MOTION FOR A PAPER. (Hansard, 10 March 1857)

VISCOUNT DUNGANNON
My Lords, I wish to move for return of a "Copy of the Memorial addressed by the Members of the Dublin Protestant Association to The Lord Lieutenant of Ireland relative to the Conduct of E. Smithwick and Thomas Harte, Esqrs., Justices of the Peace for Kilkenny, in a Case of alleged Assault, in which Michael Cashin and Matthew Spellacy, Two Persons in the Employ of the Society for Irish Church Missions, were Plaintiffs, and James Ryan, Defendant, at the Petty Sessions held in the City of Kilkenny on Monday, Jan. 19, 1857; together with the Reply from the Castle of Dublin, bearing Date Feb. 13, 1857." My Lords, from the information which has been transmitted to me, it appears that the two persons who were the complainants before the Kilkenny magistrates were employed by the Irish Church Missionary Society to distribute some of its pamphlets, tracts, notices of meetings, and the like, and the defendant, James Ryan, a Roman Catholic, was the servant of one of the justices who took part in the proceedings. One of the complainants, it is admitted, tendered to James Ryan a handbill. Ryan received it, entered into some conversation respecting it, and then, without the slightest provocation or apparent reason, proceeded to assault with a heavy whip, not only the boy who presented the handbill, but also his companion. An information was laid against him, and a summons issued, requiring him to appear before the justices in Kilkenny to answer the charge of assault; which he did. On that occasion Mr. Smithwick, the person in whose employment Ryan was, came there, as he stated, to give him a charac- 2117 ter, and declare his conviction that he was utterly incapable of committing the offence with which he was charged. Had Mr. Smithwick confined himself to that course undoubtedly he could not have been found fault with, because it was his right, and perhaps just that he should do so; but he took the extraordinary course of sitting upon the bench and adjudicating upon the case. I am convinced that every man in the commission of the peace in your respective counties would agree with me that such a proceeding was wholly irregular. But that is not all. Mr. Harte, one of the other magistrates present, was previously known to have declared that in any case where a Scripture-reader, or any person connected with the Irish Missionary Societies, brought forward any charges against other persons, he never would take the evidence of any such person as proof of the fact unless their evidence was corroborated by that of other witnesses; while Mr. E. Smithwick had been heard to declare that he considered it a great indignity to Roman Catholic constables that they should be directed to protect Protestant Scripture-readers against the attacks of a Roman Catholic mob. I am not going to enter into any argument as to whether it is a judicious proceeding upon the part of Protestant missionaries to circulate tracts among their Roman Catholic fellow-subjects, with the intention of converting them; but it must surely be admitted that so long as they are doing nothing to disturb the public tranquillity, or to provoke a breach of the peace, they are entitled to the protection of the Executive. They have a right to that which every British subject claims—protection from assaults or from any unlawful impediment; and if they are assaulted, and deem it necessary to bring their case before persons to whom is delegated magisterial authority, it is most important for the interests of the public that they should have the protection of at least an impartial hearing. Certainly a different course to that seems to have been pursued upon the occasion to which I have referred. It appears, as I am informed, that the justices who were engaged in hearing this case have, upon more occasions than one in which similar charges have been preferred before them, allowed their party prejudices and religious zeal to get the better of their good sense and sound judgment; and in this case they appeared to have come into the court as prejudiced 2118 men, having prejudged the case. A letter has been written by the stipendiary magistrate at Kilkenny, Mr. Green, stating his opinion that the decision, which was for the dismissal of the charge, was entirely contrary to the evidence. Three magistrates sat together upon the bench, the case was dismissed by a majority of one, and the two magistrates who agreed were both Roman Catholics. I think that the House will agree with me that nothing can be of more importance to the interests of the British Empire than that there shall be an impartial administration of justice, especially in Ireland, where there is a great deal of party and religious feeling; and it is impossible, if cases such as this happen frequently, that the public mind will be satisfied upon this point. A remonstrance was made by the parties to the Dublin Protestant Association, who, having investigated the case, sent a special memorial to the Lord Lieutenant of Ireland, setting forth all the facts of the case, and praying for an investigation. The answer was, as it seemed to me, of a most unsatisfactory character. It stated that an inquiry had been made, that they were satisfied with the reply that had been made, and that they did not think it necessary to investigate the case any further. But what may be considered as sufficiently satisfactory by officials may not be so satisfactory to the Protestant portion of the public in Ireland, who feel that a fair inquiry had not been made, and that such proceedings have a tendency to bring the magisterial bench into contempt. The Dublin Protestant Association having submitted the case to me, I have thought it right to bring it before your Lordships, trusting that no opposition will be made to it. Whether I shall feel myself called upon to bring the matter before the House in another shape I am not at present prepared to say. I shall probably not do so during the very short time that remains of the existence of the present Parliament, but I shall feel myself at liberty to take it up again when your Lordships' House re-assembles. I have had all the facts from the most respectable authorities, and I assure your Lordships that I am animated by no party spirit or religious partisanship, nor am I in any way connected with the Dublin Protestant Association, or Irish Church Missions. I am only anxious that the strictest impartiality should be displayed in all our courts of justice; and in bringing forward an instance in which it is alleged that that 2119 spirit of impartiality has been departed from, I conceive that I am only discharging a duty which I owe to the public.

THE EARL OF DESART
hoped that Her Majesty's Government would make no objection to the production of these papers, and said that if the facts of the case turned out to be as stated by the noble Viscount, and no further proceedings were taken by his noble Friend, he himself would bring the whole case before the House. If the information which had reached him was correct, the affair reflected little credit on the Irish Government. As in all probability he should have to refer to the case again, and as he was unwilling in its present stage to make remarks which would not be very complimentary to the magistrates, he should postpone any further observations till the production of the papers.

§ EARL GRANVILLE
said, he did not intend to offer any opposition to the Motion; but was understood to say, that he did not recognise the position which the Dublin Protestant Association had assumed in relation to this business.