The Sun.
London, England, 1844-03-30 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, March 29.

Their Lordships sat to-day to hear appeals. The
Peers present were Lord Brougham, Lord Cottenham,
and Lord Campbell.

BYRON V. COOPER.

The arguments in this case were concluded to-clay,
and their Lordships postponed their judgment.
IRISH PRESBYTERIAN MARRIAGES.

THE QUEEN V. HILLIS. THE QUEEN V. CARROLL.

This case stood in the paper for final judgment to-
day at half-past four o'clock. It will be recollected
that some time since their Lordships stated their opi-
nions on the matter seriatim ; three of them being in
favour of the validity of the marriages, and three against
it. At the hour appointed the Lord Chancellor, Lord
Brougham, Lord Cottenham, Lord Campbell, and Lord
Camoys, were in attendance. Shortly before five o'clock
the Duke of Wellington entered, and after some con-
siderable consultation between the Lord Chancellor,
Lord Brougham, Lord Campbell, and Lord Cottenham,
•Lord BROUGHAM moved that the judgment of the
Court of Queen's Bench in Ireland, declaring the first
marriage illegal, should be reversed ; whereupon the
House divided, when there appeared, for the reversal, 2,
against it, 2 ; the effect of which will be that the judg-
ment below will stand, by which it was declared that
the first marriage was invalid.

The LORD CHANCELLOR took his seat on the Wool-
%la at Five o'Clock.
IRISH PRESBYTERIAN MARRIAGES.

The LORD CHANCELLOR said, as the opinion of
the House on the case of the Queen v. Millis and the
Queen v. Carroll had been such as to affirm the opinion
..f the Court below, he should move for the re-appoint-
ment of the Committee on the Irish Presbyterian Mar •
liege Law, with a viewto legislating upon it.
Lord CAMPBELL fully agreed that legislation upon
this subject was indispensable, for, according to the forms
of the House, the judgment of the Court below had been
affirmed. The judges had been equally divided in their
judgment, and when this equality existed, it was consi-
dered as a decision in the negative • but the law re-
ssained by such judgment in an unsettled state.

fiord COTTENHAIt could not agree in the opinion
just expressed, because the judgment which had been
given was, to all intents, a judgment of the House, and
that judgment of course asserted and settled what the
law was. He quite agreed in the propriety of having a
Committee to consider an alteration of the law.
The LORD CHANCELLOR said the decision which
luid been come to was, in fact, an affirmance of the deci-
sion of the Court below.

Lord BROUGHAM considered it was necessary to
Ihave a Committee, with a view to legislative interference,
trithoutdelay..

MESSAGE FROM THE COMMONS.

Messengers from the Commons brought up the Guild-
ford Branch Railway Bill, the Norwich and Brandon
Railway Bill, and another private Bill.
CRIMINAL LAW.

_Lord BROUGHAM said, that at the time he held the
great seal a Commission was appointed to inquire into
the state of the criminal law of this country. A report
had been published by that Commission, which report
constituted a digest of the whole criminal law of this
country. It did not extend to Scotland or Ireland, but
St was a code of criminal law in England, excluding
procedure. A code of criminal procedure was intended
to follow. He had, therefore, drawn up a short Bill
founded upon the report, and he now presented it to their
lordships, and prayed them to give it a first reading,
mid he hoped the Government would take the Bill into
their consideration, and give it the support it deserved.
Lord CAMPBELL said he felt some apprehension on
account of the somewhat irregular mode in which his
Noble and Learned Friend had introduced the Bill. He
certainly thought, when his Noble Friend rose, that he
intended to introduce the Bill on the part of the
Government. He (Lord Campbell) was extremely glad
that the Bill had been introduced ; and he would
have been glad to have heard his Noble
and Learned Friend say he introduced it on
the part of the Government, for he knew that the Bill
could never Le carried out unless it was zealously sup-
ported by the Government. It would appear, however,
that the Government had not yet even seen the Bill.
Tre hoped, however, that they would take it up, and that
this country would no longer be the only nation in
Europe without a criminal code.

Lord BROUGHAM could not allow his Noble and
Learned Friend to say that this was an irregular pro-
'ceeding. His Noble and Learned Friend forgot that
the report of the Commissioners on this subject was a
public one, and had been published fifteen months, and
had been in the possession of every Member of both
Houses of Parliament.

Lord CAMPBELL explained.
POOR-RATES (IRELAND.)
The Earl of CLARE presented a petition from
Limerick complaining of the mode of assessment for the
poor in that district. The Noble Earl presented also a
petition from Limerick praying for a Bill to improve the
sewerage and the arrangement of the streets in that city.
The Noble Earl presented also a petition for a tax upon
,absentees.

