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CHAPTER XIV.

Bill for the better Execution of the Laws in Ireland.-Discussion of the Treaty of Peace with France.-Prince Regent's Speech, and Prorogation of Parliament.

On N June 23rd, Mr. Peel (chief secretary for Ireland) rose in the House of Commons to submit a motion for a bill for the better execution of the laws in Ireland. He said, the state of that country had for some time past been such as to call for the adoption of additional measures for securing the public tranquillity, and he had been prepared at a much earlier period to propose them to the consideration of parliament, but the hope of some good effects from the general pacification of Europe had induced him to delay. Such hopes had, however, been frustrated, and he could not, consistently with his duty, protract any longer the production of his plan.

The disturbances, for which he was to propose a remedy, originat ed in different causes. The first be should mention was of a political nature, and arose from combinations of idle infatuated people, who were made the dupes of persons of superior information. Their object was to overthrow the existing government, and transfer the allegiance of the people to foreign powers; an intention which was proved by the tenor of an oath brought in evidence against several persons at the last assizes in Irefand, and which Mr. P. now read. It bound the taker to suffer death

rather than give information against his companions; to join the French on their landing, &c. A second class of combinations were those which were formed on the pretence of redressing local grievances; and though the objects were various, the general mode of carrying them into effect was the same, namely, inflicting punishment upon the persons who disobeyed their orders. As a proof of the accuracy of this statement, Mr. P. referred to the proceedings at the last assizes of Roscommon, and to a letter from a magistrate who had been sent into Westmeath for the purpose of making enquiries. These combinations, he observed, were not only mischievous in their present effects, but were formidable from their accustoming the persons combining to habits of great caution and strict discipline, which might render them dangerous engines in the hands of designing men. Another unfortunate source of disturbance was religious animosity, and the pains that had been taken by means of the press and inflammatory speeches to induce the Irish Catholics to believe that the government was not disposed to administer the same justice to them as to their Protestant fellow-subjects. He hoped, however,

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that the means which had been taken to convince them of the determination of government to treat all offenders against the public peace with perfect impartiality, had not been without effect. Having pointed out these principal features of the tumults in Ireland, the right honourable gentleman observed, that one of the greatest obstacles to the administration of the law in that country arose from the difficulty of procuring persons to give information to government, and evidence in case of violations of the peace. This was partly owing to a kind of romantic feeling, and partly to a system of intimidation, which was carried to great lengths, and often produced scenes of atrocious barbarity. Having, from various documents, given proof that the ordinary powers of the civil magistrates were not sufficient to maintain the public tranquillity in Ireland, he said, that in his opinion it would be much better to invest the civil powers with additional authority, than to call in the aid of the military; and he proceeded to state the provisions of the bill which he was about to move for. They were to enable the lord lieutenant, when disturbances existed in a district, to proclaim it to be in a disturbed state, and to appoint a superintending magistrate with a salary, and special constables with salaries. The magistrate to have a house and office, but not to be invested with extraordinary powers; to be responsible immediately to the government, and removable at pleasure, and to be called upon for those exertions which could not be expected from the ordinary magistrates. The special constables to be select

ed from farmers' sons, and persons of that class, and to keep watch and ward in the district under the control of the superintending magistrate. The expenses for this establishment to be borne by the district. After some further explanations, he moved "That leave be given to bring in a bill to provide for the better execution of the laws in Ireland, by appointing superintending magistrates and additional constables in counties in certain cases.'

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In the conversation which followed, there was a general concurrence in the principle of the bill, and approbation of its mildness; and leave was given to bring in the bill.

After the bill had been twice read and committed, Mr. Peel, on July 8th, rose, he said, with considerable regret, to propose an additional measure for the preservation of the public peace in Ireland. When he brought forward the bill now in progress, he had reserved to himself the right, should circumstances require it, of bringing in another of a more effective nature. Since he last addressed the House, he had endeavoured to collect information from every quarter of the state of the country, and he was sorry to say, that in those parts of Ireland where the laws had been administered with the greatest severity, and where the greatest number of convictions had taken place, the terror of those convictions had scarcely survived the cause, while new combinations of a more extensive and dangerous kind had been formed, which defied the operations of the law as it now existed. It was therefore become necessary to entrust the Irish government

with a power to be exercised in case of emergency of a nature more decisive than that of which it was already possessed; and the proposition he should make for this purpose was the revival of a measure which had received the sanction of parliament in 1807. It was contained in a clause of the Insurrection Act, providing, that in case any part of the country should be disturbed, or in danger of being so, two justices of the peace should be empowered to summon an extraordinary sessions of the county, which should consist of seven magistrates, who were to make a report to the lord-lieutenant that the district was in a state of disturbance, and that the ordinary law was inadequate to the preservation of the peace; the lord-lieutenant, by the advice of his privy-council, was thereupon empowered to issue a proclamation, commanding all residents within the said district to keep within their houses from sunset to sun-rise, and that no persons should be suffered to be drinking in a public-house after nine o'clock at night; and further, if any should be detected out of their houses at the prohibited times without being able to shew good cause, they should be liable to transportation for the term of seven years. It was also required that the lord-lieutenant should order a special sessions of the peace to be held, at which these persons should be tried, and, if necessary, that trial by jury should be dispensed with. Other provisions sanctioned the employment of the military on occasion, enabled the magistrates to pay domiciliary visits, and break open doors if denied admission, &c. The VOL. LVI.

