§ MR. W. E. FORSTERsaid, he wished to ask the Chief Secretary for Ireland, Whether there is any truth in the rumour that it is the intention of the Government to prosecute any of the Fenian Prisoners under any of the Whiteboy Acts, by the provisions of which flogging may be inflicted?
THE O'DONOGHUEsaid, that before the Chief Secretary for Ireland answered the Question, he wished to ask, whether the noble Lord would lay upon the table of the House a Copy of the Circular recently addressed to the Irish Magistrates, in which a very pointed reference was made to that power of inflicting corporal punishment under the provisions of the Whiteboy Act?
LORD NAASThere will be no objection, Sir, to lay that Circular upon the table of the House. It was issued in consequence of the Government having received information that offences were being perpetrated in different parts of Ireland which for many years had happily ceased—namely, the offence of unlawfully assembling and going through the country in considerable numbers, for the purpose of demanding arms at the houses of the peaceable inhabitants. The Circular merely called the attention of the magistrates, and of the public generally, to the existing state of the law; and I am happy to be able to inform the hon. Gentleman that. I believe the issuing of that document was attended with the most salutary results, With regard to the Question of the hon. Member for Bradford (Mr. W. E. Forster), I have to state that it is quite impossible for me to say under what particular statute or statutes the Fenian prisoners are likely to be indicted. That is a question which must be left to the Law Officers of the Crown, and their decision will depend on the nature of the evidence and depositions which may be laid before them. But I must remind the hon. Gentleman that sentence in these cases must entirely rest with the presiding Judges, and that it is a matter with which the Executive Government has not 734 in any way to deal. I will only add, that looking at the ability, the experience, and the high character of the Judges selected to preside at the Special Commission, I think the House may feel perfectly satisfied that the sentences which they may pronounce will be sufficient, and not more than sufficient to meet the justice of each case.