Attorney General of Ireland

“ In discipline and professional etiquette the members of the bar in Ireland differ little from their English brethren. The same style of costume is enforced, the same gradations of rank—attorney-general, solicitor-general, king’s counsel and ordinary barristers—being found. There are also serjeants-at-law limited, however, to three in number, and designated 1st, 2nd and 3rd Serjeant. The King’s Inns do not provide chambers for business purposes; there is consequently no aggregation of counsel in certain localities, as is the case in London in the Inns of Court and their immediate vicinity. ”

“ It will need only a crown prosecutor, an attorney-general, and a solicitor-general, two judges, and twelve jurors, all of the one mind, while all the other subjects of the Queen in Ireland are of a different mind, and the five millions and a half of the Queen's subjects of Ireland outside that circle of seventeen of her Majesty's subjects, may be indicted, convicted, and consigned to penal imprisonment in due form of law—a law as understood in political trials in Ireland. ”

“ If the matter had been left to Chichester it would have taken a milder form. But Sir John Davies began to take a lead in the project, and in the end he became the 16working agent of the whole affair. He was Irish Attorney-General. This was just the time for unscrupulous and cunning men to rise to power, for practically everything in the country was in a state of transition. It had been even suggested that the standing seat of the Deputy and the law should be translated from Dublin to Athlone, as being the centre of Ireland. ”

“ In December 1847 he became attorney-general for Ireland, and in 1848 he was sworn of the Irish privy council. As attorney-general he conducted in 1848 the prosecutions arising out of the revolutionary movement of that year, including those of Smith O'Brien, Meagher and McManus at Clonmel, and of Gavan Duffy, Martin, and Mitchel in Dublin. ”

“ In national jurisdictions, and particularly in the member States of the European Economic Community, the question has given rise to much case law. In the latter States the actio popularis is admissible in its classical form only in quite exceptional cases. However, there may be circumstances in particular contexts in which, in effect, such an action may be allowed. In Ireland it is sufficient to be 'a person aggrieved' – a term to be generously interpreted – which is generally understood to include any person who has reasonable grounds to bring the proceedings. ”

“ A little in advance, on the left of the dock, were the stalls reserved during the sham trial for the counsel for the defence. As yet they were only occupied by the junior advocates, Sir Colman O'Loghlen and John O'Hagan. The benches at the right of the dock, and nearer to the bench, reserved for the Attorney-General and his retainers, were vacant. The Sheriff and his white stick occupied their box, and the galleries to the right and left were crowded with jurymen—those who "had done their business," and those who were eager for employment to do more. ”

“ The discretion of a court to refuse either of these remedies to a person aggrieved is very limited and, normally, they will issue ex debito justitiae.." Mr. Justice Walsh continues in Lynch's Case to cite a number of decisions of the British courts in Ireland and of English courts and then, at pp. 370-71 of the report, says:- "The many decisions of the Courts of Ireland and of other national jurisdictions amply illustrate the truth of the statement that a question of what is a sufficient interest is to be determined having regard to the circumstances of each case. ”

“ The King having received good testimony of his learning in the laws and judgment in the affairs of Ireland, constituted him Chief Baron. In his patent a proviso was inserted, that a pension of £250 sterling per annum, which he then held, should immediately upon his entering into this office cease and determine.—18 James I. 1a pars d. R. 17.
Sir Richard Bolton, Knt., Attorney-General of the Court of Wards, and to hold both offices,—Blennerhasset deceased, —Privy Seal, Westminster, 13 April,—patent, 29 June, 1625.—Pleasure.—1 Charles I 1a pars f. R. 38. ”

“ An Act for enabling Persons indicted of Felony to make their Defence by Counsel or Attorney. The Trials for Felony Act, 1836. 6 & 7 Will. 4. c. 115. An Act for facilitating the Inclosure of Open and Arable Fields in England and Wales. The Inclosure Act, 1836. 6 & 7 Will. 4. c. 116. An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland. The Grand Jury (Ireland) Act, 1836. ”

“ An Act ... for empowering Grand Juries in Ireland to present Bridges, and Tolls to be paid for passing the same, in certain Cases. The Bridges (Ireland) Act, 1843. 6 & 7 Vict c. 54. An Act the title of which begins with the words "An Act for extending," and ends with the words "and to explain and amend the said Act." The Limitation of Actions Act, 1843. 6 & 7 Vict c. 66. An Act to enlarge the Provisions of an Act for preventing Frauds upon Creditors by secret Warrants of Attorney to confess Judgment. ”

“ O’Brien, Attorney-General, 16 The Chief-Secretary, Mr. Balfour, 17-24 Fathers M‘Fadden and M‘Glynn, 18 Come-outers of New England, 18 Mr. Wilfrid Blunt, 19, 20 Sir West Ridgway, 24 Divisional Magistrates, 24 Colonel Turner, 25 The Castle Service, p. 25-29 Visit of the Prince of Wales, 27 Lord Chief-Justice Morris, 29-37 An Irish Catholic on Mr. Parnell, 31-33 Mr. Justice Murphy, 36 Lord Ashbourne, 37, 38 Unionist meeting, 39 Old Middle State type of American-Irish Protestant, 39 Protestantism and Roman Catholicism in America, 41 Difficulties of the Roman Catholic Church in Ireland, 43 Dr. ”

“ Why, it will be said, assume that the Irish Government and the Irish people will not enforce the law? The assumption, I answer, is justified not only by the history of Ireland, but by general experience. In all federations, even the best ordered, difficulties constantly arise as to the sphere of the Federal Government and the State Governments, and as to the enforcement of judgments delivered by Federal Courts. The authority of the federal tribunals has not always been easily enforced even in the United States. ”

