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Marquess then repeated the terms of his former statement.

Lord Plunkett assured the noble Marquess, that he had no desire whatever to misrepresent him. He would take it as the noble Marquess took it, that with respect to those fictitious signatures, there was no charge against Mr. Lindsay. The magistrates, however, did not look upon the case in that harmless point of view. They had held a meeting in the month of July, at which a deputy lord-lieute

having been formerly chaplain to the Grand Orange Lodge of Ireland), an Orange flag was hoisted upon the steeple of his church during his absence. He did not say, that the rev. Gentleman absented himself purposely; but he certainly looked upon the circumstance as rather more than suspicious. The opportunity to give an explanation, had been afforded to Mr. Holt Waring, of making any explanation which he might desire; the case rested in his hands. No such explanation had as yet reached him. Henant of the county had presided, and had stated to the noble Marquess, the came to a resolution, stating, that in conlord-lieutenant of the county of Down, sequence of Mr. Lindsay's conduct with that he should be most willing to restore respect to these fictitious signatures, they Mr. Holt Waring to the magistracy, if would no longer sit upon the same bench the conduct which he had displayed in with him. He did not know, whether former years upon the 12th of July were Mr. Lindsay had been imposed upon or not repeated. He had not, however, as not by those fictitious signatures; but yet received any explanation of the rev. here was the fact, that the magistrates Gentleman's absence upon the last 12th refused to sit on the same bench with of July. He hoped, that he should yet him. The noble Marquess should, howreceive that information; and upon his ever, have followed up this statement with receipt of it, it would give him great satis-regard to Mr. Lindsay, by stating, that a faction to restore Mr. Waring to the ma-subsequent meeting of the magistrates was gistracy. With regard to the case of Mr. held in the month of August, at which John Lindsay, the noble Marquess stated, five or six of them expressly declared, that that individual had been guilty of that they did not impute to him any share forgery. or knowledge of the improprieties conThe Marquess of Londonderry: Inected with the forging of the signatures merely stated, that he had sent forged in- in question. The noble Marquess should struments to the Government. have stated, that these magistrates thus retracted the charge of forgery which was Lord Plunkett: The noble Marquessoriginally made against Mr. Lindsay. He charged him with being the instrument by had been induced to appoint that genwhich these forged documents were for-tleman to the magistracy, in consequence warded to the Government.

of a letter which he had received from the The Marquess of Londonderry: What noble Marquess, the lord-lieutenant of I said was, that Mr. Lindsay was the me- the county of Down, stating, that Mr. dium of forwarding to the lord-lieutenant Lindsay was a very respectable man. He a memorial, to which certain false signa- had accordingly appointed Mr. Lindsay tures were attached, some of those sig-without any inquiry as to his political natures being of persons who had died, feelings. Was he to remove Mr. Lindand others the forged signatures of per-say from the magistracy on account of this sons living; and I further observed, that transaction, more particularly when the he had stated before the magistrates, that charge of forgery was withdrawn? In those fictitious signatures were true signa-point of fact, the charge was not insisted

tures.

upon that Mr. Lindsay had knowingly deceived any person; all that was required, was an apology from Mr. Lindsay. The magistrates said, that they did not object to sit upon the same bench with him, provided he made the apology. Now, it certainly would be rather a strong thing to The Marquess of Londonderry hoped, call upon him to dismiss Mr.. Lindsay, bethat the noble and learned Lord would not cause he had not made that apology. The endeavour to fix upon him any thing which noble and learned Lord read Lord DownThe noble shire's letter in 1833, recommending Mr.

Lord Plunkett: The impression on his mind was, that if the noble Marquess did not say, that Mr. Lindsay had forged the instrument, he had at least uttered the instrument, knowing it to be forged.

he had not in reality stated.

Lindsay to the situation of magistrate. He also read the copy of a letter written by himself in August, 1834, to Lord Downshire, with reference to the memorial against the rev. Mr. Sampson. In this letter, he described Mr. Lindsay's conduct with reference to that description, as highly indiscreet, and stated, that it was due both to himself and to Mr. Sampson to make that gentleman an ample apology, but that he doubted, whether he could at all take cognizance of the circumstance, as it had not occurred in Mr. Lindsay's magisterial capacity, and it would require a great deal of argument to convince him of the contrary. The noble and learned Lord proceeded in this letter to express a hope, that the magistrates would not allow any personal resentment to interfere with the discharge of their sworn duties; and, in conclusion, he expressed his entire opproval of Mr. Sampson's conduct. The Marquess of Downshire inquired whether the noble and learned Lord had the letter written by him in reply?

