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

r}~ anl in ad Le on fame time lie thought it proper to ftate, that it was his inteation to move the intro:Lodi:ate/WWI for Pi:pending the Habeas Corpusgt during the fame period. • . . Sir Laden:es Paisous pryftffedhimfelf a nni form and fyftentatic enemy to Martial Law. The meafare appeared, to him altogether nugatory, to speak of it us themildcft terns; in direct oppoti tion to what badly:Men from the Noble Lord, he : ,„„a ta ke the liberty of hating, that'the Courts of jultice had beraftheld without let or molellation. lattices and Counfcilors attended the Affixes throughout the whole of the different circuits, from one corner of Ireland to the other- He could not ag ree with the do trine laid down by the Noble tool, that Juries could not be found to exert& their municipal doty. On the contrary, he called upon him to flue a jingle inflance, in which the liw 'of the land had been obftrueted. On what lxcafiorriti what county did fuch a cafe occur? lie was preparcd with his anfkver—in. not one. if any error, if any fault, if any caufe of repre tenfion could be imputed to juries, it was that t hey were too prompt. So plain, and of fo cary proof was 'the tenet he nOw advanced, that he could tare upon him to affert, that Many of the Prifoners on State Charges, or rather for taking an aaive part in the rebellion, had petitioned to to tried by Martial Law, inflead of the Trial by Jury. In oppofing the motion, he did not mean to contend, that Ireland fhould be governed by a better, but certainly not by a worfe, tribunal than any one country in Europe. He never could give his anent to the revival or continuance of Courts Martial, as not being competent, from local and various 'other circumftances, to afcertain either the guilt or innocence of the party. The Miniflers of a country 'ought not to hope to carry every thing by main force. But they fhould recollect, that there was aneffential difference between be ing feared and being refpeeted. He was no advo cate for coMpromife and half meafurcs. On the ccntrary, he wilted jufUce to be prompt, fevere, and inflexible. This appeared to him the molt efficacious mode.of refloring to Ireland the bleft inns of fafety and tranquility. He withed for no thing but juftice. Let that juftice be evenly award ed ; let it be inflexibly rigid, only let it be juftice, candidly adminiftered, and not trampled in the dull under the hoofs of a Court-martial. He did not approve of confufion and anomalies in the Conftitution. The Irneafures now propofed apo peared io him like the recipe of a Qoack, who pro. fifes to cure every thing, and in the event does moiling. • lie paid lonic very handfome and ele gant compliments to Mr. Pitt, on the (core of his great talents as a lawyer, or profeffor, which, had he not been called to higher views, he was calcu lated to embellith and adorn ; and concluded with raying that he did not implore the Legiflature, that Ireland !hook, be better governed than any other Nation of Europe, bra merely that it Mould not be worfe. totaled to fee the Irifh Peciple, at leap, upon a par with the cotriricts in Botany Bay. Mr. Dterris B owala contended, thatlad it not been for Martial Law, Ireland would have been completely fhParated firjan England. A confpi .ractwas formed to ellieroy the Conftitittion by moms of the "Conftitution Jurymen who did their duty were murdered, and could not be proteited. The 'loyal and welldifporeil people of the country aftually fubfcribed to fupport Rebels in prifon ; and - vihen ailed - their reafon, they re plied, the State was unableto.protect them, and therefore they muft endeavonrtoproteet thearfelves. He trufted the lioure would not hefitate, if they meant to prevent the reparation of the.two ceatn• tries, to agree to the continuance of Martial Law. Sir Ganaos Hits., after adverting to the con duft of the Hon. Baronet .in Ireland, in rnoving for Parliamentary Reform, and,Catholic Emanci pation, during the Rebellion—laid, he agreed with the Noble Lordin.his statements relative to the fituation ofireland, but did not will to go at length into a narrative of eiretunflances• which' unfortu natelydifgraced that country.' He thought it necef . Lary, however, to *ate briefly what had happened within his owngerfooal.knowledge :—So long ago as the