The Irish Exchequer Barons have been proved ignorant of the
law and practice of their own Court. They have been issuing writs of rebellion by the hundred, every one of which was irregu- lar and illegal. They revived for plaintiffs in tithe causes an ob- solete and extreme remedy, without ascertaining that the parties were legally entitled to it. The opposition of the Crown Lawyers did not make them pause. They saw that their commissioners of rebellion created a spirit of resistance among the people, which threatened to convert the fiction of law into a truth, and spread petty insurrections over the country. Still they persevered, without once examining into the legality of their own proceedings; trusting to the assertions of counsel, as ignorant as themselves. But the proceedings of these merciful, cautious, and leaned administrators of the law, have been at length subjected to the much-needed scrutiny. It has been discovered that the ancient and established practice of the Court of Exche- quer was to give a defendant four distinct warnings before the writ of rebellion for the contempt of Court was issued. He was summoned to answer the complaint against him by three differ- ent processes after the filing of the bill ; in the event of his not appearing, an attachment was issued to the Sheriff, who was to make proclamation ; and then, the Court being satisfied that all these ..ntermediate steps had been taken, issued the writ of rebellion, which authorized the arrest of the defendant. Now, of these four warnings, only one has been given to the recent defendants in tithe suits. Two of the three summonses, and the proclamation, have been omitted. The consequence is, that all the " rebels" have been illegally arrested and imprisoned, and that all the sequestrations of property for debts and costs have been made contrary to law. This is the undeniable fact. The only question which the Judges had to consider was, not whether the established practice of the Court was such as we have described i it—for that is admitted—but whether they should, by an ex post facto decree, render that lawful which is plainly at variance with
the law of their own Court. They have decided in favour of a motion made by Mr. O'CONNELL for the release of a " rebel," arrested by virtue of one of the illegal writs. The remaining prisoners must, of course, be released. As for the reverend plain- tiffs, who will probably have to restore the money they have levied through the agency of Mr. PHILL. RYAN on such paupers as REILLY, together with costs of their oppressive proceedings, and damages to the sufferers, we recommend them to commence actions against the Lay Association, since it was principally through the instrumentality of these meddlers that they have got into the scrape.
But the case of the Judges is the most serious : how should they be dealt with ? It must not be forgotten, and it gives a deep dye to their delinquency, that lives have been sacrificed in executing writs of rebellion, which were issued in violation of the law. To take away human life in the process of collecting a debt, is itself a heinous fault in the polity of the State which permits such doings ; and with this fault, this crime, has the Legislature which maintains the tithe system in Ireland been chargeable. When the slaughter of the peasantry was legal, it excited almost uni- versal horror; but the excuse for Rathcormack, horrible as it was, cannot be urged in defence of rebellion writ massacres, for they were not perpetrated according to law. Are the men from whose culpable ignorance or carelessness such consequences have ensued, fit to be on the bench of Justice ? Surely they ought not to escape uncensured and unarraigned. But how can they be called to account ? By an impeachment?—The Peers must be their judges. By an address to the Crown for their removal ?—In that both Houses of Parliament must concur. JOY, FOSTER, and PENNEFATHER, ye are safe. We now know the full force of O'CONNELL'S earnest iterations on the subject of Judge-appoint- ments in Ireland.
