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

was ttnquellionably very complicated, Ind of courie difficult to be underftoock He confequently deAred ihat the different Bills fitould be dillinttly confidered, and not agreed to in a mark. In the pretent ftate of taxation, the people of Ireland were deprived of the means of afcertaining, to their latish:lion, the nature or each parties:tar tax. The belt way of affording to them a pro per and adequate knowledge of the fubject would be in his mind to revile the bills fcparatcly.— There were feveral inflanccs in which they were liable to pay twice, both here and in Ireland, tt duty for the fame article, and among them he would allude to the Stamp Duties, by which in their prefent Rate deeds were rendered ineffeelive, unlefs Ramped in both countries. There were feveral other cafes equally Rriking, and many points that required explanation, with which he would not then trouble the Houfe. Onc, however, he *mild take the liberty of noticing, and that re lated to the article of fail cloth, which, according' to the articles of the Union, was to havebeen im ported from Ireland into this country duty free ; yet there exited an Alt of Parliament here which made it necetrary td have the maker's name On it, and of courfe defeated the object of that regula tion. It was altogether unjuft to convert tnto perpetual duties thofe which had been clearly in tended by the Irifh Parliament as meafures of an. nual revenue : and he trifled Gentlemen would fee the proceeding in its real view. If the people of Ireland were to be perfuaded that their interefts would be better cultivated than before, it was ne ceffary to ( hew them, though at a dhance and ignorant of the proceedings of Parliament, that every pofflble attention was paid to their jut claims, and more particularly RI money matters, in which every man was to a certain degree con cerned. In the obfervations which he had thrown out, he had no motive to influence his conduct but a fineere defire to promote the general welfare of the Empire ; and he could fincercly declare, that it was not his with to throw the flighteft °Made in the way of Government. Mr. Firs- raid, that it was with peculiar at tention and pleafure he had liftened to the obfer vations of the Right Hon. Gentleman on a cubic& in which he poffeded fo much knowledge and ex perience. He could allure the Right Honourable Gentleman, that he would himfelf as far as be might have the power and opportunity, and in whatever part of the Houle he might be, pro mote the execution of the engagements entered into in confequence of the Union, as candidly and religioufly as he poillbly could. However, he believed, if the Right Hon. Gentleman underftood him rightly, there would not appear to exile any material difference of opinion between them. His fentirnents were certainly mifconccived, if it were thought that he meant to snake the taxes per petual. He would clearly Rate that the Ads of the Mill Parliament on thole hate, could not be refcinded. No man was precluded from con fidering each At fpecifically; but he merely wilhed by his prefent motion to fecure the duties which were indifpenfibly neceffary to meet the exigencies of the public fervice. The objed was evidently of a very preffing nature, for the Bills would ceafe to operate on the 25th of this month. Every pro vifion limited by the Ad of Union was not to be come perpetual; but it could not be denied that the public creditor, who had lent his money on the affurance of thefe bills, had a right to be fecured, , and the Houfe was therefore bound to continue them. It uas equally incontellibk that the Houle would not content to repeal any of the coniblidated duties without fubftituting others in their room. He alto felt it neceffary to remark, that the Right Honourable Baronet would not have had it in his power to conclude fuch favourable loans for Ire land he had '.one in this country, unlefs the Con tractors perfectly underftood, and were indeed completely latisfied that the duties were to be perpetual. Upon that ground he would not re commend it to the Houle to ad otherwife. With refpeEt to the modifications of the AEI of Union, which had been noticed, he could only .1) Verve that they were referred to the Committee; and the °Nations (fated in feveral inilances, particularly the cafe of the importation of fail-cloth duty free, would he was convinced be removed. He fhould - - never refill the fuggellions of Gentlemen on what ever fide they might be placed, and he was happy to hear that night the fentiments of a Gentleman, • whbfe knowledge and experience in the affairs of Ireland could not be too carefully attended to. He fruited the Houfe would on all occations (hew, s hither the number of the Irifh Members were great or fmall, that their attention to the affairs of that country was not in the 'call degree affeeted by any circumilance of that kind; and he could Rot belp•rernatking, dun in either cafe there was always enough of that capacity to afford infor metifm, of which the Right Honourable Baronet tusel,given fo excellent.* fisecimen. S".