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receiving from the people that support which would overwhelm his enemies with confusion and dismay, and which would obtain for England, and Ireland too, a full measure of justice.

why it was, that the course of legislation was so needlessly interrupted in both Houses of Parliament? They were also asking why these daily interruptions were given to their social harmonies-why the proceedings of Parliament did not advance Mr. West: As one of the persons who as formerly in a quiet, a regular, and a took a part in the proceedings of the Proconcordant spirit? His answer to those testant meeting in Dublin, and who enquestions was shortly this:-" The reason tirely concurred in every resolution passed is because we have one branch of the Legis- at that meeting, hoped he might presume lature irresponsible to any human tribunal, to address some observations to the and, therefore, determined to pursue its House. The course which the debate had own paltry objects in defiance of the taken had, whether intended or not, inwishes, and at the expen e of the best volved him in some difficulty. The noble interests of the nation. It was a mistake Lord, the Secretary for the Home Departto assert that the National Association was ment, had come down to the House a few the spawn of its own wrongs-it was the nights ago, and in announcing his intenoffspring, the natural yet legitimate off- tion to introduce a very important measpring of the House of Lords, and of its sure had also expressed his determination mistaken policy. He implored the right to enter upon the subject of the resolutions hon. Member for Tamworth to shake off passed at the Dublin meeting; and to open the lethargy which had oppressed him and discuss the whole subject of his Maduring the last week, and repeat the same jesty's Government in Ireland. The noble acknowledgment which he had manfully Lord kept his word. Of a speech of great made in 1829. "I have for years," said ability and considerable length, threethe right hon. Baronet, attempted to fourths were devoted to the motives and maintain the exclusion of Roman Catho- insignificance of that meeting, challenging lics from Parliament and the high offices proofs, and demanding contradiction upon of the state. I do not think it was an matters which had little relevancy to the unnatural or unreasonable struggle. I Bill about to be introduced, but which resign it in consequence of the conviction had a most important reference to the that it can be no longer advantageously proceedings of that meeting, and to the maintained. I yield to a moral necessity conduct of his Majesty's Government in which I cannot control, unwilling to push Ireland. What was the plain object of resistance to a point which may endanger this? The noble Lord, either in a confithe establishments that I wish to defend." dence in the strength of his own case, or Now, with great humility, he begged leave in ignorance of the case of his opponents, to inform the right hon. Baronet that the hoped to introduce to the public notice a same moral necessity to which he had measure of very great importance, accomyielded before, and which he had confessed panied with such a popular impression as himself unable to control, had arisen again. he trusted would be made by the history The will of the people of England pro- of his administration in Ireland. Then claimed that fact in terms which could not came the reply of his hon. and learned be mistaken; and the House might de- Friend. He knew not to what hon. Genpend upon it that they were ready to sup- tleman on the opposite side the duty of port the people of Ireland in their demands answering that speech was allotted-for for justice. If the people of Ireland were that duty was still to be performed--that denied these advantages which their differ- eloquent and admirable speech, which the ent Municipal Bill had given to the people candour even of his adversaries would of England and Scotland, they would act admit presented a powerful case in defence wisely if they declared that the union of of his friends, and a strong inculpation of the two countries was a mockery, an in- the measures of his opponents. In this sult, and a reproach, and that it should situation the hon. Member for Bath came exist in reality or not at all. In conclu- forward, and with a sincere, or at all sion, he observed that if the noble Secre- events a well-affected, surprise at the tary for the Home Department would con- irregularity of the debate, expressing his tinue to pursue the high and noble course astonishment that it was not strictly conon which he had entered on the pre-fined to the question of the Bill, underceding evening, he might depend upon took to deliver a very eloquent lecture to

the Representatives from Ireland at both | Lord-Lieutenant of the county, was presides of the House, not only upon the un- sent to vouch the fact, and therefore there fitness of their conduct to the usages of was no doubt upon that subject. The noble Parliament, but also upon the grace and Lord, the Member for Leitrim, made a propriety of their gesticulation. And he different case, and one not consistent with would say that, as a moral teacher or an the doubts expressed by the hon. and instructor in those graces that ought to learned Member for Kilkenny. He rested accompany public speaking, the senti- Mr. Cassidy's case upon a sort of justifiments and manner of the hon. Gentleman cation of his resistance to the law, on the were quite worthy of the character he had ground of the unfair pressure of the tithe assumed. He had heard the hon. Mem- system on Mr. Cassidy, as an extensive ber with sincere pleasure; and as the grazier, and the noble Lord seemed to best proof of it, although he could take think that this resistance had no relation no part of the hon. Member's censure to to the case of the Protestant clergy; but himself, this being the first time he had the noble Lord had wholly forgot one fact ventured to address the House, he would stated by the hon. and learned Sergeantmost cheerfully pursue the course recom- the payment by Mr. Cassidy into the mended by the hon. Gentleman, and avoid National Association of the precise amount now, as he had ever done, those personali- of his disputed tithes, as soon as he was ties which were as disagreeable to the appointed Magistrate, and this as the Member who used them, as prejudicial to fitting amount and the fitting fund from the character of that House. He would which his contribution to that Association with great sincerity adopt the advice, as was to be made. Then as to Carter's readily as he wished he could adopt the case, no personal attack was made or ability and the manner, of the hon. Gen- intended against Mr. O'Loghlen. The tleman. But the hon. Gentleman, having inaccuracy discovered with so much proconcluded his lecture by deprecating all fession of triumph in the hon. and learned further discussion upon extraneous sub- Sergeant's speech was, that in a case jects, put forth all his power in an effort where there were three abortive trials, the to seduce the House from the true ques- first, which might have gone off, as it did, tion of the night, in a speech which he by an accident, took place when Mr. should consider, if not intended, at least Blackburne, not Mr. O'Loghlen, was Atto be an extremely appropriate one for torney-General. Now he was assured it the second reading of the Bill. But he was neither, that it was Mr. Perrin. But could not follow the hon. Member, He was it of the slightest consequence to the must rather endeavour to pursue the noble case which it was? The objection was Lord; and, being fully aware of the vital this: that by the innovations, in doctrine importance of the measure itself, yet, and practice, by the present Government, feeling that another opportunity would a horrible crime had escaped detection arise for the discussion of that subject, he and punishment, and a notorious convict would at once proceed to a consideration was not prevented from placing himself of the charges which had been made upon the jury at the second trial, and by against the Government of Ireland. And that means no verdict was had. It was a first, was anything ever heard like the fact not yet mentioned, that when the attempt made to give an answer to the jury, some of them Catholics, stated in speech of his hon. and learned Friend? open Court that there could be no agreeOf all the charges and all the proofs ad- ment, by reason of the conduct of that duced by him, there was no allusion made same individual, a son of the murdered in the reply of the hon. and learned Mem- man applied to the Judge who tried the ber for Kilkenny except upon three case to have permission to appoint his points the appointment of Mr. Cassidy, own counsel, to protect his interests. the case of Carter, and the conduct of The Judge had no power--he referred it Lord Mulgrave in discharging the gaols of to the counsel who conducted the case Ireland, and what was the answer to these for the Crown-an able and excellent cases? That the hon. and learned Mem- man-but their rules or their instructions ber had not been aware of the conviction left them no discretion, and the applicaof Mr. Cassidy for resisting the execution tion of the poor man's son was refused. of the law, and suspected it was not true; And thus, from whatever cause, a crime, whereas an hon. Member, the son of the which had struck every human being with VOL. XXXVI. {Third