year 1797, a Umber of delinquents for va rious fpecks of offences, many of them for mid night outrages, werc tp be tried in three counties in the North Of frcland but to fuch a degree were the minds of jurors andiritneffes intimidated, that then the Crown Lawyers came prepared to profe cute thefe - delinquents,Who weremore immediately the object of their notice, acornpromife was obliged to be made, and chore o nly charged with (mailer offences were Prefeented;whilft ;bore charged with • midnight outrigesfor which the punifhment was death —were left untried, in carifequence of this fhameful cempfoinire, irifing from the intimidation `of Jurors and witneffes. Bethought the fasite'd 'fenfe which — adutted the Parliament of Ireland, would alfo influence the United Houfe of.CoMmons .on the .prevent occaflon. • Mr. GUST -raid, that after the, excellent ttan fwered,. and unanfwerable fpeech• of the *Honour able Baronet (Sir Laurence Parfons) it was neceffiiry for him to troubk.the Houfe. -idle fhould vote for. the adjolimment, for the rea, .funs Rated by his Honourable Friend (Mr. Sheri dan), and beatufe neither. the Noble Lord (Lord .Calflereagh). nor the Gentlemen had ofbewn any reafon for impofing fuch a mcafure upon the peo ple of Ireland. Amongli many topics to which - the-Noble Lord had alluded, there was one valid principle taken up, and. fapported by the Noble .Lord, which, g be was perfealy ready to admit. The NOble Lord hod (aid,, that if the Houfc of Commons was not to ' as upon its own impulfe, its own underflanding, and its own information, it was in vain to roppote the country in the plate ' Len of Freedom. - The Noble Lord (poke' an ac knowledged truth in this affertion, and he'hoPed the Honfe Would, in this inftance, a& upon* that principle; and before they agreed to the zneafure now propofed, craft from the Noble Lord , fume proof of its neceffity. Crimes had been C ape. rimed of the greatelt magnitude and most dan gerous eonfequence,_ and / et according to the • confelfion of the. Noble Lord, no fuch meafure as the prefengiod been retorted to. Such meagre% . according Co the Noble Lord. were referred foe tiXba who , gliric of Jacobean; oiped para. . . . •. • - mount and triumphant. thourlit chaTss of him. The Lord Lieutc n7.nt expreffed the ftrongeit Jacobinifm were nearly 'exthiguithea, but peihaps I ditapprobation of the veediCt, and aaually difiv the Noble Lord was himfelf fomcwhat interested ed that Court Martial for having 'iven a dccilion in charges of this naturo—there were Jacobins in contrary to the cleareit evidence. Xv'as it to be flip. power as well as out of power. If thole who were • pored:that abufes such as this would not frequent out of power deceived the People by promifes of ly take place, where a power was dandled, limit- Reform—when in power they retorted to mea- ed by no rule, but completely at the mercy of dif tures the molt coercive and tyrannical. Out of cretion ? Were the lives of men to be made the power they were licentious, and in power tyrants; fport of fuch a tribunal, and the viaim of filch a and we had teen a military defpotilm fubftituted power ? He conceived the meafure to be wholly by the Child and Champion of Jacobinifm in the anomalous in that Houfe : the Executive Power place of all Law and all Order. In the place of was competent to march troops againit Rebels in Law, the Noble Lord wished to fufpend all Law. arms—to fupprefs Rebellion, and deftroy the trai- It had been afferted by the Honourable Baronet tors ; but that Houle ought not to pals an ad in. (Sir Laurence Parfons) that Courts of Juftice poling Martial Law upon Ireland without the purihed their ufual courfe in trying criminal of- fullett deliberation, and better evidence of it than fences and civil actions, and that Juries were very they had before them. far from being remits in their duties. This opt- Sir GEO. Hite, in explanation, faid, he meant rated in dire& contradiclion to the ftatement of to apply the term midnight outrages to the prac the Noble Lord. It was laid a Rebellion had ex- tice of breaking into houfes in the night and tak ifted in Ireland, and 'a confpiracy to overturn the ing away arms. Government, and deftroy the Conftitution of that Mr. Pirr faid, he felt himfelf perked vat liberty country. But did it follow becaufe a Rebellion to