The Sun.
London, England, 1842-07-19 00:00:00

, LONDON, TUESDAY MORNING, JULY 19, 1842

other places, andhe found they were all well dressed persons, and
Sir Robert Peel used that as an argument respecting the dii-
tress of the country. Fancy a person going to London Bridge
to judge of the distress of the country.—( Hear.) He should
conclude with a resolution which he had prepared, to the effect,
that the meeting being deeply impressed with gratitude,felt it to
be its duty to thank the Association, of such towns, boroughs,
villages, &c., which had sent Delegates to the Conference, the
statements from whom had made a lasting impression on the
people of the metropolis, who had expressed their perfect con-
currence with them, that any law, calculated to prevent the
poor from obtaining food and raiment, ought to be repealed ;
and that they would use every exertion to obtain a restitution of
their rights, and to obtain the repeal of the Corn-laws, and
other laws calculated to injure the community. And the meet-
ing recommended that meetings be held night arid day, in
order that the state of the once called happy England might
be known.

have their jurisdiction iii the parts of the country with
which they were connected by irtli. or other
ties. He had borrowed part u: this Bill frwn
his oble and Learned Friend (Lard Cottenham),
frcirn whom he was never ashamed to lit, or borrow.—
(Hear, hear, and a laugh.) His Noble Eriehil prop-.)sed
to appoint fifty-two barristers as Judges of those Lociti
Courts. But he (the Lord Chancellor) had not stomach
to digest such a number.—(bear, and a laugh.) The
Noble and Learned Lord concluded by moving the
second reading of the Bankruptcy Bill.
Lord COTTENHAM was happy to find that the
principle of the Bankruptcy Bill now before the House
was the same as that of the Bill which he had had the
honour of laying upon the table. With respect to
County Courts, their jurisdiction was not foreign to the
Constitution, but inherent in it, both in principle and prac-
tice. What lie and his Noble Friend on the Woolsack
chiefly differed about, was the machinery by which their
views were to be carried into effect. He differed from
his Noble and Learned Friend on the Woolsack in
thinking that the Commissioners of Insolvency and the
tm
merchants of London were right in their ju eine,
when they prayed for the abolition of arrest in execu-
ion. It was found that, out of three thousand ni e hun-
dred and five cases of persons incarcerated for the non-
payment of their debts, dividends were paid onlyiin 199
cases ; and out of one thousand persons imprisomid, only
164 were remanded for the improper disposal of their
property. Of what use was their iinprisonmene ? He
had the authority of the creditors themselves, as ex-
pressed in the memorial addressed to his Noble and
Learned Friend on the Woolsack, that the imprisbninent
was ruinous to the debtor, and of no profit to the creditor.
He had introduced his Bankruptcy and Local Courts
Bills at an early period of the session, but he had re-
served the discussion for a more convenient time. His
Noble Friend's measures embraced a great part of his,
and his only objection to the measures of his Noble
Friend was, that they did not go far enough, and he
would feel it to be his duty to take the sense Of their
Lordships upon his own Bills. He was convinced that
the division of the country into six districts, including
the metropolitan, would not be sufficient ; and that
ten Commissioners in the five provincial districts
would not be able to discharge the business in
an adiquate manner. With respect to the mea-
sure proposed by his Noble and Learned Friend
for the amendment of the law relating to lunacies,
he was convinced that two Commissioners would not be
sufficient, even taking into account all the facilities of
travelling which railroads offered. With respect to the
County Courts 'Bill, he differed from his Noble and
Learned Friend in thinking that there ought to be fixed
and resident local jurisdictions, and upon this subject as
well as the others, it was his intention to press their
Lordships to a division. .
Lord BROUGHAM expressed his concurrence in
most of what had fallen from his Noble and Learned
Friend who had addressed the House. The County
Courts Bill, as far as it went, met with his entire appro-
bation. As to the Bankruptcy Bill, he did not think
that the extension of the Metropolitan jurisdiction, from
40 miles to 100, was greater than the improved facilities
of travelling warranted. The proposed alteration in the
law relating to lunacy, was a great improvement. He
was glad to . hear the Lord Chancellor say, that al-
though his mind was not made up to the abolition of
arrest in execution, he was disposed to give it a fair,
full, and (if he understood him right) a favourable
consideration. He had ten times introduced Bills
into the House for extending the jurisdictions of County
Courts to all actions of tort, wherein the damages were
no more than 501., whether they were laid for contract,
or assault, or seduction, or false imprisonment, or ma-
liciously holding to bail ; and he thought that the pre-
sent Bill would have no better fate than had attended
his.—(A laugh.) He complained that in none of the
three Bills now before their Lordships was there a
provision giving the power of appeal from the Local
Courts to the Judges of the Superior Courts. He con-
cluded by assuring their Lordships that he had not de-
parted from the opinions which he had formerly ex-
pressed on the subjects which these Bills embraced, but
he was; at the same time, pleased to find that the prin-
ciples of his own measures were so far carried out.

