46 



'"SUBMISSION OF MR. STAPLES. 



" ' SIR GEORGE DUCKET, BART., Plaintiff; REV. J. MOLESWORTH STAPLES, 



Defendant. 



" ' I do hereby consent, undertake, and promise to abstain from all fur- 

 ther interference with, or to give any further disturbance, hindrance, or 

 obstruction to, the rights of the Irish Society, or of the plaintiff in this 

 action, as claiming under them, to the exclusive fishing in and over Lough 

 Foyle, and all the waters thereof, as claimed in this action ; and for the 

 purpose of putting an end to all further litigation or contest of the said 

 rights, I hereby further consent that a verdict shall be had for the plaintiff, 

 and a judgment entered forthwith thereon, hereby fully admitting and 

 acknowledging the said exclusive right and title of the Society, and of the 

 plaintiff, as claiming under the said Society, to the fisheries aforesaid. 

 " 'Dated this 12th day of March, 1836. 



"'JOHN MOLESWORTH STAPLES.' 

 " ' To Sir George Ducket, Bart., and A lex. Henderson.' 



" After" this submission, your Deputation cannot but think that Mr. Staples 

 was particularly called upon, as a gentleman and a clergyman, to endeavour 

 to carry it out; but they regret to find that there is the strongest evidence 

 that this was not the case. Illegal fishings took place from the glebe land ; 

 the parties engaged were assisted by the son of Mr. Staples and his 

 servants, and every countenance and encouragement was given. Under 

 these circumstances the lessees of the Society sought to enforce the pro- 

 visions of the Act of Geo. III. chap. 35, passed for the express protection of 

 fisheries ; and the law officers of the Crown gave it as their opinion that the 

 magistrates were bound to convict upon it. But at the sessions at Moville, 

 in 1838, where the proceedings took place, the Rev. Mr. Staples sat as 

 chairman of the magistrates, and one of the poachers directly addressed him 

 with the words, ' You know, your reverence, we did it all under your orders. 1 

 To complete the affair, the magistrates refused to convict, and their decision 

 was to the following effect : ' The magistrates are of opinion that they have 

 not any jurisdiction in this case, as it involves a right of property.' " 



In this state of things the Society thought it right to consult 

 Mr. Litton upon the statement of facts which had been trans- 

 mitted to the Irish Government, and the correspondence which 

 had passed thereon. The following is the learned counsel's 

 opinion, and which give facts somewhat more in detail : 



" Copy of Mr. Litton s Opinion on the Aggressions on the 

 Lough Foyle Fisheries. 



" If numbers of the lower classes shall be set forward to resist and oppose 

 the law, and if they shall at the same time be secretly protected, though 

 they are not openly assisted, by gentlemen of influence in the country, such 

 a state cf things it is precisely with which it is almost impossible for any 



