challenged twenty persons, all Protestants; and by the Attorney General of that day, the sixteen persons, of whom six were Protestants, and ten Roman Catholics, were put by, by the Present Chief Justice Monbanan, himself Crown, not finally, but until the panel was gone a Roman Catholic. The Crown Solicitor, through, when the juror should be sworn, unless a before the trial of Mr. Mitchel and his concause of challenge could be shown. Of the guilt of federates, asked what he was to do with the prisoner no one could entertain a doubt, and regard to setting aside jurors. M. MonaBaron Greene, in passing sentence, said, It is han did not fail in his fidelity to the Crown; impossible for any one who has heard the evidence adduced upon this trial to doubt the pro- but he took care that a conspiracy against priety of the verdict which has been given. I the Throne should not be maintained by a abstained cautiously in my observations to the conspiracy against the law. Mr. Monahan jury from intimating what my own opinion was replied that it was never his wish that with respect to the truth of the charge against you. I merely read the evidence to them, and laid jurors should be set aside for their religious down the law; but I am bound to express my con- opinions; "But," he saidcurrence in that verdict, and I cannot think that "With respect to the propriety of setting aside in that opinion any fair, honest, and reasonable jurors on account of their political opinions, I do man can avoid concurring. No person was not think that the instructions given on the subset aside on account of his being a Roman Catho- ject by previous law officers were ever intended to lic; the most diligent inquiry was made, and in-apply to a case like the present, in which a party formation confidentially given both by Roman is to be tried for a political offence, and is openly Catholic and Protestant gentlemen respecting the supported and countenanced by certain political names on the panel; one of the gentlemen put by associations." was for a cause, the disclosure of which does not lead to a breach of confidence-namely, that he was tried in the county of Kerry in 1832 for a conspiracy against the payment of tithes, was convicted, and sentenced to fine and imprisonment. Had this gentleman been left on the jury, and had another disagreement taken place, it would naturally have been said that no other result could have been expected when a gentleman who had himself been convicted, fined, and imprisoned in the same county was left on the jury. It was but fair to him to leave him off on such a trial. There were a number of Roman Catholic gentlemen on the panel that it would have been desirable to have on the jury, but some did not answer when called, and others were low on the panel." It was true that the gentleman in question was struck off the list, and properly struck off, and had he been present on the occasion he should have desired him to stand by. Politics and religion were never inquired into by the Lord Chancellor, if he had the recommendation of the Lord Lieutenant of the county in favour of a particular magistrate; but, if the Lord Chancellor had been apprised of the event in question he would probably have directed further inquiry to be made, and would have asked if he could not be furnished with the name of some gentleman equally respectable who had not had the misfortune to be concerned in a similar transaction. He thought that the Crown Solicitor acted fairly in setting this gentle man aside. He would remind the right hon. Gentleman that the only one other instance in which the Treasons Felony Act had been applied, was in the case of Mr. Mitchel, which occurred when the Earl of Clarendon was Lord Lieutenant. That was the first time the Act had been enforced, and he turned to see the instructions given And he concluded as follows: : "All that I wish for is a fair, impartial, and unbiassed jury; and, in my opinion, to allow any not coming within this description to be sworn would be to defeat the administration of the law, and be totally inconsistent with the true principle of trial by jury, which is that the juror should stand indifferent between the Crown and the prisoner." He was present at that trial, and he would now show how the instructions of a Roman Catholic Attorney General were carried out :-On the trial of Mitchel, in Dublin, in 1848, the names of the jury and those put by the Crown appear in the Freeman's Journal of the 26th of May, 1848, which states that 71 jurors appeared; of these 55 were Protestants and 16 Roman Catholics; that the Crown set by 39, of which 16 were Roman Catholics, and that every Roman Catholic that appeared was set by, and the jury was composed exclusively of Protestants. These men were not set aside because they were Roman Catholics, but because the case was one of political confederacy. Sir M. Barrington set aside no man on account of his religious opinions, and he was much more sparing in using the prerogative of the Crown than had been the case on former occasions. In the case of the trial of two Roman Catholic clergymen, during the period when the right hon. Gentleman (Mr. H. Herbert) was Chief Secretary, a whole county (Mayo) was set aside, for they were brought to the county of Dublin and tried by a jury of that county, and one of the grounds of an appeal not further to prosecute the case against them was, that the expenses incurred by them in their trial at Dublin exceeded the fine that would have been imposed if they had been tried and found guilty at Mayo. Returning to the question before the House, he would ask the right hon. Gentleman whether, in his opinion, the prisoner had not been fairly tried? If he had, justice had been done, and it was not a wise thing to render the administration of the law more difficult in Ireland by a gentleman in the station and position of the right hon. Gentleman expressing disapprobation of the course taken by an officer of the Crown in assisting the administration of justice and vindicating the law. MR. H. A. HERBERT said, that in answer to the appeal of the right hon. and learned Gentleman, he had no