IRISH MAGISTRACY.
The Marquis of NORMANBY wished to call the
'attention of their Lordships to a recent appointment to
the magistracy in Ireland, to which his own
Attention was not called until this day. He
jested to the appointment of Mr. O'Brien as a
stipendiary magistrate, because only a few years ago he
was a violent Repealer. True, he might have altered
his opinions • and if this was done in a way to prove
It it had been done in sincerity, he certainly did not
ce,* that office should be barred against a gentleman.
Intention not to give any of the patronage of the Crown
in the direction of those persons who were declared and
known Repealers. And the fact was, that this gentle
man's reason fur abandoning repeal was such as to dis-
entitle him to any credit for his conduct; for, from his
extreme vehemence in the cause—from the lengths to
which he went in support of it, the heads of the Repeal
Tparty had refused any further co-operation with him.
his was the cause of his secession from repeal. He had
first abused all those who were against repeal, and then
an those who, like himself, had been in favour of it, but,
unlike himself, had been more discreet and decorous in
,their support of if. He should leave it to the Govern-
ment, now they were made acquainted with the character
and conduct of this gentleman, to correct an appointment
which they must feel was not a proper one. The return
he had moved for lately did not include this objection-
able appointment, and he should therefore move
that the return be completed to this day, with
the date of the last appointment made by the
government, of a stipendiary magistrate.
.The Marquis of CLANRICARDE said if the Noble
/40k1 who had just sat down thought that this matter
would be allowed to rest in the manner which the tenor
.of his speech indicated he was much mistaken. He (the
Marquis of Clanricarde) intended himself to submit,
safter notice, a direct motion to their Lordships, because
lie thought there was nothing of more importance than
'to have the administration of justice beyond suspicion in
Ireland. The passing over of so many gentlemen, who
had been eonnected with this particular branch, and who
bore the highest characters, and selecting Mr. O'Brien,
cauld not but tend to bring into contempt the adminis-
tsa,tion of justice. He stated those facts merely to show
that \when Government professed ignorance of the sub-
ject that it was only a reiteration of their old defence,
that they' never read the newspapers. Now all the Irish
newspapers teemed with this matter—but, strange to
tatty, the " Government paper" (if that word were allow-
able) had not taken the slightest notice of this appoint-
anent. Ile wished to say nothing disrespectful of Mr.
'O'Brien, but he trusted that the Government would find
some other situation for him besides one which would
;tend to injure the respect in which the administration of
justice should be held.
The Duke of WELLINGTON thought that the allu-
vs ion about reading the newspapers was unfounded 'and
baseless. He had never heard that Mr. O'Brien had
*been named in any prominent manner before. It would
:le much better, he thought, if notice had been given of
tthis motion by the Noble Lord opposite.
Lord BROUGHAM thought the best mode of putting
adown repeal was by promoting those who were the most
Solent in support of it. In the year 1834, a Right Hon.
G'entliman, who was then a Repealer, and who was one
oft, he tellers on a motion for repeal, was, instead of
being • persecuted for his opinions by the Government,
promo,ted to the office of Vice-President of the Board of
Trade, .and they had heard no word about repeal from
liim ai/Lso. When that appointment was made they
heard no' ,objection to it from anybody on account of the
Right Hos/. Gentleman's opinions. Now, no doubt the
4Governme nt had dealt in the same manner with Mr.
I'Erien. ..Ye had been appointed, doubtless, after giving
sip his untamable opinions, and he (Lord. Brougham)
Lai no doubt that many others would give up their
tqaa, lly unalterable opinions, if they had an equally
• reon for doing so. God knew tat any thing
strongas • to the dispensation of justice was ah serious mat-
ter , ant
relatink
anything relating to the management of the
trade of -,the realm was a serious matter ; but, still, if
the Goveri, 'meat thozught that persons were qualified for
those offices, they were right in appointing them.
The Marcri.....is of CLANRICARDE said, if Noble
ords opposite e,auld show that Mr. O'Brien was a fit
erson to be app.:a:wed, he should be contented to have
kiis motion negativ,
The Margins of -.N7
ORMANBY thought that the best
-anode of putting down repeal was by means of promo-
Rion, though the Governhient entirely forgot it when they
'superseded local magistrates, on account of their repeal
aoptnions.—(Cheers.) The _Noble Lord said that, when
:Mr. Sheil was appointed to th'e office of Vice-President
sof the Board of Trade, no one* complained of the ap-
)aointtnent. Why, did the Nobl,,.Lord forget the out-
cries ,that were made respecting its,, at what were called
ConseiTative gatherings, which took place about that
'time ?--(itlear, hear.) He (the Ma rquis of Normanby)
Could not conceive that any opposition'. would be made to
the motion, which he did not think w, to either unusual
br irregular.-6 Hear, and a laugh.)
Lord WHARNCLIFFE did not so muCil object to the
',lotion itself as to til,e irregular and uncou sous manner
in which it was brought forward.
The Earl of RIPON did not complain or the Noble
Alarqinis making the wotion, but he did c( of
the speech, which was very violent.—(Hear, I tear, and
tries of " No, no.") The gem`leman who was spec tking was
not alwtsys the best judge o' his own violence.- • --(Hear,
hear, and' a laugh.) The speech of the Noble larquis
v,as a bitter attack upon the t iovernment andm)on the
Noble Lord who was Lord Lieutenant of Ireland. It
-vas quite impossible that a GI wernment could vindicate
itself upo n such questions without notice. He. did not
t.bject to the motion, but to tb.e want of notice.
After es desultory ,lonversation, the motion was
geed to.