The Statesman.
London, England, 1823-04-16 00:00:00

after evidence was heattl by the Wand Jury, they ig-
nored it ; suppose that the witnesses had stated to the
Attorney-General by affidavit or otherwise, that the
(}rand Jury sat with their legs across, and pet their
Moods in their ears to shut out the evidence; and, sup-
pose that the netnre of the evidence was such as mani-
kisly, anal beyond all question, to make it imperative its
them to find a true hill,—suppose, under such circling.
stances, that the bill was ignored, was not that a ease
io which the Attorney-General would be warranted in
iuterferleg? The Honoureble Gentleman 'Jived that,
id his proceeding e 3 . this occasion, be was actuated by
a zeal fur the preservation oft the Cpus!itu:ion and
the liberties of the subject. ut should the conduct
of the Attorney-General in this affair be condemned, the
Honourable flentleman would obtain this resnit for
the Constitution, that no Attorney-General would ever
again have recourse to a Grand Jury, but always use
tue yrecess of information. He felt that lie was tres-
passing upon the attention of the House too long.—(Loud
("teas.) But he assured tltem Wit if himself alone
%sere concerned, he woald 0./e have trauhled them •at
such length, but !VI ry. body who knew him, knew that
there were inter.Ms growing out, of th's question infi-
nitely more dere to Lim than any which concerned Wito-
self. He would then refer those Hon. Gentlemen who
contended that the Attnrney-Generalvas not legally au-
thorized to file ex-officio informations, to the 31 and
4th Barrow's Reports, in which it was laid down by
Lord Mansfield, that such an authority dial exist in the
Attorney-Genera!, aril that it was unnecessary far him
to apply to the Court of Kinx's Bench to grant one, be-
cause the authority existing in the Atturney-C.meral
himself, it elm unnecessary to call upon the Court to,
sign an informatitio which he might sign himself wied
farther, that if it was net a proper casejor the Attorney-'
General, to file an information, neith. was it a proper
one fur the Court. Thus it was clearly established
that the AttorneysGenei al bad a right to exercise
the same discretion as the Court of King's Bench in
filing infornixtinns, and he hoped that he even
bad satisfied the Hon. tient. upon this pant. Upon the
1 of More, which bad been alluded to by the Hon.
lieut., he wished to offer one or two observation*. This
was a case which could not have been found but from the
merest accident, becanse, from peculiar cirentnidances,
it came under the c lan's:ince of Parliament, and it sh sld
be recolrectrd Vial this Was a proceeding, not by inforioa-
tinn, but by inili-tment. The circumstauees ware 'hese :
The hills --ere sent up to the Brand Jury, and 'Wendt :g to
ignore the:n, they, by mistake. returned true Bills. Th.
Grand Jury applied to rectify the Gilding, but the Court fie
fused the application, mares it was made on sffidayil.
-af:dasit was matte, ani the indictment glistshei ; but that
Atti,...ey.General sai4 Il r lead ennther authority to resort
to, an :74...d an ex-officio intne.nation. However, it so well
rteerved that the sohj-0 was before the Irish
parliament, and such loud complaints made against Sit
Constantine Phipps, that Parliament petitiuded for his re-
moval: and though the part:cuter attautiou of tse House
was called to Me question at the time, yet no contp2vitit
vas made assinst Constantine for filling an ex-officio infor-
In3lloll. The complaint against hint was, for interferina
with the Jery while pro:redines were pending. That far
lie thought it necessary to advert to this wise, to show that
it was cant exactly in point for the H .n. GentlentaVa pur-
pose. Now he would proceed to Mate the fac:s. noel the
evidence produced to sustain these facts, as well as the
;mends which induced lain to file the kr•Officie informa-
tion. If he could show the finding was in opposition to the, •
facts, and that gross injustice was the enneequence, he bad
no doubt that the Howse would ngrae alt: talus io thu ;aro-
priety of the course he land adopted. In the papers for
which the Hon. Member hart moved with the view of- as-
the motives of the Irish Government, and Which
land been tail on the table to-Jay, was the indichisent
and the evidence which went before the 43rand Jury to .
