IRELAND.

The Dublin Election Commission, after an adjournment of a fort- night, to give the agents of the sitting Members time to arrange their evidence, reopened the Court on Monday. What then occurred is thus related by the correspondent of the Courier.

" A witness was tendered on behalf of the sitting Members, to prove the fact of an agreement having subsisted between the landlord and tenant (by virtue of nhich the former was to pay all taxes,) in one of those cases in which an arrear was deposed to on behalf of the petitioners, at an eat ly stage of the pro- ceedings.No one dreamed of the possibility of this evidence being rejected by the Co.mmissioners, as this point of agreement between the landlord and tenant, removing all liability from the voter, was one of those on which the sitting Members. placed their utmost reliance from the commencement. Nay, one of the principal grounds on which the Commission was granted was, to receive evidence on the spot as to this very subject of agreements. To the surprise and consternation of the sitting Members' agent, the Commissioners peremptorily refused to receive one particle of the proposed evidence ; an admission as to this point, of the most limited and useless description, having been trumped up and handed in by the agent for the petitioners. It was in vain that Mr. Murphy protested against this 'admission,' as being not only totally useless to him, but containing misstatements in point of fact. The Commissioners continued in- exorable, and even contended that, independently of the admission, they were precluded from receiving the evidence by the Act of Parliament, forsooth, by which they are governed ! A knowing wink and a chuckle of inexpressible satisfaction were then interchanged between Mr. Commissioner Joy and the agent for the petitioners ; and the Court was shortly after adjourned until Tuesday morning." On Tuesday, Mr. O'Connell himself appeared in Court, and walked towards the bench. Perfect silence prevailed. Mr. Haire, the Chair- man, bowed to Mr. O'Connell ; who returned the salutation, and said, in reference to the decision of the previous day—" That certainly is a strong measure." Mr. Ardill, another of the Commissioners, then bowed to Mr. O'Connell ; who took no notice of him, but proceeded at once to ad- dress the Court. Mr. O'Connell protested against the rejection of testimony considered indispensable by his counsel and agents— Ile called upon the Court, as one of the sitting Members, to hear him in ar- gument on their decision of the previous day. This, he contended, they bad a right to do, in conformity with the 24th section of the Act, which only em- powered them to refuse any barrister or counsel to examine witnesses. It directed that the Commissioners should be the persons who were to examine witnesses ; but it did not prevent the agent or attorney, much less the party, whose right was paramount, from pleading. The Chairman—" As we understand the Act, we do not see any thing in it conferring such a power on the agent or any other person." Mr. O'Connell—" That may be ; but the Act should take away the power, in order to enable you to take it away. It is a common law right for every man to plead in his own cause. The privilege is universal as regards the agent, and equally universal as regards counsel, unless taken away by a particular enactment. This Act only takes away the right of counsel, but does not in- terfere with that of the agent. Therefore, as a party, I demand of you that I shall be allowed to conduct this case, subject to the provisions of the Act of Parliament. I will not attempt to examine or cross-examine witnesses. You are directed to examine fully into evei y thing the parties may offer. A clause of the Act intended to prevent partiality on the part of the Commissioners; that is the purport of the Act ; and I think it is sufficiently effective for the purpose, because it requires that such evidence as may be rejected shall be placed ou a rejected sheet. For the present, I claim my right te direct the mode of these proceedings. It is of course my intention to appeal elsewhere, and to complain of the manner in which this Commission has been conducted, and in particular to apply the evidence to one Commissioner. I think it right to inform you of this, and to show you that I am not to be put down. I stand here with rights which you, as Commissioners, are sworn to acknowledge ; and I will point out to you what your duties are as prescribed by the Act, in order hat you may guide your conduct accordingly in future."

Chairman—" We are merely a Court for the examination of witnesses. It is before the Committee you are to argue."

Mr. O'Connell—" This marks at once, this distinctly shows, the line you are pursuing. The Court has only to examine witnesses, and yet you decide what witnesses you will examine."

Chairman—. We will examine witnesses respecting every thing in issue." Mr. O'Connell—" Is it not in issue whether my voters are in arrear for taxes or not ? I want you now to receive evidence of their non .liability, oil the ground of agreements having subsisted between them and their landlords." The Chairman repeated his last observation.

Mr. O'Connell—" You are to receive evidence respecting all matters of fact te.nding either to substantiate or refute the allegations contained in the petition. One allegation contained in the petition is, that my voters are in arrear for taxes; and I want to give evidence to show that they are not in arrear, by going to prove that the said voters never owed any taxes, because their respective landlords had contracted with them to pay them. You are not to form an opi- nion as to the point of law. You have no judgment to form upon the matter. You must admit, however, that this will tend to establish my case directly ; and that being so, I proceed first to protest against your rule, and mode of cross-examination. I read what purported to be a copy of it, and it struck me with astonishment that Irish barristers could promulgate such a document."

