Star. — London, England, 1801-03-23 00:00:00

e, J R,,5. : ,.L; Fri Rr AO GEED/ NG S. kiOI. , SL OF LORDS, ARCH z 7. Trc Irifh NT.a.i.-1 fox Ole t'aul.:-r -•, ti r :!. !: :-C.O! ••.i I , ;, :. v« etc orsi.r,d 10 be ..e !:. 1 . .!1:: • .-er , r,.;.,1 a ft:.ge Six Bi!.c evert 1 rf-e;iit r,o irwn .I‘r Coramot:s. by Mr. lCtl and read a firft lar.c ca7h. Lord Wit I.siNG:!ANI laid, he had in his hand a mwfraper of that clay, which contained a very giols miti-eprefentation uC a part of the debate of that 1 - lonfe on the preceding day, and of which it purported to give a report. His Lordfhip then read the palfage, which alluded to the c. avcrfation that took place in the beginning of the evening betwee:l the Earl of Suffolk, thz Duke of Athol, And Lord Holiar.d. The Lokn CIiANICFLLOR raid, it was a high bre,ich of the privileges of that Hoafe ra publilit as acc:arit of any of its proceedings; and that this effence was very m::eis aggravated when fucli ac coma happened to he a mifreprefentation. Lord AUCKLAND expreffed hiinfelf of the fame opinion : and st ith regard to the complaint then raade, he could declare, from his own knowledge, that the pairage in the paper which purported to be a report et t...e debate in quellion was a grids mifreprefentation of what had been faid. An order was then made, that the Printer and Pablither of the paper do attend at the bar of that 2 iouie, on Monday next, to anfwer to this, as well a to another complaint, for a letter figned Chry: Au.c. Adjourned to Monday. HOUSE OF COMMONS, FRIDAY, MARCH 20. Lord HAWICESSURY and MCA:UR KY took the oaths and their feats. Mr. M. A. TAT LOR prefented a Petition in behalf of the D..btors confined in the gaol of Durham. Tkc Secretary at War (Mr. Y ollKE) Paid, that in confequence t.f many inconveniencies that had lately occurred, it was his with to h:tve fume alterations made in the Standing Orders of the Houle, as far as they :fleeted Inclofure Bills. With that view he fhould now move, 'Fbat a Committee be appointed to infpeCt the Standir.g Onlers of the Houfe relative to Inclufure Bills, in as much as they Mind the fettling or altsr.ition of the public Roads.—Ordered. A Mange from the Lords infermrd the Houle that their Lortithips had agreed to the Tax Bills--usi Letters, Paper, Tay Sec. - - - - COLD BATH FIELDS PRISON. Colonel Poarta laid, that it was not his inten tion to bring forward the Motion of which he had given notice, refpeeting the detention of Mutineers in this prifon, as the manner in which he under hood that the Secretary of State for the Home De partment had taken up the bufinefs would preclude the neceffity of his intended Motion. . Mr. T. Joins rofe to Rate the reafons to the Houle why he had fo often put off his Motion re • Speaing the violation of the Treaty of EI-Atifch : —he had deferred it three times to accomodate Minifiers when they were employed in adjufting Minifterial arrangements ; but, as he had been given to underhand (ince he came into the Houfe that it would not be inconvenkrit for the Ex-Mi rifler at 1 1 :ar, or fur the Ex-Chancellor of the Ex chequer, to attend in their places on this day fe'n. night, he would again content to deter his Motion till that day. To delay it longer no man fhottld prevail upon him on any account ; for the Motion was, in his mind, of the utmoft imy.ortance and urgency, time it might be truly laid that we were now at war on account of the infringement of that Treaty. The Hon. Gentleman was here called to order by Mr. WILLIAM DUNDAS, who declared that, it the Honourable Gentleman adverted to any thing he had told him, all he faid was, that he did not feel himfelf authority] to declare that either oldie Right Hoe. Gentlemen alluded to had mentioned to him their intention of attending on this day fe'n right. ofr. ;ONES affured the I lonfe that nothing but a fever.: &mak of liEtion could have prevented him from fittirnitting to their contlderation the propo. fitien he had to Rate on thc day he had firft ap pointed ; finer that time he had been induced, at the reqinal of thote 17.::-Minitiers, to defer it from day to day ; bat now he could not help thinking that there was turnethiag mole than met the eat in their requefl, and lint they appearell rather Illy in meeting him. [A cry I - Order, nrttr 1] Mr. W. Doxnas rep:awl his 411'ertion, that lie had no authority to hate that his Right Honoura ble Friends could attend on the day appointed for the difcuflion of the Hon. Gentleman's Motion. Mr. Jos ES next g.tve notice that he lhould move for a Repeal of the Hair-powder Tax, and of the Tax on