Star. — London, England, 1801-03-13 00:00:00

I‘ Lord Lieutenant of Ireland in its favour I but he mutt fay, that neither he nor any other Mem ber of that Houfe were bound in their Legiflative capacity, to pay the kali attention to that opinion. He totally el* ffered from the. Noble Lord in the decifive principle laid down by him, that to give Martial Law to Ireland, was giving that country a boon inftcad of chains. As it had been alerted that by the King's prerogative, Martial Law might be proclaimed in cafe of a rebellion; he would afk whether the Rate of Ireland at this time was fuch as to enable the Lord Lieutenant to do fo, in cafe the propofed Bill Should not pars into a law ? He was warranted in concluding from Marquis COaNwaLeis's Speech to the Ira Portia relent, that there exifted no kind of tendency to • an infurreftion t in fuch cafe, the Noble Marquis could not exercife Martial Law, and confequently an Aft of Parliament for putting it in force could not be confidered as a boon, but a heavy fcourge impofed on the people of Ireland. An Honoura ble Baronet had that night informed the Houfe that Courts of Jake in Ireland fat and exercifed their funflions with the greateft freedom. The Noble Lord Rated, that 34 perfons had been exe cuted under fentences of Courts Martial: he wished to hear tonic reafon given, why theft perfons were not tried by a Court. of Jußice ? It was known, that Courts Martial had inflifted the molt lbvere and unheard of punifhments :• that a power was given to them to inflift any punifhment they might' think fit, and that in confequence of that node ' Signed and unlimited power, the ) , bad Indicted flogging, half-hanging, and every fpecies of tor tare; and all this perhaps, might have been done by three fubaltern Officers, perhaps by three lads of t 7 years of age. It was a bad principle to make three perfons fufficient to conffitute a Court Martial, and thofe three perhaps ignorant of the laws of the country, or difregarding them altoge ther. He wiftied to know whether there was futh fcarcity of Officers in Ireland, that no more than three of them could be found to conftitute a Court Martial ; when thirteen were neceffary to conffitutea regular Military Court Martial? It was far from his intention to fpeak with difrefpeet of the army, but he would contend, that it washighly im proper to place three perfons in a Situation where they were to decide upon and execute laws, of which they might know little or nothing. [Here Mr. W. was interrupted by one of the Members, who underftood him to have raid, that no military Officer ought to fit on Courts Martial Mr. ViThithread replied, thathe could not have faid any fuch thing, knowing that a Court Martial could be compofed of no other perfons hilt military officers : he then contended, that while it was neceffary for a man to be xt years of age before. he could be a juryman, it was highly improper, that a lad of 17 years of age, Should be allowed to difpofe of the life of his fellow-fubjeft. All that was liked for that night by him and his Honourable Friends, was delay ; that time would be given to examine evidence, either at the Bar, or in Tome other way, in 'order to fee whether this meafure was neceffary, or until Come refponfible Mini fter Should point out the neceftity of it to the Houfe. From fuch a dc lay no poftible inconvenience could refult. He wifhed that Parliament would ferioufly confider what it was about to do. When the Union between both countries had been agreed to, the Houfe was told, that it was a meafure which would allay all the difcnotents of the people of Ireland ; that it might be hailed, as the happy period when peace, wealth, and Liability, might be confidently looked for. But now it appears, that the first Conffitu tional Aft of the ImperiabParliament was to place that country under Martial Law. Mr. WiSTENIL A (an Irifh Member) thought that the prefent Situation of Ireland was fuch as to render Martial Law abfolutely necefary there. He hoped and trufted that the Englifh Gentlemen in that Houfe would confider the kith Reprefen tatives as fo many witneffes produced on this oc. cafion, and give full credit to their affertions rela tive to the Rate of Ireland; becaufe it was not to be fuppofed that they could have any motives for mifreprefenting the real Situation of the country, nor for exaggerating its misfortunes. It would be too great prefumpuon in him to enter into any flatements after thofe which had been fo ably and eloquently made by the Noble Lord (Caffiereagli). He could do no more than bear teflimony to the truth of them. He would barely mention one thing, which he could affirm