Star. — London, England, 1825-02-11 00:00:00

I e "^": 1 1 / . striated to impede the prosperilt of the empire, and to produce and foster public discontent. The Bill which d he should now introdult, pith the view of resisting the evil in question, went to amend acts—one passed by the Irish Parliament-in 1795, allrcalled the Convention Act, the other passed the year before last, for putting down secret societies in Ireland. Although these re lated to different objects, they were both applicable to the present state of the sister country. It was well known that the Act passed in 1793, was intended to prohibit all assemblies, either representing or affecting to represent the public generally, or any class of the people.—But it was not because danger was appre hended from Representative Bodies only that the above Act was passed, but because all bodies then existing of an alarming character were of that nature. Up to 1793, all assemblies which had met in Ireland were Repre sentative, and the particular one which was quelled by the Convention Act was so likewise. Representation, therefore, was only a distinguishing feature of thegene ral evil which it was proposed to redress, and was not the test by which the Government of that period pro ceeded. If the House attended to the Resolutions adopted in the Irish Legislature previous to the passing of the law, it would find drat Representation was only one characteristic of the Bodies it wished to suppress. - In the Irish House of Lords particularly, it was stated that the object was to put down self-created As semblies taking upon themselves to interfere with the prerogatives of Parliament, and levy sums of money on the King's subjects. It was not, therefore, representation which gave the character of danger to the Assemblies then contemplated, and the debates of that era shew that the Act was directed against self created Societies exciting alarm, and tending to disturb the peace of the country. Parliament had now to deal with an Association formed expressly to evade the law— an Association aware that the provisions of the existing law extended only to representative bodies, and which therefore claimed to itself the privilege of not being a representative assembly, but one formed and maintained on independent grounds. It had, however, been ad mitted a few evenings back, by the Hon. and Learned Gentleman opposite (Mr. Brougham), that the Catholic Association " virtually represented" the Catholics of Ireland, and there was no testimony on a matter of this sort which he (Mr. Goulburn) would prefer to the Non. and Learned Gentleman's. He would ask, then, was there not as good ground to suppress a body 4 4 virtually" representing, as a body actually representing the Ca tholics, ?—and whether a body was to be tolerated which' did that virtually which the law prevented it from doing actually ? lithe Catholic Association technically evaded the object of Parliament, the latter was bound to keep pace with the ingenuity thus employed, and to meet the artifice which had been resorted to. Surely it would not be contended that any society should be allowed to effect that virtually which the law prohibited it from effecting actually ? If he (Mr. Goulburn) were to vir tually calumniate any Gentleman opposite. he should think himself more culpable than if he had openly done so, for lie should have to add the shame of the subter fuge to the guilt of the act. Burputting representation aside, he was prepared to ground. his motion on the q i iiid nature and constitution of th ies with which the House had now to deal. He it d, however, he might indulge the hope, that the nec ty for adopting the present measure would be short-lived, and its operation equally temporary. He had already intimated that he should first thaw attention to the Catholic Association. In entering upon that subject, he was afiaid he should appear fatiguing ; for it had been the beast of the body alluded to, that all its acts were priblic— ( Hear, hear). It had been its object to disseminate its proceedings in every pothible channel of publicity. He, there fore, felt the difficulty of stating . anything to the House which had not been known to it before—( Hear, hear). The Catholic Association was formed in the May of 1823. To his present purpose, the objects with which it professed to set out were matters of compara• tive indifference. Whether it assembled as was de clared, solely to aid in procuring Catholic Emancipa tion, and the redress of what were termed other griev ances affecting that body—or whether, as some of its Members asserted, the object was to obtain a Reform of Parliament, a Repeal of the Union, and the ultimate separation of the country fi om England, he should not now dwell on. Were the objects perfectly inoffensive, that would not shield from the consequences of the in jurious means that might be employed in effecting them. Wete they not, it was not worth quarrelling with the Catholics, because they had exactly done what