The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-08

moved upon this petition, and the motion was &C.
conded, but il was opposed by the govern ment
then; and il il 10 opposed by the government now,
and by both sides OF the house, viii say that that
cepted and il all the relief they sought was not
given, an inquiry ought to have been instituted
Nothing, however, was done: II was secuted out
Of this house, and he knows little OF Ire land, little
of the people of Ireland, who thinks they could
feel otherwise than hurt al the Injustice that was
done them. And when You offered no remedy,
was it not their duty to look out tor remedy
| thing within the limit of the law, TO remedy the
political insult and the physical sufferings Of the
country' have at greater length than intended,
| unon-I will say the follies OF England. have
but little more to saw; but have, in the name Of
the people of Ire land, andI do it in their name, to
protest against the late prosecution (hear). And
protest. first, against the nature OF that prosecution;
iorty-tbree public meetings were held, and every
one of them was admitted to be legal not was
Of them making on the calendar Of crime cypher;
but by multiplying, cyphers, you come, by
species Of legal w.tchcraft, to make it a number
that shall be fatal 90, one meeting aS:k is legal,
and three legal meetings you say make one illegal
meeting. The people of Ireland under stand that
you may Cypress them, but not laugh at them.
striking out ali the Catholics from the jury panel.
There is no doubt of the fact Eleven Catholics
were upon the jury panel, and every one Of them
| was StIuck OUT lndt TACT, say, Is unulsputeu,
but it has been met with excuses. and there must
always De excuses tor wrongs done. know that
the noble lord opposite said he had a precedent,
and he quoted one. was not in the house at the
time, but the ordinary channels for conveying what
| Is said IN this house reached me, and there saw
that the noble lord charged me with having packed
Catholic Jury; perhaps he did not use the word
pirate. | am not so refined the noble lord, but
my word is equally significant; The noble lord
charged me with having arrayed Catholic jury to
and admit it as serions charge; for though
held public responsibility had the responsibility
which every gentleman OF the bar has that ne shall
conduct his by the rules of solid justice, and
The case which the noble lord alluded to was that
of General Bingham He was distinguished Off
an alteration with another gentleman. He rode
his horse at him, and showed hun into dyke by
the side of the road. That is the great case-the
state trlal--at which | packed popular jury;
IS the important trial. Now, it happened that the
attorney for the prosecution was Protestant, and
the counsel, Mr.. Feargus O'Connor, was also
Protestant; and whatever was done was by the
Protestant attorney and Protestant counsel, for
was not in the court at the time, being engaged in
another court. But was the jury exclusively Catho-
princples-Mr Baker and Mr.. Clark, were upon it,
and it happened singuary enough, that there was
a third Protestant juryman: Mr., Traverss a
Catholic, was taken i'll, and Mr.. OlIaigh, Pro-
hear) General Bingham was a Protestant, and
if he had been violent Protestant partisan,
and the prosecution had been vigorously main
pss oo sl pa y whe e eaussd
it. think now have indicated myself from that
charge. Then had sent me list OF two other ju,
res. on one of which there were five Catholics and
seven Protestants.. 1t happened at the trial OF
Catholic priest, in 1928. For what q? For the
crime of conspiracy; and what was their verdict?
Why, they found an immediate verdict OF guilty,
th<N..t Loy VIA
Of sedition, and that jury there were ten Catho
lies and two Protestants. The man accused was
Catholic, and they found him guilty also without
leaving the box Asa general principle therefore,
than that ten or eleven Catholics would perure
themselves tor any purpose Protesting, IN the
name OF the Irish people, against the nature OF the
Tor the mode in which the jury was selected; but
| they have told me to complain also Of another OBJ
lection, and that is the diminished jury list. am
sure the honorable and learned gentleman intended
| no wrong; but what was the plea to the challenge
of the array II did not aege fraud generally, as
IN the Welsh case; but it alleged particular fraud
the fraud of striking out the names set out in the
plea. 1t alleged that they were fraudulentiy omitted
with the intent injure the of the traversers.
Aud ito the jury panel, the allegation Is that 1t
also was fraudulently done, With the intent to IN
jnre the raversers. was not in the house when
the hon. and learned Attorney General for England
than whom no Attorney General ever conducted
| a state prosecution with more proprety than he
did-said there was no reply to the plea because
the persons were not named. But surely that learn
| ed gentleman cannot forget that man may be
tried for murder without naming the person MUIR
dered. An indictment for killing person un-
known, is as good an indictment as if it set forth
his name. And lift were not so, the most serious
consequences would follow, for crime would in
many cases escape with impunity. But would II
not have been generous and proper, when fraud
was alleged and proof offered, to have met that
proof? and if the fraud had not been proved there
would have been verdict for the Attorney Gene
| raj. He did however wisely and we'll in shrinking
from the trial. because he knew it was true. Sir
| have but one objection more to make against the
trial and then have done. And should make it
with some regret if it did not form part of the
lege that since the days of Scroggs, there never
so one-sided charge that delivered by the Judge
who presided at the prosecution hear, heal" "
from the oppos,t,oh1 These s "a, are the complaints
and now turn to you and ask what you will do for
them! The keeping an army perPetually in ireland
Will not answer suppose that Is not your plan
What supplies will you have forge colonies if you
keep y 900 or 70 900 men always in Ireland You
must do something else, and by those channels
through which ! discovered what the noble lord
| said find you have made some proposals for anne
Iteration. The first Of these is the enlargement Of
the grant to Maynooth for the purposes of educa-
ton. Well, join you in that. am pleased to
find you intend to improve the education. You
cannot educate too much. You may educate for
formidable purpose against yourselves, for part of
your security is the ignorance of the Irish people
grant which rejoice az, for tell you il is con-
citation and will please the Irish people The next
thing which am told you intend to provide Is
charity bill-what is called Lands Bill, or the Eng
lish Catholic Charity Bill. Now you could no. do
a greater mischief to the Catholics of Ireland. |
| cannot have any objection to that bill, because /
brought IT into this house. endeavored for two
sessions to carry it, but the hon. baronet, the
member for the University of Oxford attended every
evening in his place, acting, no doubt most consc-
en,iously, and actually wore me out, for having no
day that l could appoint, was obliged to give it
up. complained TO the then administration, and
they got Mr. Land to bring in the bill, and passed
IT, | am not therefore complaining of that bill ;
but it is totally lnapplicable to Ireland The sta
tute Tor superstltOus enacted in Ire
| land. II was statute OF Edward W.. and what
| IS curious, a mere retrospective statute but
| Lord Eldon determined TO treat II a. II il was