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cently been weaned from the practice of smuggling, once so 

 flourishing among them, and would require but the continuance 

 of encouragement in any systematic infraction of the laws, to 

 return to dissipation, idleness, and misery. The persons from 

 whom this encouragement principally proceeds were the Mar- 

 quess of Donegal and the Rev. J. Molesworth Staples. The 

 former, whose office of Lord-Lieutenant of the County of Donegal 

 places him at the head of the magistracy who are entrusted 

 with the preservation of the public peace, has, in virtue of a 

 claim without the slightest foundation, openly countenanced, 

 and, by the circulation of a hand-bill, publicly instigated his 

 tenantry to support these encroachments. Subsequently his 

 Lordship actually sent an order to the chief of the constabulary 

 to protect the men in their illegal fishings, and it was given 

 out by his agents that the poachers were entitled to defend 

 their property by arms ; in consequence of which one of their 

 vessels was seen cruising about with armed men on board. 

 Mr. Staples, the other abettor of these aggressions on the 

 Lough Foyle Fisheries, was in 1836 defendant in an action to 

 try the right of the fishery in question ; the issue of which was 

 decided against him. The case was subsequently ordered for 

 a second trial, in consequence of some irregularity in the first; 

 and on this occasion Mr. Staples made a written submission, 

 formally ceding the right, which he had claimed. Under these 

 circumstances it is evident that Mr. Staples was bound, if not 

 in honour as a gentleman, at least in duty as a magistrate, to 

 exert his influence in order to see this document carried out ; 

 but, apparently, the reverend gentleman viewed the case in a 

 contrary light, for illegal fishings were subsequently carried on 

 with the assistance of the son of Mr. Staples and of his servants. 

 On the frequent repetition of the grievance, it was sought to 

 enforce the provisions of the act passed for the protection of 

 fisheries ; but unfortunately, the case was tried before a bench 

 of magistrates of whom Mr. Staples was the chairman, and the 

 magistrates refused to convict, on the plea that the case in- 

 volved a right of property. During the proceedings the fol- 

 lowing rather awkward remark was made by one of the 



