was found to be very injurious to the Eng- from them had waited on the President of lish watchmakers. the Board of Trade, and on the noble Earl at the head of the Government; but in both instances they had failed in getting relief. He (the Marquess of Bath) now wished to ask if Her Majesty's Government were prepared to make any inquiry into the case; and, if so, whether they would use their influence to prevent any further powers being granted to the Great Western Railway Company until the result of that inquiry should be made public? and, in case the Government were not prepared to institute any inquiry, he hoped that at all events they would not offer any opposition to a proposal for withholding the grant of any further powers to the Great Western Company until they should give some guarantee for the completion of this line. LORD STANLEY OF ALDERLEY said, that this was one of a great many cases in which no doubt great inconvenience resulted to the public from railway mismanagement. It was well known that the law had decided that there was no power to compel railway companies to perform their contracts; and, therefore, he was afraid that Government could take no measures to enforce the fulfilment of these obligations. To make an ex post facto law, might have the effect of bearing hard upon other parties. Such a law might be all very well in a case like the present; but it to one case, they must apply it to all. With regard, however, to the future, the feeling of Government had been sufficiently shown by their proposing the Sessional order, which had been applied to every Railway Bill which had come before the House of Commons this Session, and which required that in the case of any railway company already in existence, and paying dividends, asking powers to construct a new line, they should be compelled to construct it within a given time under the penalty of having their dividends suspended; and that in the case of a railway company not paying dividends asking such powers, they should be called upon to pay down a deposit, which should be left in the hands of Government, and in the event of the Company not fulfilling their engagement it was provided that the deposit should be forfeited to the Consolidated Fund. It was also intended that this Sessional order should be continued in future years. With regard to the future, then, it would thus be seen that Government had taken such steps as were necessary for compelling railway companies to com' te GREAT WESTERN RAILWAY COMPANY. 1361 Administration of Justice {JUNE 10, 1853} in Ireland, &c. their contracts. With respect to the inconvenience which the non-completion of the railway in question occasioned to the districts of country in which it was situated, he was far from disputing that it must be very great. He would only call the attention of the noble Marquess to the fact that the powers which were granted to the Great Western Company in 1847, expired in 1854; so that next year it would be open to a new company to apply for powers to effect the works, if the Great Western Company should still decline to continue them. Under these circumstances, he did not see that the Government could interfere at all in the matter. If it should be the opinion of Parliament, or of a Committee of either House, that it would be expedient to refuse any further powers to the Great Western Company until they had completed the lines they had already commenced, it was for them so to decide. LORD CAMPBELL said, it might be useful for their Lordships to know the existing state of the law on this subject. It had formerly been thought obligatory on railway companies to make the lines for which they had obtained powers, inasmuch as they got possession of the land and interfered with public rights; and a mandamus was accordingly granted by the Court of Queen's Bench to compel the construction of a line so contracted to be made. There had recently, however, been a decision in the Exchequer Chamber which set aside the judgment of the Queen's Bench, and determined that there was no power to issue a mandamus to compel a railway company to complete a line for which they had obtained an Act of Parliament. From that judgment there would be an appeal to their Lordships' House, and they would have to decide between the Court of Queen's Bench and the Exchequer Chamber. 1362 money they had spent for different objects from those they undertook to carry out. He thought his noble Friend had scarcely placed in a sufficiently strong light the great public importance of uniting, by railway communication, the Irish and the English Channel, and thus affording faci lities for the conveyance of troops to any given part of the south and north-western coast. At present there was a distance of about forty-five miles on the south coast, or two days' march for troops, between Dorchester and Exeter, which was without any railway. He begged to lay on the table a petition from Salisbury, praying their Lordships not to empower the Great Western Company to make any new works until they had concluded those which had been referred to by his noble Friend. LORD REDESDALE said, he believed the reason why the Great Western Railway Company had not completed that line between Warminster and Salisbury was, that a great many travellers would pass over it to Salisbury, and then proceed on to London by the South-Western Railway, instead of going round to Bath, and from Bath to London by the Great Western