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tration of justice as well as mercy-the keeper of the common gaol-to be the medium through which the merits of these malefactors were to be ascertained, and the prerogative of mercy to be administered. Did he exaggerate? Look to Colonel Yorke's letter, to the gaoler of Lifford to another letter respecting Meath gaol, from which twenty-one persons were discharged. It was the same at Cork, the same at Tralee; and the only impartiality and justice which he (Mr. West) could see in the transaction was, that every county was to have its due proportion of vagabonds scattered over it-and that there should be no county in which the Judges should not be impartially insulted. But if the true object had been the quiet luxury of doing good, and enjoying the consciousness of a benevolent action, could it not have been suggested, if it did not suggest itself to his Excellency, that he might at all events have waited until his return to Dublin, and sent down those warrants for the discharge which were the only sufficient authority to the keepers of the prisons? And with respect to the prisoners themselves, if entitled to a pardon they ought to have had it properly. There was no man who was not bound by many obligations to society, and it might not only be important to the prisoner to have the legal consequences of his conviction completely removed, but there were many cases in which the public might have an interest in it. Take him as a witness for example. The public might have an interest in his testimony-the conviction rendered him incompetent. At common law, his pardon must have been under the Great Seal; but a late statute had given a shorter process of restoring the competency by warrant, under the sign manual of the Lord-lieutenant, backed by his secretary. Now, he should feel exceedingly glad to know in what manner any of the very able lawyers of the Association would set about pleading such a pardon as this, given in the many cases of felony and misdemeanour with which the several lists abounded. That the Earl of Mulgrave, being the Lord-lieutenant of Ireland, came upon such a day, in a very handsome cap and feather-presented himself at the door of the gaol of Sligo--and then and there ordered the gaoler, who neither knew the Lord-lieutenant nor had any business to know him to let loose the particular offender, which the gaoler did accordingly

without any further warrant. On the irregularity of such a mode of proceeding he need not enlarge-it had been confessed; for warrants were subsequently issued to legalize the viva voce proceeding under which those prisoners had been discharged. The necessity for its being so legalized could not for a single moment be disputed. If it were he was prepared with authorities at once to show that that necessity was of the highest order. He hoped that the House would not be alarmed at seeing a lawyer come before them with an authority, but he should only call their attention to one. The 7th and 8th of George 4th rendered it absolutely necessary that, in order to the restoration of the full rights of a convict, his pardon should be made out according to a prescribed form. Anciently, by the common law, it was necessary that the pardon should be passed under the Great Seal; at present, however, the Act to which he referred, permitted it to be done in a more convenient manner-it could now be completed by receiving the sign.manual of the Lord-lieutenant, with the counter-signature of the Chief Secretary. In granting pardons to any persons convicted of any species of offence there could be no doubt that conditions might be annexed to the grant of such pardon, as, for example, that the offence with which the prisoner stood charged, he should give security not to repeat. of the convicts whom the noble Lord set at liberty, had been found guilty of an assault with intent to commit a rape, and he was discharged unconditionally. There were precedents enough to be found of proper warrants for the purpose. One, and not a very distant one in point of time, would be mentioned by a learned and hon. Friend; but he would venture to furnish another to the official and hon, Gentlemen at the other side, which might be useful hereafter. In the list of malefactors discharged from Sligo gaol, he perceived the name of one who had been sentenced to nine months' imprisonment for an assault, with intent to commit a rape. Something of a similar offence occurred in the reign of James 1st, and a pardon was granted, and the form of the warrant conveying the pardon was preserved. It would be found in the 2nd vol. of State Trials, 739, and a portion of it was in these terms:- THE PARDON OF SIR EUSTACE HARTE. "James Rex.Omnibus ad quos, &c. salutem.-Sciatis, quod nos de gratiâ nostrâ speciali, ac ex

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