The Rev. Mr. Massie, of Salford, wished to inform the meet-
ing that, not only had the inhabitants of the borough which he
represented agreed to a requisition calling on their Members to
use every legislative means to prevent a prorogation of Parlia-
ment until the condition of the country was taken into con-
sideration, but the people of Salferd, on Saturday evening last,
having been convened by a requisition from the Borougbreeve,
after maturely considering what ought to be done in the present
state of the nation, came to a resolution, entreating their Mem-
ber, Mr. Brotherten, one of the must prudent and conscientious
men in the House of Commons, to join in a political
movement, which would relieve the country from its
present perillous crisis. The resolution was re-
eeived most enthusiastically by the inhabitants, both
of Manchester and of Salford. The condition of these
towns was most alarming. Manufacturers and shopkeepers
were dismissing their men ; and the trades of the towns and
neighbourhood were in a measure completely suspended. '1 he
consequence was that many gentlemen who had formerly pro-
fessed Conservative opinions now declared that nothing could
save the country but an extension of the suffrage to every adult.
—( Hear, hear.) He wished it to be known that thousands
and tens of thousands in the manufacturing districts were in a
state of lively apprehension of the results of dreadful desti-
tution of the people. They were now making a last appeal to
the sympathies or the prudence of the governing
classes ; and he believed that if that appeal were
made in vain, they would care no more either
to the Legislature or to individual Members.—( Hear, In-ar.)
The step which they now wished to be taken was that the
supplies should be stopped until Parliament had taken some
course which would meet the prevailing distress.
Mr. RAYNER, of Marylebone, bore testimony to the de-
cline of trade in the borough which he represented, and in the
metropolis generally. Many tradesmen had stated to him that
they had nothing, but difficulties to contend with ; that their
business was not half what it had previously been, and the little
business that was done was carried on ruinously fur all parties.
The meeting then adjourned till to-day.

IMPERIAL PARLIAMENT.
HOUSE OF LORDS, July 18.

The LORD CHANCELLOR took his seat on the Wool-
sack shortly after Five o'Clock.
Lord COT FENHAM presented a petition from
three individuals, praying their Lordships to abolish
the law of arrest in execution.

Lord BEAUMONT presented a petition from the
Guardians of the Easingw•old Union, for out-door
relief in certain cases.

Lord HATHERTON presented petitions from the
colliers in Lancashire, against restricting the age of
boys working in mines and col,ieries.
The Marquis of LONDONDERRY presented a
petition from the females employed in the mines and
collieries of the Earl of Elgin, in Fifeshire, com-
plaining of the provisions of the Mines and Collieries
Bill. The Noble Marquis stated that it was his in-
tention to give the House an opportunity of rejecting
the Bill.

The Marquis of LANSDOWNE presented peti-
tions from Lancashire and Yorkshire, also against
the Bill.

MEDICAL REFORM.

The NOBLE MARQUIS also presented a petition from
the members of various provincial Medical Societies,
praying the House not to agree to any renewal of the
charters of the Colleges of Surgeons and Physicians,
and the Apothecaries' Company, until the whole
subject of medical reform was inquired into.
Lord CAMPBELL presented a petition to the same
effect from the Edinburgh Medical Association.
MINES AND COLLIERIES.
Lord REDESDALE presented a petition from the
Carron Ironworks against Lord Ashley's Bill.
Lord BROUGHAM presented two petitions to the
same effect.

Lord WYNFORD could not allow the discussion to
close, without expressing his sense of the debt which
the country owed to his Noble and Learned Friend on
the Woolsack, for the great improvements which he had
proposed in the present state of the law.
Lord CAMPBELL was glad to see his Noble and
Learned Friend on the Woolsack bringing in a measure
for the alteration of the present system of bankrupt law,
than which nothing worse could be conceived, especially
as it was practised in the country districts. He could
not conceive why a man, not being a trader, should not
be allowed to avail himself of the bankrupt laws, as well
as a man who was a trader. The non-trader, when
he became insolvent, ' was not only liable to im-
prisonment, and to the surrender of all his pro-
perty, but then; even after all his suffering, he was
not a free man, as the trading. bankrupt was. What rea-
son was there for the distinction ? Ile therefore :strongly
objected to this I3itl, as it left untouched the distinction
between an honest debtor, who was insolvent, without
being in trade, and one that was in trade. He hoped his
Noble and Learned Friend would not press the Bill until
he had read and digested the Report of the Commis-
sioners of Inquiry on Bankruptcy and Insolvency, which
was on the table of the House. Ile greatly preferred
the proposition of his Noble Friend behind him (Lord
Cottenham) to have one judge resident in a district to
preside in the County Courts, to conduct inquisitions of
lunacy, and superintend commissions of bankruptcy, and
to carry out inquiries directed from the Court of Chan-
cery.
The LORD CHANCELLOR explained that the ob-
ject of his Bills was not to create new Commissions or
new Courts, but to modify those that existed. The cor-
respondence between his Bills and those of his Noble and
Learned Friend who preceded him on the Woolsack,
was occasioned by the fact, that. both were founded on
the Report of the Commissioners of Inquiry.
The Lunacy Bill, the Country Courts Bill, and the
Bankruptcy Courts Bill were then, severally, read a
second time, and ordered to be committed on Friday.
The Bills on the table were then advanced a stagv,
and the House adjourned at. Ten Minutes to Ten o'Clock

MECHANICS' INSTITUTIONS-INCOME-

TAX.

The NOBLE and LEARNED LORD presented also a
petition from Louth (Lincolnshire) Mechanics' Insti-
tution, praying that mechanics' institutions should be
exempted from the payment of the Income-tax, as
were scientific and literary institutions.
SIGNATURES OF PETITIONS.