difcufs the merits of the original queftion. had exitted in Ireland four years ago, that now, There was only this difference, that the Honour when the country was reftored to peace and tran- able Gentleman ( Mr. Sheridan) had thought pro quility, nteafures were to be carried into eaten- per to bring on that difcuflion by another motion, tion calculated to deftroy. the happinefs of the Rating thole reasons in behalf of that motion which Country, becaufe they would annihilate its liberty. might have been as well fluted upon the original The Noble Lord had contended it war only a queftion. There was one obli:rvation, however, of temporary meafure, but he was afraid, upon the the Honourable Gentleman (Mr. Grey) which he principles brought forward by the Noble Lord, wished firft particularly to notice, as it teemed in the meafure might be rendered not merely tempo- tended to glance particularly at his Noble Friend. nary, bur permanent. It had been laid by the The Honourable Gentleman had laid there were Honourable Gentleman (Sir George Hill) that Jacobins in power as well as Jacobins out of perfons could not be brought to trial becatife ju- power, without explaining the exprellion; it (tented, rors and• witneffes were intimidated by the Rebels however, to charge hislloble Friend (Lord Cat —but that Honourable. Gentleman had not dereagh) with having been the frizad of Parlia.d proved thole perfons to have been arraigned of mentary Reform. Surely the Honourable Gen any crimes of rebellion and treafon, only of tleman did not mean to fay, that Parliamentary midnight outrages. They might, for any thing Reform and Jacobinifm were identified together-- ftated by the Hon. Gentleman, be houfe.break- perhaps the Hon. Gentleman would fay that in nb. crs. Was it Intended that horife-breakers would situation could that be the cafe. That Hon. Gen be made fubjett to Martial Law? Or was it meant demon had continued the friend of Parliamentary to be afferted, that they could not be punifhed but Reform when it had really become an engine and by a Court Martial ? Strong grounds, he conteri- a pretence in the hands of Jacobins—when it was dcd, ought to be (hewn to the Route, before they difclaimed by the greater pan of the kingdom it contented to a meafure fo arbitrary and defpotic was grill reconciled to the mind cf that I ion. den as that Moved for by the NOble Lord. They had demon; and he would not put an uncandid con been told by the Noble Lord that 207 perfons had ftruelion upon that Hon. Gentleman's motive. been tried in the courfe of the laft year by Courts Still, however, he mull contend, there was a very Martial for ads of treafon and reWfon:---he could material difference betweenthofewho advocated the not admit that affertion as any proof of the ne- caufe of Parliamentary Reform prior to the French ceffity of this meafure. He vilified to know why Revolution, and thofe who supported it after that thole perfons were fent to Courts Martial, to be event had taken place. Proceeding to the queftion tried by military officers in an arbitrary manner; more immediately before the Houle, he would I and why they were not tried by the courts of law, not have the prefumption to advert to the flute which, according to the Honourable Baronet (Sir ments brought forward by his Noble Friend with L. Parfons) exifted in full vigour, and might have filch admirable perfpicuity and ability ; he could been retorted to with the ntmoft fafetv and pro- only congratulate the Houle that fo much talent priety ? The meafure was falfely named a fuhfli- exifted in one tidier in or out of power, who was tution of one Law for another in certain cafes, for fo determined an enemy to Jacobin power.