to be a fart—that great quantities of arms, and particularly French arms, were now depolited in Ireland, and ready for immediate ufc. Mr. Corm Iwo defired to know what fecurity we could have, in the event of our forbearance, againft the continuance of hoftilities and midnight maffa cres ? He then proceeded to point out contradic tions in the arguments of the Honourable Baronet, and the other Gentlemen who oppofed the mea fure, and concluded with conjuring the Houfe not to give countenance, by the rejeftion of the mea. lure, to the prejudice endeavoured to be excited, that the Reprefentatives of Ireland, by agreeing to an Union, were cklivering themfelves up to men, who had no common feeling or littera with them, but were 141 , 311 y regardkfs of the welfare of that part of the kingdom. . Mr. TRENCH conceiving the condua of the Irifh Parliament to be as good authority as that of the Englilh one, and as proper to be referred to as a rule to direct the proceedings of the Hour!, he contended that no previous meffage was • nceeffary to lay a foundation for the prefent mea ftie. When it was lira introduced in Ireland. there was no filch mefrage, nor was it preceded by any inquiry. Mc than took notice of the great inconvenience that molt arife were the Bill (offered to expire. The otientirs now in cultody would, in fuch an event, be Set at large.; and though it Should be renewed in the e.airfe of a few days af ter fuck expiration, yet irremediable mifchiefmight be done in the interval. He Paid that the Courts of Law were open; but that Juries dare not do axis Milt, and that witneffes were afraid to come gorward. The Hon. Baronet hail called for in. fiances ; they were melancholy and notorious. He &new one cafe, in stich the mifeondia of the Jury' was tit flagrant, that the judge ordered their names to be putted up for public reprobiltion. A juror Should come to the boa unprejudiced's In I . . Ireland they could have no flub Juror. They could have no Juror in the fpirit of the Conftitution, when the queftion was between his confcience and his life. Mr.Taytoa infifted tbat lhould the Bill be Rifled in its birth, very ferious confequcnces might follow. Mr. Firzotaaus ( Knight of Ker ry faid, the common law of England required no eulogium. It was built on the principle that every witnefs would tell the truth, and the judge and Jury do what was right. But by the ingenuity of the men who concluded the rebellion in - Ireland, for many of them were lawyers, (a laugh) this which Mould be the life was turned to the deftruCtion of the Conilitution. The 'vicinage, which was original ly for the proteCtion of the Juror, became the fource of his ruin. If a man could forfwear him felf in his vicinage, without injury to his charafter for property, what but perjury could be axpated ? If any man doubted the truth, let him live fix months in Ireland, through which,. without this law, twelve Judges and an appropriate :Cumber of Conftables could be fent with no more fafety than the could be fent into the Baltic. If any one fup tofed the Ira Gentlemen wilhed for Martial Law, e wronged them ; their objetft was the re ft oration of the Conftitutional Laws of the kingdom. Mr. J. C. Bstssroan reprobated the infinuation that military men would prefide at a Court-Mar tial, with the remembrance of what had palled in the field rankling in their hearts. Such a feeling was more likely to happen in the cafe of a Juror, whole child or other relative had been murdered a Mac bcfbre, than in the breaD of an olncer and a man of honour. The Courts, it was true, were open, but Juries dare not give honell verdiCts. In fait, fuch was the perfecution carried on againft thole who fought to maintain the law, and carry ' it into effect, that a perfon fufpeeted of giving in formation to Government, had been followed from Ireland, and murdered in this town. Mr. OGLE perfectly coincided with the Noble Lord in his account of the Rate of Ireland. It was certainly fuch, that if the Bill Would not be pallid, he would nbt be anfwerable for the peace of that country, or the lives of the loyal part of its in habitants. He admitted the ftorm and tempeft of rebelliontad fubfided ; but there remained a dan gerous (well, and the fpirit that firft difturbed the waters, was Rill alive and aaive. The objea of the rebellion of Wexford was to put every loyal man and every Proteftant to death ; it was to pull down Church and State, and build a Papal Hie. rarchy in their place, in concert with France ; and to effeCt the feparation of Ireland from England, the Priefls were their Generals, and infpired - them with every abomination. The Honourable Baro