The Statesman.
London, England, 1823-06-27 00:00:00

Ati
L.- .)

• ~;

Iv]

E

7. 7,7

_

1132&

-

14D1141Y dies as the Scofield !"

Me. Clothe* for the appointment of Cleik df the Peace, and'
anal Other sews for other siteatthes. The petitioner•fur-
thir alleged, that tbroagh a recommendation to Me. Croker,
theindlvklual lit "anion obtained a re-bearing of his ease.
Colon. OROSBIE, the Honourable Member alluded to,
&dated most solemnly that he bad never received a shilling
for the appointment.
Mr. CROIER denied that Mr. Tulsa bad ever brought
' to him any recommendation from the Honourable Member
(Col. Cresbie.) He had intelfsred in the case solely on
Its own merits. •
Mr. W. WYNN did not think that the petition could be
radved, as it charged an Hon. Member of that House with
asiledietable offence. Irthe petitioner felt himself aggrieved
be Sight •iteek redress In a Court of Law.
.Mr. BROUGHAM said that the Hon. Member against
whom the charge was preferred. bad now an opportunity of
vindicating himself, which be presumed he had done to the
*defection of 'the House. If,. therefore, the petitioner
shOOldepply again to the House, and persist In the charge,
be test bear all the responsibility of a breach of privilege,
should it be found groundless. lie concerted In the propriety
of withdrawing the pettlitia in the present instance.
Petition withdrawn.
agg 81R WILLIAM A'COURT.
' ACKINTOSH gave notice that ouThersdsy next
he should move for (epics of the instructions sent oat by•his
.Iffejesty's Ministers to Sir Wm. A'Coert, for the estrulation
of his conduct in ease of changes produced by the Cortes in ,
the Government of Spain. • - t
Sir T. AC LAND presented a petition from e,yettsh le Ds.
vonshire, against the Coal Duties.—Laid on the table.
• ADMINISTRATION OF JUSTICE IN IRELAND.
Mr. BROUGHAM rose •in pursuance of the motiou at I
which he had given notice, to all the attention of th 6 Hotta
to a subject of the greatest importance—the administration
ofjustthe in Ireiend. Ile bad reason, he said, to dread the
dirt-silty of the task which was imposed on him, when he
considered the momentous nature of the question, the great
talents that had so often been employed upon it frees all
sides of the House, and the net multitude of persons whit
looked with so much anxiety to the result of. the present
discussion. But above all, he felt deeply sensible of the ar-
duous lay he bad to perform, when he looked at tie strength
of the ease which had been committed to his baud. by the
body of persons whose petition he had yesterday presented.
Ali those eirostiestumes combined, with the existing state of
**sister kingdom, served to render the task peculisiiy
dit-
Salt; but it was rendered still more so by another cause.
Per whereas the intolerant policy which had governed tra-
m hied, had long been matter of discussion in that House.
and had frequently been handled by some of the ablest and
the-wisest men that the country had ever produced; and
whgreas the great desideratum sought, was the answer to
this question—What is the practical ed.ct of the system
of tbe penal thirst—and whereas the persons whose peti-
tion he had presented now came forward with the best
answer to stop the mouths of -those who said that they had
no practical grievance to complain of, by proving to the
world that justice was not equally administered be-
tween Protestants • and Catholics in Ireland ; yet these
petitioners, while severely feeling all the evils of which.
they bad so much taloa to complain, still omitted to state.
particulars, and welti, into general allegetious. He did
pot mention this es matter of complaint against them, but
• fib a fact necessary to thefe defence, for having seat
alit were, beisiess ipto (Art. Ho was therefore reduced
to the Deljeteity of adopdos one of two alternatives—either
ofghing over the,gteeed which so, many more able Eta bad
hod before Ming or of having resomle to the no lest tole*.
Saitpegieet Of supplying those materials with with***
pelltionees hat not thrashed him. This wield oppose 0
mlielbst oversight oil the pert el the petitlihers s ho
restaily the, House eight tether* was". eslM nie-
W•4irtey it weld sass them. Tlterelltedd
aot give the Hotta credit sewing *Bide of the 'Meal •
state of things in teethed; they amid sot think of telling •
Honourable Members that the law was not equally and lb.
partially administered in that country they could no moat
think of. doing so. knowing as they did and sureties wader