hesitation in repeating what he had already stated, that he had no doubt of the prisoner's guilt. Having read the charge of the Judge, whose reputation stood very high in Ireland, he could not for one single moment doubt the justice of the verdict. And more, he did not say that because a jury was a Protestant jury it necessarily followed that they | would give an unfair verdict. On the contrary, he believed they would give a just and righteous verdict. Still he regretted the course which was pursued by the law officers of the Crown. He wished to make no attack on Sir Matthew Barrington; but the right hon. and learned Gentleman on the other side (Mr. Whiteside) had given no reason why the eight other gentlemen, other than Mr. O'Connor, were ordered to stand by at the trial. The right hon. and learned Gentleman had stated that it had been the practice to tell jurymen who might be supposed to have a bias in favour of a prisoner to stand by, but he did not deny or explain the fact that on that occasion every Roman Catholic was told to stand by; and that therefore the jury was composed of gentlemen exclusively Protestant. If ever there was an occasion on which not only was it just, but it would have been politic and prudent, to avoid even the appearance of introducing anything like proceedings of a sectarian character in a trial, it was that of which they were now speaking. What was the case? The right hon. and learned Gentleman had told them that there was a political conspiracy in Ireland. No doubt such was proved to have been the case. There was such a conspiracy, of the object and proceedings of which he hoped it was not necessary for him to say that he entertained the utmost abhorrence. But what were the circumstances? The con spiracy came in from another country-he believed it came first from America; but it was repudiated by the people of Ireland, by the peasantry of Ireland. Almost the first information given to the Government with reference to this foolish conspiracy was from a Roman Catholic clergyman. As soon as it was known that it had crept into the country the conspiracy and the conspirators were denounced by the Roman Catholic clergy in every part of the country where it was supposed that the emissaries of the conspiracy had made their appearance. In fact, the conspiracy, before any measures had been taken by the Government, had been "nipped in the bud." This he asserted on his own personal knowledge. But if he wanted corroboration he would call as a witness the right hon. and learned Gentleman opposite, the Attorney General for Ireland, and ask him to repeat the compliment which he paid to the Roman Catholic clergy at Tralee. And what was the return? That the Roman Catholics were denounced as unfit to sit on a jury. [Mr. WHITESIDE said he must deny the accusation]. The right hon. and learned Gentleman was probably too prudent to say so in the interesting position of the present Parliament, but this principle was acted upon as a matter of fact, and the law officers of the Crown, by their proceedings, avowed their belief that Roman Catholics were not proper persons to serve as jurors on a trial of that kind. He (Mr. H. A. Herbert) maintained that the general holding off of the people from this conspiracy, the prompt action of the Roman Catholic clergy, the fact that Roman Catholic gentlemen on the grand jury concurred in finding a bill-all went to show that there were the strongest reasons against the course which had been adopted. Some stress had been laid on the prisoner having set aside some Protestants; but that was a very different matter, for it was the duty of the counsel for the prisoner, by every possible means which the law allowed, to procure a verdict for the prisoner; but he ventured to submit that there was no such duty on those who represented the Crown. The right hon. and learned Gentleman had alluded to one, and to one only, of the gentlemen who were excluded among the nine. That gentleman was a magistrate, and had been placed in the commission on his (Mr. Herbert's) recommendation. The right hon. and learned Gentleman had brought up against the gentleman referred to the fact that twenty-seven years ago he had been convict ed of a political offence. He need not allude to the state of Ireland in 1832, more than to say that there was then a general rising of the Roman Catholics against the payment of tithes. Extreme excitement existed all over the country, and this gentleman, then a very young man, was charged with joining in the conspiracy against the payment of tithes. He had made a speech in an obscure village, and he was convicted and sentenced to a fortnight's imprisonment from the commencement of the session, of which time one week had then elapsed. This gentleman felt extremely indignant at the treatment which he had received from the present Government, and he sent him (Mr. H. Herbert), as Lord Lieutenant of the county, a letter tendering his resignation of the office of magistrate, and requesting that it should be forwarded to the Lord Chancellor. He (Mr. H. Herbert) believed that the Gentleman was exceedingly well qualified for the magistracy, though the right hon. and learned Gentleman did not think he was qualified for the subordinate one of juror. MR. WHITESIDE explained that he had not said that the gentleman was not fit to be a juror; but what he did say was, that a person who had been convicted of conspiracy himself was not a fit person to try another for conspiracy. MR. H. A. HERBERT said he thought that that statement coincided with what he had said. He thought that his statement was fully borne out; for the hon. and learned Gentleman said in effect that because this gentleman had been convicted of this offence he was for ever afterwards to be incapable of discharging the duty of a citi zen. He was proceeding, when interrupted, to say that he had recommended this gentleman to be a magistrate because he considered, from the high character which he bore in the county, that he was fit to be on the bench; and he still held that opinion. When he received the letter to which he had referred, he wrote back to the gentleman and