The NOBLE and LEARNED LORD said that he had
tominitted to him for presentation a number of peti-
tions on the subject of the necessity for a proper edu-
cation of persons entrusted with the management of
locomotive engines. But in consequence of the peti-
tions being printed on one sheet of paper, and the
signatures written on a separate sheet, the rules of
the House did not allow him to present those petitions.

HOUSE OF COMMOA S, July 18.

The SPEAKER took the Chair at Four o'Clock.
The Earl of Devon's Estate Bill was read a third
time and passed.
TOBACCO REGULATiONS BILL.
Sir D. NORREYS presented a petition against
certain clauses in this Bill.

Dr. BOWRING presented a petition from Bolton
against the Bill.
Lord R. GROSVENOR presented a similar petition.
_ _ _ _

COLLEGE OF PHYSICIANS.

Mr. D, BARCLAY presented a PetitTion from five
physicians, and twenty-lota surgeons, peaying that
no new Charter should be granted to the College of
Physicians, or the College of Surgeons, until the
whole question of Medical Reform was gone into.
POOR-LAW AMENDMENT ACT.

Mr. Sergeant JACKSON presented petitions from
Mayo, complaining of the ill effects of this Bill, and
praying for its repeal.
MERSEY CONSERVANCY BILL.

The Report on this Bill was brought up, and the
Bill was ordered to be read a third time to-morrow.
POOR-LAW.
An lion. MENtnEu presented a petiti m from some
place in the North Riding of Yorkshire, against cer-
tain clauses, and 'especially the apprenticeship clause,
in this Bill.

asking the Roil. and Learned Member for Bath when
the Report which he had first brought up of the Com-.
promise Election Committee would be delivered to

Aenikers.

Mr. ROEBUCK hoped that it would be in the
hands of Members by the end of the week.
The motion was then agreed to.
CHURCH lATEN SION.
Mr. HAWES wished to know if the Right Roth
Baronet would be prepared to make the statement he
had promised on Thursday, with reference to the
motion of the Hon. Baronet, the Member for Oxford,
on the subject of Church extension.
Sir ROBERT PEEL'S recollection was certainly
different to that of the Hon. Member, as he thought
the Hon. Gentleman had given him notice of his
intention to ask some question. But he (Sir R. Peel)
never gave the slightest intimation of his intention to
volunteer any statement ; he thought he ought to be
invited to make some statement by the Hon. Member.
Mr. HAWES said the Right Hon. Baronet had
promised to give him an answer if the question were
repeated on Monday.
Sir R. PEEL-- ►t hat was the question ?
Mr. HAWES—What the intention of. the Go-
vernment was with respect to the motion of the Hon.
Member for Oxford with reference to Church exten-
sion ? He thought the House ought to know, as it
was a late period of the session, and the subject was
one of great importance.
Sir R. PEEL said it was not usual to ask without
notice a Member of the Government, a fortnight be-
fore a motion came on,what the Government intended
to do with respect to that motion. He certainly un-
derstood that the Hon. Gentleman was to ask him a
question, and he was desirous of giving every informa-
tion with regard to the course to.be pursued by the
Government. The motion of his Hon. Friend the
Member for Oxford had been made without consulta-

anci he had accordingly been dismiEsc
ste a ciee'Aefl h
tippoi.-Iked to the situation.
tho,..e circumstances the Govt

Mr.

lent could n,

(.;',i t) that impartiality to 7-‘rinen tney nau at too ,
out,et theii &niter pretended. Again he found
Mr. Sergeant Warren aria the present Solicitor-
General, when offering themselves 14 the suffrages I
of the Dublin University, denouncing as eor-
rupt arid urigeripturni the National Educa.,.
tion system-4A s*sfent for the introduc-
tion of which Ireland iird§ so Mild' indebted to
the Noble Lord opposite (liOr4 Stanley).
A vacancy occurred in the representation 6k' DAlin,
and what Wat the course adopted by the Getterninent
that was pledged to support no party ? This gentle-
man had concurred in the system of education, and
at the time he was put in nomination the Irish Muni,
cipal Act was in operation, and the Castle had
already selected a Conservative gentleman to
fill the the office of Sheriff. How did the
popular party act ? They did not ask that
a party man should be appointed, but that they should
put Sir Ed. Burrough out of office, and that the elec-
tion should be fairly conducted. Having read -extracts
from the memorial presented to the Government on
that occasion, he proceeded to say that the Govern-
ment refused to remove the Sheriff from office as re-
quested, but the Noble Lord opposite wrote a diplo-
matic letter to the Sheriff, expressing a hope that the
next election would be fairly conducted. This Mr.
Sheriff Browne had been in office when the Whigs
were in power ; and he had said, if the Government
would make him a Knight, he would do any job for
them they wanted.--(Hear, hear, and laughter.)
This was said in a letter to Mr. Eiffe, in which
he stated his determination, let what would
happen, to act in all respects in accord-
ance with the wish of the Government. When

