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CHAP. IX.

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Order obferved in our Accounts of the Proceedings in Parliament.—Meufires. for the internal Security and Peare of the Empire.--Martial Law in IreLand-The Nature, Extent, and lurking Remains of Rebellion in Ireland. Nel: A Committee of the House of Commons, for inquiring into the State of Ireland and the Conduct of certain difoffeld Perfons in Great Britain.Report from this Committee taken into Confideration.-Revival of A&s for Jupending the Habeas-Corpus-A&t, and preventing seditious and tumultuous Meetings.-Apolgy for entering fo fully into the Speeches of the Lịh Members.-Select Committee of the House of Lords for inquiring into the State of Ireland and other Purpofes.-Report of the fame.-Reflections thereon.-4 Bill of Indemnity for Ireland.

THAT THAT we may be guided in our account of parliamentary proceedings, on fo vast a variety of fabjects, by fome method more fatiffactory than the arbitrary, abrupt, and we may fay, fenfeleis order of mere time, our plan is, to arrange thofe proceedings, as far as this may be done easily, into general heads or clales, among which the principal are fuch as relate to finance, the grand foring of government; to external and internal defence; and to national improvements, civil and political, econonical and moral. The poet, who, captivating our imagination, carries us rapidly along with him in his fights of fancy, and lays us down now at Thebes, and now at Athens, is an object of grateful admiration, The mere reporter of debates, as they occur, does, from ftupidity, what in the poet is the work of lively and fublime genius: fo generally true, it is, that "extremes

meet!" But fuch a plodder, in his tranfitions violent and difgulting, as very far from either receiving or deferving our thanks. It is not pleafing to be dragged, as throughr rocks and cataracts, by transitions that do the utmoft violence to the imagination. Such a legifler may be confulted as a dictionary, but not read as a book of entertainment and inftruftica,

Having already given fome account of the proceedings of parliament, refpecting finance, a due naval and military force for external defence, and alfo for prefervation from the attacks of that dreadful foe, famine, whether to be confidered as an enemy, domeftic or foreign, or both, we now proceed to notice the meafures of precaution that the legitlature thought it proper to adopt for the internal fecurity and peace of the empire: among the principal of which was a bill for continuing the execution of martial law in Ireland, In the house of commons,

March

March 12, lord Caftlereagh moved, "That the act for the fuppreffion of rebellion in Ireland fhould be read: which was understood to be done with a view to its continuance. The motion was oppofed by Mr. Sheridan, who confidered the whole of the queftion to be: whether, having every profpect that the recovery of his majefty might enable them to proceed in a conftitutional manner, and that they might have a regular communication from the throne, advifed by refponfible minifters, they ought to proceed with out fuch communication, and without fuch refponfibility? To juftify fuch a mealure, he faid, would require a very firong cafe to be made out; and unless fuch a cafe fhould be made out, he muft confider the bill as one of the most indecorous, unconstitutional, and violent propofitions ever made in that house, He therefore moved that the houfe fhould adjoin.

Lord Cafilereagh faid, that that was not the first queftion in which the parliament of Great Britain had been called on to take measures, with regard to one part of the kingdom, which had not been applicable to that part called England. After the union of England and Scotland it was neceffary to pafs laws for Scotland, of unufual foverity, and unconftitutional in their nature. He alluded to the laws for difarming the Highlanders: which laws were passed by a parliament ftrenuous in the fupport of the rights of the fubject. Lord Caftlereagh, therefore, only called on the houle to do that for Ireland, which, on a former occafion, it had done for Scotland. Without a continuance of the fame fyftem of prudence and precaution, with regard

to Ireland, that country would be placed in a moft unfortunate predicament. He had always entertained a firm conviction, that neither the conftitution, nor the liberties of Ireland, could be preferved, but by the measures adopted for the fuppreffion of rebellion. The houfe would fee in what a fituation Ireland would be placed, if parliament, from any feraples, fhould withhold its fanction to a measure, on which its fafety and exiftence depended. It would have the effect of inftilling into the government fuch apprehenfions, that it would be impoffible for thofe to whom it was intrufted, to difcharge their duties to the public in the manner they had bitherto done, under the idea that the local parliament would always give them the means of acting with vigour. As to waiting for a communication from his majefty, the habeas corpus fufpenfion act had been frequently renewed, without either any communication from the crown, or inquiry by a committee, and merely on the idea that the circumftances of the country remained the fame as when it firft paffed. The fufpenfion of the habeas corpus in Ireland, in 1799, was without any communication. It was, doubt, in the power of parliament to go into an inquiry if they thought this neceflary; but where there were grounds for the houfe to proceed without inquiry, it had never been ufual, nor was it neceffary to chain it down to the fufpenfion of its proceedings, till an inquiry had taken place. His with was to propofe that this bill fhould only be continued for a limited time, namely, for three months, in order that parliament might have time to go into an inquiry. Lord Caftlereagh