Armorial Bearings. Theta Taxes were not collefted with the others, and Gentleman often went into the country without having been applied to for the payment of them. They fervcd no pur pole but to encourage a let of informers, fame of whom he was well informed, received from Bco to moo!. a year for their honeft indußry in that capacity. The 'SPEAR FR reminded the Hononratle Gentle- ' man, that he was not to accompany his notice with any of thrift ohlervations which would more pro perly make part of his fpcech on a future day. Mr. NICHOLLS role, to give notice that in con. fequence of an advertifement he had read this day in thc public papers, refpaling the intention of the Governor, &c. &c. of the Bank of England, to increafe the dividends of the Proprietors of Bank Stock, he Mould, on Monday next, fubmit a mo tion to the Houfe for reliraining the Bank from making any increafe in their dividends, or ficnn giving any bonus to the Proprietors, as long as faat Corporation was refrained from making pay ments in call. As a preliminary to that motion, should now move that there be laid before the 11-Ve a Copy of the Refolution to that effeet, pted by the Governor and Diretiors of the Lord I-LitwittstuitY objeecd to the :notion, be (Jai: no pievioub notice had been given of it, and .e.wfe tl.: Govcri.or of the hank woe not now in Lis pLlce, to Rate whether fuck a paper could be 1 .:-,...krtd with propriety or not. Ate. Nacnot.Ls multi not conceive that it was neceffary to glee any: notice of a motion for the prodation of a paper that was already fo generally before the public. He only moved for it as a ne ctifary document to be regularly laid before the Houle, previous to his grounding a motion upon it on Monday. liniefs that document was imme diately laid upon the table, he could not make his motion early enough to prevent the Bank from paying the money he alluded to ; and if he fhould defer the motion, he was well aware he fhould be told on bringing it on, that 11z was now too late. Lord HAWKESEVRY could not fee any reafon for fuch urgency, cfpecially as there was no mem ber belonging to the Bank Corporation prefent, to give a fatisfratory anfwer refpe a the propriety of producing the paper. Mr. MANNING al as objeeted to the motion, on the ground that too much delicacy could not be ohterved in producing, papers that concerned the (tate of the Bank, and becanfe it was proper to giv.: notice of fuch a motion, that the perfons to be applied to might have time to afccrtain whe the:• !.se produaion of it might not be attended with :nconvenience. _ . Mr. ALLARDICE and Mr. WALLACE alto objeded to the motion, as no notice had been given of it, and as there was yet diffident time for a Bill to the riled of that intended by the Hon. Gentleman, to pals through the Houle, before the Bank pro ceeded to %Ike payment of the money. Mr. WHITBREAD could fee no objedion to the produdion of a paper which was already publifh ed in all the newfpapers of the day. Betides, his Hon. Friend had a right to call for all the infor mation upon which he might think it neceffary to ground his motion. Mr. T/ERNEY could not agree that the abfence of the Governor of the Bank, or of any Member of the Bank Corporation, could form any valid objedion to the motion of his Honourable Friend, The motion went on the principle, that the Houfe lhould be jealous of the condu& of the Bank Di redors, and in the opinion of many, it would be as well that they had no feat in the Houfe. Nei ther could it be Paid that his Honourable Friend meant to take the Houle by furprife, when fo many of his Majefly's Minifters were prefent. Mr : NICHOLLS raid he faw no objedion to defer his motion for the paper till Monday, provided it was then produced, and that he was permitted to bring in his other motion on the following day. Atter fome obfervatious from Mr. W. DUNDAS and Mr. JOLLIES'S, The SPEAKER Paid it was his with that when a motion was to be made for the produdion of any paper, due notice might be given of it to thofe who might be concerned in pitparing fuch paper, or who were the belt judges of the propriety of granting it. Mr. HOSHOUSE complained of the unwarrant able delay he had experienced in the produdion of a paper for which he had moved on the firft day of the meeting of the Imperial Parliament. The paper he alluded to was one on finance, and had not as yet been produced. Mr. ROSE Paid, that orders were given at the Treafury, to prepare and produce the account, and he was lorry the Order of the Houle had not been complied with. The fault lay with the Clerks of the