they assembled to do. In abstaining, too, from any particular observations on the speeches of individuals in the debates of that Assembly, he was willing to allow that persons in popular meetings were apt to be led away, by a: dour of momentary incitement, to tt'ans gress the bounds of discretion. He should likewise ab stain from those debates, because it was on the whole tone and tenour of the proceedings of the Association— (Hear, hear)—that he should te,t his motion. As he had already stated, he was willing to admit, that in public assemblies much latitude of language must be tolerated; he did not think, however, that the speakers of the Catholic Association could claim any indulgence en that score. In it there was none of that opposition which was at once the cause and the excuse for intem perance. The great source of mischief then was the absence of all opposition—(Hear). The Members were all perfectly agreed on every topic; and if any indi vidual dated to offer an opinion at variance with the general feeling of the meeting, his reception was such as to deter every other man from following the ex ample. Next, in considering the constitution of that body, not the least alarming feature was its indefinite ness. Other bodies not elected, might still be under some controul. But when either being a member or not being a member, depended upon a person% own will ; and when the number of members was unlimited, all checks operating upon other societies *ere withdrawn. He was also obliged to acknowledge that the Associa lprised great proportion of the Catholic of persons that on the present occa isposed to speak of in sorrow than 1 painful to find those whose duty ulcate the meek spirit of Chris and to impart to them religious not only taking a past in the po. .ssociation, but using their powers influence. The next class comprised known for yeats to every use ssh affairs ; they were persons of or angry dispositions and tur bo had at all times been the asl imaginary sufferers, their busi inflame the minds of the people—to reliance on the laws—and to they were enduring every descrip tion of oppression. The union of these individuals with while he adverted to the application of the money thus the other members of the Association was of itself well collected. To some parts of the appficatiohhe did not calculateito excite alarm. But to those were to be ad- offer any objection. • The Catholic Association Might ded all the survivors of the Catholic Committee of give briefs to certain Banisters to defend.the Citholics, 1793, to put down which the Convention Act had been or they might appoint an agent in London to superio passed, and also many persons not unknown to that tend their English affairs. These proceedings he should House—persons long familiar with plots and treasons— not impugn, whatever he might think of their discre with the plots and treasons of olden times—the asso- tion. Neither should he make the interference of the ciates of Tone, of Russell, and of Emmet—men who Association with the Liberty of the Press any ground had openly arrayed themselves in mad defiance to the of charge against a body who set up a claim to liberality Laws and Government of the Country, and who were of sentiment on the part of others as well as itself. He identified with the desperate objects and acts of would say nothing of the very considerable part of the those days., This was a part of the subject, how- Press which:the Association had retained as its advo. ever, on which he had no inclination to enlarge. He cater, nor of the other part of the Press which it had must next observe, that there was certainly a consider- determined to persecute—nor of its union with Mr. able portion of the Catholic Nobility and Gentry also Cobbett, and the sums expended in disseminating his connected with the Association—(Hear, hear, hear). He writings throughout the country. It was not, however, was disposed to speak fairly, and he broadly stated that because he was insensible to the tendency of those acts, fact. It was impossible at the same time not to per- but because there were other modes in which the" rent" ceive that many of the Catholic Aristocracy and Gentry was applied more deierving of reprehension. He was bad been iasoluntarily placed in that situation. He unwilling to detain the House, but he could not help a would indeed assert that the great proportion of those reference to the interference of th a t bod y with the ordi. classes viewed the conduct of the Catholic Association nary administration of justice. He knew that any ob with as much dread and horror as any ether part of the nervation of this sort he might make would give rise to community. But it was well known these men might remarks upon an Association which had existed in Eng. be found to swell the numberp of any Society, and from land. In the first place, however, an Association might their characters to confer importance on it, without be legal in this country which would neither be legal being