tion., He exercised that right which he was enabled the Noble Lord (Lord Eliot) had that- docu- !
to do as an independent Member of that House. ment sent to him, he replied to this effect;—" I re-
If
his Honourable Friend persisted -in that mo- ceived last night your letter. lam under the neces-
tion, he (Sir Robert Peel) would take the sity this day of taking my departure for London, but
same- course upon that motion which he did last year. Mr. Lucas, in whose hands I leave the document,
when out of office. The motion was last year made will lay it before the Lord lieutenant, and give
in the same manner as this without consultation, and you his Lordship's answer.'" Now, he thought
he (Sir R. Peel) voted in favour of that motion— the Noble Lord might as well, before
that was, in favour of the House resolving itself into he left town have given an answer himself
Committee to consider the form of an Address to be to the letter. ,To be sure allowance was to be
presented to her Majesty on the subject. He told his made for the deviations of men entlitialaatically vir-
Hon. Friend then, that he should not resist the motion tuous on their first coming' ittto office. But he would
for consideration of the subject, and he should not throw ask, had the Government fulfilled their promises ?
any difficulty in the way of the motion by staying Lord De Grey in his answers (and they vvore name-
away, but he should give his vote in favour of the rous) to the various addresses presented to him from
Committee, reserving to himself the consideration of all parts of the country, without, he believed, a single
the form of the address to be presented to her Majesty. exception, stated that he was most anxious for the
He should pursue the same course in the present ses- impartial administration of justice. Lord De Grey's
sion, if his Hon. Friend persevered with his motion. promiseS of an impartial administration of justice
He should move that the House resolve itself into a stood out in high relief. But why had his Lordship
Committee to agree upon an address to her Majesty, selected that topic ? He appeared to have thought
at the same time he should reserve to himself the that there was occasion for those promises. He seemed
power of determining the terms "Or that address. to have felt that, with respect to the administration of
Pledging himself to fulfil the motion in no parti- justice in Ireland, that suspicions must have
cular mode, he would pledge himself on the part been entertained, which it was his duty to negative.
of her Majesty's Government to give the address his His Loidship had thought, perhaps not unreasonably
full consideration.—(Hear.) If it' were advisable —when a great change had taken place, a vast trans-
at this very advanced period of the session, and when fer o:' power had taken place in Ireland—when the
so many Members had left town, to bring forward Government for the many had been succeeded by the
this motion, he must leave it to his Hon. Friend to Government for the few—for the ' iovernment which
determine what course it would be most consistent especially attended to the misfortunes of the smaller
with his duty for him to pursue. The position in number—his Lordship, then, perhaps, thought it
which he (Sir R. Peel) stood now was very different not unreasonable that it should be supposed that fac-
from that in which he stood last year—for he could tion should find its way back again to the public
not vote for this motion as ' a Minister of the Crown tribunals—that jurors would be selected, and judges
without being prepared to follow it up as an abstract chosen, upon principles repugnant to those upon
measure i and he could not hold out the possibility of an which he meant the laws should be administered,
idea that he should be prepared to propose any mea- judges invested with great power—power which,
sure this session on the subject, nor could he recoin- if the Noble Lord's (Lord Stanley's) Registration
mend to Parliament to make any_ grant of public Bill was passed,' would be greatly augmented.
money for the object proposed.—(Hear, hear.) -- -- A judicial partisan was a great calamity. W hen
Sir ROBERT INGLIS was not insensible of the he went the circuit what exultation on one
inconvenience attendant upon the bringing forward side and what dismay on the other was there
this motion at so late a period of the session. He exhibited between parties animated by feelings
should not be unwilling to bring forward the mo- of the deepest antipathy towards each other,
tion, encouraged as he was by the statement of his when they saw a man clothed with judicial
Right Hon. Friend that he would pursue the same authority enter . the Court as judge , who had
course on the present occasion as he did when the sub- borne a part in all the civil feuds of Ireland for years
ject was last before the House. His Right Hon. Friend- past !—(Cheers.) What did they mean by the impar-
stated, however, that he would take the subject into tial administration of justice ? Justice to be impartially
consideration, and when he (Sir R. Inglis) coupled administered must be administered by impartial men,
that statement with the promise of his Right Hon. and when they placed on the bench men distinguished
Friend, that he would support the measure now, he for-their political partisanship, he would ask if that
thought he should best consult the great interest were a verification of their professions ? Mr. Justice
whose cause he advocated, if he consented to leave Johnson had not gone circuit for many years under
the matter as it now stood, in the hands of her Ma- the Whig Government. He resigned as soon as the
jesty's Government.—(Hear, hear.) Conservative Government had been formed, and
MR. FRY'S CASE. gave an opportunity to the Noble Lord opposite to