— it was a fufpenfion of all Law ; a meafure which His Noble Friend had made out a cafe of unexam. confided the lives of the people to a military power, pled neceflity, and at the fame time had brought acing not according to legal rule or eltablifh- forward a mealitre of unexampled lenity. It was ed cuftom, but according to its own impulfe and to meet a rebellion unexampled in the annals of difcretion. But if the Noble Lord failed in his proof, the country, which pervaded toddy, and fpreacl was there no proof on the other fide; the Journals of through the State in a new and dang,eyous manner, tea trill% Parliament were unfortunately not prefent which was the more terrible becaufe lefs open ; to be referred to, hut in chi, Rpointh of the Noble and the more to be feared becaufe its force and Lord in the laft ieffion ofthe Parliament of Ireland power were the leaft difplaycd in the field. There every fymptom of, and tendency to Rebellion in was only the alternative of imputing Martial Law that country appeared to have vanquiflied. If his upon Ireland for a limited time, or of placing that Ma' Pty's fpeech, at the opening of the prefent country in a much worfe and snore lamentable Seffion was referred to—or if the fpeeches of the fituation. He had faid, the mealure propofed mover and feconder of the Addrefs were recollea- was a mature of unexampled lenity, and a mo ed, the tranquillity of Ireland would be found in ment's consideration mutt convince Geptlemen cf all a prominent feature, and marked in thong the truth of his affertion. It was asked, what was terms, and difplayed in pointed expreffions. Al. the call, or where tallied the neceffity of Martial ter alithisthe Noble Lord comes forward to prove Law in Ireland ? He antivered , the public fafety the exiftence of Rebellion in Ireland, and calls for rendered it highly neceffary that Martial Law throng and coercive meafure to fupprefi it.; but lhould ftillbecontinued in Ireland. But if the He.ufe that no legitimate proof had been adduced was would not agree to the meaftire, they would then p..rfealy clear. The Noble Lord had afferted that reduce the Crown to the necefiity of proclaiming Ireland was never placed, by Rebellion, in a fimi- Martial Law in Ireland; mid what mull be the con lar fituation—but unfortunately he was not borne fequence ? Martial Law fo proclaimed, exercifed, out in the aflertion. lithe Hiftory of Ireland for and enforced, under the authority alone of die Exe the two tall centuries was looked to, that country cutive Power, would (Wilma all other law. The would frequently be found to have exifted in a Courts Martial would then entirely fuperfede the fimilar Rate, and no fuch meafure as that pro- Courts of Law, and withhold their benefit from pofed by the Noble Lord was ever thought of all the peaceful part of the Kingdom. Would the or attempted to be carried into execution. He Houfe decide that Martial Law Mould not be en thought, therefore, the Houfe should certainly forced in Ireland for the purpofe of fuppreffing agree to the Motion of Adjournment moved by the rebellion of the few, without taking away the his Honourable Friend, until further and bettor privileges of perhaps nine-tenths of the peaceful information was laid before them by the No- citizens of that country ? No civil rights would be ble Lord, relative to the Rate of .Ireland, and difcutfed, no trial by Jury could be liad if Martial the atlual rieceffity which exifled for the enaftment Law was thus to be introduced, fince it mull of 'of any fuch meafure. What inconvenience could necefiity be introauced unqualified, and without poilibly rash from the motion of his Hon. Friend? limitation. This being the cafe, he had not faid —would it put an end to the adminiftration of jut- too much in contending it was a meafure of smex tice in Ireland'?—no fuch thing. It had already ampled lenity. Was it not better the guilty alone been afferted without contradiason, that the Courts should fuller, than that both innocent and guilty of Juftice in that country were siting with their should be involved in one common punifliment ? accnflomed powers. All that could refidt from Would it not be advifable—would it not be cape delay was, that perfons charged with sifts of re- client—that the horrors of Martial Law should be bellion, mull be brought for trial before the Courts 'confined to thufe who were the occafion of its ex of Law inßead of a • Court Martial. There was ertion, and its exercife, than that the peaceful and no evidence to jellify putting all the people of Ire- loyal inhabitant should unmeritedly fuffcr addition land out of the prote&ion of the law, and giving al hardfhips to tbofe which the hand of rebellion a power which there was every probability to and difaffe&ion had already infliaed upon him. It fuppofe midi, from the natnre of things, be was a meatiwe of policy and mercy, rather than abufed. Some Minlftcr ought to appear refpon- cruelty and feverity. °Nations