able to direct its march. It was known that nor expedient in Ireland—for then it might be attended neither virtue, rank, nor talent, held the ascendancy in with most prejudicial ccnsequences. But the Catholic As such assemblies, but that whoever pandered to the pas- sociation had not only int e r fered with the ordinar y admi sions of the multitude, was raised to the dignity of a nistration of justice, but had intermingled itself with all leader. Yet the junction of so much rank and merit the preliminary proceedings before the inferior tribunals. gave a weight to the Association which made it the In investigations belae a single Magistrate, in trials at more formidable and the more deserving of suppression. the Petty Sessions—(Hear)—and in Coroner's Inquests, Could the House either forget that the Catholics had the Agents of the Association were employed. Nor upon adopted the very forms of Parliament, while it op. those occasions was the interference of the agent con posed and spurned its authority? At the beginning fined to the cases under consideration, but everything of its Session general Committees were appointed— calculated to awaken or exasperate political animosity a Committee of Grievances—a Committee of Jus- was urged—the Magistrates were personally appealed tice—a Committee of Education—(Hear, !sear)—and to—and the alleged sufferings of the Catholics were not all on the ground that Parliament had refused to only pleaded in extenuation of ci into, but in violation of attend to these subjects, and therefore it was incumbent justice. Every Court of Petty Sessions even was at on the Association to perform the duty. Besides gene- tended, when the occasion was thought fit, by Counsel ral, there were likewise particular Committees, one of delegated by the Catholic Association—delegated for which was for examining_facts before they were sub- the purpose of perplexing , by t h e s ub tl et y and intrica. mitred to the public. The rules and orders of the ties of his argument, the course of the legal proceedings. Association were likewise copied almost verbatim from He spoke from what had really happened, and not from the rules and orders of Parliament ; and, " Sir" (con- any ideal picture of his own. Such had been the effect tinued Mr. Goulburn, and pointedly addressing the of this line of conduct in some parts o f t he countr y , Speaker), "if that body has not appointed one of its that many Magistrates had been reduced to the necessity members to office similar to that which you fill in this of retiring from the Courts where they were subjected House, it is because it has not been able to find an in- to this sort of persecution. He would, however, draw dividual willing to accept it under the penalty of being their attention to the effect of this course in some of the permanently silent." Although the Association obvi- higher Courts. It happened that about the end of July ously exercised great power over the Catholic popular last, a statement reached the Catholic Association relit• don, it took a peculiar method of establishing its author Live to a murder committed in the parish of Ballybey. rity through the country. It was in the habit of calling The writer stated that the murder was committed by what were termed aggregate meetings, and which an Orangeman upon a Roman Catholic, undes circum were held to express the sense of the Catholics of Ire- stances of great aggravation, and was coupled with an land. These meetings were convened at regular in. expression (.1 indignation that the Association had not tervals ; and resolutions were passed approving and interfered without waiting for the stimulus oldie writer's sanctioning everything which the Association had account. In the first place, he wished the House to done. If, therefore, the Association was not avowedly remark upon this case, that the letter to which lie al the representative of the Catholics, it took care to act luded, containing all these details, was publicly circu tor them first, and to obtain their approval afterwards. lated over the country by the Catholic Association, But what were those meetings? 'They consisted prin- before the individual charged was put on his trial (Hear). cipally of the members of the Association, and the per- In the !econd place, he should call their attention to the sons who spoke loudest and longest at them, and who course adopted by the Association in pursuance of the passed the juggle off on the people were the orators of matter. Arrogating to themselves the functions of the Association, who merely expressed and had pro- Parliament, a meeting was convened at which the let claimed self-gtatulatory compliments upon their own ter was read, and a Resolution regularly passed and eloquence, and their own conduct. It was next his entered upon their journals, " That upon the motion of (Mr. Goulburn's) duty to call the attention of the Hdus.e S. D. Mullen, the Committee appointed to investigate to some of the leading acts of that Society. There was the circumstances of the recent murder in the parish of first, under the guise of voluntary contributions, a levy Ballybey, be summoned to meet upon Monday next, on the public called " Catholic Rent," which, besides and the communications upon the subject being laid implying a power and right only lodged in the before them, they be authorised to adopt whatever pro- Legislature, was an onerous and grievous tax on ceedings may appear requisite."