Mr. ROEBUCK stated that he had presented a verify the sincerity of his professions with regard to
petition to that House some time ago from a person the impartial administration of justice, and who
named Fry, who had been committed to prison by the was the successor selected by the ' Noble Lord.
Magistrates of Cheltenham; under improper circum- to show the sincerity of his professions, and to secure
stances. He wished to know of the Home Secretary the confidence of the Irish Catholics ?—(Cheers.) If
whether any steps had been taken consequent upon the the Government had chosen to elevate Mr. Lefroy to
prosecution of that petition. the Peerage, and to let him be engaged in the House
Sir J. GRAHAM said he had inquired inio the cir- of Lords in hearing Irish appeals, where his
cumstances of the petition to which the Hon. and great learning would have been of infinite service,
Learned Member referred. On inquiry, it appeared and where he would not have exhibited any partisan
to him that serious irregularities had taken place, and feeling, no complaint would have been heard from
he expressed his opinion to that effect. . him (Mr. Shiel). If they had made an exchange,
TOBACCO REGULATIONS. and sent an English Judge to Ireland, and
Mr. T. DUNUOMBE said that he had presented a raised Mr. Lefroy to the English Bench no complaint
! petition that evening from 37 out of 45 of the principal would have been made—if they nad waited until
• houses engaged in the - tobacco trade in London, and public feeling had subsided, and had prepared its way
he wished to know whether it could be brought on by accompanying the appointment of Mr.Lefroy with
that evening ? some liberal appointments, the case would have been
The CHANCELLOR of the EXCHEQUER said different. But they had chosen at once to appoint
that his object was to have the Bill read a second time the man who for years past had - been mixed up
i that evening, and committed pro forma. Such in every political question by which Ireland had
amendments as might be deemed necessary could be been excited. He bore Mr. Lefroy no ill-will. Mr.
made at a subsequent stage.
.Lefroy could not be hurt by his attacks, or by. the
BRIBERY BILL. - defence of the Noble Lord. If he thought Mr. Le-
Mr. ROEBUCK said, that as the Bribery Bill of
froy would be hurt, his (Mr. Shiel's) lips should at
the Noble Lord, the Member for Landon, stood. once -be sealed as far as regarded Mr.. Lefroy.
; upon the paper for that evening, and as the Noble He turned from the appointment of the gentleman, to
Lord was not in his place, he wished to know whom he had referred, with, he trusted, as little
whether any Hon. Gentleman could inform him asperity' as possible in t eating a subject so deli-
if the Bill was likely to come on to-night, or cate, to the appointment of judges and jurors.
whether it would come on this session. - Of the system of appointing juries there were two
Sir GEO. GREY (as we understood) said that cases, which he would bring before the House, which
to-morrow he should .be able to state when the Bill afforded a strong exemplification. He knew English-
would come on. men would be surprised that they should complain
GOVERNMENT OF IRELAND. of the exclusive institution of juries, and think that
On the motion that the House do go into a Coin- the religion of men, by whom they were to be tried
mittee of Supply, • for their lives, was of importance; but if ' they
Mr. SHIEL said, that having asked of the Noble knew the real condition of that country, they
Lord, the Secretary for Ireland, to lay on the table would not be surprised that they should be
of the House the correspondence which took place anxious that their lives and property should not
relative to the restoration of Mr. St. George to the be surrendered to that class of men who were
Magistracy, and that Noble Lord having refused, he ordin irily impannelled upon the juries. The Orange
(Mr. Shiel) gave notice that he would move for the institution was dissolved indeed, but its spirit
production of the papers, and that he should at walked abroad. It had left influences of a social and
the same time venture to impugn' the condtiot of the political kind upon the entire frame of society in Ire-
Irish Government, which he thought had departed land, and upon the administration of justice it acted
from those engagements which they voluntarily made with a most sinister effect. They might think
when entering upon office. He gave public notice of perhaps that he spoke in this matter as
his intention, and he' furnished the Noble Lord a mere partisan. He would refer to the
with a statement of the chief particulars opinions of an Irish Judge, delivered many years
to which he intended to advert. He therefore trusted ago, with respect to the administration of justice in
it would not be considered that he had taken any un- the north of Ireland, but much of which was
fair advantage.—(Hear, hear.) Many lion. Members applicable to it at the present time. The
thought he had acted injudiciously in bringing for- on. Member then read an extract from a document
ward such a subject at this late period of the session, written by Mr. Justice Fletcher, stating that there
when the Noble Lord, the leader of the Opposition, had were numbers ofpersons who, Under the assumed name ;
left town, and when the Right Hon. the Lord Mayor of Orange yeomen, attended the fairs and markets with
of Dublin was obliged to go and attend the duties of arms in their hands, under the pretence of self-defence,
his office ; out notwithstanding those disadvantages, but in reality for the purpose of exciting their op-
he thought it was not right to let the session go by portents. In a Court of Justice it was sufficient
without taking a ' discussion upon the subject. to say that such a party displayed such a colour to