had keen made fible for die execution of that power. He would to the arbitrary power and capricious condo& of readily and willingly in in every panegyric Courts Martia l ; but did Gentlemen imagine that pronounced upon the t alents, the charades.. and they carried on their proceedings without tOrms , or the humanity of the Marquis Cornwallis; b ut without oaths? Did they imagine that the Judges how loon might that Nobleman quit) the Govern- were not (worn to try impartially—that the wet mem of Ireland ? nay, if rumour was to be believ- neffes were not (worn to give true evidence ? The ed. the Marquis only waited the appointment of a blonohrable Baronet Ind appealed to his (Mr. Suceoffor. For that Succefor, who was to anfwer t Pitt's) former profealonal knowledge of law, and an arbitrary power was to be !uplifted to the hands asked jibe would prefer Courts Martial to Courts of the Lord Lieutenant of Ireland, and he of law ? To this he mull =fiver, that from the would, never content to giie power which might Ihort period of his study, his profelional know be geed, and for the curdle of which no rcfpon- ledge of the laws of his country was little more fildlity - bppeared. The Noble Lord had endea- than th at perhaps of any Member in the Houfe ; but voured tojuitify. Courts Martial, by &fretting, that be had no heGtation in flying that thongh as a they never abated. the power cottoned to them in principle, Courts of Law mull ucceffarfly Ireland; but .was it a fad that they n ever did generalpi‘ 1.. d to Courts Martial, yet there were abufe that power ? On the contrary, an inflame ,cafes in which the latter were to be preferred, or might, be produced, freth in the rrecolktßion of why was the Mutiny Bill annually -Wed, under every one ' where a soldier pnrfued a fugitive and which cafes occurred that could only be properly murdered him in the arms of his mother, to which tried by Courts Martial ? Surely, in the pre be had fled for refuge ; the soldier was brought ,fent cafe, when it had been proved that jurors Won a Coon Ilarus4 who vied =I acquitted I could not wane *air fimeticias—that witnefa could not give their o ;Acme, intimidated by the Ce,tr,of murdsT—when the public procefs of the Law could not be carried into execution—it be came It:COLLO' to the puh!ic lafety to fubftitute fome other procefs, by means of which Mike (hould be executed, and crimes punifbed. Courts Martial were then to he preferred, becaufe they , formed the only means of executing juftice, of protefling the innocent, and punifhing the tinily:. The Honourable Gentleman (Mr. Grey) had en deavoured to impeach the integrity of Courts Martial; but, after all, had been only able to 2d . ducc one folitary inftance cf abufe of the powers entrufled to them, which was immediately cor refted, as far as it was poflible to corral it, by the Lord-Lieutenant ; and all their proceedings being upon oath, and their judgments fubjea to the revilion of the Lord-Lieutenant, it was fcarcely poflible that any material deviation from the rules of juflice could take place in their dccifions. Was it better to do this than to Ray till rebellion reared its head in the field, and the•conteft could only be decided by the chilli of arms? Was it bet ter that a tile of grenadiers thould'purfue the Tan quailed fugitive, than that this lafl and melancholy appeal lhould he prevented by precautionary mea lures, adopted anar cool inveffigation and due de liberation ? Would any man fay that the crime of rebellion depended upon 5, or so, or sOOO men, arrayed in arms? If a confpiracy was formed to deftroy the Conitiention—if in profecution of that,' three or five men thould attempt to deftroy the peace of the kingdom—lhould endeavour to carry into en'ect their uwn machinations—whether it might be by deftrudion in darknefs or in noon day, whether by the dagger of the affaffin, or by—he would not fay a glorious—but by a bold and open Rebellion—it then became thelqueftion,whether an attempt fhould be made to beat down the reared ftandard of Rebellion and difaffeEtion by meafures ftrong and coercive, but calculated at once for pu niffiment and protedion; or whethei by too lenient mealUres Rebellion fhould attain an unconquer able ftrength, or by meafures generally fevere, the whole mars fhould become inflamed and fpurred on to