S E L E C T C O M M I T T E E ON F I C T I T I O U S VOTES, I R E L A N D . < U7 1 ^ J t / 14226. Do you conceive if there was now an effectual revision of the existing registries m Ireland, as far as your experience extends, the effect would be the Bnl'ersb,/> Es( l- removing of a vast number of persons who ought never to have been upon the 14227. The registers must be at present encumbered with a great number of persons who have ceased to exist; dead persons ?— Certainly. 14228. They must likewise be encumbered with the names of a great number of persons who, though they may have a qualification at the time thev are registered, may have parted with their interests and ceased to be qualified Undoubtedly. 14229. Is it your judgment, as a barrister who has had a good deal of expe- rience in these registries, and also in election matters, that a great deal of unnecessary expense and embarrassment is heaped upon persons who are can- didates at elections, and interested in the constituency in a proper state, by the state of the law as it stands now ?— I think so ; that is, provided that the party be the less numerous party; that is, the Conservative party ; I think there is a good deal of expense thrown upon them, because they must always appeal, if they wish to have a fair inquiry, to the House of Commons; but with respect to the Liberal interest I do not think so; to be sure there is an expense thrown upon them too, for it increases the number of petitions and invites them, and therefore, of necessity, it brings expense upon both parties. 14230. You do not mean to say that what you call the Liberal interest has an interest in perpetuating the present state of the law, do you ?•— I think so far as procuring the return in the first instance, they have an interest in perpetu- ating it as it is; but when you ask me what the result is with respect to the expense, I think they are involved in expense as well as the other party, because it invites a petition. 14231. Mr O'Connelly You spoke of a < e fair inquiry," would you call a Com- mittee of the House of Commons a fair tribunal ?— It would depend very much upon the individuals of whom the Committee happened to be composed. 14232. " Happened to be composed ;" you know it is quite chance ?— Yes. 14233. And chance might make it a very unfair tribunal ?— I think the neces- sity for resorting to that tribunal is one of the reasons why I think, in common justice to the country, that the system ought to be altered, because it has gone abroad among the people that these Committees are not fair, and that induces the inferior people to act unfairly; they also think the Members of the Com- mittee are very frequently regardless of the oath they have taken, that they look upon it as a sort of pia fraus, and consequently voters and claimants of every description consider that they are only imitating the practice of their superiors when they come and take the same course, or, I should not say " the same course," when they come and do what is not right. 14234. I believe there is no subject upon which people are so unanimous as that the present system ought to be altered; you have no doubt the present system ought to be altered ?— Certainly, no doubt. 14235. Chairman.] Do you mean the system of registration, or the system of election committees ?— My answer refers to the registration. 14236. Mr. O'Connell] You are of opinion that the franchise ought to be more clearly defined ?— Certainly, nothing can be more undefined than the pre- sent franchise by the present law ; the fact is, that the whole elective franchise now depends upon the discretion of the assistant barrister, and I cannot better describe that discretion and the opinion that the public entertain of it, than by using the words of Lord Camden, speaking of the judges generally in England, when he says, " The discretion of judges is the law of tyrants; it is uncertain, and depends upon constitution, temper, and habits; it is different in different men ; in the best it is often caprice, in the worst it is every vice, folly, and passion to which human nature is liable." That is in one of his reported judgments, and I think it expresses the opinion of the public upon the subject of this law. 14237. You are aware that in the Reform Act itself, in speaking of the elec- tive franchise, the words " beneficial interest" are used ?— I am. 34238. You are aware that the oath in the Statute of Geo. 4, on the trial and on the appeal as to value has remained unchanged; there it is what a solvent tenant would pay ?— I am aware the oath in the loth Geo. 4, is to that effect. 14239. You are aware these differences in the phraseology create considerable doubts, and at ail events considerable difficulty in practice ?— Yes, it has created a Y Y 2 considerable