§ MR. MAINSI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that Sheriffs were appointed in Irish counties before Circuits or Assizes were established in 472 Ireland, and that the late Sir John Perrot (Lord Deputy of Queen Elizabeth) and his successors appointed Sheriffs for the Ulster counties, though the first Assize in Ulster was held in the reign of King James I.; whether it is the fact that Sheriffs for the Irish counties were so appointed by the Lord Lieutenant without nomination of the Judges till about the year 1826; also that it was found by the Report of the Commissions to inquire into the office of Sheriffs (for Ireland), published in 1826, that the nomination of persons by the Judges for the office of Sheriff in Ireland is a mere practice of the Judges of Assize; whether he is aware that in 1837 the then Lord Lieutenant, Lord Mulgrave (during the Under Secretaryship of Thomas Drummond) each year appointed Sheriffs who were not nominated by the Judges or the acting Sheriffs, and that the legality of such appointments was judicially decided and upheld by Mr. Justice Burton, at the Assizes for the County of Monaghan, in the mouth of March, 1837; and whether he will consider the advisability of reverting to this practice?
MR. J. MORLEYThe hon. Member has put to me a large number of questions, to answer which would require considerable investigation into Irish history. I may say this, however: that I am quite aware of the great importance of the subject, and that I have had inquiries made, but necessarily of a very cursory kind, since the question was put upon the Paper. So far as the last paragraph bears on the action taken during the Under Scretaryship of Thomas Drummond, it is, so far as I can ascertain, perfectly true. The question, however, is a very serious constitutional one, as all learned gentlemen in this House are fully aware. But what I promise the hon. gentleman is that I will look into it very carefully and very promptly to see how the law really lies, and what are the powers of the Lord Lieutenant in this matter.
§ MR. T. W. RUSSELLasked whether there was not some difficulty in getting gentlemen to undertake this office? Was it not going begging?
MR. J. MORLEYNot exactly going-begging. But gentlemen proposed for it beg very hard to be relieved.
§ MR. MACNEILL (Donegal, S.)asked whether the right hon. Gentleman, 473 when instituting inquiries on this subject, would refer to the very valuable Report published upon this subject by the late Mr. David Lynch, who was afterwards Judge of the Encumbered Estates Court in Ireland, which dealt very fully with the whole question?
§ MR. CARSON (Dublin University)Will the right lion. Gentleman promise, pending the settlement of this question, not to prosecute any gentlemen who may refuse to undertake such an office?