§ On the motion that Henry D'Esterre, esq. be brought to the bar in order to be discharged agreeably to his petition,
§ Sir J. Mackintoshrose, not with a view to oppose the motion, but in order to suggest the condition in which this unfortunate individual was placed by his own conduct. He did not mean to interpose between this individual and the proposed lenity of the House. This individual admitted that he was guilty of prevarication on oath, and as he was a member of a liberal profession, it would be for those who composed that profession, to consider whether it were fitting that he should be allowed any longer to belong to such a profession. But without desiring to aggravate the suffering which the reflections of his own mind must inflict upon this individual, he must observe upon that which was material to the public. This indivi- 323 dual occupied a high judicial station in Ireland; and was it fining, that after his own confession of guilt, he should be allowed to fill such a station?
§ Mr. Dawsonsaid, he was one of the members of the committee before which the prisoner had been guilty of gross prevarication; and without desiring to interfere with the rights of the corporation of* Limerick, he could not help saying that such a person should not be allowed to remain in any judicial station.
§ Mr. Dalysaid, that he presented the petition, as that petition was couched in language respectful to the House; but he had no desire whatever that the petitioner should continue to occupy a judicial office.
§ Sir J. Mackintoshexpressed a doubt whether the prisoner should be released without some assurance that he would be removed from the office of recorder of Limerick.
§ Mr. Dalysaid, that as the office which the prisoner occupied was subject to annual election, and as that election must be sanctioned by the lord lieutenant, there could be no reason to apprehend the reappointment of the petitioner after the decision of that House.
Mr. Grantremarked, that there could be no doubt whatever of the attention of the lord lieutenant to the decision of that House.
Mr. Bankesobserved, that the conduct of the prisoner was, according to his own confession, so grossly disgraceful, that it would be obviously indecent to allow his continuance in a judicial or any other office of trust or consequence.
Mr. Grant,understanding the office which the prisoner held was one of annual election, and that such election would take place in September, subject to the approbation of the lord lieutenant; had no hesitation in stating that this approbation would not be granted to the election of the prisoner after what had transpired in that House.
Lord Castlereaghobserved, that after what his right hon. friend had stated, and as the election for the office which the prisoner held would take place at no distant period, he thought there could be no objection to the motion.
Henry D'Esterre, esq. was then brought to the bar, where he received a Reprimand from Mr. Speaker, and was ordered to be 324 discharged out of custody, paying his fees-The Reprimand was as follows:
"Henry D'Esterre; You were reported by the select committee appointed to hear and determine the merits of a petition complaining of an undue election and return for the city of Limerick. as having been guilty of gross prevarication. For this you were committed to his majesty's gaol of Newgate. Your petition, praying to be released from further confinement, has been received, and you are brought this day to the bar, in order that you may be reprimanded and discharged.
"If I were now called upon to reprimand a person of the lower ranks of life, half educated, and half ignorant perhaps of the solemn obligation of the oath he had taken as a witness, it might have been my duty to enlarge upon the nature, the character, and the consequences of such an offence; to have impressed upon him, as far as I was able, how such an offence, if tolerated, must defeat all the ends of truth and justice, and how it differs rather in a legal, than in any moral construction from a direct act of perjury. Into all these details to such a person it might have been necessary for me to enter;—but when I am addressing a person of higher rank and station, of better education, and clothed too himself with a judicial office, it cannot be necessary that I should thus add to the painful duty already imposed upon me; either by expatiating upon the enormity of the crime, or the disgrace of the punishment.
"Your own mind will suggest to you, more and severer reflections than any words I am master of could convey. To these reflections I am prepared entirely to trust, and shall conclude with communicating to you the order of the House, that you be discharged from further imprisonment; and you are hereby discharged, on the payment of your fees."