James McClelland (solicitor-general)

Last updated

James McClelland (born c. 1768, died 1831 in Annaverna) [1] was an Irish politician, Solicitor-General, and Baron of the Court of Exchequer (Ireland). He is mainly remembered for the crushing remark by Daniel O'Connell that McClelland was no example to his profession either as a barrister or a judge.

Biography

He was the son of James McClelland of Millmount, County Down. He attended Trinity College Dublin, entered Middle Temple in 1787, and was called to the Irish Bar in 1790. He became the Member of Parliament for Randalstown in 1798, and was appointed as Solicitor-General in 1801, as a reward for his support for the Act of Union 1801. He was raised to the Bench in 1803 as Baron of the Exchequer (rather against his own wish, since aged only 35 he felt he was too young for high office), and served to his retirement in 1830. He married Charlotte Thompson of County Louth in 1797. They are buried at Ballymascanlon, where a memorial was erected to them.

In 1819 he was accused of judicial misconduct in ordering soldiers to clear the public out of his courtroom: but the House of Commons decided not to pursue the matter, since the allegations, even if true, did not amount to misconduct. [2]

Daniel O'Connell, who despised most of the Irish judges of his time, had a particularly low opinion of McClelland. Although no precise date can be given, historians accept the truth of the story that McClelland saw O'Connell sitting in Court in a case he was not briefed in, in the apparent hope that a younger barrister would ask him to assist him in conducting the case. McClelland said that he personally had never behaved in such a way as a barrister: O'Connell sternly replied that McClelland had never been his model as a barrister, and he did not propose to take directions from him as a judge. [3]

Related Research Articles

<span class="mw-page-title-main">Sir William Cusack-Smith, 2nd Baronet</span>

Sir William Cusack-Smith, 2nd Baronet FRS was an Irish baronet, politician, and judge.

<span class="mw-page-title-main">Thomas Manners-Sutton, 1st Baron Manners</span> British lawyer and politician

Thomas Manners-Sutton, 1st Baron Manners, was a British lawyer and politician who served as Lord Chancellor of Ireland from 1807 to 1827.

<span class="mw-page-title-main">Christopher Palles</span>

Christopher Palles was an Irish barrister, Solicitor-General, Attorney-General and a judge for over 40 years. His biographer, Vincent Thomas Hyginus Delany, described him as "the greatest of the Irish judges". He served as the last Lord Chief Baron of the Exchequer from 1874 until his retirement from the bench in 1916.

Stephen Woulfe was an Irish barrister and Whig politician. He served as Solicitor-General for Ireland in 1836 and as Attorney-General for Ireland in 1838. He was the first Roman Catholic to be appointed Chief Baron of the Irish Exchequer. He died young, due to a combination of chronic ill-health and overwork.

Sir Thomas Berry Cusack-Smith PC was an Irish politician and judge. He was nicknamed "TBC Smith" or "Alphabet Smith".

St George Daly was an Irish judge, who had a reputation for ignorance of the law. He owed his career advancement entirely to his support for the Act of Union 1801, which did nothing to enhance his standing in the legal profession.

Edward Pennefather PC, KC was an Irish barrister, Law Officer and judge of the Victorian era, who held office as Lord Chief Justice of Ireland.

<span class="mw-page-title-main">Charles Kendal Bushe</span> Irish lawyer and judge (1767–1843)

Charles Kendal Bushe, was an Irish lawyer and judge. Known as "silver-tongued Bushe" because of his eloquence, he was Solicitor-General for Ireland from 1805 to 1822 and Lord Chief Justice of the King's Bench for Ireland from 1822 to 1841.

David Richard Pigot, PC, KC was one of the leading Irish judges of his time. His children included John Edward Pigot, a noted music collector and one of the founders of the National Gallery of Ireland. His grandchildren included the Australian astronomer and Jesuit Edward Pigot.

<span class="mw-page-title-main">Michael Smith (judge)</span> Irish judge

Sir Michael Smith, 1st Baronet (1740–1808) was an Irish judge. He was the founder of a judicial dynasty, several of whose members were noted for eccentricity. He was also the first of the Cusack-Smith baronets of Tuam.

John Richards PC was an Irish lawyer and judge.

<span class="mw-page-title-main">Richard Wilson Greene</span> Irish barrister and judge (1791–1861)

Richard Wilson Greene PC, KC (1791–1861) was an Irish barrister and judge.

Henry Joy was an Irish judge. He was appointed Solicitor-General for Ireland in 1822, and Attorney-General for Ireland in 1827. He was made Chief Baron of the Irish Exchequer in 1831, a position he held until his death in 1838. He was a cousin of the United Irishmen leader, Henry Joy McCracken.

<span class="mw-page-title-main">William Downes, 1st Baron Downes</span> Irish judge and politician

William Downes, 1st Baron Downes PC was one of the leading Irish judges of his time, who held office as Lord Chief Justice of Ireland.

Edward Willes was an English-born judge in eighteenth-century Ireland, who became Chief Baron of the Irish Exchequer.

Nicholas Nugent was an Anglo-Irish judge, who was hanged for treason by the government that appointed him. He had, before his downfall, enjoyed a highly successful career, holding office as Solicitor General for Ireland, Baron of the Irish Court of Exchequer, and Chief Justice of the Irish Common Pleas, but he was ruined by the rebellion of his nephew William Nugent, which he was accused of supporting.

Richard Pennefather (1773–1859) was an Irish lawyer and judge of the nineteenth century, who enjoyed a reputation for legal ability and integrity. He has been highly praised, in particular, for his scrupulously impartial conduct of the politically sensitive Doneraile Conspiracy Trials of 1829. He was the elder brother of Edward Pennefather, Lord Chief Justice of Ireland.

Sir Theobald (Toby) Butler (1650–1721) was a leading barrister and politician in late seventeenth-century Ireland, who held office as Solicitor General for Ireland. He is mainly remembered for framing the civil articles of the Treaty of Limerick, and for his eloquent but unsuccessful plea to the Irish House of Commons against the passing of the Popery Act of 1703, which allowed any Protestant son of a Roman Catholic landowner to prevent his Catholic brothers from inheriting the family property. He was a much loved "character" in Dublin, and his great popularity shielded him from the penalties that he might otherwise have suffered as a result of his religious beliefs. Only his few enemies attacked him for his willingness to come to an accommodation with the new regime in order to preserve his own property.

The chief justice of Munster was the senior of the two judges who assisted the Lord President of Munster in judicial matters. Despite his title of Chief Justice, full judicial authority was vested in the lord president, who had "power to hear and determine at his discretion all manner of complaints in any part of the province of Munster", and also had powers to hold commissions of oyer and terminer and gaol delivery.

<span class="mw-page-title-main">Charles Burton (judge)</span> English-born barrister and judge

Charles Burton was an English-born barrister and judge who spent most of his professional career in Ireland.

References

  1. F. Elrington Ball (2005). The Judges in Ireland, 1221-1921. The Lawbook Exchange, Ltd. ISBN   9781584774280 . Retrieved 30 December 2010.
  2. Volcansek, Mary L. Judicial Misconduct- a Cross-National Comparison University of Florida Press 1996 p.76
  3. O'Faolain, Sean King of the Beggars-a life of Daniel O'Connell 1938 Mercier Press Edition p.97
Parliament of Ireland
Preceded by Member of Parliament for Randalstown
1798 – 1801
With: George Jackson
Succeeded by
Parliament of the United Kingdom
Legal offices
Preceded by Solicitor-General for Ireland
1801–1803
Succeeded by