— (Cheersfrore the Op the people of Ireland. No one could deny but the position.) —He (Mr. Goulburn) begged to observe that rent was a levy of money from his Majesty's sub- he was stating facts, and he thought it would be more jects for objects not previously defined, but such as to the satisfaction of the Honourable Gentlemen oppo it might subsequently be advisable to pursue. The site to re erne their cheers till they should hear the end system, however, by which that tax was collected of the case. This Committee he had to inform the was more obnoxious than the tax itself. There were House, made a report. in which they declared the case officers and inferior officers all depending on one ono- in question was one which called for the interference of Cher, and exhibiting an organization more dangerous the Association, and recommended that Mr. Kiernan than any purpose to which the fund could be applied. should be directed to conduct the prosecution. This When a sum was to be raised, an order to that effect accordingly took place. Mr. Kiernan did conduct the emanated from the Society at large, specific in every prosecution; but it was material to consider what was respect but in the amount to be raised. The mandate the consequence of all this to the individual placed upon was issued to the Priest of each pal ish, who, by the same his trial. In consequence of this report, arid the pub authority, was appointed treasurer of the rent. Instruc- licity of the statement upon which it was founded, lie dons were also furnished him at the same time, and went to trial with the opinion of the *hole of the Catho. books, in which the contributions received, and other lic population of the country against him.—He appeared circumstances, were to be carefully noted. On receipt upon the day of his trial, with the supposed fact: of that mandate, the Priest announced it from the chapel elicited by the investigation of the Catholic Association —from the altar—informing the congregation of the arrayed against him, the result of which was, that a object to be effected, and calling upon individuals to Catholic had been slain by him because he was a Ca takethe ofßceof collectors. Nor had instances been wanted tholic. He would, however, trouble the House to pur when persons, who refused to act as collectors on that sue the proceedings in this case to their termination. mandate, had been publicly censured by the Priests, and At the trial a variety of witnesses were produced, who held up in the chapel among their friends and neigh. severally swore to the most horrible acts of cruelty on hours as unworthy of all confidence or regard—(Hear, the part of the prisoner. One swore to his having Lear). It was a further part of the duty of the Priest to jumped upon the throat of the deceased ; another insert or cause to be inserted, in the books transmitted that he bad inhumanly kicked him in the ribs to him, the name of each contributor, and the amount when he lay. upon the ground ; others spoke to the of his contribution, that both might be recorded in the tact of his having broken the deceased's arm, and archives of the Association. There were other books in went on with a series of the most shocking recitals. which the names of those who did nqt contribute were But how were the facts of the case, as proved in the registered, and a report made to the Association ac- progress of the trial ? The surgeons who examined the cordingly, that such persons might be handed down to body were produced—men beyond imputation as to posterity, with a suitable share of obloquy and odium character, and also beyond the influence of the Catholic —(Hear, hear, hear). But the Association went still Association. They proved, to the complete satisfaction further. Some Gentlemen who had thought it a griev- of tke Court and the Jury, that on the body there was l ance on their tenantry to be compelled thus to tax them- no one mark of violence—(Hear, hear). The deceased, selves—Who saw with pain and regret a miserable pea- it appeared, had received his death by accidentally fall untry suffering want and penury, and unable to give ing upon a small post, and breaking thereby one of the their children the meanest education, mulcted of a part vertebra of his neck. Added to this,,in the defence, of their hard earnings—advised the people not to pay circumstances came out highly honourable to the indi tbe " Catholic Rent." The consequence was, that the vidual, as to his conduct upon the occasioa which had Catholic Association was filled with letters