Revolution ? Was there nb alternative but that of leaving the country helplcfs and difarmeel, un able to refift a rebellion, operating more by acret force than open attack ; or that of a harfh and unqualified Martial Law, involving all in one com mon feverity, punithing alike the innocent and the guilty, and dealing out the fame meafure to the loyalift and the jacobin ? The medium was before the Houfe—that meafure which would combine a fufficicnt portion of mildnefs to temper feverity, and of feverity to give fufficient energy to mildnefs —that was the meafure propofed; and yet Gentle men though: it ought to be rejected as too fevere r ' and gave as a reafon, that the Executive Power is anthorifed to carry into effea—what—a meafure ten times more fevere, of which they afic the Houfe to prevent the nece tlity, by enacting one more mild. Surely there could be no doubt of the lenity and propriety of the meafure. He wifhed to fay a few words alfo of the Noble Governor of Ireland, to whom fume allution had been made. It was wholly unneeerfary to fay any thing in praife of his patriotifm and excellent virtues, they were fuf ficiently known and fuffieicntly admired. That Nobleman's opinion, he thought, might be fairly voted as good evidence to prove the neceffity of tie prefent meafure. If he, whofe hnmanity and whofe lenity no man could doubt, had thought it neceffary to iffae warrants for the holding of Courts Martial within the laft month, under which perfons had aftually been tried and convitled of r:bellious crimes, it was an (pinion exprefed on the (fate of Irelat d, and the rebellion in that coun try, which no man could doubt, and which de fervcd every weight to be attached to it that the exalted charafter of that Nobleman deferred. If an Officer fo placed, and afting . in the molt merito rious manner, had given an opinion fo ftrongly ex preffed, that a rebellion Rill exifted in Ireland, what further proof could be wanted to fanaion the pre fer meafure ? It was evidence fufficiently thong and fufficiently convincing—free from any motive but that of the public good. It had been Paid, that the Courts of Law had been opened ; yes, the wifdom of the Laws, and the adminiftratiun of Juftice were reftored to the country ; ycs, the Courts were again open, becaufe military exertion had rendered it poflible to open them; had it not been for the exertions of the military, a large clefs of Ws Majefly's peaceful •and loyal lubjeas mutt I hive been deprived of the benefit of advocating 1 their civil rights, and the powers of Courts Mar , tial mull hive been extended beyond all bounds, to every kind and fpecics of off:nce, under the :n • ability of the civil power. The meafure was only alked for a fhort time that it might be leen whe ther the rebellion in that time could be completely fubdued, and Courts Martial rendered no longer necetrary.i Evidence fufficient had been produced ; it was indifputably proved to be necelfary to the public fafcty of lieland, and he therefore trufted the Houfe would content to the meafure. Mr. WHIr RR E AD obferved, that the Right Hon. Gentleman who (poke laft, began a molt eloquent fpeech in the fame manner in which he had during the comfe of the previa war, began and conclud cd many other fpeeches, namely, with an attack againit Jacobinitin. But in his opinion, the con. dud of that Right Honourable Gentleman, as Minifter of this country, had been continually fa vourable to Jacobinical principles; and all his no tions continually tended to enereate Jacobinical prat:lice,. To that conduit it was owing, that the Jacobinical principles of France were now in full power in that country. It was laid, that Par liamentary Reform had been made the pretext for propagating jacobinifm in Ireland; if that was the fad, he would ail, what mutt the Rate of the Parliamentary Reprefentition of that country have been? Tin. fair inference to be drawn, an.l the fimple Rawer to this queftion was—that great abufea citified in Ireland, or otherwife Parliamen tary Reform could not be an engine in the hands. of Jacobins for the purpofe of overturning the Government. The only queffiou then before the Houfe wa.—whether a Bill for the renewal of Martial Law in Ireland fhould be delayed for a fhort time longer or not ? The Noble Lord who propofed this wafer% Mad the ophgea of the