net had , laid all was quiet now. He wilhed he would take a ride through the county of Wexford and fee—(a laugh.) Perhaps the Honourable Ba ronet after the fpeech he hid made might do fo with fafety, but he was certain he himfelf could not. I , So far from being quiet, not even, the mails could travel in fecurity. They were conflantly attacked, and not merely for the purpofe of robbery, but of murder. Nothing but_Martial Law could fave Ireland. The rebels at that moment did not he fitate to fay that they counted on a French inva fion, and were ready to co-operate with it. Mr. NVNAGHTON laid, he was aftonithed to find that the Hon. Baronet (Sir L. Parfons) thould be the only lrifhman in the Houle who oppofed this meafure. As to the quotation that had been made from Sir John Davis's account of Ireland, he muff fay, that when that was written there was no fuch thing as Jacobinifm in that country ; for the fafety of which, Martial Law was abfolutely neceffary. Without Martial Law the molt enor mous criminals could not'be punned; it would be impollible to put a flop to the diftnrbances that prevailed in the Counties of Antrim, Wicklow, Wexford, and Tyrone. He voted that night for the Noble Lord's propofition, for the exprefs pur pofe of preferving the Britilh Conftitution, which it was faid the meafure went to deftroy. Mr. BouvEats contended,that before a meafure of fuch importance and magnitude was brought before Parliament, there ought to be tome com munication from the King : as he conceived more information than waa Dated to be necelary, he would vote for the mction of adjournment. Mr. Souses Coes• was convinced that if the prefent (fate of Ireland was now fuch as it had been at the time of the rebellion, Martial Law was indifpenfibly neceirary ; and Would the Houfe re fute to adopt fuch a meafure, it would thew that it had no concern for the fafety and exjftence of that country.—[At this time the Q_ue ft ion was called for from all parts of the Houfe - .] Dr. Liuxtaca faid he would not, at the pre fent period of the debate, take up much time of the Houle. He could not, even at that late hour (a • c r y of hear / hear l) avoid riling to exprefs his difp protion of the meafure, or rather the monfter called by the name of lenity, which was propofed ' that night. A meafure which was no- pore like Martial Law than the Government of Algiers was like that of England. This meafure fuperfeded all the principles and forms polliffed by what was pro perly called Martial Law; that Law eftablifhed by the Mutiny Bill, where all poffible checks were to be found—where the fpirit of liberty was al ways Ilruggling againft force ; and in which were found all reftramts that did not direCtly tend to de feat its objee. But all thole checks which went to re arid the fe verity of Martial Law were taken away by this meafure, which differed from the other not only in its principles,but alto in the executive part of I it. Here three Officers were fufficient to form a Tri bunal, in a country where there were one hundred thoufand troops. All defies of people were to be fubjeCt to this kind of Tribunal, while the Soldier enjoyed the benefit of the Mutiny AB. While he was ready to Wien to the tcilimor.y of Gentlemen from Ireland, he mull beg leave to weigh it in the fame manner that a Juror would do. But the &anger could not be fo great as was reprefented by lonic of thole Gentlemen, becaufe of thirty-two counties, the Noble Lord could name only three that were fuppofed to be in a difturbed (tate; nor could the evil be my ferious, when it appeared that so more than thkerfeven perfnns had been tried by Courts Martial within the left 52 months. There was, indeed, a kind of furd.murmur, and a general difmay prevailing in Ireland before the ; rebellion broke out. But immediately on that 1 event taking , place, all idea of danger raniffied ; therefore the danger could not be fuch as to ren der the meafure necelTary. He would always fup port a vigorous Government in times of danger; but the times did not require a meafure like that now - propofed, when French principles were in to tal difrepute. He difapproved of the meafure, becaufe it went to permit themoft unconftitutional power to be exercifed over a country, on which it had been raid that the bleffings of the Conftitution would be conferred in confequence of the Union. Mr. Marna (of Galway) declared, that he was aimed by the prefelt Chief Jullice of the Common Pleas in Ireland, when Attorney-General, that fuch was the defire of a Jury to condemn, that in one morning they convided 3o perfons, whom he thought it neceffary to recommend to mercy. From this circumftance, it