He believed that the impression, that the produce an utter disbelief of his testimony ;to another
Government of Ireland had acted impartially, was the display of the same party colours instigated
erroneous. He thought he would be able to prove murder and larceny. If this system, or its relics, con-
that, and that, treading in the old tracts of tinued, they could not be surprised that the Roman
Toryism, they would be led to the same consequences Catholics were anxious that persons of their religion
to which it led them before. He should go should have a due share in the administration of justice.
into ' details which would be tedious, and He remembered that when the Hon. Member for
Gates-
he must intreat the House not to listen head attacked the Secretary for the Home Department
respecting the constitution of the municipal Magistrates,
to him with favour, but to bear with him
with toleration. He would first roceed to the the Right Hon. Baronet insisted, and the majority of the
p House—those that supported him—insisted that the due
pledges which had been given. The Right Hon. administration of justice required that men of both
Gentleman then referred to the declaration made by parties should he placed on the Bench; and the Right
Sir R. Peel, that Ireland would be his chief difficulty, Hon. Baronet said that he had modified the exclusive
to the declaration of the Noble Lord (Eliot) character of the Municipal Magistrates. If that were true
before his constituency at the last election, in their own country—and he knew it was so withi the
and to the reply of Lord De Grey to mun:cipal Magistrates—how much more plsn-erthtuel
north
yorth
the Address of the Corporation of Dublin who the observationd applypursuedainteonthwas.ituurtset
on rial for his life 1
stated that in the administration of his Government olift:lnreittlidine
that, where
oservation with a view to account for
"there would be a perfect abstinetwe from all party the' extraordinary excitement produced in the north of
feeling," but notwithstanding those declarations the T ri
.re,l an- by the two cases to which he was about to refer.
exclusive principle of Toryism remained and existed •rwo men were put upon their trial for the murder of
nearly as unmitigated as formerly, and as far as Mr. M'Ardle. The course. he (Mr. Shiel) took with
the executive was concerned the Act of Ca- respect to that case was this. He applied to Mr.
tholic Emancipation was not carried out. O'Hara, a gentleman of high standing at the bar, who
They had appointed no Roman Catholic to any office was lately distinguished in a trial at Dublin in which
of importance. They would not tell him that a per- the Hon. the Solicitor-General was for the Crown, and
he (Mr. Shiel) begged of him to give him a faithful
sonal favour had been conferred on Mr. O'Leary by
ThetT varnished account of what took place at that trial.
the Lord Chancellor appointing him to some office of
account he had received frcm that gentleman
about 7001. or 8001. a year, or that that was to be
lie . would read at full length, as it would give
considered as an evidence of the impartiality of the to the House authentic information upon that subject.
present Ministry. The nation did not care for The House %mild remember that when the case of Mr.
such paltry remunerations; it naturally looked M'Ardle was tried, the verdict was acquittal. The Noble
to the high office that tended to exalt the community. Lord expressed his astonishment at that acquittal—the
They might say to them, could they expect them to Judge expressed astonishment. The circumstances were
appoint their law antagonists; true, they could not, these:—Mr. M'Ardle was a Roman Catholic—some dis-
but still they might act with justice. What had been pthe course taken in 1836 'r Why, in that year they ate arose, and he took refuge in a house. lie was fol-
lowed by the prisoners, and they demanded his life, and
found Mr. Blackburn Attorney-General, and notwith- insisted upon his being given up. A temporary resistance
standing the change in the Ministry, he was retained was made, expostulation was in vain, he was sent fbrth
in office. Mr. Sergeant Greene was Counsel to the , and was slain. HePir. ;Thiel) Lad a great quantity of
Castle in 1835, and when the Conservatives documents, and the perusal of the, whole of them would
came into power they retained Mr. Greene. be tedious.lie was satisfied that the Right Hon. Ba-
He wished to ask why it was that, while Mr. Ser- detested the of .1. 7 juries as much
asroncatayal system pac tinb. . _
art, but he -(Mr. Shiel) was afraid that
geant Greene, a Protestant, was retained by the what Mr. Burke said long a..-o would apply now. No
Government of Sir Robert ' Peel, in 1835, as matter what attention was given by the Gove.rnment to
Counsel for the Castle, after he had been Coun- Ireland, so long as the subordinates did not act with sym-
sel .• for . the Castle under Lord Melbourne—he pathy the Government was attended with dauger anti
wished to ask wh it was that Mr. Monaghan,
called
morning; ••at
disaster. This trial was fixed for nine o'clocl: onwtaes
a Roman Catholic at
of high standing, that hour a trifiiirtgiacat:
had not been solicited, a the late change of Adminis- 1
The on, and a common jury sworn v h . 1 sae,
~ notice.age
tration, to retain his office ? He found this remark- agent of the persons charged would not et ll
the eiri —he was content with the Jury in the box.
able. circumstance, that the Dublin Evening Mail, a Let them ....et compare that with what took place in the case
The isii3Oble Lord
journal to which its party in Ireland was much in- . of Drttse, the Catholic, at Armagh,
tiehted, bad denounced the retention of IVir. Monaghan, i o tile Bench gated, •
on that occasion, that thvc*geut for