“ I was sitting one day at the police-court in Dublin, along with another magistrate, when a gentleman entered and preferred a very urgent request that one of us would accompany him to Kingstown, to witness and certify the execution of a power of attorney by his mother, in reference to certain funds in the Bank of England. The applicant was reputed to be the natural son of a very distinguished nobleman who had discharged viceregal duties in Ireland, and also in very important and extensive oriental territories. ”

“ A member of the legal profession must feel shame and sorrow in recording the fact that the chicanery of the lawyers added much to the harshness of the politicians. That, however, is only another way of saying that the humane policy of the nineteenth century was unknown in the seventeenth. Had courts been established in Ireland like the native land courts of New Zealand in which claims under customary law might be investigated, and equitable awards made, the later history of Ireland might have been very different. ”

“ I say, for myself, I sincerely believe that in this country of ours justice is administered by the judges of the Irish Bench with a purity and impartiality between man and man not to be surpassed in the universal world. Let me not be thought to cast reflection on this court, or the learned judges before whom I now stand, if I except in a certain sense, and on some occasions, political trials between the subject and the crown. Apart from this, I fearlessly say the bench of justice in Ireland fully enjoys and is worthy of respect and homage. ”

“ A judge in the last resort has the whole force of the State behind him, and no one dreams of resistance. With an Irish Parliament and an Irish Executive this would hardly be the case. The judges would still be lawyers, but their power would be greatly impaired. In Ireland popular feeling is always against creditors, and it would be very hard indeed either to execute a writ of ejectment or a seizure of goods. If the sanction of the law is weakened, public respect for it is lessened, and the result will be a general relaxation of the bonds which draw society together. ”

“ The Privy Council also is the Court of Appeal from a new kind of Imperial, or as one may say 'Federal,' judiciary, specially formed for the determination of matters having relation to the competence of the Irish Parliament.
This Imperial or Federal judiciary consists of the two Exchequer Judges of the Supreme Court in Ireland; they are appointed under the Great Seal of the United Kingdom, and therefore by the English Ministry. Their salaries are charged on the Consolidated Fund of the United Kingdom, and they are removable only on an address to the Houses of the Imperial Parliament. ”

“ As the landed settlement of Ireland required an enlightened legal establishment, the judicial character through James's reign corresponded with the Royal engagement at the commencement of his government. The Judges were, without exception, able men, and merited general respect for unbiased integrity. The number of judges in each Irish Court was fixed to three, and in England occasionally to five, that an uneven number might prevent the delay or interruption of business. The salaries of Irish judges were however too trifling, and looked for occasional increase to the bounty of the King ”

“ It is highly desirable to avoid conflict of laws in the United Kingdom as far as possible. It must be remembered that the Statute Book has, quite apart from the Act [pg 029] of Union, bound Ireland to England by many legislative ties; there is a uniform system of industrial, commercial, and, to some extent, criminal law for the whole of these Islands—Factory Acts, Companies Acts, the law of negotiable instruments, criminal procedure, old-age pensions, and insurance legislation ”

“ The only thing to be done is to appoint an officer empowered to carry out the decree of the Court. Of course if the Irish Ministry are bent on enforcing the judgment, if the Exchequer Court, whose judgment, it may be, has been overruled, is zealous in supporting the authority of the Privy Council, if the Irish people are filled with reverence for tribunals which are really English Courts, all will go well. ”

“ The effect of this is that whenever the military authorities wish to avoid trial by jury, they have only to decide, which they have absolute power to do, that the case shall be tried by "summary jurisdiction"; that is to say, by a paid magistrate, always a mere tool of Dublin Castle, without any jury or any right of appeal to a jury.
Only one man charged under the Defense of the Realm Act has been accorded trial by jury in Ireland. The history of his case is instructive. John Hegarty was a post-office official with long service and an excellent record. ”

“ Chief Justice Wyndham was raised from the Common Pleas to the Chancery Bench; a person whose conduct as Chief Judge of an Irish Court, gave a good earnest to the kingdom of the propriety of such promotion. Unlike most of his predecessors, or some of his successors, he tempered a natural disposition to justice with a correct knowledge of general equity, as exercised through Europe or ingrafted on the system of English law; his court, therefore, became an enlightened school, in which a mild and benevolent magistrate, by practice and example, animated the Bar to legal skill ”

“ Look back on the "tempest of provocation," which recently assailed the Irish Attorney-General, on the vexatious delays and frivolous objections which sprang up at every move of the crown lawyers, called forth by one who, though "not valiant," was well known to the government to be "most cunning offence" ere they challenged him, but who, "despite his cunning fence and active practice," may perhaps find, that this time the law has clutched him with a grasp of iron. In ordinary cases, criminals may, no doubt, be easily convicted ”

“ I maintain that I have a natural right to be tried in that natural jurisdiction, Ireland my own country, and I would put it to you, how would you feel in the converse case, or rather how would all men here feel in the converse case, if an Englishman had landed here in England and the Crown or the Government, for its own purposes, had conveyed him secretly from England to Ireland under a false name, committed him to prison under a false name, and brought him before a tribunal in Ireland under a statute which they knew involved a trial before an Irish jury? ”

“ Irish judges have much greater difficulties to contend against, because the people with whom they have to deal have a fund of ready retort. "Sir," said an exasperated Irish judge to a witness who refused to answer the questions put to him—"sir, this is a contempt of Court."—"I know it, my lord, but I was endeavouring to concale it," was the irresistible reply.
A certain Irish attorney threatening to prosecute a printer for inserting in his paper the death of a person still living, informed him that "No person should publish a death unless informed of the fact by the party deceased." ”

“ No person shall be tried on any criminal charge save in due course of law. Minor offences may be tried by courts of summary jurisdiction. Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order. The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law. ”