§ The Earl of Charlevillesaid, he had received yesterday a copy of a requisition to the High Sheriff of the county of Galway, calling on him to convene a meeting for the purpose of addressing her Majesty on the subject of the late nefarious attempt on her Majesty's life, the answer to which was signed "Ashdown," as High Sheriff of the county. His reason for calling the attention of the noble Marquess opposite to the subject was, the High Sheriff, in this case, was a peer of Ireland. When he became High Sheriff he was not a peer; but since that time his noble relative had died, and the present noble Lord, as his nephew, had succeeded to his title and estates. He was not aware how far Lord Ashdown's appointment as High Sheriff, previous to his taking the title, affected his holding that office, or executing the duties attached to it. There was, however, a case somewhat analogous, which had occurred a few years ago. The late Earl of Dysart, when he came to his title, was acting on the grand jury; and the counsel for a prisoner objected, in consequence, to the validity of the acts performed by that jury. The case was argued, and the objection was admitted to be valid. Usage and custom, he believed, were against the practice of allowing a peer to act as High Sheriff, except in the case of Lord Thanet, who was hereditary sheriff of Westmoreland. He found it stated in Blackstone, that bishops sometimes were appointed to act as sheriffs, and Richard, Duke of Glocester, afterwards Richard 3rd, was sheriff of Cumberland for five years toge- 70 ther. But these appeared to be exceptions to the general rule. He believed, that the circuits commenced next week, but the assizes of Galway were the last. He hoped, therefore, that the appointment of High Sheriff of Galway would be vacated by supersedeas, or that the under-sheriff would be empowered to act, as in case of the death of the High Sheriff, or that some other competent person would be appointed to discharge the duties, for the purpose of preventing any inconvenience that might otherwise be experienced in matters connected with either the civil or criminal jurisdiction. Many presentments must be made by the Grand Jury, and large sums of money were obliged to be expended on the faith of the High Sheriff. It was necessary, therefore, that no doubt should be suffered to exist with respect to the eligibility of the person who filled that situation.
The Marquess of Normanbywas obliged to the noble Earl for calling his attention to the subject. The case was not entirely unparalleled; but still it was one of so much novelty, that it would be very inconvenient to give an opinion on it without due consideration, and an application to the proper law authorities.