,

~,:.

,nry.
• •; .er.4tel
• us
AAA., o, , pi 01,
A set aside s,vern -who feel beil
_epanelled, for the purpose cludleegieg thew. .4
Court the next day he urged the neeessity!of
those persona; and the Crown Solicitor himselto
quested that one of those persons should stauJ
the Attorney-General refused to allow any challee
tehatever.—(Hear, hear.) The statement. that Ih!;ii
was no deeire to challeegt. was certainly a if istake.
jury consisted of eleven Protestants feed one tat
tbe case went on, and the charge of the Judgt,lvas 410 •
to be such a one as strongly to induce a conviction
11,
writer of this statement to him (Mr. Shiel)' stated
Afe. Holmes and himself were counsel tor the 110'r!
Mn. Until the very last moment the Attormy-Geli
,thy
would not allow the agent to retain them. 't
l'
itr
Went to the Court immediately they ur;s
their briefs, and, when they entered, -they 1°0!
the Jury already sworn. Now, was it right te.itt
that the counsel for the next of kin 'Bade no objectilo
the jury ? tree, he made no objection, but they I'3'4
opportunity.—(Hear, hear.) The counsel
Were 11
vented from
challenging,
but the agent for the ne
kin, who was the tally pereonin a position to ohjleeto
so, but in vain. So much fur that case, tried il,Lotl
He would turn now to the case of a Catholic, %,:ecretil
put upon his trial at Armagh. ! The case he aluld be
was that of Francis Hughes,
a Ca:holic, who 11,401de
tried three times for murder ;
twice t::eiurY Ungoo
agree, and upon the third occasion, upon (.1 yrOte
the jury, it was !build that ten Catholics and two
! tants only answered to their names, and several ei
fat'
were set aside because they had expressed opinions per
able to the prisoner. Were such transa awns to L'Alcett,
mitted The panel was- proceeded with, and th`„,ol!
challenged every Roman Catholic until a jury was '°,i,lol'
Now, how many Catholics had been challetiged. oeto
were ten of them on the panel, and every one °,'„seel;
had been set aside.—(Hear, hear.) A jut"' e_,,xcalreeli
Protestant was empanelled to try a man who had "041!
been twice tried for his life ; they found '11!v!
An expostulation had been sent to the Castle, 4
for mercy ; that expostulation had not been li'tun,;fferei
and, protesting his innocence to God, the nine slot'i
death upon the scat old.—(hear, hear.). The ittd
I facts stood thus ;—The man had been twice aecluaeof
ten Catholic jurors had been set aside on a
trial, and the mutt was found guilty and exeeej
, 'lid not rind that the Attorney-General had 81/-tr,Ce
instructions respecting the challenging of .-Nenli-,414W
tholic jurors ; but Mr. Brady said that ordinarl:y
eans, men who might be supposed to be in atiYtillel
pendant on the friends of the guilty parties, s'`)„
set aside. This was 'a, most reasonable objeet-;!eblr
. they might as well call all large wine merchallt!ill,,et
cans, merely because they had a spirit license. 1%, 1,00;
• the rest were ordinary publicans or nut, he did 11(3.1e
ns
but certainly one of them seas of the descripto hi
stated. Four of them a ere challenged ;
could not guess ; they appeared to he
property and independence, and above ti thele^
littetion cf the lower orders of society.
, Archibald Macdonald was employed to build ocj be 0'
Catholic Church of Armag
eh. Three of thenie
t
:derstood, had been objected to on a former triareVLO
of Woods. lie cared not whether such things 'vof)ti
by Whigs or To:ies—the system was radicallY, 0,5
Ile had concealed nething irons them ; he 'WA
all he knew on the subject,. Under a termer Ateel'
General, whose feeling* were more in accordeeco,
these of -the people, with, two mixej, juries, Ocate!ii
tion- took place, but when they exciULi
from the jury a conviction was procured,
he could tell them, had created a great sensatieni:to,,;',
north of Ireland ; the greet mass of the peq,esro
not why these men were vet aside, nor had 013%1000t
nation been given up to the present. irbeoi
Catholic Primate of Ireland, Air. Croly,
a man of violent politics, he seldom 'fitbe
died with them, he was an opponent el. 030110
peal of the Union. A petition from such a, oel
-dressed to this House on such a subject, deserven,,i'd!::i
should have thought would have received, the ""„leks
letan attention. The Government had ttekit 041
that they had received great assistance from we .et ,%
Catholic clergymen of the south of Ireland, YOOl,
petition had paased the House almost without eta
Dr. Croty said, " a deep sense of wrong' e' 4110'
pervade the Roman Catholics of Ulster, if the co,,e6l'i
secured them by law was violated, and if WhoW 0,
went should make any distinction between
!,„tiOtot
their Protestant fellow subject." He confess no ,
rash—a, worse than rash article—appearedler,
Belfast Vindicator, in reference to this trial,and
ney-General lost not a moment in prosecuting t'werei,
From the year 1835 to 1841, when the Whigi3eerl
power, though the Irish Government was sul'4•l4lell,"
the most virulent invectives, there was nut ic,rit/t
secution of the Press took place. Since the )7.; PFIO
into power their Attorney-General, Mr. Fraret
burne, had distinguished himself as rua",bee
alacrity at one time as by his supineness in 11-0`,„:0,...e
Biddulph's case was an instance. That geutlTosell;:i
• was a Magistrate, had advised the very Ina "."0:0
he proceeded against, to abscond, and yet 11*'. pei°o
discharged from the commission of the Public.settVe
This was a case which appeared in all the lie;Jorll'd
and yet Lord lie Grey never heard of it. Bis P„opoih,„l
General made no report of it to hint. ir..,"rley• 1".41
in all the newspapers, and Lord De
never read it. (Hear, hear.) Here ji d
negligentia. Mr. Blaekburne, within one Lila'. 00
instituted prosecutions against the Aerery-E-rutois too
the. Bellast Vindicator. Let them see of '0
