Page images
PDF
EPUB

nell would countenance any dangerous opinion, he hoped that no suspicion of the house's inattention to the situation of the Irish would go abroad with the sanction of so great a name.

The motion being put, it passed without a division, and leave was given to bring in the bill.

In the house of lords, on Wednesday June 17th, the order of the day being read for the second reading of the bill for martial law in Ireland,

The secretary of state rose, say ing, that this bill was to continue the martial-law act which had been fully discussed some months since, when noble lords had said that, being again called on to renew that act, they should expect more proofs of the nece-sity of its continuance. He lamented that it should be needful to pass a bill confessedly deviating from the principles of the constitution. The original bill passed on the ground of the Irish parliament judging it necessary for the security of persons and property in the united kingdom, on the reports of the committees, and weighty information communicated by the representative peers of that kingdom. What had since happened must induce the house readily to pass the present bill, which extended the former to the period of one year : and the secret committee's report would show their reasons for continuing it, and recommending the measure as both just and politic. He said he would not detaia their lordships on the bill's necessity. He spoke of the good effects already produced, the lenient but efficacious administration of the law by those who exercised it. He mentioned the change of the person chiefly charged with the go

vernment; and though his predecessor had secured the applause of the united kingdom, yet the noble earl's character, now at the head of Irish affairs, must equally induce that confidence placed in his predecessor. The law established by the bill had already produced all the good the case could admit; and yet from every information, especially the late reports of the committee, a continuance of the measure would be still necessary. The report of the committee of the house of commons, and their lord ships, sufficiently proved it, and furnished solid grounds for renewing the bill - showing that the rebellion was so far crushed as not to appear by day, and collectively in the field, yet the spirit of it existed as much as ever, and nothing but the effect of the former bills had suppressed it. He therefore moved for the second reading.

Earl Fitzwilliam rose next, and said that he could not agree to the noble lord's arguments for the bill. Having felt it his duty be fore, he felt it tenfold now to resist the passing of it, even on the very grounds that the committee had urged for it, supposing it founded on fact, good sense, and true policy. On discussing the last bill, they had been told that the measure adopted was necessary to end the rebellion: now they were told that a great ferment still prevailed in Ireland. If therefore the bill had failed in its effect, it ought to be continued no longer. Not only its constitutional tendency, but its deleterious effects, claimed his decided opposition. When the last till was under consideration, several noble lords from Ireland had tried to excite apprcheusións by describing the state of the coun N+

try:

try but might they not be influenced by local prejudices? And what safe dependence could there be on the report of a secret committee, from facts of which their lordships were ignorant? Another reason for passing the last bill was, that the powers given were vested in the lord-lieutenant, distinguished no less by his moderation and humanity as a magistrate than his skill and bravery as a commander. This noble lord (Cornwallis) had been recalled; and, although there was nothing but what redounded to the honour of his successor, still he was a perfect stranger to the country, its habits, opinions, and prejudices. Instead of continuing so severe and oppressive a measure which had wholly failed, and rather increased the disaffection of the Irish, his lordship advised kind and conciliatory means. He not only denied that the country wished the bill renewed, but read an extract from a magistrate, stating, that if government thought martial law necessary he would continue to enforce it This scenied to announce that he wholly relied on government, and therefore adopted martial law. He complained heavily of the injustice and oppression exercised under the bill. As to the judge-advocate, far from being qualified as a lawyer to do strict justice, it appeared that he frequently had been a lieutenant, or only an ensign.

even children;-for little better were some of the ensigns who sat on the courts-martial. His lordship concluded with declaring against the bill.

The earl of Suffolk argued against the measure, chiefly on the grounds of its inefficacy, and tendency to alienate rather than conciliate the people's affections. He attributed the turbulent spirit among the lower orders of the Irish, and their excesses, to their great poverty; and their oppressions, through the misconduct of government. He placed but little reliance on the report, observing, that he thought it mostly an Irish report. He had the honour to have known the late sir Ralph Abercromby, who had commanded in Ireland at the commencement of the troubles; and he asked sir Ralph, since he left the country, what he thought of its state? who said, that the state and conduct of the Irish were just what their government chose to make it; inferring, that if those in authority oppressed them, they might become seditious and tumultuous. Sir Ralph had also said, that he had travelled with only two servants, perfectly unmolested; which showed that the turbulent state of Ireland had been much exaggerated. As to robberies and murders, he reminded the house of the dearness and scarcity of all kinds apof food; and that the houses of many were burned down, and themselves suffered torture. Was it