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having clearly fhewn, that, on the prefent queftion, there was no neceflity for either a communication from the throne, or an inquiry by parliament, proceeded to ftate the reafons that appeared to him to be conclufive, for the measure to be propofed. From an examination of facs and circumftances, refpecting the origin, progrefs, and termination of open rebellion, and the actual fate of Ireland, in which there was full a fecret rebellion; he fhewed that nothing but the exercife of martial-law could give free courfe to juftice, and fave the country. Though Jacobinifin had been put down in the field, it yet continued to afflict the land in a -manner not lefs deftructive to the jurifprudence of the country, but more difficult to be attacked by the king's forces in the field. The whole nature of the remaining dif turbances, in Ireland, was directed firft against the properties and perfons of the well-affected; and, fecondly, against the courfe of juftice. The houfe would therefore be fenfible, that unless thofe perfons, who were engaged in acts of rebellion, could be brought fumImarily to trial, the friends of government would be fubjected to certain deftruction.

Lord Caftlereagh did not expect that rebellion would altogether ceafe to exift, during the war. He knew that the fpirit of rebellion had too many friends in every part of the empire: but he did not, at prefent, propofe to extend the rehellion act beyond three months. There was a meafure, which lord Caftlereagh took the liberty of propofing, as fubfidiary to this. There were perfons in cuftody in Ireland, under the fufpenfion of the habeas corpus act,

His lordship wished to leave them in the hands of the civil power. And, for that purpofe, he would propofe, that the act for fufpending the habeas corpus be continued, for the fame period as that for the fuppreffion of rebellion.

The continuation of the rebellion act was oppofed, and Mr. Sheridan's motion for an adjournment, fupported by fir Lawrence Parfons, Mr. Grey, Mr. Whitbread, Mr. Boaverie, and Dr. Lawrence. Mr. Sheridan's motion, on the other hand, was oppofed, and lord Cafilereagh's fupported by the honourable Mr. Dennis Browne, fir George Hill, Mr. Pitt, Mr. Wefterna, Mr. Canning, Mr. French, Mr. Taylor, Mr. Fitzgerald, Mr. J. C. Berefford, Mr. R. Martin, Mr. Ogle, Mr. Macnaughton, Mr. Somers Cox, Mr. Ogle, and Mr. Lee.

Sir Lawrence Parfons confidered the measure brought forward by lord Caftlereagh as wholly unneceffary. Were not the courts of law open, at this time, to try rebels? During the two laft years, affizes had been regularly held throughout Ireland, twice a year, without a fingle exception. He defied the noble lord to bring one inftance of its being otherwife. He was aftonifhed to hear that juries could not difcharge their duty. In what county had that happened? He knew of no complaint on that topic, but that juries were fometimes too prompt to condemn. He had a refpect for the army, and he knew that, in their proper ftations, they graced their profeffions. But he would not chufe to take officers from the horfe-guards, to fupercede the legal judges of the land. He afked Mr. Pitt, if he, when he was a barrifier, would have trufted the

cafe of any of his clients, to be decided by a colonel of the horfe guards? Cour's-martial could not afcertain the difference between innocence and guilt. They had no principles on which to decide, but were, in their decifions, creatures of mere caprice and accident. If it were to eafy to decide on fuch queftions; if there were no fuch thing as the fcience of evidence and law, why had we judges? Why one law for England and another for Ireland? It was not pretended that this act helped, in any way, to take the rebels. No: they were in cuftody; and the pretence was, that no jury would try them. He defired to know of an inftance of a jury not being found to try rebels? No one had ever occurred, though it had fometimes happened, that juries were fometimes too prompt to do their duty in fuch cafes. Judges of the law fhould not be fent to adminifter juftice fteadily and feverely, but to adminifter juftice. They would then be feared and loved. Courts-martial might be feared, but never could be loved. Sir Lawrence called the attention of the house to the opinion of a great lawyer, on the means of calming the minds of the Irish. He spoke of fir John Davies, the best prefent that England ever fent to Ireland. He was the attorney-general of James I. and he withed that every attorney-general of our day had as much refpect for the conftitution, as that great law