the severity of the inquisition system, than Honourable
Members could think of stating facts which all men were
ready to Admit, such as that in England Juries were not
packed. judges were decorous and did not indolgeln ribaldry
on she beech. that Chancellors hell the seals of justice even
betimes Protestants and Catholics, and no • Chancellor
welptithrike aa iodividual oat of the commission of the
psalm, who kotrer not the offence with which he was charged,
and *as .gully ignorant of his accusers; or that is poor
man was sore of petting jostles against a great man wheuer
he meld afford a bribe to the Under Sheriff or not; (hear,
. hear), or pureeing the statement still farther, that Honour-.
able Members should say, in reference to the law of Eng-
land, that however poor a man might be, the Court of taw
Was open to him. Nay, that though differing from the
established religion of the land, and advocating sectarian-
ism; still that he would Ind both law and justice equally
accessible' to his, as if he performed hiedevotions In the
Cathedral eithreh. So be took it, that the important class
whose laterals were represented by the two thousand
jimmies who bad signed the petition—and here he would
observe. that it would have been signed by tens of thou-
sinds
bad there been timecould not for a moment pre—
stead that ignorance oil the part of the House in matters of •
notoriety. The petitioners represented .not
less ;than 0,000,00 e of British subjects. who well knowing
tbasille law In Ireland was • not the lame as in England,
wield. if to assorted the Contrary, be guilty not only
of flattery but of gross -rockery and. insult, to the human
uoder'itendiag, feeling ea they must that the law was not
equally dispensed to all classes, without divination of
wealth or poverty, end still less was it equally dispensed
among the adverse adherents of conflicting religions sects.
They had, therefore, omitted to particularize those
seasons !busts' in the adaiiinistration of justice in Ire-
and; which • they wield not give the House credit for
Irlorsot of, any more than the House weld give
izr=o fbreigeera, for being ignoraes at the opposite
Jii•Jrqgland. To soh a pitch was the system of
".laCeievernsseat end misrule carried on in Ireland, that
:the people of that emistry completely last the articulate.
lagosge of remoostrance, end And recourse to the et-
teinit:l4th: float PitrienNt el.cewsass thin
es eons' is'itisfoure they
and
wee more thatprobable, that at the very moment he was
• now Spatial, free! outrages were breaking forth. Ws/
jt sot a feet gaits eitoriovs to the House, that for the
last thiity yeast. Ireland was not in 11.) alarming; so tepet
thane Oats of it the present I—(tlear, bear.) Of what wail
it that the Catholics asphalted I—what was the
.grievaeces
Web they ;fished seitgr,o urge on the sureties of.the legis-
lator.? It was of ibb intoldraide abuse of the law, of the
flotation of jpstice. Md. with ttutb, that the lan et
naiad, was unequal ligaigtons; hilt they malntalded
,Get the gross partieli dministration of it tended
most mat to s riblite• its severity.. He imeteaded
tbht mesh, *ego( Itseit.soficient to este-
Meshy' _6e.iggeoplatof the petitioners. If the
petitionerS eosin feirtiarliated demanded inquiry, this with
4100 Min testes Wbuithey oleo to be beard. .But it was
Only setessary to 'emitter the state of the lem..to be per-
seeded that SW tag as man eatititted se be intuatel by the
feelings ethane^ setae; it' must have I eqedideighla het
dance °tithe winds of Judea and Jurors. That is* could'
eat be jest, Winch Separated the people into two partied.
The liw of England held clay men to be every mall erg-
thereand the King Was held to be the father of MI, attesting
to with paternal eoliCitaide. In Ireland,
hdMeser, MN ease Was vary different. In that unhappy
eseisitry the' law marshalled men agliett men, and scat
ageless. Met: . There wave ievidious distisictions on the
dee. had. and religtout animosititi on the other. • This
weir a. state of things hotrible t.. contemplatet, but it
came one thigh could flitter be reatedied, rid another lad
tety dlftftent Systeni irS adopted. Afton; English/nets
there Watt ito 'distinction bet tbet of natural born sithjeets
and slices, And id better there—times when the spirit of
the Constitution Wes mere sti*tly adhered to thee at pre%
sent, even its the term alien was wet in Kurland modea geound
Ake ititlikildleS pelted settee:ion free the iodividaell

t ,

'

• .

