the other would the chief commissioner have a seat and thus the grievance mainly complained of, that of not having a person in the House of Cominons to answer questions relative to the Post- office department, was liable to be left without a remedy. Again, he (Mr. Ellis) certainly conceived that whilst there was no objection for the Government to have a political associate in the House of Lords, he entertained a strong desire that the number of placemen should not be in- creased in that House; and, considering that such proposition came with a bad grace from the present Ministers, he should on that account, as well as for the other. reasons he had stated, express his hearty disapprobation of the measure. Bill read a third time and passed.
GROCERS' SPIRIT LICENCES (IRELAND) BILL.] Mr. E. Tennent moved the second reading of the Spirit Licences. Bill. As he understood that the measure was to be opposed, he would very briefly state the reasons which had rendered its introduction expedient. In 1836, Mr. Perrin, who was then Attorney-General for Ireland, brought in a bill to regulate the granting of spirit licences in that country, and in that bill was inserted a clause prohibiting the granting of a retail licence to grocers. The object of this clause was to obviate the temptation to tipling and intemperance which was held out to servants and others by the facilities and secrecy afforded for obtaining spirits at shops where the parties were ostensibly led by other business. It was only in portions of the me
the subject, reflection had confirmed him in the objections he first entertained against the measure. The object of the bill was, to take the affairs out of the hands of the Postmaster-General and vest them in those of three commissioners; the first commissioner to receive a salary of 20007. per annum; the other two, 1,2001. each, making altogether an expenditure of 4,4001. per annum. The expense of the present management amounted to 2,5007. yearly; it was, therefore, proposed to incur an excess of expense to the country of 1,900. per annum. Why were three persons required to superintend this department? He had heard no sufficient reason alleged. On the contrary, power was taken by the bill to give the whole of its duties not absolutely to three-they might be conferred merely upon two, perhaps only upon one; and it might so happen, if the Lords Commissioners of the Treasury, should so think fit, that the administration of the Post Office would be given to no new commissioner at all, but kept entirely in their own hands. Moreover, by the bill, the new commis- sioners, if appointed, were exclusively to follow the instructions of the treasury, so that, possibly, they were causing an en- larged payment of 1,900l. a-year for the sole purpose of placing the affairs of the Post-office in the hands of a nominee of the Treasury. Did such an enactment betoken the wisdom of the Government plan? The hon. Member for Bridport stated the other night that with respect to postage the country was on the eve of a revolution; looking however, to what was likely to be the nature of the revolution-tropolis and not in the smaller towns of that it would almost entirely be based upon increased facilities of communication, de- manding, certainly, not more, if not less, intelligence on the part of the head of the Post-office-he thought that was an argu- ment for diminishing rather than increasing the expenditure of the establishment. But then the right hon. Gentleman the Chan- cellor of the Exchequer had said, that the main object of the bill was to have the chief commissioner eligible to a seat in that House: Why then had he not caused that to be specially enacted? At present the Postmaster-General sat in Parliament, though in the Upper House; yet, by the measure under consideration, it might be that, notwithstanding it would still be left open for a Peer to fill the office of chief commissioner, neither in one House nor
Ireland this complaint applied, in those places generally the sale of spirits formed but a portion of the business of those who were general dealers, men of character and of capital, forming usually the better class of shopkeepers and persons who had too much respect for themselves to permit their houses to be abused by intemperance of any kind. If these men were now to be forcibly excluded from this trade, it would inevitably fall into hands less safe, and be confined to parties with smaller capital and greater temptations to permit excess. The houses of the grocers were closed at early hours, and always so on the sabbath-day, which would not be the case if the sale of spirits were to be compulsorily thrown into the hands of publi cans of limited means. Its object was
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only to continue the suspension of the act which had already been suspended for two years by an act brought in almost simulta- neously with the suspended act, by the Chancellor of the Exchequer; for if the act now came into operation, it would do a great deal of mischief. He moved the second reading of the bill.
Mr. Shaw had the greatest objection to this bill, which if passed would convert all the grocers into spirit dealers, and thus in- crease an evil already enormous. He had exerted himself for several years to check intemperance in the city of Dublin, but if he were not assisted by the Government he could not hope for any success. He hoped therefore, that the noble Lord opposite would refuse his assent to this bill. begged leave to move that it be read a second time that day six months.
Mr. O'Connell said, that the grocers, as a class, were more respectable than the publicans. and were more deserving of the spirit licences. If the object of the House was to repress drunkenness, it should altogether prohibit the sale of spirits. While the act appeared to be rather levelled at putting down grocers than drunkards. He had never in his life heard of any riot occurring in grocers' shops in consequence of their being permitted to hold spirit licences.
Colonel Verner said, with respect to the grocers of that part of the country with which he (Colonel Verner) was acquainted he could bear testimony to the excellence. of their character.