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right honourable gentleman allow ed these measures to be evils, but the house was to decide upon comparative evils. It was by no means the intention of government to have recourse to this act, if it should pass, on ordinary occasions, but only when all other means of quelling disturbance should fail. He then referred to the information that had been received of the outrages that were going on in different parts. In Queen's county the Caravats were levying contributions from the little farmers every night, and seizing arms and ammunition wherever they could be found. A set of savages, called Carders, were active in the county of Westmeath, and kept the poor inhabitants in constant dread of assassination, or of having their cabins burnt over their heads. These men derived their name from the operation of applying wool cards, with which they tore the flesh from the bones of the objects of their inhumanity, whose offence was perhaps no more than giving a higher rent to their landlords than others, or refusing to join their lawless bands. These atrocities were not practised by one sect against another, but Catholics and Protestants were alike exposed to them. Mr. P., in conclusion, moved, "That leave be given to bring in a bill to provide for the preserving and restoring of peace in such parts of Ireland as may at any time be disturbed by seditious persons entering into unlawful combinations or conspiracies."

Mr. Abercromby said, he was far from accusing the Irish government of a desire to grasp at too much power, but he thought the present application had not been made in a parliamentary manner. [M]

The nature and extent of the evil should have been made known to the house, that it might in its wisdom apply the proper remedy. The most correct manner of proceeding was to refer the documents to a select or secret committee.

Lord Castlereagh saw no necessity for such a proceeding, as the disturbances were so notorious as to be admitted on all sides.

Sir Hen. Parnell said, it would have been more agreeable to him if the state of Ireland had been discussed in a committee before the present measure was introduced, since it might now be thought that the house had acted precipitately, upon the spur of the occasion. It appeared to him necessary that the magistrates should be armed with additional authority, but he was not friendly to a system which punished without the intervention of a jury.

Mr. Fitzgerald observed, that it was most unfortunate that the trial by jury in those parts of Ireland which were disturbed could not be acted upon beneficially, because information could not be obtained against those who violated the laws.

Some other Irish members spoke in approbation of the proposed measure, and leave was given to bring in the bill.

On the motion for its second reading, July 13th, Mr. Horner rose to oppose the bill. He said, it was an unconstitutional measure, brought forward towards the close of the session, when most of the members for Ireland were absent, and not called for by any sudden emergency or new occurrence. He was convinced that it would tend rather to exasperate the people, and exaggerate the evils com

plained of, than to remedy them, and could not consent, without much stronger grounds, to violate the trial by jury, and suspend the ordinary operation of the laws.

Mr. Peel, in reply, defended the bill, as being a copy of that which passed in 1807, and could not be thought less necessary in the present circumstances of the country. He entered into vari ous particulars for its vindica tion, and said, that the argument from experience was altogether in its favour, since the very passing of the act in 1807 had rendered it unnecessary to carry it into execution.

Sir S. Romilly said, that the precedent of the act of 1807 had no weight with him, since he had thought then, as he now did, that no such bill ought to pass till a committee had been appointed to enquire into its necessity. As a reason for the former act, it had peen declared that a French party then existed in Ireland, but at present we were at peace with France.

Some other members took the same ground of the propriety of previous enquiry; and Mr. J. P. Grant contended that the state of Ireland imperiously called upon parliament for a thorough investiga tion, since its diseases lay deeper, and required a radical remedy. On the other hand, the bill was support ed as a measure of immediate necessity; and at the conclusion of the debate it was read a second time.

The house being in committee on the bill on July 14th, Sir H. Parnell rose, and made a speech, the princi pal object of which was to censure the omission of the right hon. mover in not noticing the disturbances existing in the province of Ulster,

and which he attributed to the association of Orange-men, and the continual provocations given by them to the Catholics. He fur ther spoke against the unconstitutional harshness of the measure of enabling the magistrates to transport all persons found out of their houses from sun-set to sun-rise, without a trial by jury: and he proposed as an amendment of the bill, leaving out the words in clause 7th, "without any grand jury, and without any bill found, and without the verdict of any petit jury."

Mr. Peel spoke in vindication of the Orange societies; and Sir H. Parnell made a reply. A division then taking place on his amendment, it was rejected by 66 votes against 6.

The third reading of the bil being moved on July 20th, a de-' bate ensued, which it is unnecessary to specify, as it was only a recapitulation of former arguments; it may, however, be mentioned, that several members expressed themselves strongly concerning the absolute necessity of a full and general considération of the state of Ireland. An amendment proposed by Mr. J. P. Grant, of limiting the operation of the bill to one year instead of three, being rejected without a division, the bill was read and passed.

In the House of Lords, the second reading of this bill being or dered for July 27th, it was introduced by Lord Sidmouth in a speech explaining its nature, and the necessity for it. It was strongly opposed by Lord Carysfort, and objected to by Lords Holland and Stanhope; but was read the second time, and committed. On the following day, the house being

in committee on the bill, Lord Stanhope renewed his objections, and moved as an amendment, that it should expire at the end of the next session of parliament. The amendment was rejected, and the bill passed the committee; and immediately after, it received the royal assent.

In the same session, a bill was introduced by Mr. Peel for rendering more easy and effectual the redress of assaults in Ireland. Its object was stated to be, to induce persons who had suffered violent assaults to appeal to the law for relief and protection, by enabling them to procure it more immediately, and without expense. No opposition was made to the bill in either house, and it passed into a law at the same time with the former.

There is perhaps no instance in modern English history of the termination of a long war, by a treaty which was so generally approved, as that which in the present year restored peace with France. The long protraction and excessive burdens of that war, had rendered every one capable of feeling for the general interests of his country, impatient to see its close; and if this impatience was most lively in the breasts of those who had, in all its stages, used their efforts to bring it to a conclusion; they, on the other hand, who were attached to the administration by which it was actually concluded, could not fail to regard the work as a subject of applause. Hence, when the topic was introduced in both houses of parliament, it gave rise to conver

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