Star.
London, England, 1828-07-10 00:00:00

.THE CLARE ELECTION.

SATURDAY, JULY 5-LAST DAY—GROSS Pi'LL.
For Alr. O'Connell . . . 2,057
For Mr. Fitxgrrald _ . 2._ . . 982

- Majority for Mr. O'Connell . --LOU
At length this contest las terminated, and the High
Sheriff has declared Mr. O'Connell duly elected.
This morning the High Sheriff and his Assessor
called on both Candidates, to argue before them a Pro-
test, which - had been lodged by several Freeholders
against the return of Mr. O'Connell. Mr. O'Citzaon,
n. and Mr. DOHERTY, attended as Counsel for Mr.'
Fitzgerald and on behalf of 'the Freeholders; but Mr.
O'Connell declined to appear either in his own person
or by Counsel. The following is the Protest :
"To THE HIGH SHERIFF Or THE COUNTY OE CLARE.
" Inasmuch as Daniel O'Connell, Esq.' is a person
professing the Roman Catholic Religion, and as such
cannot (viably to sit in the House of Commons of the
United Kingdom, even if he were elected; we, there.
trite give you notice that the election and return of the
slid Daniel O'Connell to sit in the House of Commons
of the United Kingdom, under the wilt to you delivered,
will be illegal and void ; and' we do hereby call on you
to return the Right Hon. William Vesey Fitz 'erald, he
being the only qualified Candidate in nomination.
"Signed—Wm. Fitzgerald, W. H. Staepoole, Burdan Blood,
Amnion Wuter, George O'Coghan, Wm. Water, Thomas Craw,,
John Fitzgerald, amities Studdart, Daniel England. Francis Gore,
jun. Richard Studdart, Wm. Scott, Charles CreAgh, James Cremes,
John S. Vatideieur, M. Furnell, Poole Dickeman, John Whitby,
John Singleton' James Tynous, Andrew Staeponle. Cornelius
O'Brien, Wns.l3utier clerk. Robert Goblet. clerk, Ch.rles Mahon,
11. Butler, Thomas Browne, Charles Borlty, J. MiNanara,Thonsas
Studdart. Robert Kean, Arthur Capys."
The following was also put in :
' " I, George Doran, of Conudatban, in the Barony of
Clondidam, of this county, do swear that I have read
an Address in the Dublin Evening Post Newspaper of
the Ist flay of July, in the present year, signed Daniel
0 C ninell, and directed to the Electors of the County,
oath a view, it is this deponent's firm belief, of inducing
the said Electors to vote for him at this election. De-
pitent saith he believes that Daniel O'Connell, Esq.
one f f the Candidates for the representation of this
County, was the person who wrote and composed the
said Address, and that said Address was published
through his means, and by his instigation. Deponent
further saith, it is stated in said Address that the
said Daniel O'Connell is a Roman Catholic, and that
he declares that hr would never take certain oaths now
by law necessary to qualify and enable him to sit and
vote in Parliament. (Signed) "GEORGE DORAN."
A fu ther affidavit was put in, certifying that Mr
O'Connell was, aothe time of taking out his certificate
for the'bar, a Roman Catholic, and that he entered him-
self as such.
Mr. CUEAGH and Mr. DOHERTY, in support of their
application, quoted the 41st of George 111. cap. 52,
2d and 6th sections, and contended that a person dis-
qualified from sitting and voting in the Hrhsse of Com-
Mons was equally disqualified trom being elected. They
also referred to the case of Hur.C: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 no.
torious, the House of Commons decided that the return
wad void and bad, and that it was vexatious. It was
also contended by them that it was notorious that Mr.
O'Ct.nnell was a person not in ease for the purpose of
this election, inasmuch as he declared on the hustings,
that he, world not qisality himself according to law.
Mr. KEATINGE (tire Assessor) begged leave to say, on
the part of the High Sheriff. that Mr. O'Connell made
no such declarati n; he and the High Sheriff' were
aware that a question as to eligibility might be raised,
sad he felt it his duty to watch the progress of Mr.
O'Connelrs address from beginning treendiand it struck
him that thevestion, whether Mr. O'Connell would or
would not take the oath was cautiously abstained from.
Mr. O'Connell addtesaed the freeholders as if in the
prompt on that no disqualification existed against him.
ale of the Learned Counsel (Mr. Creagh) staled that
Mr. O'Connell said in his address, 44 Now choose be-
' tween me and Mr Fitzgerald; he will take these oaths.
I' •ouid so ,ner die than do so,"
The Assessor said he recollected the words, but he
did not think they went to the extent contended for,
and, at•least, he would require an affidavit of the exact
words.
Mr. Canton said he was ready to make himself the
affidavit, and he, then entered into a very learned and
powerful arg9inent in support of the protests. But the
Assessni clouded that there was a material difference
be trap* " being qualified to be elected," and " being
Thzlified to sit and vote." A man might be qualified
to be elected. who might be afterwards declared not
qualified to sit and vote. Tie law had imposed a test
by which this qualification was to be decided—but that
Est could not be imposed on the hustings. The As-
sessor, however, said, " I sirs admit, and I take thit
opportunity of stating it, as a great deal of silly matter
has been uttered upon the subject. that Mr. O'Connell
never can sic and vote in the House of Commons untii
he takes the oaths prescribed by the Act Wits Chas. IL"
The Assessor, however, advised the Sheriff t 1 return the
Candidate who had the greatest number of legal vo:es.
• The room was crowded to excess during the argu-
. meet, and shortly after the Learned Assessor had cori.
elude:1;11e or Binary business of the election was resumed.
At six o'clock the polling closed, when it was found
that there were polled of good votes,
For Mr. O'Connell , . . . • . • 6
. For Mr. Fitzgerald . . . . . 2
The Act of Parliament making it imperative that no
booth shall be ke; t open on or after the fifth day of
polling, in which booth twenty votes have not been
polled, the election was consequently declared to be
reiniii.ated, and Daniel O'Cfunell, of the Order of
Liberators, was declared duly elected to serve in Par-
hament for the County of Clare. ,
The annouticement was of coarse received by the
multitude with desfisaing shouts of applause.
A sheet time previously to the return being made,
Mr. Fitzgerald, accompanied by a troop of friend:, as-
cended the hustings. the Right Hon. Gentleman was
received With the unanimous approbation of the meeting;
and when order was restored—
Mr. O'Constant, proceeded to address tligArelillgv—
The Learned Meatbef-appeared in an in•Eant to h
Changed hi. whole demeanour. The wand of an enebaeser
could not have acted more instantaneously than did the
honour to which be had been so unworthily Rined. Ft om
the;raaggerintbe man. Gentleman who had but a few ally he became the fawning'sYcivhafil
3.0)
-ribs
before been • object of his ribald and brutal jests, in
an instant became the subject of his panegyric. It
irAliaitt,he) the ordinary phraseology on an occasion .of
this description.r—if an occasion of this description be a
matter of callosity occurrence—to say that the feelings
ice too great for utterance, and that language is unable
evie6crobe the ensestietunf the mind. If I were alone
persciralty eoncerned in this election, such a form eel
eerwesaioa might answer; but I confess my total inn
dressy le gin breath to.'what i feel When I rennet*