Railway, according to the existing arrangement. The fact was, that no efficient control could at present be exercised over the proceedings of railway companies; and he trusted that the eyes of Parliament would at length be opened to the necessity of conferring a controlling power in that matter upon some duly constituted public body. He believed that the Great Western Railway Company had money enough to construct that line, or any works of a similar character. He had himself demanded from that company a statement of their capital, but he had not yet received that statement; and until it should be furnished to him, he would not allow any Bills of this Company to be proceeded with. Petition ordered to lie on the table. The BISHOP of SALISBURY said, the principle which had been laid down by the noble Marquess that this great company should not be permitted to obtain any Bill ADMINISTRATION OF JUSTICE IN IREfor a new undertaking till they had completed those which they had already begun, appeared to him so plain and just a principle that he could hardly conceive it should not weigh both their Lordships and the House of Commons. The EARL of MALMESBURY could not see any hardship in the course proposed by his noble Friend. The company had made a contract with Parliament and the public, and they had been empowered to raise money on the faith of it, which The LAND-APPOINTMENT OF MR, KEOGH. The MARQUESS of WESTMEATH rose to move an address to Her Majesty for papers connected with the administration of justice in Ireland in certain cases. noble Marquess said, that he had taken upon himself to discharge what he considered to be a very disagreeable duty; but not having been able to bring himself to think that it was not a duty, he had come over from Ireland with regret for the purpose of performing it. The Motion was for an address to Her Majesty respect- | same month the present Lord Lieutenant ing the interference of the Irish Go- of Ireland ordered that the hard labour vernment with sentences which had been should be remitted to the prisoners. Now passed by competent authority upon prison- he (the Marquess of Westmeath) could see ers in that country. He regretted to say nothing in the circumstances of the case that sentences so passed had been fre- to justify that proceeding on the part of quently reversed. Now, the reversal of his Excellency. The heads of the Galway sentences, unless in cases where the rever- College, at all events, seemed to have sal was clearly justifiable, was calculated taken a more unfavourable view than the to have a very bad effect in any country. noble Earl of the offence of those parties; It was calculated to have even a worse for they had thought proper to rusticate effect in Ireland, he believed, than in this them for twelve months, while the noble country; but, fortunately, such a thing Earl had remitted their sentences. He was not attempted in this country, and, believed that that transaction, and others therefore, they could not calculate what of a similar character, showed that the the feeling would be if it were. In Ire- Lord Lieutenant was anxious to acquire land, however, when sentences were re- popular favour by a sacrifice of strict and versed, the disorderly part of the popula- impartial justice. His Excellency had purtion immediately took upon themselves to sued a similar policy in the case of a numwreak their vengence upon those they dis- ber of persons who had been sentenced to liked, while the peaceable and well-affected various terms of imprisonment, from twelve were discouraged. The reversal of a sen- months to six months, and downwards, for tence, if passed by a magistrate, was cal- very aggravated offences at the last eleeculated to have a bad effect, because it tion, and who had been so sentenced by brought odium upon him and his office; Mr. Justice Perrin-a judge who was well and if the sentence had been passed by a known to deal very leniently with crimijudge, the act was one of positive censure nals. Again, the Lord Lieutenant had reon the manner in which he had discharged instated Mr. Kirwan in the position which his duty. The first case to which he had the preceding Government had considered to refer had arisen out of the very violent that he had justly forfeited by his conduct conduct of some individuals in the town of at one of the Irish contested elections; Galway. It appeared that at a social and he need hardly remind their Lordships meeting which had taken place in that that at the head of that Government there town at the end of January, or the begin- had been placed a nobleman who had won ning of February last, the band of a regi- golden opinions from men of every party ment of the line had attended, and when during his stay in Ireland. He wished it the object of the meeting was concluded, to be understood that he was then making the band played "God save the Queen.' no attack on Roman Catholics. He had The two individuals to whom he referred, himself many friends and relatives of that Messrs. Timothy Feely and Edward Roche, religion. There were branches of his famstudents of the college at Galway, hissedily which occupied distinguished positions that performance of the National Anthem. in Austria and in France, and all of whose Mr. F. G. Murphy, a magistrate of the members were Roman Catholies. He district, remonstrated with them on the could sincerely say that he looked on the impropriety of their conduct. The matter Roman Catholics of Ireland