Lord Plunkett replied, that he had not brought the letter with him; but, that if the noble Marquess desired it, he had not the least objection to produce it, and to this part of the noble Marquess's (Londonderry's) motion, he was quite ready to assent. The noble and learned Lord next read a letter addressed by him on the 27th of August to the Marquess of Downshire, in which he announced his receipt of Mr. Lindsay's memorial, and stated, that he owed it to Mr. Sampson to say, that his opinion of his conduct remained unchanged. The charge against Mr. Sampson was, that having compounded with his parishioners at the rate of 1s. an acre for his tithes, he had afterwards claimed under the Corporation Act, 1s. 6d. an acre. He was bound to say, that he considered Mr. Sampson to have explained the circumstance in a satisfactory manner. He should have felt great difficulty on this part of the case in removing a magistrate for any mere act of impropriety which he had committed not in his magisterial capacity; but he was relieved from this by a letter from Mr. Lindsay, in which he stated, that upon reflection he should not employ the expressions which he had used; and he went on to say, that he could not make any apology until the resolution of the magistrates was rescinded. Now, he must say, that he thought Mr. Lindsay was

quite justified, after the charge which had been brought against him, in refusing an apology until those resolutions had been withdrawn. His answer was, that he was not a judge of etiquette, and that it was impossible for him, as holding the great seal, to point out what apology one gentleman should give to another, and he inquired whether any of the gentlemen in question could seriously reconcile it to their sense of duty to decline serving on that account. Now, he would beg to ask their Lordships, whether he had not shown a proper attention to the feelings of Mr. Sampson on the one side, and a proper feeling of caution as to displacing a magistrate on the other? One word more as to Mr. Lindsay. He believed, that the magistrates did take his advice, and did not refuse to sit with Mr. Lindsay, and that Mr. Lindsay did continue to be a magistrate two years. In the mean time, a general election had taken place, and Mr. Lindsay had taken an active part in the election. The matter was then revived, and the complaint was made, not on account of his having refused to make an apology-not for the memorial which he had presented-not for anything done to Mr. Sampson, but for his having taken an active part in the election. He was not aware that anything had taken place since that time to inculpate him. There had been no restoration in this case. Mr. Lindsay had continued to be in the commission of the peace. Therefore, when it was said, that the removal of Mr. Sampson and the restoration of Mr. Lindsay were simultaneous, it was a complete mistake; and, further, Mr. Sampson was not removed till two years after this transaction. He would now merely show the way in which the list of magistrates had been so much reduced. The entire number of magistrates was originally 4,160. The reduced list amounted to 2,690, so that the difference between the original and the reduced list would amount to 1,740 omissions. This would certainly appear to be a very extraordinary amount of omissions. But,in the first place,out of these 1,740, no less than 450 were dead; 252 were members of the police force, and were necessarily removed from the magistracy; 134 were military, and were removed on that ground, and 230 were clergymen, and were, on that account, removed. These amounted in round numbers to 1,070 persons. Of the remaining

Lord Brougham thought there would be no objection to his noble and learned Friend's reading these letters in his place; but he saw a great difficulty in an address to the Crown, calling on the Lord Chancellor to make public his private letters and communications. Besides, it would not do to ask only for the letters of the Lord Chancellor, and not the confidential letters of the lord-lieutenant. He could not consent to a garbled correspondence. In his opinion, his noble and learned Friend had met the charges made against him most fully, and it seemed to him that if this motion were agreed to, it should be agreed to with a most particular protestation against its being drawn into a prece dent, and when a protestation of this kind was necessary, it was the safer way not to call for the correspondence at all.

