HC Deb 03 March 1870 vol 199 cc1147-50
MR. BENTINCK

said, he would beg to ask the First Lord of the Treasury, Whether the attention of Her Majesty's Government has been called to the address delivered on 28th February last to the Grand Jury of the county Meath by Chief Justice Monahan, when his Lordship said— He had never delivered ft Charge to a Grand Jury under the influence of greater regret. The number and magnitude of the offences which had been committed since the last Assizes were such as to make one tremble when contemplating the state in which the Country must be; and, having regard to the Question put by the noble Lord (Lord John Manners) the other night—the answer to winch was not clearly understood—he wished further to ask, whether it is the intention of Her Majesty's Government to propose to Parliament, without further delay, measures for the more effectual preservation of the lives and property of Her Majesty's subjects in Ireland?

MR. GLADSTONE

Sir, my attention has been called to the Charge of Chief Justice Monahan to which the hon. Gentleman refers. And I must observe that I think the hon. Member would do better to direct our attention to the matter generally, and with reference to the subject as a whole, than by the citation of particular words, for certainly the words he has cited do not give an accurate impression as to the general effect of the Charge. Nor is it in my power to correct the hon. Member by citing any other words, but if I were to do so I could show how easy it is to convey a particular impression; I might cite words in which Chief Justice Monahan says—"There is no doubt whatever that that fear and apprehension will wear away." The words, however, failed to convey a full impression of the purport of the Charge. Again, if I may cite another passage, Chief Justice Monahan says of the administration of the law—" That something maybe done with effect I hope and pray, but I feel myself utterly unable I to make any suggestion to you upon the subject." Those words cannot be taken as conveying the sense of the Charge, which ought to be judged as a whole. The state of things referred to is not that which prevails in Meath at the present moment, but during the six months past: and I do not pretend to deny the continuance of a very anxious state of things. With reference to the latter part of the Question, I understand the hon. Gentleman to refer in a manner somewhat different to the construction I put upon the speech of the noble Lord (Lord John Manners). In that speech the noble Lord referred to measures for extending the powers of the Executive beyond the usual limits of the Constitution. I find no fault with the hon. Member for putting the Question, because I look on it as being no more, on his part, than an expression of the anxiety that everybody should feel with respect to the actual existing state of things in some parts of Ireland with reference to the administration of the law. At the same time, the hon. Member would not, I am sure, expect, if we have an answer, to give to a Question so immeasurably grave, that it should be given in answer to an independent Member. We are aware of our responsibility, both with respect to what we may do and what we may refrain from doing. In the assurances conveyed in the Speech from the Throne at the commencement of the Session we have endeavoured to let Parliament and the country understand that we do not shut our eyes to the gravity of the circumstances; but, having said that, I can add no more than that, if and when Her Majesty's Government come to the conclusion that it is their duty to propose any such measure, and that they can propose it with any prospect of advantage, the hon. Member may rely upon it that we shall not wait for the stimulus or incentive of private interrogatories, however natural and free from blame they may be, to induce us to perform our duty by making such proposals.

LORD JOHN MANNERS

With reference to the Question of the hon. Member for Whitehaven, and still more so to the answer which the right hon. Gentleman has just made, I trust I may be allowed to ask him whether he will have any objection to lay upon the table a Copy of the Charges which have just been delivered by Chief Justice Monahan, by the Lord Chief Justice of Ireland, and by Baron Fitzgerald? I wish, also, further to ask him whether I rightly understand him in the answer he has just given., to be answering the Question I put to him a week ago as to the intentions of the Government upon this most important matter; and, if not, when he will be prepared to put the House in possession of their views upon it?

MR. GLADSTONE

My answer to the noble Lord's Question was that with respect to certain changes in the ordinary law my answer would be ready within a week or thereabouts; but I did not undertake to name the particular day upon which we should come to a conclusion, with reference to the state of Ireland, or upon the very grave subject raised by the hon. Member for Whitehaven. With, respect to the Charges of the learned Judges, I am afraid that we are not in possession of, nor do I know whether there are any authentic records of those Charges; but if there are, I shall have no objection to lay them upon the table. Of course, however, it would not be right to endeavour to make the learned Judges responsible for words in newspaper reports, of the accuracy of which we have no sufficient assurance.

COLONEL STUART KNOX

As the right hon. Gentleman has found fault with the quotations mentioned by the hon. Member for Whitehaven, perhaps he will inform the House from what newspaper he has himself quoted.

MR. GLADSTONE

I am almost ashamed to say that I have not yet looked at the name of the paper. I find, however, that it is Saunders's Newsletter and Daily Advertiser.

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