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went the circuits; and most sweet and welcome, fays fir John Davies, was this courfe to the common people; and fo happy and effectual was his policy, that in fix circuits, held in five years, there was a lefs number of criminals, than in-one circuit in England. Sir Law rence recommended this example to the houfe. Arbitrary measures never civilized men. If they could have done fo, Morocco would have been civilized and happy long fince. The prefent meafure was in the fpirit of a quack. It might heal the fore, but not correct the habit. He recommended to the house, to grace its firft act towards Ireland, by refeuing that country from military tyrants. Mr. Grey, too, contended, that the act propofed, was a fufpenfion of all law, and a violation of the conftitution, without neceflity. So alfo did Mr. Whitbread. This pofition they rested chiefly on the evidence that had just been given by the honourable baronet, who had juft delivered his fentiments on the queftion before the houfe. Mr. Grey, asked why it had not been neceffary to ule martial law against the Whiteboys? Mr. Bouverie did not contend whether martial law was neceflary in Ireland or not; all he fhould init on was, that it was not propofed in regular thape and form. Doctor Lawrence afked, why, with 100,000 men in Ireland, the umber of officers conflituting a court-martial, was limited to three, when, even in Wales, five were required? Imes mediately after the rebellion, he obferved, there was, indeed, a marmur, a general difmay, arifing from various caufes to which he would not then enter, as well as from Jacobinical principles: but the me

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ment it burst out, it vanished. The danger was not fuch now, as rendered the prefent measure necef fary. He fhould applaud a vigo Ious government, under ftrict refponfibility in dangerous times; but a fyftem of the kind now creeping in, and as it were, begging the queftion, he should always oppofe. The neceflity of martial-law was ftrenuouily maintained by all the gentlemen from Ireland, fir Law. rence Parfons alone excepted. Mr. Dennis Brown referred to the report of the fecret committee, and the confeffions of the traitors; and affirmed, that had it not been for martaial-law, they fhould not now fee Irifh member in that houfe. He declared, that jurors and witnelles, had been murdered by the rebels, for acting on trials. He would mention a fact, that would fhew the ftate of the country, Many perfons who were loyal and well difpofed, had fubfcribed to fupport the traitors in prifon. And when he asked how they could do fo improper an act? they declare that they were compelled to fubfcribe, to protect themfelves and "families from the partifars of the traitors. Sir George Hill contended that palliatives were unit for Ireland. The inftance of fir John Davies, quoted by the honourable baronet, was not applicable to the prefent ftate of Ireland. The mode of conduct then purfued was adopted long after a rebellion fubdued; but the prefent meature, in the midst of rebellion still exifting. Sir George corroborated the statements of Mr. Dennis Browne, as to the danger of jurors and witnesses. Mr. Pitt paid many compliments to the ta

lents of lord Caftlereagh, and his extenfive knowledge of the tree interefts of the British empire. He had given proof to-night, that there were among us, talents of the first rate; which talents, whether in or out of office, would always be ready for exertion, as occafion might require, against the most bitter enemy of human happiness, that ever yet appered in this world of Jacobinifra. The crime of rebellion did not depend on five or fix, or fifty thoufand men aflembled together. If, faid he, there be a fyftematic plan formed for the deftruction of a country, and there be a concert of men, whether three, or five, or any other number, to accomplish that end, whether by burglary, or robbery, or plunder, or any fpecies of criminality whatever, or in furtherance of that plan, to deter the peaccable and loyal part of the community from being true to their allegiance, for the purpofe of executing, with more facility their martial-law, as a system, either of terror, or any other courfe, to rob triumphantly, or take away by stealth. Whether it be, the " peftilence, that walkoth in darkness, or the word that walleth at noon day. If its character be rebellion, rebellion be it called. If its effect be to defeat the purposes of civil procefs, whether by the dagger of the affal fin, or with the parade, pomp, and circumftance of gloriouswar, it is ftill rebellion: whether flagitious, bold, and open, or fly, infinuating, and craty. Whether with much or little blodfhed, may be points that may conftitute a difference in the degree: but which is most deteftable, is a thing not worth debating."

• There words roufed attention, and were made the fubje&t of feveral comments.

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