400 persons, 64 had been restored; that | body well knew the advantages which had was his (Lord Plunkett's) crime; and as arisen from the establishment now generally to the 336 yet remaining, that made an throughout Ireland of petty sessions, and average in each county in Ireland of 11 Mr. Trevor Corry, who had been a magismagistrates. Now, of these some were trate of the county of Down for upwards disqualified for non-residence; some for of thirty years, had been the first person non-attendance at petty sessions; others to establish them in Newry, a large and were disqualified from want of property, populous town, with a great trade, and or disabled by holding certain offices, such consequently affording much business to as that of coroner, or secretary to the be done by magistrates. The hardship grand jury, and the like. There were which had been felt by Mr. Trevor Corry only three or four cases where the parties was, that the accusation having been made were removed on special grounds. One against him last year-an accusation of these persons had been removed be- which, from the best information, he (the cause he had been convicted of using false Marquess of Downshire) could state was weights, and another for forcibly marry- unfounded-an investigation took place, ing. He supposed the noble Marquess and that gentleman was removed from the would not insist on his retaining these commission of the peace after that invespersons in the commission of the peace. tigation had terminated, and without any communication being made to him by the Irish Government. That removal had made such an impression on the mind of Mr. Trevor Corry, who was a man of most sensitive feelings, as considerably to increase the indisposition, which last month was terminated by his decease. It was but just that he should add, that Mr. Corry was a man of the highest respectability; that he had been intrusted by the Bank of Ireland with the management of their branch bank in the town of Newry, and was altogether a most fit and proper person to perform the magisterial duties. The noble and learned Lord contended, that he had done nothing more than his duty in the course which he had pursued, but the misfortune was, that the noble and learned Lord had not had the whole of the facts before him. He rejoiced the The Marquess of Downshire expressed matter had been brought before the House, a hope that the noble and learned Lord and had been listened to by their Lordships would not object to the production of the with such becoming attention, as it would papers arising out of the inquiry into the show not only the friends of the late Mr. conduct of Mr. Trevor Corry. A very full Corry, but also the country generally, that investigation took place in the month of in this House the complaints of any class of October last, and after the inquiry had her Majesty's subjects would always receive terminated, no communication was made that consideration which they deserved. to Mr. Trevor Corry by her Majesty's Go- He could not but complain, that the late vernment in Ireland as to what they in- Mr. Trevor Corry should have been kept tended to do. They gave him no answer waiting from the month of October last whatever, and in February he wrote to until his death without any communication, Mr. Drummond, the secretary of the Lord- and that he should never have been inlieutenant, to know what the Government formed by the Irish Government whether intended to do. Now, Mr. Corry and his or not the Government considered the brother were the first persons in the county charges well-founded or not; indeed, the of Down, who took upon themselves to only information he received, was the hold petty sessions before they were called omission of his name from the revised list upon to do so by the Government, and of magistrates. This Mr. Corry had felt before they were required by law. Every-deeply, and the circumstance had a most

ious effect upon his health. With red to the case of Mr. Holt Waring, he e Marquess of Downshire) must say, it his communications to the noble and rned Lord opposite had met with every ention and respect. Mr. Waring was a itleman of large landed property, and complaint against him was, that he absented himself from his residence 1 his duty previous to July 12, 1837, 1 the noble and learned Lord seemed to nk, that Mr. Waring had gone away posely. Such, however, was not the t; for there had been a letter from that tleman stating, that he was detained Dublin on particular business, which wvented his return home until two days er the 12th of July, 1837; and, with pect to that day in the present year, re had been no display of emblems to extent to make his presence necessary. e cases of Mr. Lindsay and Mr. SampI had been investigated so long ago as year 1834, and on that occasion Mr. vor Corry had interfered, and envoured to reconcile the differences ween those two gentlemen. The then rd-lieutenant (the Marquess Wellesley) nself interfered as a mediator, and all retted, that the efforts made to effect a onciliation did not succeed. The rev. 7. Sampson, however, acted in a manner ghly creditable to him, both as a clergy-ting handcuffs upon him? He admitted the in and a gentleman, and if he had to oose between the two gentlemen, he ould certainly prefer for the magisterial nch Mr. Sampson to Mr. Lindsay. With gard to clergymen serving as magistrates, could only say, that in the county of own it was difficult to induce them to ke the office. On the whole, he connded, that the state of peace and trannillity, and the absence of crime from at, county, was highly creditable to the agistracy.

to those Members of the House who were lords-lieutenant of counties, he (the Earl of Wicklow) must declare, that as far as his experience went, he had no reason to complain of the revision which had taken place in the lists of magistrates for the county with which he (the Earl of Wicklow) was connected, and he was especially satisfied with the omission of clergymen from those lists. At the same time, he thought the Irish Government ought to have found other persons who were willing to take on themselves the magisterial duties, so that no district should be left totally unprovided for in that respect. With regard to the statement of the noble and learned Lord in reference to the cases of Messrs Lindsay and Sampson, he was perfectly satisfied; he, however, was by no means satisfied with the noble and learned Lord's statements with regard to Mr. Trevor Corry and to Mr. Holt Waring. The former had great right to complain, that he had never been informed of the result of the investigation. The result, however, upon which the noble and learned Lord had acted was, that Mr. Corry had manacled and kept in prison an individual for some hours. Now, did not the noble and learned Lord know, that instructions were issued to all the police of Ireland, that they should take no person prisoner without put