from the brought the deceased to his death—(Hear). He could Priests in those districts, denouncing and holding up to not leave this case without reciting to the House the scorn and reprobation—he (Mr. Goulburn) would not words of the Judge, upon discharging_ the prisoner. say to vengeance—the Gentlemen who had so inter- They were to the following effect :—"1 do not think fered—(Hear). Where no definite object was assigned it right to discharge you from the place where you now for the application of the money so raised, so torn from stand, without expressing to you my entire satisfaction the people—(Hear, hear, from the Opposition Benches) at your conduct upon the evening to which your trial —Gentlemen who doubted the cruelty and force of the has had reference. It is evident from what has trans exaction, were not, perhaps, aware of the power which pired in the course of your trial, that you exerted your the Catholic Priests exercised over their flocks. As had self to the utmost to preserve the peace, and your eon lately been mentioned in that House, they assumed the duct entitles you to the highest praise."—(Arear, hear). authority of absolving from sin, and of abstaining from Yet this was the individual who had been denounced affording absolution. Could it be imagined, then, that in for a whole fortnight before his trial as having been addressing a low and ignorant peasantry, and in applying, guilty of the most abhorrent crime ander the most if not the authority, at lust the influence of the priestly aggravated circumstances; and • office, in extorting contributions from the poor —could it mated thefeelings of the whole, be said that the payment did not proceed from compel- —But this was not the only . sion: was it nottorn from those unable to spare it?—(Heer). whith had come to his knowled) He (Mr. Goulburn) would now trespass es the House had bees announced to the of the parish off' /4ewinarkot, that a sblctk bf the 25th regiment had been detected in an attempt to se duce the people from their allegiance, by acting td administer illegal oaths to them. The name of the soldier was Stephen Hanley. and the Nest, in bit letter, stated that " the ruffian Was apprehended in his attempt to persuade four men to take the illegal oaths. Upon being asked what the nature of the oath; were? he said, it was to be true to each r they, and that they were to kill all the soldiers, all the Orangethed, and all the Protestants. He said that the than had selected him as the most proper man to enlighten the people.— The letter went on to say, that the " ruffian had been arrested ; that the witnesses had attempted td deny the facts, but that a more clear case of guilt; and one better proved, had never been known; that lE lbehoved the Association to come forward; or ne: thing would be done, and in the opinion of thi writer, he had better be transported immediately, al the best means to stop the career of similar incendiaries: The case came on before a numerous Beath of Magic: trates, forty-three in number ; but such was the contra-. dictery nature of the evidence adduced on the part of the prosecuticin, that the Bench was unanimous in the opinion that it need not go to the Jury. At the head of this Bench was Mr. Blackburn, whose respectability and legal competency no one in that House would deny —(Hear). This soldier was not only subjected to im.; prisonment, and to every vile appellation that could be given him, but he was actually denounced at the altar by the Priest of the Parish where -he was taken up.— The Priest went so far as to tell his auditors to be cau tious against the soldiers, whose object was to lead thud astray, in order that they might afterwards shoot theth like dogs—(Hear, hear). To this admonition he added the humane promise, that he would seek out the milli.* of the woman to whom the soldier was married, and have her sent out of the country. The case he had just related, had been followed by a similar one, in which a policeman . was the victim.—The object there was to render the whole body of police odious to the people; and to excite the acrimony of party in the administra tion of justice. He could relate many similar cases, but he would leave them, and come to the subject of the pro= clamations of the Catholic Association. One had ap peared in the month of December last, in which they boasted that they had restored tranquillity to the country.; About that time it appeared they began to entertain a great aversion to Whiteboy offences; and they be. thought themselves that it was prudent, as they pos sessed some influence in the country, to obtain the Suf frage of the respectable portion of the country, who had hitherto kept aloof from some feeling of alarm with regard to them. la the early part of the address, they called upon their adherents to abstain from all illegal meetings and acts, and especially from Whiteboyism. Having done this they urged their arguments in support of it. One of these was the power of the law, which if