- Joni Pflasem. explained. He !hid that the complication in which tee different d aties were involved required the molt minute invefti gation, and that each ought to be contidered in a diftina view, in order to enable Gentlemen to form a corset opinion of it. He contended, that it had never been the intention of the Irifh Parlia ment to make any of thole taxes perpetual, and in making the remark, he declared that be only (poke what be ferioufly, meant, without entertain. -ins any idea of captious oppofition. For his own Apart he was, he trufted, free from all blame in ,)ceinging forward his fuggcition, as the Officers of the Crown had a year and a half to prepare the arrangement which he thought Cu deftrable and in deed neceffitry. Mr. SMKRIDAN raid that he had heard with plea lure the information communicated to the Houle by the refpeEtable Baronet. He agreed with him in the arguments which he had (hued, for it was undoubtedly contrary to the general principle of the Union, to convert into a perpetual tax, that svhich was defired by the !rah Parliament to be but annual. the motive which produced the meafure was a fainter? with to have a conflitution. al check upon the Crown, and he could not help txpreffing a deism that a limiter pratice prevailed iu England. But here it was unfortunately diffe ter.f, tit ;Lc Laid and Duties were gm only i 4 ll . annual Old mi..ers of the Crown the depofitaries or the pub& creditor. • Mr. PITT hoped for the indulgence otthe while he felt himfeif called upnn tcrfay * fess; words, in confequenee bf the itatethents advanoesi by the Hon. Gentleman who (poke before hint. When the Hon. Gentleman talked of the want (VI a conilitutional check in this Country, he fee Med so forget that the conflitutional check was fuffi. ciuntly eftablifhed by the Mutiny Bill. With ye lped to the duration of the Bills in queftion, he• knew not by what accident they were made an. .nual in Ireland. The Hon. Gentleman had made a very fingular diftinaion between this Country and Ireland, as the Crown was always obliged to apply to Parliament for the rums adequate to the public fervice, and in particular for the expettees incurred by the Army and Navy Eftablilhments. An honeft Adminiftration, which conlidered in a int' and honourable point of view the intereft of the public creditor, would not fuller any tax to be removed that Was effential to the fecnrity he bad an undoubted right to demand. Mr. StIBILIDAN replied, that he would anfwer the arguMents of the Right Hon. Gentleman if they were worth anfwering. The Right Hon. Gentlermin had uniformly profefTed himfelf inimi cal to innovation, yet he did not temple to attempt the introdation of it into Ireland, for he endea voured to render thole taxes perpetual which the Parliament of that Country had declared to be annual. Mr. PITT faid that no fuch intention was mani felled in the Motion which he had lubmitted to the Committee. Mr. SHERIDAN obferved that he had not com mented upon the Motion of the Right Hon. Gentle man, but had merely replied to his arguments. The Motion WAS then agreed to ; and the Houfe having refumed, the report was ordered to be brought up to-morrow. MARTIAL LAW IN IRFLAND. Lord CASTLEREAG H moved that the Ad of the 39th of the King in Ireland, for fuppreffing Re bellion, and more effednally fecuring the Perfons and property of his Majeßy's loyal Subjeds in that Country, with the Aft of the 46th, for continuing the fame, be read. Mr. SH ER IDA N.—" Sir, I rife to obj et to the motion of the Noble Lord for reading t le two ads 'which he has mentioned, and I claim the indul gence of the Houfe while I give my reafons for moving the queffion of adjournment. As it is my with, and I hope it is the defire of the Houfe, to acquire information on this important fubje.t, al. though I have to regret that my former efforts proved unfuccefsful, I conceive that the meafure ought to be preceded by fome authentic commu nication. The Houfe ought, in my mind, to be in poffeffion of tome communication from the Throne, or of fome other convincing documents, to thew the necellity of adopting a proceeding for which there does not appear any ground whatever. I further think that fome refponfibility fhould be attached to the man who has prppofed it. I fee no caufe at prefent which can jullify the Houfe in having recourfe to fo thong a meafure. I can difcover no propriety In moving the ccrntinoance of the two Irifh Ads which have been mentioned, by a Gentleman, no doubt, of great refpalability, but of whom the Houfe can take no cognizance, as he holds no official, no refponfible fituation in this country. As no poffible inconvenience can arife from delay, it is neceffary the Houfe fhould leek for thole communications, which, from the Commit on read to-day, every man mutt feel with the molt cordial fatisfadion and the livelieft emo tions of joy we are enabled to exped. By his , Majefly's happy' recovery, the difficulties which exified, and were before urged to our obtaining the information I think effentially neceffary, are now fortunately removed. With refped to the manner in which the motion is brought forward, I mull fay, that as a Member of this Houfe I know no thing of the Noble Lord ; and however refpedable he may be, I