` r`

•A

3

_ . .
But in Ireland the law held en opposite. tattier than a elf:-
ferent language. Patti Cider Meets, sad OMNI ferns of
worship served to separate min from man, end lead rata} . .
respective adherent to oppose with vehemence those who w
hold contrary opinions es sleet)* as be held his own:
It would be recollected • that great ireprinraineets bad
been made in the system of Irish policy, by the 'Acta*
passed in 1779 and 1793. Party dining-ions nor in •
some respects done sway, and the severity of the low - '
was to a certain extent mitigated. 'fhe peual stenctini,
that remained, were is the eye of the plillewiphee; 441-
talons and absurd, affordisg nothing in the "iy of seen. ,
City to the Protestant- establishment. and heing worse '
than nothing as an insult to the-Catholic swim Ito of •
Ireland. The Right Hon. Secretary for Foreign Affairs,.
(Mr. Canning) bad ssid that the Legishosre hzia taken
away the fetters, and why not also take sway the mark
of the fetters ? They had. is fart, taken away the elsafg
which tied down 01'00.o-ties of I re'aixl, het Os *
left a small link to gall and goad them." let as •,' .
the mark of the Tenet remained, so. longorrattli ;: • -
who bore it burn with resentment and Itratitsti!listi , * • .
could Ireland'expeet to he restored to #osi*iothit e ils. .:. • ' •-• w-t
lity till every traetimf it was rerouted,. essopei- .. •
of, baman ininoity zotinuoth that. party didtmietritic
mere sanctioned by perverted law, dell•lsould &twain •.. ...
*gusto - the public mad. TUC peiotipia* equally in- •
isencettitose who presided oft' the Bench, se well's%
these who sat In the Jory:Box. .'*. lint they kept. the sore* •.tr
'tilt rankling, while they kept.. tip the - aliens dining. •
lions of sects and partite, • 'My* 'soda one do,trind r
to all=-Judges and Jurors. The atild humane inarreare • t
of British law—not a law that had been implii, Übe ' ,
this country, or that owed its origin tolbe. :Mit:Mile •
anee, or was supported to .its operation by-Carestothe—s
(Cheers);—that ley wan Perverted anl corniiit.4l, the
astern persevered in is Ireland. The itortrine etediffial-
that the law was so reapecter of persons. allowing' mete
to worship according to their consciences. bat amotnimi •
theist at the same time that thee dtd so at 1041 hip**
temporal and secular peril.--(Rear, hiari.)•'`The Ike
point which be should urge was, that the tattholleerhil4
inn ground to complain that so long to these lat.► 1..
rant eistinctions.were maintained, justice could sot lo
done them. Bat he must now go somewhat sense Lae
detail on the facts of the case—meaping rather ta give
specimens of the state of things, titan to enter into any
elaborate statement, which could not he expected ?r..n
him, considering the imperfect knowledge he poseofte4
of the transactions in question. However, be seestl
now mentiod .it few facts, and -he • wished it to be
understOod that he would state _nothing' which be
was not prepared to prove by evidence at the irar of the
House. la fact, he desired to he considerti epee this -
point king at the bar, the statement lie had to
b make e , tirely of a practical *store. • lie shoal!
be
now lee the first iastaoce with. the Marfaresey of
Ireland, the manner in whiclh. Janice was brought
home to every roan's door by the Mel joristic• i.nt of the
countey. In 'Ragland abuses-bad hbta Oaten) t.‘e crept
into that department of the administration of the boa, bea
they were corrected by vatforts Acts of Parliaments, retch
beep protected the Magistrates, and restrained stela from
asiag their power to.the prejodice of the Knit', ashiectsa
It, would be as ridiculous to say -that there moo net
sense unworthy characters occasionally in belated alls
the Magistrates of Engla.ed, es to say that there were
some to be feuod among the Magis rates of Ireland.
1--Bat.lo Zeeland the away was speedily• corrected
ivbeta tie facts of the ease weireifibltsbed, whereee
the reef contrary happened in Ireland. to Slighted
' site Chancellor could not discharge e Magistrate, stolen
upon the strongest evidence of misconduet. He (Mr. B.)