Treafury, and he would take care to in quire into it; but here he could not help obferv ing, that much of the time of the public offices WAS often engroffed in preparing accounts, or other papers, which might be better employed in other occupations conneded with the public fervice. Mr. Tisane , / laid, he never wifhed to give any unneceffary trouble ; but he mule at the fame time fay, that the eftimate of the receipt of the Income Tax, for the year t Soo, and fome other financial accounts, for which he had long time moved, were lhamefully deferred, and the more fo, as there could be no trouble or inconvenience in pre paring them. There was alto a shameful Inlet!) in printing the papers, which the Houle had or dered to be printed--of this he would in:tance the delay in printing the Army Eltimates, which wen diftributed to the Members only eight days after the order for printing them had been Wiled, and on the very day when they were to be taken into conlideration4—fo that no Gentleman had a mo ment's leifttre to confider the items. _ Mr. J. CORRY moved, l'hat the Public Accounts on the Table refpeeting the Ways and Ms. and Supply fur Ireland, be printed, that Gentlemen night have failicient time to perufe them &fore this thy te'n light, when it was his imeution to open the Irill. Budget.—Ordered. On the motion of Mr. CHARt.r DUNDAS, the Bill flr encouraging the Cultivation of rotatocs, was read a fecond time, and in - tiered to be Scorn milted on Monday. On the motion of Lord CASTLFREAG IT, the till for fuither cont;iming ford time to In: limited. the Salpz:nlon of the Habeas Corpus ANt in Ireland, was read a third time and paled. MARTIAL LAW IN IRCLAND. Lord CASTLEREAGH moved the Order of the Day for the third reading of the Bill; empower ing the Lord Lieutenant of Ircl And to enforce mar tial law in that part of the United Kingdom, and the queftion being put, that the Bill be now read a third time, Mr. WkIITIREAD rote to make a loft effort to modify the Bill, fine it was not in his power to prevent its palling. He thould only detain the Houfe while he propofed fuch amendments to it as thould render the Bill what the Noble Lord who framed it purported it to be. The fubftance of his intended amendments was, t. To pnirent any otlinder from having any punifhment fiitt , cl on hint by virtue of this Aft, wads he was adjudged to undergo loch punillunent by the fentencc of a Court Martial prop, rly conitituted according to the Paid 2. 'll bat no ps rim Ibould be qualified to fit on fuels Courts Martial, who had not attained the age of at years. 3. That no punifhment fhall he inflieted by the Paid Courts Martial other than would be inflifted on loch Wraiths*, if they had been tried according to the Common or Statute Law for the fame alsnces, and found guilty by a Jury. 4. That no perfan Own be tried again by • Court Martial who had alrtady been tried by the ordinary Courts for the fame offence, and acquitted by a Tenn& of Not Guilty. The queflion was put on thee four amendments, which were all negatived without a divifion. On the motion that the Bill do pats, Sir Joint PARKLL.s confelkd that there were many circumf' ,-- k! preterit Rate of Ireland' which might - it advifable to pars th, prefent Bill, it laying any information be fore the Ilcsufe in proof of its neceffity. That in forniation might h crhhips he now difpenfed with ; but when it was .--or.fi,tered thtit very few Gentle men comparativ,ly had any local knowledge of that, part of the United Kingdom, he trufted that when it fhould be propofed to renew the Bill (it fuch a proration fhould be made to the Houfe), that every pofhible information fhould be collected and laid before them, that could tend fatisfadorily to prove the neceffity of fuch a meafure. It could not be denied that the Judges were now on the cir cuits throughout Ireland, and adminiftering juffice without any interruption. It was his opinion therefore that Government fhould call upon them on their return, to give in a Report of the Rate of the country, which he conceived mull contain the belt and moil regular information that could be procured, bosh with refped to the quantum of criminality in the country, and of the probability there was of its encreafing or diminifhing. Lord HAWICESRUIY perfectly acquiefced in the opinion of the worthy Baronet, and thought that it might be proper to refer what information could be colleded to a Secret Committee, and found the necerlity of the Bill on their Report; but it was impoffibl- to do fo in the prefent occafion.from want of time, as the enquiry could