stated that he thought it would be a great loss to the public of Tralee if he persisted in his determination; and added, that because the Government had acted improperly, he did not think that that was any reason why the public should be deprived of his services. If the Government now thought otherwise they had the remedy in their own hands, for the Lord Chancellor could take away the commission which the gentleman no longer wished to hold. He (Mr. H. Herbert) repudiated any wish to excite sympathy for the prisoner, who, he believed, had been justly found guilty, but in a population comprising an enormous majority of Roman Catholics, that majority conducting themselves with the utmost propriety, and evincing (some very young men and persons of bad character expected), no sympathy with the prisoner, it was most inexpedient to exercise the privilege possessed by the Crown in the manner in which it had been exercised on this occasion. If ever there was a time at which it would have been politic to have had one or two respectable Roman Catholics on the jury it was this. To show the opinion entertained in the county on the subject, he would read ap extract from the letter of a Protestant magistrate, who said it was a most unnecessary and improper act to strike off men who could certainly be trusted." Another gentleman, who was as strong a Protestant as the hon. Gentleman opposite (Mr. Spooner), and a high Tory, said, "the Crown made an egregious blunder in challenging Mr. O'Connor, and in not having some respectable Roman Catholics on the jury." It would have been not only just but prudent to have avoided all appearance of sectarianism, and he was quite sure that no one would have been more ready to find a prisoner guilty, if he were really proved such, than the person to whom the right hon. and learned Member had objected. FLAG OFFICERS. QUESTION. By ADMIRAL DUNCOMBE said, he would beg to ask the First Lord of the Admiralty why the vacancy on the (A) Flag Officers' List, caused by the death of Admiral Douglas in December last, has not been filled up, in accordance with the Order in Council of the 25th of June, 1851? Nineteen vacancies had occurred of which eighteen had been filled up, but the nineteenth still remained open. not filling up this vacancy a great hardship was inflicted on certain officers in the service. The senior captain on the list, who would otherwise have received promotion, enjoyed a good-service pension, and the difference of pay would not therefore be to him considerable; but had he happened meanwhile to die, his widow would not have received so large a pension as if he had received promotion in the ordinary course. It was certainly not from any desire to create patronage that the First Lord had abstained from filling up the va cancy, for had he done so he could have evening as to the head of the Indian Governhad a good-service pension at his disposal. ment in India having been required from SIR JOHN PAKINGTON said, he was this side of the water to receive and mainthe more willing to answer the question of tain on the Indian establishment a greater his gallant Friend, because it was free from number of troops in Her Majesty's service that electioneering character which attach- than was desired for the defence of India ed to a good deal that had been heard that and for the preservation of peace during evening. He had to state in reply that the present year. He thought that everywhen the vacancy occurred, the pension body must see that, in the present state of was offered to a gallant admiral, bnt the the finances of India, it was not desirable offer was declined, and he (Sir John Pak- that any burden should be imposed on that ington) was informed, perhaps incorrectly, country which was not necessary for its that from the peculiar nature of that pen- safety and welfare. He had not himself sion list, previous offers of a similar cha- heard anything that would lead to the beracter had been declined. He had con-lief that such was intended, but an impressidered it better to suspend the filling up of the list for a time, under the belief that a new system of retirement which he had in contemplation would render it unnecessary to retain this list at all; and, indeed, the list was only one of many contrivances that were resorted to, from time to time, as substitutes for a well-regulated system of naval retirement. He thought when such a system was adopted the list would be altogether unnecessary. He had not matured his plans, however, and consequently it would be a hardship to continue the vacancy any longer. He had therefore the pleasure of informing his gallant Friend that some days ago he had determined to fill up the appointment. He had not yet matured his plans, and therefore he believed it would be hard to continue the suspension any longer, and consequently he had, within the last few days, filled up the vacancy. OUR TROOPS IN INDIA AND SIR G. C. LEWIS said, he wished to ask the Secretary of State for War a question on the subject of the numerical force of troops to be retained in India during the next financial year ; and as there appeared to exist some misundertanding as to what had been stated the other evening, perhaps the right hon. and gallant Gentleman would have the kindness to state distinctly to the House, so far as his memory would serve him, what was the present number of troops of all arms in India, and what reduction he contemplated making in the course of the year, inasmuch as the Estimates had no doubt been framed with a view to that prospective reduction. He would also ask whether there was any foundation for the statement which was made on a former sion of the kind prevailed in certain quarters. It would also be advantageous if the right hon. and gallant Gentleman would state whether if the Indian Government found that they would be able to return a greater number of men to this country than they previously thought would be possible, Her Majesty's Government would be prepared to disembody the militia, or to make other arrangements to receive those additional regiments in this country, or whether it would be necessary to come