with the feeldid not go further at the moment; but on ings which became one whose ancestors had the following day these two individuals all at one time professed that religion. went to a place where they had met Mr. But he could not approve of the conduct of Murphy, the magistrate, and one of them, the Government permitting the continued Mr. Feely, beat him on the face and on encroachments and aggressions of the Rothe person in the most inhuman manner; man Catholic clergy-men whose hands while his companion, Roche, who had ac- were against every man, and who had had companied Feely to the spot, looked on, recourse to the most extraordinary and unbut, he believed, did not strike any blow. becoming proceedings for the purpose of The case was brought before the magis- returning their nominees to the House of trates, who sentenced those two persons for Commons. In this very metropolis in the what was called an aggravated assault, to centre of our civilisation-nay, in the Coma month's imprisonment with hard labour.mittee rooms of the House of Commons, That sentence was passed on the 3rd of a Roman Catholic priest had been seen February; but on the 7th or 8th of the making grimaces at a witness, with a view, no doubt, of influencing the evidence he women even, who in a row could fling stones had been giving on his oath before an as well as the men, were sometimes included Election Committee. Englishmen should in the epithet-"Boys, the days are now bear in mind the extreme audacity of such long, and the nights are short. In the auan attempt to mislead a most important tumn the days will be getting shorter, and public tribunal; and they should also bear the nights longer. In the winter-in Noin mind what must be the conduct, and vember, boys-the nights will be very long; what must be the influence, among an and then let it be remembered who voted ignorant peasantry of men who could be for Sir Richard Levinge." It should be guilty of such a proceeding as that in observed, that Sir R. Levinge was the opLondon. He was not then directing any ponent of the gentleman whose claims were general attack against the Roman Catho- supported on that occasion by the present lies of Ireland. It had recently been Solicitor General for Ireland. Now, the said elsewhere that the Roman Catho- words he had just quoted had in Ireland at lics of Ireland were not loyal. But he least a very serious import. In the month believed that that statement was not true. of January last Her Majesty's Government He was sure that the upper classes among had obtained evidence against several perthe Irish Roman Catholics were loyal to a sons implicated in the Ribbon conspiracy in man, and were ready to show their loyalty the north of England and in Ireland; and it by every means in their power. But he was a remarkable fact, that the words conconfessed that he was not quite so certain tained in one of the documents discovered that the nominees of the Roman Catholic among the conspirators in Lancashire very clergy in Ireland were equally loyal, for closely resembled those words which had they themselves sometimes said that they been used by the Irish Solicitor General. were not. But what were we to think of Their Lordships might say that these words a Government who, by sanctioning the were mere gibberish-to the uninitiated doings of these priests, placed us, to a they might be so, but to the initiated they great extent, under the influence of people were full of meaning. In that document who did not hesitate to declare that British there was the following passage:-" The affairs were vastly secondary to other con- summer is approaching, and the short days siderations which they had in view? But are gone, Friendship will flourish; yes, and the Government had thought fit to form then the days will get long. May freedom an alliance with the Irish party; they had rule by land and sea, and death to him thought fit to nominate an hon. and learn- who shall betray!" The Solicitor General ed Gentleman of that party to the post of for Ireland might in the natural course of Solicitor General for Ireland. He readily things expect to be made a Judge at no acknowledged the talents of that hon. and very distant period; and he (the Marquess learned Gentleman; but he believed that of Westmeath) wished to know whether Her Majesty's Ministers could not have Her Majesty's Government would be prebeen aware when they had made that ap-pared to raise to the bench the man who pointment of an occurrence which he would state to their Lordships, while he felt that it was one of which they ought not to have been in ignorance. At the last election for the county of Westmeath, Mr. Keogh, although he did not hold, as he (the Marquess of Westmeath) believed, a single acre of land in that county, canvassed the electors in favour of a gentleman who was ultimately elected. In the course of that canvass a meeting was held in the open air, in the town of Moat, at which Mr. Keogh had, according to the testimony of three magistrates who had been listening to the hon. and learned Gentleman, used language which he (the Marquess of Westmeath) would repeat to their Lordships. "Boys,' said the hon. and learned Gentleman-for in Ireland every male between the age of sixteen and sixty-five was a "boy," and the had used the language he had quoted; and three magistrates, he would repeat, would be ready to depose to the fact, that the hon. and learned Gentleman had addressed those words