was evident that the regular tribunals of the country were fuch, as even the rebel would exclaim againft, and prefer fuch a one as was now propofed, which was only to take evidence, and whole fentence the Lord Lieu tenant had it in his power to reverie. Therefore, its defects could not pars without correCtion, he confidered it extremely unwire, if not improper, to fay any thing about the Catholics of Ireland at a time when their claim was likely to be brought before Parliament. He denied that the rebellion was a Catholic one, it was a Proteftant Rebellion, of which the principal leaders were Proteftants. Mr. OGLE explained, and faid, he had alluded to the rebellion in one particular County, which was conduCted by Catholics. Mr. Les (an Irifh Member) laid, that, in order to thew that Juries alone were not fufficient to try offenders, he would refer Gentlemen to the Jour nals of the Irifh Commons, which were now its the i Houle : there it would appear that an aft had been paired for making the information of a witnefs who fhould be murdered before trial, fufficient evidence to go to the Jury. This meafure had been adopted, on account of perfons who wereio give evidence agaistt rebels being murdered before the trial came on, to prevent the conviehon of the perfon accufed. He would refer Gentlemen to another Aft, by which perfons confpiring to murder were held equally guilty as if they had committed the mur der. Another Ad gave Magiftrates a power of fending any man to ferve in the army or navy, who fhould be found from home at night, and not able to give a proper account of himfelt. The caufe of this Aft was a praftice which exifted, by which ten men ufed to meet at night, and (wear that each of them would go that night and (wear in ten men ; and there ten (wore kgain that they would (wear 1 each ten more, and fo on. It required no great knowledge of arithmetic to Thew what danger would arife from fuch a pratice as this. In fhort, there was not an aft of the Irifh Parliament that was not diftated by dire neceffity, and the Parlia ment was as lenient as under every circumftanee it was poffible for it to be. The Rebellion of Ire land was different from any thing of the kind that ever exifted in the world. Every man was taught that he fhould get property, if the rebellion was fuccefsful. The Rebels fumetimes parcelled out and divided the fpoils before the battle was fought. With regard to the condo& of the Courts Mar tial, ever fince the Rebellion, a Lawyer prelided / at them, and would have pre fi ded durin the Re bellion, but no Lawyer could then be had a lasaith). This meafure was not brought forwar In the Executive Government, but by the Gentlemen of Property, whenever they law that the (tate of the country rendered it neceffary ; and it was not until the Lord Lieutenantwas lionned,that he yielded to the folicitations of the Country Gentlemen who re quired the adoption of this meafure. He wiffied that Gentlemen would not make ufe of Ireland as a flalking-horfe to curdle their abilities upon, nor draw it in as a pollfcript to their meafures. Mr. Hoes& Tooas faid he believed that martial force was neceffary for Ireland ; but there was a great difference between that and Martial Law. Only four Counties were Rated to be in a ftate of difturbance. In this country it was the cuftom, when any part was difturbed, and when a fair trial was not likely to be had in that put, to bring the delinquents to trial in the found part, where juries and.witnefles might be in no danger. He, there fore, thought that with the prefent martial force in Ireland the fame mode might be adopted there. Mr. SHERIDAN fpoke in reply, and the queftion being loudly called for, the Houk was proceeding to divide on the motion for adjournment, but the motion was negatived without a divifion. Leave was then given to bring in the Bill ; which was afterwards brought up by Lord Cm r Lsasaom, and read a firft time. At One o'clock the Houfe adjourned. LONDON. FRIDAY, MARCH 11 PRICE OF STOCKS THIS DAY AT ONE O'CLOCIL Confab 551.40 r ICC. 561••••• S per C. 91 iii-.. Omaium si i pCCUL On Tuefday afternoon his Mai s rry figned a Com mit:Eon for paling the Loan Bill, and fame other Bills, which received the Royal affent yefterday. Mr. ADM mcropi was honoured with an interview. Yefterday morning the North Sea fleet, under the command of Sir HYDI PAll.l2llt and Admiral Lord NILSON, failed from Yarmouth, but flood off and on for fome time, waiting, as fuppofed, for difpatches, which arrived in the courfe of the day, by a MeiTenger from the Admiralty, and were immediately forwarded to the Commander in Chief. This fleet confifts of