
and from Heaven that he should do so, he imme-
diately laid by his "all" for that purpose, and went forth
to preach the word of GOD to the people, whose ingratitude
(before alluded to) was apparent on his first essay, and one
more irreligious and daring than the rest, exclaimed from
Hell, Hull, and Farringdon '6 Good Lord deliver us !"--
Berks Chronicle.

SECOND EDITION.
SUN OFFICE, Seven o'Clock.

IMPERIAL PARLIAMENT

(THIS EVENING.)

HOUSE OF LORDS.

The Bankruptcy Laws Amendment Bill and the
Charing Cross Improvement Bill went through a
Committee.
The Militia Bill and the Insolvent Debtor's Bill,

(India) were read a second time.
Lord GODERICH gave notice that on Thursday
next he would move the second reading of the Cor-
Funds Bill.

STATE OF PORTUGAL.
Lord HOLLAND, seeing the Noble Duke at
the head of the Goveinment in his piece, rose to
ask whether it was in the intention of his Majesty's
Government, in the conrse of this Session, to ask
for any vote of credit, or to take any other
Parliamentary measure, through which to convey to
this House and the country at large, what the rela-
tions were of this country with respect to the two
other great contracting Powers, Russia and France,
and also what the relations of this country were with re-
spect to its ancient ally, Portugal. In asking this he was
not actuated by any vain desire or any improper motive
of prying unnecessarily into the councils of his Ma-
jesty, but he put the question for his personal con-
venience as well as the convenience of the House ;
because if he found that his Majesty's Ministers had
no such intention, he should feel it his duty to re-
quire from his Majesty's Government, in a more
specific shape, Parliamentary information on these
points.
The Duke of WELLINGTON considered his
only reply was, that there WAS no intention on the
part of his Majesty's Ministers to ask for a vote of
credit on the part of the country ; nor was
it his intention to adopt, nor did he contemplate,
any other Parliamentary course calculated to
give him an opportunity of entering snore fully into
the of foreign policy of the country to which the
Noble Lord had alluded.

Lord HOLLAND, not a little disappointed at
this answer, should propose to move on a very
early day for information on these subjects, and
should consider it a great favour to be permitted to
give notice of his motion for Wednesday next. The
louse was accordingly ordered to be summoned for
Wednesday next.
The Mar►luis of LANSDOWNE said it was
his intention to lay before the Mouse to-morrow,
a copy of the lease granted under the Cown, of
the Manor of Eltham, with a view of drawing
their Lordships' attention to the loss they were
about to sustain.

The Duke of WELLINGTON presented a peti-
tion from Carlisle against Slavery.
Lord CALTIIOItPE postponed his notice of
motion for to-morrow, on the subject of Slavery
till Friday next.
The Noble Lord presented petitions for the abo-
lition of Slavery from Sudbury, Loughborough, and
various other parts.
The House adjourned at Half-past Five.