not well have been concluded before the ad expired. He made no doubt, however, that his Noble Friend would on a future occafion move for fuch a Committee, and fee from their Report, whether it would be neceffary to continue the Bill beyond the 24th of June, on which day it would expire according to the prefent ad. The information given by the Irith Parliament during two feffions was furely primapeie, fufficient grounds for entertaining the queftion at prefent. Sir FRANCIS BURDFTT Could not agree with the Noble Secretary of State, that the proceedings of the Irifh Parliament alone were fufficient to juftify the Imperial Parliament in palling the Bill without any other information before them. For his part he had heard nothing but loofe affertion, unfupport ed by any one fad, fubflantiatedin a regular par liamentary manner.—Not a reafon had been ad duced to juftify its necefflty, but the old Rate plea of neceffity, which could not be proved to be fo thong in the prefent circumflances, as to be ad mitted as a juftification of violence and omeffion, which neceffarily attended the enforcing of riaartial law, that never fhould be retorted to but in cafes of actual rebellion or invafion. He could draw his conclufions from the very documents laid down by the fupporters of the Bill. According to their arguments, Ireland could not be fafe but under the protecting fhield of Great Britain, and through 'the energy of her foftering arm. For this protec tion they could not look to the Irifh Parliament. Yet what were the proceedings and ads of that Par liament of which they complain ?--Is it their ads of lenity and conciliation fo powerfully manifefted in the Convention and Gunpowder Bills; in their Bills for permitting free quarters, and enforcing_ martial law ? Of there Bills, and many others of a fi milar nature, the Irifh Parliament Rood felf convided. Yet, on the very grounds on which the Noble Lord tarpons the prefent meafure, did he put an end to the Irith Parliament, that teemed Co little abhorrent from the fpirit of this Bill. The Irith Parliament was, however, more excufable in pairing it than the Imperial Parliament is now; for we cannot be fuppofed to be inftigated by the fame paffions or by the fame local prejudices by which their opinions mull nece ff arily have been warped. Befides, it' the Noble Lord would a: tend to the lall Speech of the Marquis Cornwallis to the Irilh Parliament, he would find that, in congratulating them on the happy effects of the Union, that illullrious Nobleman aliened that IN•nev1:1 sward the Country could not be divided by ladion nor overturned by _firer. Is not this after lion in dire.% contradidon to all the arguments urged by the Noble Lord in favour of the Bill He could then fairly fay that he had Teuton and teflimony on his fide, in condemning it ; and with inch fupport he mutt continue to raife his voice in defence of the oppreded, ill-treated, and gallant People of Ireland. Bat, it is fad inch is the humanity and lenity the Nobleman's cliaradcr who now prefides over Ireland, that nothing fliould be feared from entruffing filch power to loch hands. But, in the firll place, that Noble Marquis is on the eve of recalled ; and in the fecond place, he never would confetti to clothe any mortal man, however fair his charader, with a power fn tremendous. And here he would remind the Houfe of what had appeared at a Court Martial held at Dublin, and over which a Noble Lord prefided :—a yeoman of the name if Wollaghan was tried and acquitted by that Court, for Mooting a perfon whom he Jiff paged of being a rebel : he did not deny the fad, but he pleaded a licence that had been given by an order of Government to fhoot any man who wasfip*aed of rebellion ! On this fad it was not neceliaty to make any comment. Sir WTI. ELFORD thought the information laid before the Houfe by the Members for Ireland fa ficiently full and fatisfaftory to juffify the neccflity of the Bill. Mr. MARTIN laid, I perceive by the fpeecla of the Honourable Baronet, that to convey our mean ing by a blunder, is not the peculiar privilege of thole oho refide on the other fide of St. George's Channel.—The Honourable Baronet, with a per fcCtly Eng accent, has juft uttered the moll pal pable blunder I ever heard.