ao Gil of the line, 4 frigates, 4 floops, and upwards of ao bomb , retie's, gun-brigs, &c. From the great number of bomb-veffels, firefhips, and gun-brigs,'by which it is accompanied, fome coat Jr wain is no doubt in agitation, and if fuch be the cafe, the reputation and tried abilities of the Commanders give the greateft reiton to hope ' that it *ill be crowned with fuccefs. NAUTICAL INTELLIGWCE. PLYMOUTH, MARCH u. The TRITON, of 32 guns, Capt. GORE, WI I ; c 1 ; arrived here yefterday, experienced a tnelancholy accident during her cruise : it appears that on 'Saturday laft the 4th inftant, whilft cruifing the Penmarks, feveral (mall veffels were difcovered at anchor in creeks along the coal}, which they had been firing at, and fent away one of tlifir boats to attempt to cut out a French (loop, hat they were prevented from executing this fervice, by the annoyance they met with from a large field-piece, which the French brought down dole to the thore : about three o'clock P. M. the Offi cer of the watch on deck went down into the cabin, to report that he had difcovered a velrel at anchor under a battery, and within gun-floc of the flip ; and in confequence the aftermoft gun on the board-fide, without the cabin, was clean.: to he difcharged at her, but in firing, it unfortunately bur% by which melancholy. accident, Lieutenant Ay.vosto, and Turmas YELL,Gunner's-Mate, were killed, and 18 others wounded (tome nightly) : past of the quarter-deck was blown up, the parti. tion of the cabin knocked to pieces, and Tome of the fragments of the gun defcended through the main deck to the gun-room, and did other confiderable damage; the explofion was fo great, that it was appro. hended the fhip had heenblown up, and fora time the greateft conflernation prevailed. Lieut. ALFORD had dined with the Captain, and was with him at the time the (ever to be lamented) intelligence was brought by the officer of the watch, as was alto- the Purfer, and feveral Midfhipmen, all of whom were knocked in different directions by the explofion, and covered with blood : Lieutenan t ALFORD flood very high in the eflimation of his brother officers ; and it is faid, that the Navy cannot boaft a better officer : his remains are to be interred on Friday next, when the officers and fhip's company are to attend, as the laft teftimony of their regard and affection for fo valuable an officer.—The privateer which came in yefterday, is the MOUCHERON, of 16 guns, and 130 men; captured Tome time ago by the REVOLOTIONSAIRE, of 44 guns, Captain TWTSDEN, and is laft from Cork—the REVOLUTIONWAIRI is alto arrived. PORTSMOUTH, MARCH Ts. This day failed the Et.sruarrof 74guns, Capt. FoLsr, to join the North Sea fquadron ; the j 2. sow of 36 guns, Captain YOUR, and la Lois:, 46 guns, Captain Nswasatt, on a cruife ; alfo, the GALATE• of 32 guns, Captain Brit°, from Ire. land. Arrived the Taut? frigate, Captain Sir EDWARD HAMILTON. Weueout of harbour this evening, the Poecurws of 24 guns, Capt. EVANS. SHEERNESS, MARCH u. Arrived here this day, his Majefty's (hip Zs*. sou s of 74 guns, Captain Louis, and at Black• flakes the Powstrus of 74 gums, Captain Sir FRANCIS Lemur, from Chatham. Arrived here alfo, la VE3UVR gun brig, Lieutenant CRISPIN, from Yarmouth. Sailed the Ifismosysm of 54 guns, Capt. Musoca, for the Downs. DEAL, MARCH is. Arrived the He LDIR frigate with a Convoy from Plymouth, which are failed for the River.--Came down the Ateion, FORT Wu.LIAK, ALTRIO, and WOODFORD, Eaftlndiamen, and remain. Wind W. YARMOUTH. MARCH is. There (till remain here three fail of the line, two frigates, and tome (mall vale's. No packets are yet arrived, but are hourly expeted. The mails of this day will be forwarded in the after noon to Cuxhaven in a cutter. FROM LLOYD'S LOT. GRAVISIND, MARCH IL—Paired by the Burney, —, from New Providence, and Mary, jscoss, from Boilon.—Sailed the Maria, Rums, and Aetive, MiDouoat.t., for Philadelphia ; View Anna, v iew Maria, Twe Cr& fullers, --, and CU:haven. MEYER, for Hans burgh ; Margarett, for Dublin ; Camper:, down, Roasarsos, for St. Vincent, ; and Hannah' Mangy, for Lilbon. • Daoll.lf-LANI.--Laft night MTS. JORDAN returned her fituation on the boar ds of this Theatre, per. forming the charaCter of Miji Prgo,in The Comely Girl, when the experienced a warm greeting from a very numerous and fathioaable audience.— , Mrs. JORDAN looked extremely well, and played with her ufual Spirit. The part of Nag& was refped• ablr fuftained byWaouowrow, vice Krro,feverely inchfpofed with the gout. ENGLISH STATS LOTTRIT.--TINTN-DAT -.— No . 35,806, drawn a Prits of Sol. 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