HL Deb 10 June 1861 vol 163 cc823-4
THE EARL OF LEITRIM

presented a Petition of Farmers and Inhabitants of the Barony of Kilmacrenan County, Donegal, praying for the Suppression of Ribbonism. The noble Earl, in presenting the petition said, that the state of things in Donegal was owing, in great measure, to the course pursued by the authorities; and if, among the rest, Judges acted as political partisans, he apprehended that there was very little anticipation of peace in any country. Chief Justice Monahan, in his address to the grand jury of the county, congratulated them on the lightness of the calendar; and said, he did this the more gladly inasmuch as from the officers of the county he had reason to believe that no crime had been committed there for a considerable period where the party had not been made amenable to justice; so that, he added, the lightness of the calendar was not attributable to any difficulty experienced in procuring evidence. He stated, also, that this was matter of satisfaction, because he had often had reason to remark, as he did then with truth and sincerity, that the quietness of the country had mainly resulted from the vigilance, activity, and conduct of the magistrates of the country. By this Chief Justice Monahan referred not to the country gentlemen, but to the police magistrates. This speech, rather than a charge, was utterly untrue, for it was notorious that much crime of a serious character had been committed in Donegal, "which had never been punished, and that the whole machinery of government in that district was most defective. He hoped, in conclusion, that Her Majesty' Government would take the state of this district into consideration, as there was no doubt the whole machinery of law and police was defective.

THE LORD CHANCELLOR

—I feel it my duty to ask the noble Earl whether he has given notice to Lord Chief Justice Monahan that these complaints were to be brought against him in the House of Lords?

THE EARL OF LEITRIM

—No.

THE LORD CHANCELLOR.

—Then I must say that the noble Earl has behaved most improperly. The Judges of the land acted under responsibility; and any misconduct of which they may be guilty may be inquired into, and animadverted upon by either House of Parliament. But to bring forward such a complaint as we have just heard from the noble Earl without any notice to the high officer complained of is, I must say, most unjust and most unconstitutional. I can only express my hope that as Lord Chief Justice Monahan is one of the most honest and upright, as well as learned Judges that ever adorned the bench, he may long continue to do so, and that he will be so considered to the end of his career.

Afterwards—

THE EARL OF LEITRIM

said, in consequence of the challenge which the noble and learned Lord on the Woolsack had thrown out to him in respect of the comments he had felt it his duty to make on the charge of Chief Justice Monahan, he would give the noble and learned Lord full and ample opportunity to give any explanations which the Chief Justice might wish to make; and for this purpose he gave notice that he would move for papers on the case on Thursday next.

THE LORD CHANCELLOR

The noble Earl proposes to discuss the charges he has to bring against Chief Justice Monahan, who is now discharging his duties in Ireland, on Thursday next. The noble Earl must see that it is impossible that I can communicate with the Chief Justice, and that the learned Judge can forward his explanations by that day.

THE EARL OF DONOUGHMORE

wished to put it to his noble Friend that the time he proposed was scarcely sufficient to allow explanations to be forwarded. The noble Lord on the Woolsack was the natural guardian of the honour and character of the Judges in this House, and it was reasonable that he should have time to obtain from Chief Justice Monahan his answer to the charges that were brought against him. He suggested that the noble Earl should postpone his Motion till Thursday week.

THE EARL OF LEITRIM

would be happy to fix any day that would be more convenient. All he desired was to check a gross abuse. He would bring forward the subject on Thursday week.

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