course adopted by the Crown in the prosecut,i.°:"tbr,
editor of the latter paper. They inighestyPtei
Dublin, the majority of householders 61 "11,,', 00,„
Roman Catholics. that persons of that- proles-..o.,lothe'J
not be excluded in pauneling a jury. .ilut'i4l 'llll
wise. 'I he process of striktug a jut.) Wu- OP:tell
48 persons selected, the Crust it Solicitor as
.240'4'
and the defendant's solicitor 12. The remailialghl,isv;
called the reduced list. In the original 48e0921;4
sion, nine were Catholics, and on the reduce"
one was left, and that too on a proeecutio° :
011(
libel in a newspaper cominent.ng on the
Armagh, where ten Human Cato ,lies were't",f
the jury. For that no reason Vl' ila ",,trell:;
assigned. That might not appear to them 11'0; P'o
it appeared to him (Mr. Shier) to be so. Let,,,lat,°:),
come to the trial. The Right Bun Francis 13'7, Jteol
and the Hon. Gentleman opposite (Mr. Sergeli,l,otieeto!
son), who left Parliament to attend the Unite e.tielev
the prosecution for the Crown. The Attornei,cet
said that in that case the truth would be non it; erli;
Would not go into the facts at ad. Tile t iorr
times said that the truth was no defence ; bus elle
Attorney-Genera i to say so, was en tii eIY
ranted. There etas one Catholic on the
Ikir,i;en
was afraid he approved of this practice, 20
Chief Justice got up and delivt re d his charge,
commenced thus :—" 'Was there ever a ''.ores
libel than that 7 In my opinion never ; 3.'1!
to have been an innocent publication. I 3.00, efi4
decide that question, but I give you my ePillit ",„'!!
this is a gross and infamous libel, and to„ja.:r
mincing the matter.”—(Laughter.) He v`.,(?,,,-,rel"
follow the example of the .Noble Lord the '1,00„,
for the Colonies, and vote for submitting thert,c 010,0!:
Baron Smith to a Committee of the !louse of ""°atel
But he (Mr. Shiel) must make one observation C)
had f.„llen from Chief Justice Pennefatner•
ot 11`,1
Justice Pennefather and the Atterney-Gellerfige
concurred in saying that the Press had not °.,04'
say anything whatever about the Attorney'Uttell°V
(Hear, hear)—no matter how infamous the
General might be, no matter how scandalo°
his conduct ; if he were a second Jeffries he '`,,.-:10101
be the subject of comment by the Press. BothTh00„01,
in stating that the only way of obtaining mite' ley
misdeeds by the Attorney-General was 1109.
to the House of Commons. He would avail ;ol re
that suggestion, and ask for a Committee ei•,0,0,5,00
If the Noble Lord opposite intended to honour
plying to him, he would have to enter ie'erei
details, and the Noble Lord would find that the rofer
of a Committee would be by far the most 011009.
mode of proceeding, in order to give the hit'' fla
General for Ireland the means of reinstating ,0.),,
the opinion of the House of Commons.—(Chose for
would now refer to the case of Mr. St. Georgttel€,ol4'
George had been dismissed from the 314401•19" It',
writing an offensive letter to the Marquis of ',lce 09,
When the present Goverment came into -1,10tb,o&
Magistrates—not the whole of the Magistrae)„.'d
tu
incorrect, but six Magistrates—three e w ".,ot II,„'
a memorial to Lord Normanby, had in 1841 5::,r ,',.;111/j
Lion to the Marquis of Clanricarde, praying
George's restoration. Let the House recolleetiod-
high-minded wan the Duke of Wellingtoe',44
that Mr. St. George had been justly diszniosoft7, 0
petition praying for :he restoration of Mr. le 0
the Magistracy, had been forwarded by the 3,„5,1(1, t`) the
Clanricarde. The present Chancellor. of Ire:40111e re'
groat honour—(Chet.rs)--although ditreririehita t'l„.oof
Marquis of Normanby in politics, saw (1011'e 1;
presentative of his Sovereign, and dernanbe ;5 015•11,,te
apology or explanation should be offered for 1'..eit15,.t'",,r0:
the delegate of the Crown before he should be: "ii!
Lord Clanricarde came to the determinall°4o9ll,:e4
ceeding with the charge. An apology v°so gic'rpv
Mr. St. George!declared that he re ver Novi us ',lief'
apology or explanation. Lord Ciaoricnrue'D
Licute nant of the county, did not entei
He saw at once that when an apology w 0
original insult was refreshed.—(llear, ii,e%ta
was the surprise of everybody acquaintee N'„•0101 1,00.:t
tails and circumstances, that although the lir&
demanded—that although Mr. St. George °Aoat
peremptory intimation that he would not O ceaut 1
:.101
syllable of what he had written—yet the adoliePteltl4
and the Government reinstated bin' 10 the e 000
lion of justice, whose functionaries, they I,‘ er? 11Vhj
should not be selected from party tilenplebie ,
(Mr. Shiel) asked the question of the
!ceteeilicle
he admitted the original offence---thelogr--4 veo
that offence—the demand fur au aPeG;•,,,rge, diet"
when made, was refused. Mr. St• phe",de
reinstated, and then he add.- d a trliseonee4l)o3elit.,,orA
to which the Lord Chancellor and the G°Veithe dePioe
way. The original offence ens no secret:f opop6o
for an apology was no ,coot, the refusal c
oib„
was no et, bet the eisfitifplicution.truslilist-5,
ought to be divested of its cettelestine ehaefibe tb
milled to the cognizance and judgment e' detaia`itoefe
Commons. He begged parch 41 for havlr'g col'e
House so long. The Right lion. Gentlen:la_
with the motion of which he had given notice.
Mr. J. O'BRIEN seconded the motion.
ortunic
Lord ELIOT said he rejoiced that an op_
coo,
at length offered for the vindication of,t.ieterthe
the Irish Gerternment, and GE showille tn' diaiou for
brought against them were destitute of foun
.00 be to
thy •. pSt/ J
Right Hon. and Learned Gentlemen, .11 ail
'e ist achl:criehd,:rKej
Cork, presented a petition to that
which the Right I on. Gentleman 0.8.3 cr-
in! that petition the Government of lte
ou of )1'•
wit -tampering - the udwiaibtrau

&la 1

ii l h

xis