§ Mr. O'Connell, after referring to a charge given to the Grand Jury by one of the Irish Judges, which was in opposition to the tenor of a Proclamation issued by the Government, moved "that there be laid before the House a Memorial addressed to the Lord Lieutenant of Ireland, on the subject of certain prosecutions for murder to be tried at the next Assizes for the county of Fermanagh."
Lord F. L. Gowerobjected to the production of such documents, unless some ground of suspicion were previously laid: to grant it, would imply a want of impartiality in the executive government of Ireland, and the precedent would be liable to inconvenience and abuse. He heard with considerable regret anything like an insinuation against a member of the Bench of Ireland—Judge Jebb; and he felt bound to state, that were his own life in jeopardy on any charge, he should think he could not intrust it to any Judge more safely than to that distinguished individual.
Mr. Peelthought it would be dangerous to set a precedent like that now attempted to be established. It appeared that a judge of one of the superior Courts of Ireland differed in opinion from the executive government on the subject of a certain proclamation. Judges were intended to control the executive government when it attempted unduly to interfere with the liberty of the subject. He protested against the production of the memorial.
§ Mr. O'Connelldid not intend, in the most remote degree, to charge the Lord Lieutenant of Ireland with partiality: any man who did so would be guilty of a high crime, inasmuch as he would do gross injustice to that noble personage. The parties accused felt their lives at stake, as a judge who had expressed such a hostile opinion was about to try them. He thought that the better mode would be for the parties interested to present a petition.
Mr. Peeladded, that he did not mean to impute the slightest partiality to the executive government of Ireland, and he was himself a party to the proclamation from which Judge Jebb had dissented.
§ Mr. O'Connellwithdrew his Motion.