electively administered, would assuredly be toga strong . for them; and then, said the Proclamation, "how many innocent persons have we seen suffer transporta: 'ion?' Here it appeared that they could not advise the people to abstain from outrage without libelling the law, by asserting that people were transported under it who were guilty of no offence. On behalf of the Irish Government, he begged to state, and the Committee of last Session upon Irish affairs would con cur with him in the assertion, that there was nothing to which the Lord Lieutenant paid more attention than to this branch of his functions. Every case under went his particular attention, in order to insure that no man should suffer the sentence of the law where there was a shadow of evidence in his favour. This was the outset of the P. oclamation ; but he would presently she* what were the motives at the bottom of this conciliatory address. These were placed at the conclusion, which was intended as the strong point of the whole, to sum up as it were the merit of the address, and shew the principle upon which the Association professed to act ; and that which it was the object of the Address to in culcate. This passage called upon them, in the name of common sense, and by the hatred they bore to' Orangemen, their natural enemies, their respect for their Priests, and reverence for the religion of the living Gon, to observe the exhortatiens of the Address. , This sentiment had been affirmed by the Association,' when called upon by one of the members to impugn and reject it. He was therefore entitled to assume that they concurred in it as a body,the approach to unanimity having been such that they would net even divide upon the proposition to reject it. This Proclamation had been sent to every Priest in the country, by him to be read publicly in the church—(Hear, hear). —If there wanted a proof of the influence of this Association, this, which procured that the Priests should inculcate from the Altar " hatred to their natural enemies," their fellow creatures; would suffice for that purpose. For their te ligion was based upon the same principles as mown. and so great a departure from those principles argued a proportionate influence. 'This paper had been read upon the Sabbath to the congregations of the respective churches, and left to work its effect on the ignorant minds of the populace. Under these circumstances, was it surprising that an anxiety upon the subject of this body should be felt by the Government of Leland ? Having forborne, until forbearance was almost a crimes they new called upon Parliament to protect the country. not only from political but from religious danger. Was it possible to look on inactive any longer, whilst this Association continued in its baleful course, perverting justice, sowing the seeds of disunion, and proclaiming open hatred to a great portion of the population? It was to be observed that the consequences of former associations were still fresh in the memory of thae country. In 1791 a similar body arose, styling them , selves United Irishmen. There were other Associationi strongly resembling in their nature the Catholic Autos ciation, which flourished at this period, the termination of which they could not forget. He would not rear to' the events of those times, of which, indeed, it was im possible to think without horror. He would merely re mind them that the United Irishmen began by profile' lug, like the Catholic Association, that they were ,as sembled for the purpose of obtaining Emancipation. It was distinctlylaid down in their first addresstbatEmoo cipation was what they had in view, in order to induce the concurrence of the country. /The House well knew, from the subsequent confessions of some of the par ties, that revolution and separation from England were their real objects. They, too, like this Association, had endeavoured to levy rent, and they defended criminals by Counsel out of their own body. He roust,hoemert in justice to them say, that they never attempted to transport an innocent soldier, nor crush a merit wonder . all checks operating upon 1 1 He was also obliged to I tion comprised a greal hierarchy—a class of pe Ilion he was more dispos in anger—for it was pai ' ) directed them to intuit tianity into their flocks, a 't , and moral i ns t r uction, nc t litieal objects its influent the Asst 1 in extending influenc in that body were well 1 who had attended to Irii disappointed hopes, or governable ambition, wl i yentas either of real or nese had been to inflanu 4 , - teach them to place no . prove to them that the, nd against whom were ani. Officer. But, he again asked, was there any wattle' I e countryof whatever party. that the Irish Government should call upon Parliament • iy case of a similar nature with a loud voice to rescue the country from the . ,ili" 4V ledge. In January last it pending danger of this new Association ? He wish es , Association, by the Priest to present the question under a new face. &Wag . 1