Lord Morpeth felt himself in a peculiar position with respect to the bill. In the brought forward it was proposed to insert Government a clause prohibiting the sale of spirits on the premises by grocers, but a deputation of that body having been sent over from Ireland to remonstrate on the point, the however, had been introduced by way of A similar clause rider to the bill, and as he had not divided the House upon it after the deputation of grocers had left London impressed with the opinion that no such clause would be introduced, he felt almost as if he had broken faith with them, and would not therefore attempt to influence any votes upon the question.
clause was abandoned.
The House divided on the second reading, Ayes 43, Noes 15-Majority 28
Wednesday, August 1, 1838. MINUTES.] Bills. Read a first time:-Bank of Ireland
Act Amendment.-Read a third time:-Prisons (West Indies).
Petitions presented. By Mr. HUME, from Licensed Vic
tuallers, and Retail Beer Sellers of Salford, against any alteration in the Beer Act; and from the United Associate Presbytery of Dunfermline, against the monopoly of the King's Printer in Scotland.-By Captain ALSAGEE, from Kennington and Camberwell, for a better provision for the Established Church in Canada.-By Mr. P. THOMSON, from Congregations of Wesleyan Methodists of Manchester, against Idolatrous practices in India.-By Mr. SANDERSON, from the Wesleyan Methodists of Colchester, to the same effect.-By Lord W. BENTINCE, from Calcutta, Madras, and Ceylon, in favour of a direct commu nication by steam from the Red Sea to the several presi dencies of India and Ceylon.
HOUSE OF LORDS,
Thursday, August 2, 1838.
MINUTES.] Bills. Read a first time:-Sardinia Slave Trade Treaties; Post-Office; Militia Ballot Suspension; Dublin Police.-Read a third time:-Hackney Carriages Metropolis.
Petitions presented. By the Earl of CARLISLE, several,
from Wesleyan Methodist Congregations in Halifax and other places in Yorkshire, praying for the suppression of Hindoo Idolatry.-By Lord BROUGHAM, from the Pri soners confined in the Queen's Bench Prison, against the postponement of the operation of the Imprisonment for Debt Bill; from Paisley, against the Prison (Scotland) Bill; from the Maidstone Mechanics' Institution, and from Dingwall, in favour of Mr. Hill's Postage plan; a great number from various places, against Idolatry in India; from Bangor, against the Tithe system in Ireland; from Montrose, against the Parliamentary Franchise; from the same place, for a repeal of the Corn-laws; from London and its vicinity, for the Abolition of Negro Slavery; from Arbroath, against the Renewal of the monopoly of the Queen's Printer in Scotland; from Hudders field, against the Beer Act.
quess of Londonderry regretted, that he MAGISTRACY (IRELAND.)] The MarLordships' consideration the great change was obliged again to bring under their which had recently been made in the Irish magistracy. He was unwillingly obliged to pursue this course, because a noble Marquess (Normanby) had, on a former asserted that he had brought forward occasion, when the subject was introduced, statements in the absence of the lordlieutenant of the county of Down, in the correctness of which the noble Marquess (Downshire) who held that important office did not concur. considering this question, to act upon principle distinctly laid down the other He was willing, in the woolsack, who said, that " night by the noble and learned Lord on the could be removed from the commission of no person the peace without a certain degree of imputation being cast on him; that, there
of Mr. Corry appeared to him one of the greatest hardship and injustice, and by no means creditable to the Irish Govern- ment. For thirty-five years had that re- spected gentleman been in the commission of the peace, yet he was kept six months in anxious suspense not knowing whether he should be continued in the commission or even be allowed to die without the con-
fore, reasons should be given for such removal; because every man was entitled to have justice done him." On this prin- ciple he was willing to rest. Now, he found, that on the revision of the magis- tracy no less than twenty magistrates were removed in the county of Down-in a Protestant county, a peaceable county, where, he would contend, no possible reason could be adduced for making such an alter-solation of knowing that no charge rested ation. But while the Irish Government upon his character, The treatment which got rid of so many magistrates, they intro- Mr. Corry received was so monstrous, that duced others, who, he supposed, were put he should certainly move that copies of in the commission because they had the investigation, and the correspondence adopted the political opinions of the noble which passed between him and the Irish and learned Lord the Chancellor of Ire. Government, together with the opinions of land. The individuals thus dismissed the law officers of the Crown, should be were amongst the most worthy, the most laid upon the table of the House. The enlightened, and the most intelligent gen-second case was that of the rev. Holt tlemen of the county. Since he formerly Waring, the clergyman of a respectable adverted to this subject he found, that out congregation, and a man of large landed of the twenty magistrates who had been property in the county. The noble and rejected, no less than eight had been re-learned Lord (Lord Plunkett) had stated stored. Now, as eight were restored, he upon the occasion of the former discussion should very much like to know why those upon the subject, that Mr. Waring's name eight had been dismissed? The noble was not inserted in the new commission and learned Lord might say, that none because he had left his parish a day or two were dismissed without reasons being before the 12th of July, instead of re- assigned, that a careful examination took maining at home to soothe the angry place in the first instance, and that before feelings which were likely to arise, and to any step was taken the lord-lieutenant of control the improper proceedings of the each county was called on to make such Orangemen. It turned out, however, upon observations as he deemed necessary. inquiry, that the grounds upon which the Now, if they looked to dates, they would noble and learned Lord stated, that Mr. find that no such fair consideration, so far Waring was not replaced had no existence as the lords-lieutenant were concerned, inasmuch as, that rev, Gentleman had could have