Mr. Joy, who had been p icing the room up and down behind the Commis- sioners' seats, here stepped forward and whispered something to the Chairman. Mr. O'Connell—" If the Commissioner has any thing to say, he ought to speak loud enough to be heard."

Mr. Joy—" If Mr. O'Connell alludes to me, I have only to say, that I was aildn sing myself to the Chairman, and not to Mr. O'Connell." Mr. O'Connell—" I do not complain of your addressing the Chairman ; I only wished you to speak sufficiently loud to be heard." Itlr. Joy— I will not do so." Mr. O'Connell—" I am not at all surprised at your determination."

Mr. Joy—" We have met here to go into the examination of witnesses ; so let them be produced."

Mr. O'Connell then stated, that the landlords were liable to be rated, not the tenants : be offered evidence to prove tide, and also to prove that, where the tenants were rated, it was done fraudulently. He wished to put in Mr. Murphy's documentary evidence on this point ; but the Commissioners would not receive it. Mr. O'Connell declared that they violated the Act of Parliament. Mr. Joy said, if they heard Mr. O'Connell, they must hear the five petitioners. Mr. O'Connell replied, that they were certainly bound to hear them also.

Chairman—" The only thing we have to do, is to examine witnesses. We Cannot hear you." Mr. O'Connell (looking at the Act)—" You swear that you will act between the parties without favour, affection, or malice."

Chairman—" We do decline to hear you, Mr. O'Connell."

O'Connell—" I am not here to advocate my own privileges; I am here to advocate the rights of the King's subjects. The Judges of the land, the highest judicial tribunal, could not refuse to hear a party in his own cause ; and yet this tribunal, which is one with comparatively limited power, assumes the right to do so. I am here for the purpose not of asserting may own right, but that of the King's subjects in general." Chairman—" We conceive that that should be done before the Committee." Mr. O'Connell—" Have you not already decided upon the rejecting of evi- dence?"

Chairman—" We have."

Mr. O'Connell-..." Then, I ask you, is not that a judicial determination upon my case ? "

Mr. Joy—" This Court has no right to hear arguments. We have come to that decision. If the Commissioners are wrong, it is in the power of the Committee to reassemble: and if they send back the petition, it will be the bounden duty of the Commissioners to reopen the Court, and act upon the di- rection of the Committee. We are not sitting here to hear arguments ; but evidence tendered within the meaning of the Act of Palliament ; and if we were even inclined to hear both parties in argument, the Act does not permit be to do so."

Mr. O'Connell—" Now, see how grossly wrong such a course is. You will receive an argument in writing, but not by word of mouth. Only observe the absurdity of it, and how it actually contsadicts itself."

Chairman—" We cannot hear you." Mr. O'Connell insisted on being heard. The Chairman threatened to adjourn the Court. Mr. O'Connell said, he would force them to take that step, for they should not prevent him from speaking: be stood upon the common law right of every man to be heard in his own defence. He would take a full and distinct admission from the agent of the petitioners, that the landlords, not the tenants, were bound to pay the taxes; but he would not take the admission with the reserva- tions clogged to it. Finally, the Court was adjourned to ten o'clock the next day ; and Mr. O'Connell said, it would be well for the Commissioners to con- • eider in the mean while, whether they had the power to prevent a party from being heard in his own right. On Wednesday, the Commissioners reopened their Court, and Mr. &Connell reiterated his demand to be heard. The Commissioners again refused, and called for any evidence the sitting Members had to offer. O'Connell said, he had several witnesses to speak to an all- important point ; but the Commissioners would not receive their evidence, neither would they listen to any argument be could offer to induce them to alter their determination' but he was resolved, never- theless, that they should hear him before proceeding any further. The Chairman said—" Then I will be obliged to adjourn the Court, as I did ymterday."

Mr. O'Connell—" I will drive you to it. I will not shrink from the per- formance of my duty to myself and the public generally ; but I will perform it without doing any thing that could create any indecent disturbance in Court. You may, then, adjourn at once; for I will go on until you hear me on that point which you have decided judicially." Chairman—" You say one thing, we say another ; and until either of us clumge our opinion, it is very right that we should proceed without any dis- turbantx in Court." Mr. Joy—" Whatever we do, we should do deliberately ; and if we should hereafter consider that we have a right to hear the sitting Members on one side, and the petitionem on the other, every one of the Commissioners will come for- ward and admit it. hut while we are of opinion that, under the Act of Parliament, we have not the right, we will persist in refusing ho hear either Party." Mr. O'Connell—" Could dine be a stronger reason why I should be heard, than that you may alter the opinion which you have formed, without hearing the point argued? You may alter your opinion, you say; and yet you decide judicially a point of law against a party, and against a number of the inhabitants, my voters, who have been impeached, and that, too, in the absence of argument. I mean, therefore, to persevere ; and you are only losing time by not allowing me to proceed."

The Court was then adjourned to ten o'clock on Thursday.