CHAP. VIII. Liv. Lib. 3. The Philosophic historian presents an awful warning against these perilous experiments upon the passiveness of an ill-treated People, "Ne nimium in metu alieno spei po namus, ubi graviora que patiantur " videri jam hominibus, quam que "metuant." CHAP. IX. Of the Laws, which aggrieve the Catholics, "touching the Administration of Justice, "and Trials by Jury." CHAP. IX. SECTION I. lib. 3. Black, Comm: Montesquieu's 1. THE impartial Administration of Cicer. Offic. Justice, which secures both our persons and Vattel. Fils. I. properties, is the great end of civil society, vol. 3. 379--383 One of the principal duties of every Nation, is Esprit des Loix, that of Justice.-It is the common bond of confidence and security amongst mankind: "soci"etatis humanæ vinculum." It ought to be, not merely chaste, but not liable to suspicion. If, however," says Blackstone, "the "Administration of Justice be entrusted to a "select body of men--as for instance, to men generally nominated by the crown, or such as enjoy high offices under the crown-their lib. 11, ch. 6. Blackstone's sentiments. CHAP. IX. Sentiments of stone. applicable to Ireland. Óutavard resem Administration of Justice. 66 decisions, in spite of their own natural integrity, will have frequently an involuntary "bias towards those of their own rank: for it " is not to be expected, from human nature, "that the few should be always attentive to the "interests and the good of the many." How, forcibly do these observations apply to the Administration of Justice in Ireland!—where the Judges and Juries are not only nominated by the Crown, or by officers dependant upon the Crown, but selected upon a narrow principle of religious jealousy, which excludes the Catholics, the great majority of the people however upright and deserving of implicit confidence. 2. A superficial observer may, perhaps, blance between not readily perceive the causes or extent of the England and Ireland, in the complaints occasioned by the Laws in this respect. For there appears, in theory, but little variance between the Laws of Ireland and those of England: the mere outward forms of Justice are nearly alike; the scale of judicial station, the ostensible principles of adjudication, the general regulation of Trials by Jury, strikingly correspond in both countries. Each has its Chancellor, Twelve Judges, Recorders, Chairmen of Sessions, Justices of the Peace, &c. Each also has its Trial by Jury, and returning CHAP. IX. officers, &c. Imperfections Ircland. The peculiarly imperfect Administration of of Justice in Ireland is, however, deeply felt, and universally complained of, by the Catholics. It arises from a material difference in the application of the forms of Justice, and of the principles of decision-owing, partly, to the exclusion of the The causes. Catholics from certain Offices already noticed, and partly to the hostile temper, in which the Laws are frequently administered. To preserve perspicuity, we shall consider the Law in this particular, and its operation, in the following order, viz, 1. As administered by persons, holding Judicial situations. 2. As administered through Trials by Jury. SECTION II. As to Persons, holding Judicial Situations. 1. According to existing Law in Ireland, Catholics incapacitated. every Catholic is incapacitated to hold or exercise any of the higher judicial situations, viz. Lord Chancellor; Master of the Rolls; Twelve ᏢᎪᏒᎢ 11, T Catholics incapacitated. CHAP IX. Judges of the superior Courts; Attorney and Solicitor General; Serjeants at Law; King's Council; Masters in Chancery; Chairman of Sessions for the County of Dublin; Sheriffs; Vicars General; and other offices of the like nature. Further, by the natural operation of the Anti-Catholic code, the Catholics are studiously excluded from the remaining, tho' minor, judicial offices, which were apparently rendered accessible to them by the Statute of 1793; such as those of the 31 Chairmen of County Sessions; Anté, ch. iv. 25 Commissioners of Bankruptey, &c. &c.— with scarcely a single exception. All judicial situations occu tants. Not fairly se lected from the Protestants at large. These Judicial situations, controuling the entire Administration of Justice in Ireland, are pied by Protes at present occupied by Protestants; and, under the existing Laws and System, they must continue to be occupied by Protestants alone, Were the selections to be made fairly from amongst the Protestant community at large, or founded upon the just claims of learning, diligence, experience, public and private virtueswe have no hesitation in declaring our confidence that, in that case, those situations would be well and worthily filled. The Catholics could, then, only complain of the restricted competition for Office, already stated. But they might, at all events, rely upon a pure and un Chap. iv. 1:|:ཀ |