§ MR. KEOGHSir, I wish to put a question to the noble Lord at the head of the Government. Is it a fact that on the late trial of Mr. John Mitchel for felony, every Roman Catholic was excluded in open court by the Attorney General, without any cause assigned? Perhaps the noble Lord will be able to state whether he has received any information as to a similar proceeding on the late trials of Mr. O'Brien and Mr. Meagher.
§ LORD JOHN RUSSELLI have received no information with respect to the last trial which took place. With respect to the two other trials regarding which the hon. Gentleman brought forward a Motion last week, I have here a letter from the Attorney General with regard to his instructions, in which he says—
In answer to your letter requiring my instructions relative to the course to be pursued by you in setting aside jurors on the part of the Crown in the case of 'the Queen v. Mitchel,' I beg to say it is not, and never was, my wish or intention that any juror should be set aside on 3 account of his religious opinions. I do not think the instruction given by previous law officers, that jurors were not to he set aside on account of their political opinions, was ever intended to apply to a case like the present, in which a party is to he tried for a political offence, and is openly supported and countenanced by certain political associations. I have therefore no hesitation in saying, that in the present and similar cases you should set aside on the part of the Crown, without regard to their religious opinions, all persons whom, from the inquiries you have made, and the information you have received, you find to entertain political opinions according with those of the prisoner and the associations by whom he is supported. I am clearly of opinion that to leave such persons on the jury would be to defeat the administration of the law, and be totally inconsistent with the true principle of trial by jury, which is, that the juror should be indifferent between the Crown and the prisoner. In other respects I wish that the instructions given by the previous law officers should be adhered to.The noble Lord next read an extract from a private letter from the Earl of Clarendon, which contained a reference to the mode of striking the jury in the case of the late Mr. O'Connell, when prosecuted by Sir Robert Peel's Government.
§ MR. GRATTANDoes the noble Lord say that every Roman Catholic professing repeal principles is to be excluded from juries?
§ LORD JOHN RUSSELLI think the words of Mr. Monahan are very right and judicious, and I have no hesitation in adopting them.