contend that he ii no refponlible Mi. flitter. It is not eafy, Sir, at any time and under any circumflance to reconcile a man's feelings to fuch a dangerous }meafure as that which is now fubmitted to the Houfe; but as the furrender pro- pofed goes-to fuperfede the whole Conkitution of Ireland, I alk, can any man content to inveft the Government of Ireland with fuch unlimited poivers and unbounded-authority without fome previous enquiry ? What has been the condo& ofthe Irith Parliament ittelf in the fame cafe, and let us fee how its rule of proceeding applies to the concef lion which we are this day called upon to make ? Ws: fhall find that there ads were not introduced in to the Parliamcilt of Ireland without a previous enquiry, and a regular communication from the Lord Lieutenant of Ireland. We cannot target that in cafes of infurredion and rebellion the Pre- Irogative of the Crown i s co mp etent to t h e eserc if e of Martial Law ; but we mutt at the fame time re member that the refponfibility rens with Miniflers. The cafe is different in the prefentinflance, and we are called upon to charge ourfelveswitli the refpon fibility. The Noble Lord propofes by the meafure which he offers to the Houfe to transfer without grounds, without inveffigation,without documents, to transfer inconfiderately and at once the Judica ture from the Courts of Law to the Military Tribu nals; yet allow me to fay, that it was perhaps for the interelt of one unfortunate clafs of the inha bitants of that difiraded country to be fubjed ra ther to the jurifdiclion of Military Officers than to that of the Courts of Law. They were perhaps lets liable to the operations of prejudice, and to the fpirit of relentlefs perfecution. If there be Rill a neceffity for the continuance of Martial Law in Ireland, and if that calamitous truth can he made out, the Crown pot:fell - es the power of exer citing it. But if it be at all necefftry to emit!' this Bill, in pmportion as I give confidence to Mini tiers. which I confefs myfelf av erf e to grant , I f ay in the faine proportion I have a right, and it is the duty of the Houle to demand and infill upon re. fponfibility. I cannot have it from the Noble Lord, and it is furely incumbent upon Gentle men to have before them fuch evidence as is con. fifient with the magnitude of the occafion ; fuch as the jutlice of the cafe requires; fuch as is due to this own feelings and iliguity, Won they cuts fent to precipitate 'mature. It is at lean ne cetrary OD inltitute lome inqn'..ry by a :idea Coin br, by any other Meant which May. ap rar ••tdviteable. Why Awed *e give Implicit confidence to the narrative of any man his indeed ftrange, that notwithlleadiog all the pro ailed advantages of the Union-Lall the boatted tranquillity it was to prodnce—all the . happinefs it was eftimated to infure, it fhould at this mo ment be fo far from healing the wounds of - that wretched country, fo far from producing a cont• plete reconciliation with Great Britain, that the fpirit of infurreftion and rebellion is admitted Bill to cal Let me elk, is it not inflamed to fuch a degree as to make the tneafure propofed by the Noble Lord neeettaryl Will the Noble Lord pre. tend to fay that the rebellion CLUJ wails in Ireland, or that it did exift ih fag when the Bill for its fup prefflon was renewed hi the Itilh Parliament Pi Will he undertake to alert that if it did *dually exift, the Lord Lieutenant of Ireland had not fuf ficient powers to put it do*n? I cannot perceive the poffibilky of any inconvenience front our de. laying this fbrrender of the Conflitution mail the Houle (hall inveffigate the motives which may in duce us to a compliance. But it is argued that the Bill will expire on the :sth of March ; and what is this grievance to which we are pelted to admini fter this extraordinary remedy? -In point of fad, I contend, Sir, that the Bill had expired in Ireland' before it was revived by the abth of his Majefty ; and yet we art not told that Government fuffered any difadvantage by the paufe and interval of time which then took place. If any mifchief were likely to arife, Government was criminal in allowing the interrniffion of Martial Law; but no rnifehief was apprehended—no dangers threateuedthe ii iftence of the State • and with what propriety can the Noble Lord call ' upon the Houle to interfere at this moment, when the grounds of alarm, and the dread of infurreftion, are in every retpea weaker? Does the Noble L ord think that the Union will produce dillurbances in Ireland, in order to jollity his tmconftitutional appeal to the Houfe to take up on themfelves all the refponfibility which is infepa. rable from fuch a momentous proceeding? I havb -no difficulty in laying that the Houfe would more effeaually manifeft their folicitude for the peace and welfare of Ireland by relating the 'mature.