HC Deb 04 October 1831 vol 7 cc1208-9

Mr. Henry Grattan moved, that there be laid before the House a copy of the memorial of James Nowlan and others, dated August 16, to the Lord Lieutenant of Ireland, regarding the conduct of Captain Graham and the Reverend W. Morgan, two Magistrates of the county of Wexford, for declining to receive bail, and grant the required information, on the charge of burning the house of one of the Newtownbarry Yeomen, together with his Excellency's reply; also, for copies of any further communication received by the Irish government relating thereto. After what had passed, he did not see how the Motion could be refused.

Mr. Crampton

said, he had not the least objection to the production of the papers which the hon. Member required. The subject had been so recently and fully discussed in the House, that he could throw no new light upon it by any further observations at present.

Mr. Lefroy

said, the name of Captain Graham had been introduced, but to prevent any unfair inferences from being connected with the mention of that officer's name, he begged to remind the House, that Captain Graham had not issued the warrant on which the parties were apprehended, and it was not the custom in Ireland for one Magistrate to interfere with respect to warrants issued by another.

Sir John Newport

said, if Magistrates were generally not to interfere with warrants issued by each other, cases of great oppression might be the consequence. A false delicacy should not prevent a Magistrate from endeavouring to remedy all abuse of power.

Sir Richard Vyvyan

protested against the time of the House being consumed in this species of discussion, without the requisite preliminary steps having been taken in the Courts of Law.

Mr. Henry Grattan

said, no Legislature ever held out a greater delusion to any country than when the House referred complaints against the magistracy to the Court of King's Bench. A greater farce could not be practised than an appeal in such cases to this tribunal.

Sir Robert Bateson

thought it was highly improper to occupy the time of the House in such discussion, when so many other important matters remained to be discussed. He protested against the imputations of the hon. Gentleman against that high and excellent tribunal the Court of King's Bench, in which presided men of the greatest virtue and abilities.

Motion agreed to.