bad known a case where a Mag *trate was indicted foe
perjury, yet the Chancellor wou'd not oust Van from the.
coloraisston of the peace because he had been acquitted of
the charge. In Durham the Bishop, who acted there se
runes Rottdorson of the comity, was obliged to reinstate
a Magistrate for not having ham brought to trial before
he bad hint deprived of hie offtee. Howevee, it appeared
that Lord Redesdale and the late Mr. PoosonKy agreed
that this principle would sot answer is Ireland. Now it
was on that point that he fodnded bit Brat objeciots. If
the principle was foued to auswer in thus country,/
wee it not surprising that men should **claim against .
egtendipg it to Ireland ?—(Near, hear.) The dial'.
once could only arise from, the stuff of whicit
Justices of the Peace were made is Inglanda .
being- so much happier than that of wilful) they Went
made in Ireland.—(A laogli.) He would new call
the attention of the Hesse to a few eatborities in
support of what he had to- offer on this bead. The lati •
Lord Oosford had described the Justices of the Peace in
Ireland, as suffering the spirit of impartial Janice to dim
appear, while their own supineness was a topic of general,
conversation through the eonntry. By 'supineness he
meant of course their disinclinstioo to redress eiotesee.
The late Mr. thane's, Who was strictly a party auto, but
he (Mr. Brougham), in the whole of his experience, need
knew ady man who had.so strict a regard to stare facts
With accuracy. Ht was a man who nevelt suffered him.; •
self to be led away by the Influence of enthosiesm—a
man df singular leiteadout and great moderationaottlec
from the des time he entered that Mime, -down to ete6
last Ototielli; pie the dank •slgoal proofs of extremists
,ferbearence in all things that related to Ireland. That
great wan bad said that the Government tritiedirith toe
*unbent weaver, when they pent him for redrew to a
titets.i Jury, whose sickness wit the cause of his Rik.
add destractiod. The, late- Mr. Ponioniby bad said -eVlk
'the %keratosis., ofireland,toe often lid any thing beat
What they ought Where' Ilene. Some pere.ont he-eta
served, who'had• bite screams to'Nobleineti or tiedrk-
Men, and ethers who Lad been waiters at ,coutitry. ions
wife ulade.filagistrates.• What,-he would ask; clic& tiel
eepouted from such mew? • Judge Day Charged the Ma: '
gistrates of Ireland with negligence • with injustice, and
corruption. - Lord Kingston laid that penmen hid wept
into ave commission of the peace that were a disgrace to
the Illsgistriej, and that deserved to be banged ratber
thab be made Ma_glitrates of.—(Hest; and a leogh.j Thd
late
.M r. Jtistice Fletcher ill the able end elaborate --largo
which he deliiered to tbe Oridd Jeri of the Comity •of
Wexford at the Summer Assites of 194-4* chhige of
which it. would only lay thit be rreiervead a Cli:ttre that
let forth so rusty truths in -to clear a light. is ever
bated rose so soudd in doctrine as- that celebreted•charisi
—4-lethat charge that able Judge, talking Of tee Magie;•
, trams, Maid, " the country has seen a ldrifistrat y ever=
selteesin smile instances, and quite *spier in tonere,—
•Thisiurcittiftance hat materially affected tile idmlnis=
hankie of the liras in Ireland." * Arlin, i • reference to
the mischievous consequences ariSitig feud Orestio Arse
moraine, be said, ".1 hare lotted tan those iii.letiee
'celled Orange Societies, hate predated Moat Mlictiievatio
etfecte, and particularly in the North. of &eland. ' They
Ipoieusethe eery biuntains of jOitice—(itear, licara)--i-and
-eve, aosie Magistrates, udder their iistlinuttli; tante *id
too many ins•incea. violated Illigir dutyWnilztheig parka:
—(lkea:, bilar.)*-1 dd not hesitate I, !lay:thrill assoz
flattops, of every description, in this coon sy, whetire/
Orange-men Or Itibbowniess—whebee riistadauiehet 1
tie, colour of Oraiige or of greed =• ell calmb•rhsti ad
persons Vaitnd to each -tither by the siblig.
*Okla Italie fora common purpose/ e

i 'i

, ..7
9 (

qtait
pog tb

s:r • j'.;

4:

,5 •

f

' ~ti

\
fg' •

4 C

I

;
%If.*

y►

~~~ ~~
~ ~

/

)
!.. •
14
w• $
t. 4 . ..

s

, ..

~,