He pealed if it were right that a boy of fifteen, or under, incapable by law to sell twenty shillings' worth of land, should decide on the evidence affecting a man's life?--a measure tending to the subversion rather than the establishment of law. They should pause ere they placed thousands of their fellowsubjects at the mercy of boys, or

surprising that individuals thus cruelly treated should redress themselves by the plunder of their oppressors? He asserted, that much of the misconduct of the people arose from their oppressions, which he proved by details; and reminded the house, that in

Ireland

Ireland there was no provision, as here, for the poor (in order to show their comparatively happy situation in this part of the kingdom); for whose support one-third of the landed income was contributed. He remarked that, when in Ireland, a friend of his seeing twelve of his labourers return from a hard day's work, he called them, and said, "My lads, here's something to drink," giving them sixpence. And on his saying to his friend, "What! only sixpence?" his friend answered, That will get each a halfpenny-worth of shebean (small beer), which will satisfy them." The earl concluded with opposing

the bill.

Viscount Limerick said, in reply, that if the noble earl who spoke last but one refused to confide in those noble lords who resided in Ireland, whose property was there, whose characters and acquaintances with the customs of the Irish enabled them best to judge of the necessity of the billand if he would not trust to their lordships' own committee, formed of the most enlightened part of the house, and the best informed Irish peers-whence could the noble lord expect information which he could confide in as to Ireland? Was it from traitors, robbers, and assassins? from the traitors now in Scotland, or from cold-blooded neutrals-men without one loyal principle to government, who were held back from rebellion till they saw which side was strongest? Was it from such that the noble eal concluded that there was no further necessity for martial law? As to an ensign acting as judgeadvocate on courts-martial, and such being a boy of fifteen, he would not assert that no subaltern officers had ever acted as judgeadvocates on necessity; but would

boldly declare that no one under thirty or forty years old had exercised that office. As to the present bill, every loyal subject wished for it. If they refused to pass it, every loyal man in Ireland might curse the union for depriving them of their own parliament's protection. The scarcity of provisions could not have caused the rebellion, since the plots and conspiracies had existed long before This had lately been made a pretext, and with success, to stir up the ignorant and thoughtless. In regard to the argument, that these measures would not check the outrages in Ireland, he said it was not so casy to check the rebellious French principles spread throughout Ireland; but whenever martial law was exercised there, that part was quiet. In Limerick, where he had many years been connected, and where his property lay, the report of their lordships own committee would show, that Mr. Ormsby, a man of high reputation, acted as judge-advocate on most of the courts-martial; and so far were the rebels from Leing deprived of legal advice and assistance, that there was scarcely one trial without counsel of the most eminent abilities in Ireland, the rebels always having plenty of money, and being so well able to fee lawyers, that there was no trick or quibble which had not been used for them. He regretted to hear the term Irish report as a reproach. The fact was otherwise. Their lordships knew how the committee was composed; and he would say, that that part of the united kingdom produced as honest and as enlightened men as any part of the world.

The fact stated of sir Ralph Abercromby was inapplicable, it having happened previous to the

rebellion,

rebellion. He knew, however, what that very commander thought of the danger of Ireland, by the orders he had issued from the garrison of Dublin. His lordship said, that the bill was absolutely necessary to protect his majesty's loyal subjects, whose lives and properties could not be preserved without its continuance. He therefore declared that he should vote for the bill.