sustain it, and he would take it upon himself to say,
that any rational elan looking et the evidence of We
thirteen personA,. he did not ,elude the two Agitations,
mud two others who were subsequgutli A:mined. who
tw- their testimony before that Jury. w,?;:,d come to the
cuneusion that there was no part of the indictment, whe-
ther for the conspiracy, the riot, or ti e assault, wit*
was not so fully and demons' rangray proved ageinst all as
well as earliest Ilundwich anal Graham. He a ould state to
the House the impreseles upon the Jury which induced
them to some to such a conclusion, and of which he was as
mortally certain as If he had been one of the Jury. While
it was found that the Lord Lieutenant was prepared to act
on his Majesty's last admonition to the people of Ireland
by an equsl administration of the laws, and by putting
down the dominant party which kept up a system of the
most embittered feelings and hearthurnings ; that party
whom he had called a gang, thought they were warranted
in showing It proof of treir disapprobation, and had
therefore a right to make a riot ; bat he did not believe
sat any of then; had a right to make an attack upon the
Lard lieutenant. This, he believed, was the opinion
which induced them to COMP to the conclusion of finding " no
bills," but upon the legality of which the Learned Judge
upon the trial removed all doubt. The Right lion. Gen-
tleman here read an extract from the Judge's charge,
showing that no persons had a right to confederate to
make a riot at a theatre even against an actor. However,
the Jury, he believed, were of a different Opinion,and thought
they had a right to confederate to express their opinions
against Ito Lord Ideutenalat. Now if such was the fact,and
that there was a party so filled with prejudices as to believe
that they were justified in acting against the very elements
of justice, for the purpose of rendering the Government of
the Lord Lieutenant ineffective, and showing there was a
power superior to it, lie had no other course left but that
which lie had pursued.—(Cheers.) And though censure
should he thrown upon Irian for his c induct, under such
circumstances, he should still ever feel proud of the honest
integrity which dictated it.--(Hear, hear.) Ile bad been
charged with want of judgment in committing for a capital
charge en., afterwards abandoning it ; but he maintained
that a change of opinion which circumstatees justified, only
confirmed the judgment that had been exeiesed, by leaving
ea opportunity for such a change. Now it appeared that
three or four Orangemen had taken advantage of the Lord
Lieutenant's visits at the theatre to show thdlr disapprobs.
lion pf his Government. lie did not use the term "Orange-
men" in any offensive sense. With some in lieiduals of mat
body he was on the most friendly terms, but as a body he
deprecated them, as an Association la violation both of the
!astute and the Common Law, and above all because they
were bound togethee by a principle of exclusive religion.—
,While such ti body existed it was impossible that Ireland
could ever be in any other state than gnat of war, because
the existence of one party necessarily created another In
uponsition.—(llear, hear.) And instead of the whole cons-
enmity uniting to support the law, gel were arrayed io hos-
tility saainet it. It could 104 he said that he bad acted im-
partially, it was his duty to notice every violation of the
law. and as public prosecutor, he bale been called upon to
bring the Catholic as well as the. Protestant to punish-
ment. if lie had neglected to do so--if he had shut liis
eyes to the impolicy of one party and •nut of the other,
he should have be lieved himself guilty of the greatest self
abasement. Hy ouch conduct the Protestants endauered
their own safety. Their garrison was in the law, but if
they sallied beyond it and challenge-1 others to a violation
of it, they would endanger their own safety, but that of
the conntry.—(Loud cheers) That he would descend
from his diameter, an'l become the instruuieut of party '
purittoe Casa chargefrom which aids character was nut
sulfa lent to shield Lim, lie would make 110 defence.—
/tut to return to what he was before stiting ; that a few
Orangemen had determined to insult the Lord Lieute-
nant at the theatre, for the purpose of compelling him
either to leave theki nadoin. tar change the principle of his
Government. Now, it was difficult to conceive what rea-
sonable ground they could have or anch opposition, be-
raise the Lord Lieutenant had not appointed one Catholic
t, s situation since he because Chief tiovernor of Ireland.
The Right Hon. Wildman then adverted to the evidence
upon the trial, which, he said, still more confirmed the
fake principleood prejsolices whieh must have actuated
tb Grand Jury in throwing out tne billy. The Hon.
ti .1111.4,14 n called for censure noon him without a state-
airet of (acts, but he would rellive Ulm from the areas-