taken place. The subject was gone away a long time before, and for a eight months, indeed, before the Irish far different purpose. He had received a Government, but it was not until the letter from that rev. Gentleman, in which month of May last that the lords-lieu- he stated that he was not at home at the tenant were called on to give their opinion. time, having been detained in Dublin upon The Irish Government took eight months business. He further stated, that he did to make up their minds as to what they not reach his residence at Waringstown meant to do, and they gave to the lords- until the 14th, a few days after when he lieutenant one month to state their opinion found his peaceful village taken possession on those proposed dismissals and selec- of by an armed force of military and tions; for in the month of June last they police although no breach of the peace made out their new commission. The had been committed and there lords-lieutenant, therefore, had not a nothing to justify the occupation of the proper opportunity of considering the sub-place by the military, except that there ject. Indeed, at the time many of them were in this country attending their Par- liamentary duties. There were seven other gentlemen excluded from the commission, most respectable men and most excellent magistrates, and against whom no charge or ground of complaint had ever been made. Why, he asked, were not these seven gentlemen also replaced? The case
was an Orange flag upon the Church, which could not possibly be construed into a breach of the peace. The third case to which he wished to draw the attention of their Lordships was that of the rev. Mr. Sampson, a clergyman, and a man of fortune. In his (Lord Londonderry's) opinion, the dismissal of such men from the magistracy was taking away the best
support of the law and of the Government | Mr. Sampson some apology for his con- in the county, and doing a gross injustice duct. The noble and learned Lord con- to the individuals themselves. While sidered, however, that he should not be others upon whom the strongest censure justified in removing Mr. Lindsay from had been passed by Government itself the magistracy, as the matter had not were replaced in the commission, Mr. occurred in his magisterial capacity. If Sampson was excluded. It appeared that the noble and learned Lord was not jus- in 1834 a memorial was sent to the lord- tified in removing Mr. Lindsay's name lieutenant, stating complaints against Mr. from the old commission, surely he had Sampson for the manner in which he col-good grounds for not including him in the lected his tithes. The lord-lieutenant sent down an authenticated copy of the memo. rial, to which was attached the signature of Mr. Lindsay, a gentleman whose name was continued in the commission, though that of Mr. Sampson was excluded. An in- quiry was directed, and a meeting, con- sisting of the greater part of the magis- trates of the county, was held at Banbridge, for the purpose of investigating the charges contained in the memorial. The result was, that all the charges received the fullest contradiction by the sworn testi- mony of the churchwardens and the parishioners. Several witnesses, whose names were attached to the memorial, stated, that they had never signed, or permitted or authorised their names to be signed to it. It also turned out that many of the signatures were fictitious, and many fraudulently obtained. Many persons had signed it who were not cess-payers at all, and it contained the names of six persons who were dead. The magistrates, at the conclusion of the proceedings, came to a resolution that they no longer act in con- cert as magistrates with Mr. Lindsay, in consequence of his conduct respecting this transaction. Resolutions were drawn up and signed, and sent by the magis- trates to the lord-lieutenant of the county to be by him transmitted to the lord-lieu- tenant. A copy was also sent to Mr. Lindsay. The papers were accordingly sent to the lord-lieutenant, and by him referred to the Lord Chancellor for his decision. Perhaps it might be necessary to explain to their Lordships how this letter had come into his possession. He understood that permission to communi- cate it to the magistrates had been asked, and not withheld. It had accordingly got into circulation throughout the country, and its contents became generally known. The noble and learned Lord in this letter said, that
new. The noble and learned Lord went on to say, that he was not surprised at the determination which the magistrates had come to in refusing to act in concert with Mr. Lindsay; but he hoped they would not persist in it, as it would inter- fere with the public business. He also expressed his entire conviction of the pro- priety of Mr. Sampson's conduct. should make no observations on the effect which the political principles of Mr. Lind- say might have had in reference to those proceedings, but he should say, with re- spect to Mr. Sampson, that he possessed more property than any clergyman in the neighbourhood. Their Lordships might pretty well judge of the spirit which re- gulated the dismissal and appointment of magistrates in Ireland, when he called their attention to the declaration made by Mr. O'Connell at a dinner of the friends of the St. Bridget's Orphan Asylum, where that gentleman presided. Mr. O'Connell assured the company then assembled, that the Irish magistracy must undergo a com- plete revision, that the matter was in the hands of the Lord-lieutenant, that it could. not possibly be in better hands, and that for the future all partisan magistrates would be relieved from the labours of the office of justice of the peace, and be at liberty to retire into private life. The conduct of the noble and learned Lord opposite, as far as it related to the magis- tracy in Ireland, went most fully to carry into effect the threat implied in the lan- guage of the hon. and learned Member for Dublin. Mr. Chemies, a magistrate, who had been fifty years in the commis- sion of the peace, was dismissed. [Lord Plunkett: He has since been restored.] If so, it must have been within the last forty- eight hours. The noble Marquess con- cluded by moving for copies of all minutes of proceedings connected with the inves
that Mr. Lindsay's conduct had been October concerning the conduct of MIM most indiscreet and blameable, and that Trevor Corry: copies also of the charges Mr. Lindsay owed it to himself to make preferred against that gentleman by Mr.