to the House for further powers. MR. MONSELL said, he would beg to ask the Secretary of State for War why the report of the last competing examination for Cadetships in the Royal Academy at Woolwich was not published within the usual time after the conclusion of the examination; and why there has not been the usual public notice of the approaching examination? In his opinion one cause of the great success of the examinations at Woolwich was the great publicity connected with them. Of the seven previous examinations the reports had been published within a very short time; but of the examination which was held three months ago there had been no report. GENERAL PEEL said, he would first reply to the question of the hon. and gallant General the Member for Westminster (Sir De Lacy Evans), with respect to the detachment of the 41st Regiment at Trinidad. The authority by which the troops had been moved from camp to barracks was the local authority on the spot. They were encamped in consequence of the outbreak of fever in September, and were probably sent back to barracks because the fever had ceased to rage. From information he had received that morning it appeared that the troops were now in camp, and therefore he did not know for certain that they had ever been sent back to bar racks. He was sure that the hon. and gallant Member would be glad to hear that it appeared from the report which he had received that the fever had entirely ceased, and that the health of the troops was good; though it was thought advisable that they should still remain encamped whilst the barracks were cleansed and whitewashed. The hon. and gallant Member had also alluded to the removal of the detachments from Trinidad, and he could inform him that by the last mail he had sent out through the Colonial Office a discretionary power to the officer in command, if he thought it necessary, to remove the troops. The barracks were as well constructed as they could be; and the mortality during the last ten years had not been greater in Trinidad than might be expected, for the deaths among the Europeans were not more than 4 per cent, whilst in the black regiments the mortality was 3 per cent or more. The right hon. Baronet (Sir George Lewis) had asked what was the present number of troops upon the Indian establishment, and if any of them were to return home during the year. Speaking from memory, as he had had no notice of the question, he should say there were seventy-three regiments of infantry and twelve regiments of cavalry now in India. Before framing the Estimates for the year he had endeavoured te come to an understanding with the Secretary of State for India as to the number of troops that were likely to return home during this year. There was no desire to impose upon the Indian Government any number of troops, and he would have been glad to receive any regiments that could be sent home; but in consequence of the letters of Lord Clyde, in November, in which he said that seven regiments of infantry and one of cavalry were all that could be spared during the next year, the others were left upon the Indian establishment. So far from desiring to impose unnecessary burdens upon the Indian Government, the great difficulty had been to meet their demands. That Government, without any communication from home, had sent out vessels and taken regiments wherever they could get them. The right hon. Gentleman opposite (Sir George Lewis) had also asked him whether, in the event of any additional regiments coming home from India during the next financial year, over and above those which were expected, there would be any objection to receive them in this country, and whether they could be maintained here by means of disembodying some militia regiments or otherwise without exceeding our present military establishment. In answer to those questions, he could only say that there was not the slightest wish on the part of the Government here to impose upon that of India the necessity of keeping there a single regiment beyond those which they required, and that if they should deem it expedient to send to this country other regiments in addition to the seven which were already under orders for return home, Her Majesty's Ministers would not have the slightest objection, looking to the present state of Europe, to receive them. The Indian Government had sent a requisition to this country for twelve batteries of artillery, and not only had it been there resolved to raise that force, but they had determined to raise twelve European batteries of their own, so that in deciding to comply with their request on that point, Her Majesty's Ministers were only acting in accordance with what they deemed to be the requirements of the Indian service. The order to send out those twelve batteries had, however, since been rescinded. With respect to the question of the right hon. Gentleman the Member for Limerick (Mr. Monsell), in reference to the examinations at Woolwich, he could only say that when he had come into office he had promised that two additional examinations should be held there exactly on similar terms as those on which they had previously taken place. In consequence of that promise the Rev. Canon Moseley had been allowed to adjudicate on those examinations as before. The right hon. Gentleman was mistaken in supposing that any greater delay existed in the publication of the reports of the last examination than had occurred on former occasions. In consequence of the illness of one of the examiners, indeed, the report had not been sent in as soon as otherwise would have been the case, but it would be published to-morrow, and a copy of it would be sent to each of those who had presented themselves for examination. The right hon. Gentleman had also asked why the usual public notice had not been given as to the time at which the approaching examination would be held. In reply to that question, he had simply to state that such notice had been duly given in The Gazette on the 15th of March last. It had not been inserted in the various public journals, as had previously been the case, because it would have been charged for as |