to a crowd in the town of Moat. The magistrate who had first communicated the intelligence to him, informed him that a poor farmer, who was standing by his side, had said to him at the time, "What would be done to me if I had used those words?" He (the Marquess of Westmeath) had referred to the case, not for the purpose of making an attack upon Mr. Keogh, but in order to show the dangerous policy which Her Majesty's Government were adopting in Ireland. That policy was evinced by the mode in which they had enlarged prisoners in that country, and it was also evinced by their conduct to the soldiers, who, after having been engaged 66 in defending the law at Six-mile Bridge, tice upon the paper. He was happy to be had been placed in the dock as culprits. enabled to congratulate their Lordships There was another subject to which he upon the circumstance that the state of thought it advisable that he should refer at Ireland was at the present moment so tranthat moment. The hon. and learned Gen- quil, so free from disturbance of every detleman the present Solicitor General for scription, that the noble Marquess had been Ireland had been entertained at a dinner compelled to bring under their notice a by his constituents in Athlone; and what matter which in importance was very slight would the noble Lord, who had introduced indeed, and afforded but very inconsiderthe Ecclesiastical Titles Bill, say to the able ground for complaint. The noble fact, that the first toast at that dinner had Marquess had stated that persons who had been 66 The Pope," which had been given been condemned for certain offences in with "nine times nine," while the "Health Ireland, had been arbitrarily released. The of Her Majesty," which had followed, had two cases to which the noble Marquess had been given with the usual honours?" He referred were as follows:-The first case held in his hand a list of the toasts which was that of two students of the Queen's had been proposed at that dinner. First College in Galway-and he (the Earl of upon the list was The Pope," and then Aberdeen) wished to assure their Lordships, came "The Queen;" and the hon. and with respect to the parties implicated in learned Gentleman Mr. Keogh was, as he that case, that he had not the slightest (the Marquess of Westmeath) had been conception whether they were Protestants informed, present upon the occasion when or Roman Catholics. One of the students those toasts were thus given. He was to whom he had just referred, had, it apsorry to find that the Government should peared, been present upon some occasion have selected for a position connected with upon which the air of "God save the the administration of the law in Ireland a Queen" was played, and refused to take person who could be capable of entertain- off his hat; upon which a gentleman, Mr. ing sentiments and opinions such as those Murphy, who was standing near him which had been attributed to the hon. and thought proper to knock it off. The aslearned Gentleman in question. He re-sault to which the noble Marquess had gretted extremely to have been obliged to bring forward the topics which he had brought under their Lordships' notice that evening; but he had done so because he believed it to be a duty which he owed to himself and to the country to call the attention of Parliament to a state of things of whose existence he could by no means approve. The EARL of ABERDEEN said, that he knew nothing whatsoever of the circumstances connected with the late election for the county of Westmeath, nor of the speeches which had been delivered at the time of that election. If the noble Marquess had given notice that it was his intention to bring that subject before their Lordships, he (the Earl of Aberdeen) should have endeavoured to obtain some information upon the subject; but he had addressed his attention entirely to those points of which the noble Marquess had given notice, and was completely ignorant of the character of the speeches which had been delivered. at the hustings in Westmeath. He should, therefore, without adverting further to that subject, immediately address himself to reply to the noble Marquess in connexion with the particular questions with respect to which he had placed a no called their attention was the consequence of this proceeding, and the two students were sentenced to ten or twelve days' imprisonment, with hard labour, according to the Statute. But the very magistrates who had passed this sentence had forwarded a recommendation to the Lord Lieutenant of Ireland to the effect that it would be desirable to remit that portion of the sentence which enjoined hard labour, inasmuch as those upon whom it had been passed were physically unable to undergo the hardships which would be consequent upon its execution. It was precisely and altogether upon this recommendation of the committing magistrates that that part of the punishment had therefore been remitted by the Lord Lieutenant; and he felt persuaded that their Lordships would not be inclined to condemn the conduct of his noble Friend in exercising his elemeney under all the circumstances of the case. The next case to which the noble Marquess referred, was that of ten or twelve persons who had been engaged in a riot which took place at the time of the late election in the city of Limerick. Those parties were sentenced by Mr. Justice Perrin to several months' imprisonment, and a petition very numerously signed was presented to the |