Power; copies of all correspondence between the Irish Government and any person or persons on that subject; copies of the opinions of the law officers of the Crown relating thereto; minutes of any public meetings held or resolutions adopted on the subject, together with any letters referring to it which might have passed between the Lord-lieutenant of Ireland, the Chancellor of Ireland, or the lordlieutenant of the county of Down.
Lord Plunkett said, he should have no objection to the production of any letters written by him. Neither should he resist the production of letters written by the lord-lieutenant of the county of Down, provided that noble Lord had himself no objection but he considered all communications coming from lords-lieutenant of counties as strictly confidential, and, as a general rule, he should resist their production, unless with the consent of the writer. As to the opinions of the law officers of the Crown, he should not consent to their production, it would be contrary to all precedent. He should now apply himself to the cases of Mr. Trevor Corry, Mr. Lindsay, Mr. Holt Waring, and Mr. Sampson. In the first place he begged to say, that he had never, in any instance, acted upon charges made against magistrates without affording them a full and ample opportunity of making a defence, and he could say, that that rule had always governed his conduct in cases where there had been any dismissal. But the case was different where new commissions were made out, and names omitted which had previously been in the commission. The House must see, that it would be impossible to institute a particular inquiry into every case of the omission of a name. With respect to the case of Mr. Trevor Corry, it was to him one of the most painful character, owing to the death of that respected gentleman. He could not defend himself without a reference to circumstances which might seem to cast censure on one no longer alive. Nevertheless, in justice to himself, he must state the charges preferred against Mr. Corry: they were, that he, being a magistrate and going about the town of Newry, accompanied by some of the police of that town, did take a person into custody, and, though he had been guilty of no breach of the peace, had him manacled and kept in confinement for several hours. No other cause for this appeared than that the person
so confined had given offence to Mr. Corry's political friends by the measures in which he had engaged connected with secreting voters at the time of the election. That was certainly a gross outrage, and especially so when committed by a magistrate. The fullest possible opportunity for explanation was given to Mr. Corry, and an investigation took place, over which a learned barrister presided; several witnesses were carefully and minutely examined, and the facts were established against Mr. Trevor Corry. It was rumoured, that he intended to prosecute those witnesses for perjury. He was not in the counsels of Mr. Trevor Corry, he therefore could not say, whether he possessed the will to institute such a proceeding, or the means of doing so with success; but so long as any probability remained of his prosecuting for perjury, he thought it better to wait for a general revision of the magistracy of the county than proceed to a direct dismissal, and this accounted for the delay of which so much complaint had been made. That gentleman having, however, ultimately failed to bring forward the prosecution for perjury, he (Lord Plunkett) was obliged to take the step which had been merely suspended, and to proceed to dismiss Mr. Corry from the magistracy. The noble Marquess opposite would bear him out, when he stated, that representations having been made to his Excellency, the Lord-lieutenant of Ireland by the noble Marquess, the lord-lieutenant of the county of Down, an investigation was ordered into the circumstances of Mr. Corry's case, during the progress of which the melancholy event of Mr. Corry's death took place. took place. So far as Mr. Corry's case was concerned, he did not believe that he had violated any principle either of justice or of humanity. On the contrary, he had been actuated throughout, by a desire to show every feeling of respect for that gentleman's highly-respectable connexions. With regard to the case of Mr. Holt Waring, the noble and learned Lord then repeated the statement which he made some days since in the House of Lords, and which was reported in The Times, to the effect that Mr. Waring was in the first instance ineligible to be placed upon the revised list of the magistracy, as a clergyman; and secondly, that on the 12th of July last, that gentleman having absented himself from Waringstown (and he
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