The Earl of Wicklow said, that though e had no connexion with the county in uestion, still he wished to say a few ords on the subject now before the Iouse, in consequence of what had fallen rom the noble and learned Lord the Chanellor of Ireland: He thought the noble and earned Lord would have adopted a better ind more Parliamentary course if he had it once declined to produce the papers, and not to throw on the House the duty of negativing a motion for papers which ought not to be granted. As the noble and learned Lord opposite had appealed

harshness of those instructions, but the fault lay with the Government who issued them. Again, if the party was kept manacled in prison, the fault rested not upon the magistrate, but on the gaoler. The charge was not so much against Mr. Corry as against the persons in authority at the gaol. The whole case against that gentleman was, that there was a riot, and he handed a person over to the police. A more weak case he never heard brought against any individual. Then, with respect to the case of Mr. Waring, he had been the secretary of an Orange society, but it was subsequent to the dissolution of that society, that he was dismissed. It was true, an order had been issued, that no person connected with the Orange body should be introduced to the magistracy, but as soon as that body, which, be it remembered, had originated under royal auspices, and bad grown up under the sanction and encouragement of former Governments of this country, were given to understand, that it was the wish of the Government that they should dissolve

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their institution, to which they had been
attached from their infancy, as it were,
and in which all their feelings had been
enlisted, they did dissolve it; and, there
fore, so far from the fact of Mr. Waring
having been an Orangeman forming an
objection to him, it was a reason why he
should be retained. But, because, during
his absence from home, some person
hoisted an Orange flag on his church, the
noble and learned Lord determined to
dismiss him, without taking the trouble to
call upon him for any explanation, or
inquiring into the real circumstances of
the case.

Lord Plunkett: He was not dismissed be
cause he had belonged to an Orange lodge,
nor because of the flag being put up on
his church, but because he was a clergy-

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which they owed their appointments. The similarity between their names and those borne by gentlemen "elsewhere," at orice suggested the source. It was understood in that Flouse, that Colonel Shaw Kennedy was to be at the head of the force, and that he was to be held responsible for the appointments; and on the faith of that understanding, the bill was allowed th pass. But Colonel Shaw Kennedy was no longer at the head of the force, and if public rumour spoke truly, and it very often did, Colonel Shaw Kennedy resigned, because he was interfered with in the correct performance of his duty. He did, it was said, object to the appointment of many of these gentlemen, but he was overruled, and these were, he believed, the main grounds of his resignation. The bill never would have passed, but that it was understood Colonel Shaw Kennedy was to have the control of the force; sch a state of things no longer existed, and le could not help expressing his surprise, that Government had refused to lay on the table of the Flouse the correspondence which had passed between Colonel Show Kennedy and the frish Government, which, if produced, he had every reason to believe, would show the interference of the Government in the manner he had deThe Earl of Glengall complained of the scribed. He was sorry the session had power which was exercised by the stipen-been allowed to pass without an inquiry diary magistrates, and said, that he, for being instituted into the appointments of one, as a magistrate, would rather resign the police force in Freland. The Flouse his commission to-morrow, than have his wonid recollect, that the force was conconduct inquired into by the stipendiary posed of 8000 men, that they performed magistrates alone. There were fifty-four duties of a very onerous character, and, magistrates in Freland, besides some, therefore, the House was bound to lante others, who, in fact, also were stipendiary with great jealousy at the appointments magistrates. Before the passing of the made by the Government. He trusted, Police Bill, there were twenty-five ma- the next Session of Parliament would not gistrates, since which twenty-nine had been be allowed to pass without an inquiry appointed, of whom twenty-three had taking place.

The Earl of Wicklow: Then why intro duce the flag at all? Why talk of his having been an Orangeman, if it had nothing to do with the case? If he had been dismissed only on account of his being a clergyman, that altered the case; but then why not simply state that? He thought that the noble and learned Lord had made out no case whatever with regard to Mr. Corry to justify the severe and cruel manner in which he was treated.

and

never before held any other similar office,| Viscount Melbourne said, it appeared
and were placed over the heads of ninety- to him, that the noble Marquess opposite
six constables, every one of whom had had displayed somewhat of onpostifiable
served more than ten years in the consta- solicitade about the case of Mr. Corry,
bulary. It was very well known how those in supposing that his ignorance of the
gentlemen gor
gor appointed namely, result of the proceedings had brought on
through the interest of their friends in an excitement which had hastened his
Parliament, althougly, if he recollected death, because he most have known the
rightly, both in that House and in another result, having threatened to instirate pro-
place, it was agreed, that the appointment ceedings against the witnesses against how
of these stipendiary magistrates should not for perjury. If the conduct of Mr. Corry
be made a subject of Parliamentary pa was aot such as had been stated by the
tronage. In fact, it was not necessary to persons examined in the investigation
look to the names of the newly appointed which took place, then, of course, the
magistrates to discover the influence to noble and learned Lord had not acted

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