— If any diarations and difturbances thould erne, the only injury retaking to the Government would he that of fending the culprits to a Jury ; and I fincerely hope that the Honk will not, without proofs of extreme neceffity, content now to trarif fer them from that conflitutional tribunal to the jurifdiaion of military courts. If any rebellion thould break out, is it not in the power of his Ma lefty to fubjeft the infurgents by his Royal Pro clamation to the operation of Military Law fuch a cafe we lhould alto know where the re , faionfibility relied for the exercife of that power. On the whcile of the fubjea, I feel myfelf called up on to fay that / am decidedly inimical to thc mo tion of the Noble Lord, which is at once fo very flrong and fo very groundlefs, without the fulleft previous inveftigation ; and I maintain that it fhould at all events cotne from oftenfible and re- Cponfible Minifters. There ate certainly no cir cumllances before the Houfe which can induce it to entertain fo indecorous. fo unconftitutional, and fo violent a proceeding, which may lead to events dangerous to the exiaence of the Conflitution, and eflablifh a precedent of the moll dangerous ten tency in this country." Lord CASTLEREWn raid, that he was not to be deterred or prevented, on this occaflon, tram (hew ing the neceffity of the meafure which be had to propofe, or from bridging forward, at the fame time, proofs of his competeniy to make fuch a motion. h was painful, no doubt, to come for ward in that Houle, and to a& of Members to re enaa a law of the fame complexion with that now before them. Every man who had a feeling or reverence for our Conflitution, mnft trench upon it with extreme reluaance ; and he was not now to be told that Martial Law was at variance with the very effence of our Conflitution; but it was always to be remembered, that it was the Jacobin principle which was as yet very far from being ex tinguiiked, that had compelled the ruling Powers in tome parts of the Empire, to incorporate the Martial Law with the Municipal Code. He was one of the laft of thole who would lofe fight of the Britifh Contlitution. In the prefent cafe, the only difficulty which'he felt, was from the number of thole prefent who were unacquainted with local circumftances ; though there were in the recol leCtion of all, and many military men now prefent could (peak as ocular evidences on this occatior. This was not, he mull obferve, the firft time that England had been compelled to depart from her Contlitution, and to adopt ettrancous meafures in the remoter parts of the empire. He alluded to Scotland, when the thong meafure of difarming the Highlanders took place very fhortly after the Union, and that meafure was concluded and en forced by a Whig Adminiftration. Ireland was now in a limiter fituation, and it was for the Im perial Parliament to demonftrate its wifdom by difplaying its energies. They could not preferve liberty but by fuppreffing rebellion. He denied that any communication from the Crown, or any enquiry of Parliament, was neccffiry to fanflicn this proceeding. No communication was given in Ireland, and the laft Parliamentary Enquiry was held in Auguft, 1798, where the Bill in queflion was paffed in March, 1799. Thefe were prelimi naries which of courfe hemuft contend were not of abfolute neceffity. Any man who argued the contrary, mull endeavour to affimilate the Englith with the new French Conflitution, by which the originating principle is veiled in the Firft Conful. The Parliament was to aft from its own under (landing, and from the notoriety of the leas.— Thus the Habeas Corpus had been furpended in this country, and the furpenfion continued without one previous enquiry in Parliament. He did not with to chain down the proceedings of the Houle in the firft infianee, but he had no objeaion to an enquiry, when it could be condufted without injury. It was his with, t hereforeJto continue the prefent Bill only for three m2nths, in which time there would be ample room for an enquiry. It might be allied why he had not moved an enquiry in the fret in- "lance, tut he nn, fey ts., et lit aft e.l d low 4, of - o o dpij o 7ti n dbe c i l ebi s icel o rda f vof i :i m r: eyhy p .ii e rcne r imperative t bhdwee v e yec nt.oettitnuoi Noble iefl reverie : 07 t itrt y yi nfpo t dr ; cw t nt d tl r ri nafn. ot that $ ai t cnala i r e uni coi 11 : c o a n C g ro u n ds enquiry. into a recapitulation of the leading features ea.! events of the late rebellion; the confequentes of which, he contended, rendered it utterly irnprac. .ticable to meet the ex:genciee of the times, by the Common and Municipal Law of the Realm. The Houfe would do him the juffice to believe, that :his feelings and national partialities were confide. ribly outraged by the expofore which his pnblic duty rendere I it incumbent upon him to make of the actual fituation of Ireland. Sorry was he t-.