HL Deb 24 June 1839 vol 48 cc721-3
The Marquess of Westmeath

said, that when on a former occasion he, as the Lord-lieutenant of the county of Westmeath, brought before the Government the misconduct of a certain individual holding her Majesty's commission in reference to certain outrages committed at Mullingar in 1837, he conceived, that he had sufficiently discharged his duty, and he was anxious to have left the matter with the Government; but circumstances had since occurred which made it impossible for him to let the matter rest in its present position. Unfortunately, the county of Westmeath was in so depraved a state, that it behoved the Government to have been more than ordinarily cautious in doing anything that might be setting a bad example, or be giving encouragement to the excesses of the people, aggravated as those excesses had been by election disputes. During the last fortnight of the month of December, 1838, and the first fortnight in January, 1839, no less than six murders were committed in that county alone. This showed the necessity of the Government being doubly cautious how they connived at the misconduct of persons in authority residing in that disturbed part of Ireland. The Government instituted an inquiry into the disturbances at Mullingar, and had, in consequence of a motion made by him, published copies of the letters and documents, and also what purported to be a copy, of the evidence produced and taken during that inquiry. But on referring to these publications, he at once perceived, that two important letters were altogether omitted, and various portions of the evi- dence likewise suppressed. He thought, that the minute of the Marquess of Normanby with respect to Mr. Sheil was not borne out by the evidence, nor was the minute as to the police acting without the assistance of a magistrate, when Mr. Sheil first went into the House, correct. The whole examination, in his opinion, showed that Mr. Sheil was not a fit person to remain in the commission of the peace. When he last brought the matter before the House, he was libelled in a newspaper, and to that libel a letter of Mr. Sheil was appended. For this letter he had prosecuted Mr. Barrett, the editor of a certain newspaper, in the interest of a particular person who made much noise in that country. It was a most flagitious libel; and when the time was coming for bringing Barrett up for judgment, and more than this in the Ministerial organ, the Morning Chronicle of August last, at the conclusion of the Session, the editor had levelled at him a tirade a yard and a half long of the most abusive description. He had stated in the House, that he had not had with the Government, that confidential communication to which he was entitled; and the editor said, "confidential communication! Why, the noble Marquess never will have a confidential communication;" but none of these attacks should deter him from performing his duty. Would the noble Marquess allow a select committee to be appointed to inquire into the evidence?

The Marquess of Normanby

said, that this was so stale a subject, that he would not enter at length into an answer. He must, however, refer to one point omitted by the noble Marquess, to Mr. Brooke's own account of the minutes of the evidence, they were minutes taken down by Mr. Brookes himself, and he did not pretend to give the questions and answers. As to the two letters, he could not explain the reason why they were not produced at the inquiry, except, that they appeared to be very irrelevant. There was no intention of suppressing any letter, but as no copy could be found, a copy was made of the original minute, and in a note it was expressly stated; that this copy might probably differ slightly from that in the noble Marquess's possession. It was not possible for him to go into all the parts of the stale, and, as he must call it, trivial case, before their Lordships, but there was one which he could answer for, on referring to the printed evidence in his hands, whilst the noble Marquess was complaining, that Mr. Sheil entered the public house, he did so, on pretence, that the police were acting without the authority of a magistrate, and he found at page 35 in the evidence of Mr. Fitzsimon that they were proceeding in consequence of hearing that the police were acting without the authority of a magistrate. At the time although it appeared, that a slight degree of blame for circumstances arising out of the heat of an election might be imputed, yet he had determined upon making no further investigation. But the desire manifested, as well on the part of Mr. Sheil, as of others, induced him to grant the investigation. He must say, however, that the noble Marquess made attacks in that House on those who were absent, which were neither proper to take place in debates in that House, nor consistent with the character of such an assembly. The noble Marquess had, on a former occasion, described Mr. Drummond as having been guilty of "equivocation" with respect to some papers, and was it right that without any ground for it, the noble Marquess should do this?—was it consistent with the character or credit of the House? The papers were missing in the early part of last year; search was made for them, and letters written to many parties supposed to have them: and when they could not be found, copies of the minutes were furnished. Then, again, with respect to Mr. Sheil, he did not think, that the noble Marquess in speaking of that Gentleman, had adopted the usual course of a Peer of Parliament. The charge was not, indeed, in his speech in Parliament, but in his letters to the Government, in which he called upon them to prosecute Mr. Sheil under the Spirit Licence Act. The clause of the Act referred to by the noble Marquess, referred only to persons "drinking, tippling, or gaming;" and the inference which must be drawn from this was, that he charged Mr. Sheil with drinking, tippling, or gaming. He specifically charged him with being at a tumultuous assembly, and it was not quite fair to Mr. Sheil to charge him with drinking, or coming under the operation of that clause in the Spirit Licence Act.

Matter dropped.

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