Lord Holland spoke with great animation against the bill, and lamented that he must debate it on considerations of a personal kind, which, however painful to his feelings, his public duty rendered necessary. He meant no slight to noble lords from Ireland, when he owned that he could not rely on their information; for, if that was fit parliamentary ground for the present bill, one of the chief arguments used by the ex-secretary of state in defence of the union must fall, viz. that after the union all subjects connected with Ireland would be more temperately discussed, because the imperial parliament would be free from local prejudices, or any feelings which might obstruct a candid and impartial determination. He would never agree that only one set of men was competent to convey authentic information. He condemned the bill as a direct infringement on the constitution, and a miserable proof of the pretended advantages the Irish were taught to expect from the union. The Irish were placed thereby in the same merciless state for another year; and, by the same arguments, might remain so for thirty years longer. And could any man defend the justice of this? This were to raise the most oppressive despotism on the ruins of a free government, more arbitrary and tyrannical than any

in Asia or Africa. He said it had been understood, that after the union nothing but the emancipation of the catholics would be wanted to make Ireland as happy as Britain. Why at least should not a conciliating measure accompany an oppressive one like the present? He dreaded the renewal of martial law in Ireland as a prelude to the destruction of the liberties of Britain.

Their lordships had erased from their books a dissent which he had formerly entered upon them, and felt himself fully justified in it; but they never should expunge from his breast those principles of freedom which he had cherished from infancy. He added other arguments to disprove the pretended necessity for passing the bill, or to warrant any sanction to a measure so unjust and oppressive.

Lord Carleton said, that when the present bill was discussed in a former debate, much had been said of the lords who, like himself, belonged to Ireland, and had resided there, in very flattering and conciliatory terms; and he was also sorry to add, th tin much which had been said justice had, not been done them. No one could be more inimical to such a bill as this than he; and nothing but a strong necessity indeed could justify such a deviation from the constitution passing into a law. He had witnessed the existence of that strong necessity. Those noble lords who had resided in Ireland during the rebellion had seen but too many reasons for martial law, and were best enabled to argue for the bill. But he did not desire or expect it to be passed through confidence in him or the other Irish peers alluded to. Reports of committees of the house of

commons,

commons, and of their own house, were on the table; and he thought that these might have engaged their confidence. Although the head of rebellion was suppressed, yet the principle still existed in all its first vigour: martial law alone kept it down it was well known that the disaffected anxiously wished another invasion from France; and there could be no doubt that as soon as the French landed in Ireland many disloyal persons would join them; the United Irish having resolved to subvert government, and break the bonds of Ireland and Great Britain. For many such reasons he determined to support the bill.

The earl of Warwick said he had only to observe, that from what the noble lord had said last, he was satisfied of the necessity of he bill. He recommended to ministers to take proper care that industrious labourers might be supported in both countries;-a serious duty to which ministers were bound.

Lord Longford rose, and in a neat speech defended the bill, saying, that he had seen and felt the necessity of a similar measure, and was sorry that this still remained. The state of the country was not so bad as before, but this was owing to the effect of martial-law bills. A noble lord had mentioned the regular administration of municipal law in Ireland, which was true; but could not have been except through martial law. He made other strong observations in favour of the bill.

The earl of Carlisle said, the noble lord had effectually convinced him that the bill ought to pass for the tranquillity and safety of Ireland, and that this deviation from the British constitution should continue one year longer. He there

fore, though reluctantly, should vote for the bill. He was not, however, so satisfied with the speech of the noble secretary of state, who had not assigned any reason for the necessity of the bill. Much had been said in praise of the late lord-lieutenant; it must therefore seem very strange that ministers should just then recall the noble marquis, and send out a new lord-lieutenant, who, though highly esteemed, must be a stranger to the Irish and their prejudices. He congratulated the house on the change of affairs during the session: the storm in the north had been averted, and the prospect in the west became more flattering. At home we had the view of a prosperous harvest, nor were longer obliged to put up with substitutes as before. To one indeed we were forced to submit-a substitute administration. Great wisdom, abilities, energy, and experience, had been lost; and men totally inexperienced had taken their place. One gentleman had taken the helm, of whose talents for the task they knew little or nothing. His lordship concluded with supporting the bill.

Lord Somerton (archbishop of Cashel) warmly defended the bill; saying, that the expiring parlia ment of Ireland had bequeathed it as a precious legacy to Ireland, and the imperial parliament had since renewed it. In addition to his former arguments, he said that lord Cornwallis, whose humanity had highly and justly been praised, had called a court-martial in May (as one of his last acts), when a person convicted of murder was executed. His grace urged many reasons for the bill; among others, that the state of Ireland made courts-martial necessary, but were strictly confined to treason, or

offences

« PreviousContinue »