• !late, that even now, fuch a fpirit of difaifeCtior arid difloyalty prevailed in many parts of the fiftei kingdom, that the offices could not be held with. out the interpofitioa of a military guard. Tne late rebellion in Ireland was dittinguilled from al/ former rebellions by a very great peculiari t y o f feature. In ail former rebellions the fortune of the war determined the conteft ; but this was not the cafe in the prefent inftance. Routed in the field, the difailbeed Rill continued unfubito gated. The baneful principles of Jacobinilin had given a deeper dye of venom and atrocity to the movements of difloyalty. Not only the common feelings of raters ambition, and the tumultuous phrenzy of anarchy, were called into play, but the minds of men were whetted, foured, and exafpe rated by abftrufe and metaphylical difcuflioas. All the united barriers of focial cuter were fubverted ; chimerical doctrines were propagated, and put into a (late of pradtical operation. Againft fuch an ae ,gravation of moral and civil evil, it was efientially neceffary to provide additional means of defence. That the kingdom of Ireland was Rill far removed 'from a (late of tranquillity and fubjeCtion to the laws was unhappily but too apparent. Within the WI three months, not lefs than fixty-three perfars had fuffered death, by the fentence of Courts-Mar tial, under the immediate warrant of the Lord Lieutenant, for ads of rebellion. This circum ftance was certainly highly diftreffing to contem plate ; but it proved, at the fame time, molt ineon tellibly, the nec.effity of providing an adequate re medy for the peril and jeopardy of the times. To inflict punifinnent was the moll difagreeable of all the duties incumbent upon Government ; yet, how ever difagreeabk, it was of the firft confequence that the welfare of many (hould be fecured by the puniffiment of the rotten and corrupt part of th.: community. But this object could not be obtain. ed without the interpofition of a ftrong meafure.— The Judges were not able to travel the circuits with fecurity, neither were Juries fate in exercififlZ their municipal functions, nor witneffes in detail ing evidence, without the intervention of military protection. Under fuch circuinflances, a luminary mode of proceeding became indifpenfably medal-) . It was alledged, that Martial Law interfered with the Conllitution of the empire, and the rights of the rubjed ; it ought to be confidered, that the fame meafure no% propored for the fafety of the country, and the protection of the loyal part of the community, was reforted to, and put in confiant pradice by the fupporters and partizans of Rebel lion. The Rebels had Courts Martial of their own, which decided on the lives and property of thofe who continued firm and !launch in their allegiance. He was ready to admit, that the open manifeila tioni of Rebellionvrere, freaking on the broad kale, principally confined to three counties, viz. An. trim, Limerick, and Wicklow. The latter county in particular,from local circumftances, being very 'mountainous and inacceffible, was pre-eminent ly calculated to ad as the nurfe of difaffeetion and rebellion. When he made this affertion, he was well aware, that many Gentlemen might found thereon a principal objedion to the introduction of General Law, on the ground, that the prevalency of the evil being happily local, a local meafure would be fuffictent, and that, therefore, the con tinuance of Martial Law might be reftrided to the three counties he had above named. • But he beg ged the Houfe to confider, that legiflative meafurts had, and ought to have, a twofold object, in the firft place to prevent evil ; in the fecond, to correB it. With this view, therefore, he wifhed the properfr tion to be general; and, though he was ready to allow, that the Houf e mi g h t juftly nerd with a fufpicious eye any_ departure from the eltablifhed principles of the Conftitutioa, Rill, it ought to be confidered, that the meafure he now propofed was fubjed to a very wholefome jurifdietion and re ftraint. it was not fufficient that a Court Martial pronounced fentence with integrity, and that fcru pulous regard to truth, which the achniniftration of an oath could not fail to enforce ; it was requi fite, in order to give efficacy to their proceedings, that their verdict fbould be confirmed and fandion ecl by the Lord Lieutenant. The virtues, the quali fications, the exemplary conduit of that exalted perfonage, formed a theme, which he felt- the highelt perform' gratification in expatiating upon ; but they were too generally known, and too uni verfally acknowledged, to (land in need of panegy ric. All he contended for was, that the eh:trader of Lord Cornwallis mull be a fufficient guarantee to the Houfe, that no abufe would be committed or allowed under the fandion of the Bill he meant to move for. He molt earriefily intreated the Houfe, in appreciating the merits of the cafe, to difcard and banilli from their mind, and !till more from their remarks, all allufioa to party quellioa. He hoped a certain queftion, more immediately in terwoven with the national feelings of the Sifter Kingdom, would not be prefer/land dragged into the dircullfion. He wifhed to fee the evil, - againft which the Hoare was now called upon to provide, met boldly and with decifion. The fituation of Ireland was truly critical. The dd./fleeted were taught to look for favour from France. Vain as was that hope, and little, or rather nothing, the fuccour they had to expect from France, Rill it operated to encourage perfons dirafteded to Go vernment to perfevere in their machination'. It was not his defign to render the meafure per:no nem in the pnefent inftance. He only vriflted it to be renewed for three months, which would afford Win and opportunity for minute enquiry. At the