—The Gentleman told us that he would adduce inflanees of perfons tor tured and wantonly pre I , , f rL by courts martial fitting during the adminiltration of tl,e Noble Marquis. Now what is the inftance l that a man of the name of Wollaghan was tried and acquit:ed. The Honourable Baronet faysWollaglian produced as his juilification an order iffued uy Lord Corn wallis, to put all perfons furpeacd to be rebels to death. With all refpeCt to the Honourable Mem ber, but at the fame time with all firmnefs, allow 'me to direly contradift the fait—Oat of four mil lions of inhabitants that daily blefs the administra tion of the Noble Marquis, no one ever charge.i fu k b an order to h,;ve itf.ted either by Lord Corn walls or his authority. Wollaghan at tried by the immediate ordrs of the Noble Marquis—for what ? For (hooting in a barbarous manner an unfortunate youth who had returned to his aged mother's home, with a proteaion in the nature of a pardon, which Lord Cornwallis ordered to be granted to the deluded wretches engaged in the rebellion. I am forry to own, that I have heard the Noble Marquis charged with too general an extenlion of mercy, but it never occurred to the waking thoughts of any but the Honourable Mem ber, to accuse that Nobleman of cruelty.—Even calumny, until now, rejeeed fo groundlefs a charge. Were lenity now charged as an error, as it often was, and that not much to the credit of die affem bly where that charge was made, I fliould be prepared to juftify not only the humanity but the policy of the meafure I allude to. Mr. Speaker, I vote that this Bill fhould pats; but 1. do not vote it fhould pats on thole grounds on which many Honourable Members have fupported it. I do not vote for the third reading of the Bill, bccaufe there exilts any rebellion in Ireland.—l defend my country from the imputation of tech a charge—l fay the crime of rebellion hardly exifts Firft, there is no rebellion, as I contend, and if there even were a rebellion, that alone, without cowomit.att eircumfiawes of neceffity, would not jollity this Bill. The crime of treafon can be as certainly, and more beneficially for the Rate, punifhed by the verdiel of a Jury indifferently chofen, under the direeion of a Court commanded to be ofCounfel with the prifoner. Do thole Gentlemen think they have done enough in vindication of this Bill, when they tell you that the Mail has been robbed ? Why, Mails have been robbed in England, yet who ever heard of a Court Martial affembled at the Horfe Guards to try fuch felony ? How many rebellions have we had in England from the Conqueß to the prefent time, but there cannot be a tingle instance adduced of perfons tried by Martial Law in the very fight and hearing of the Courts of common and ordinary jurifdietion.—So, Sir, the mere exiftence of treason or traitors, is not in itfelf fufficient to justify this meafure.—Were I to admit that a rebellion now exifts in Ireland, I Mould feel mytelf compelled to acknowledge, that the Union of the two countries had not produced the effect fo many of us predi&ed, of tranquillizing the country—l should alto feel that I held out one of the Itrongeft motives that could be offered to the enemy to make a defcent and landing upon our coaft.— I have now Rated, Mr. Speaker, thofe reafons on which I could not venture as others have done, to fupport this Bill. I will now, with the indulgence of the Houfe, lay before you thofe reafons on which I vindicate my fupport of the prefent Motion.—l vote for this Bill not toeftablifh Martial Law, but to prevent the painful neceflity of appealing to fuch a meafure.—Do Gentlemen fur pofe, that when this Bill pafres, Martial law will become of neceffity eftablifhed, even during the three months it is enacted for ? No—it only ena bles the Lord Lieutenant to retort to the provi fions of this law, but does not oblige him fo to do; on the contrary, a heavy refponGbility will attac upon thole who ad under this law, if the cianser ous fituation of the Country Thall not require tar. and fuppofe this Bill not paired, there are circum fiances that would clearly justify the Govern ment of Ireland, if they were to try Rebels by Court-martial.—This Bill then only anticipates that indemnity which Parliament would strum?. ly grant. This fiatute when palled will be in the nature of a vote of credit, to be reforted to or not as occafions may require. There is one reafon above all others which induces me to fup port the prefent measure, and that is, tendernefs towards the accord. You know, Sir, that in cafe ff of any commotion, juries w il l be aembled from the vicinage—thofe jurors will probably be fuf. ferers, and fuch jurors may at with that precipita tion which occurred too often during die rebellion. LI the jurors that arc to try the accufed be not thus compoled, to us to d.jiroy the innocent, it may, as it has, occurred, that Inch jurors will con:poled of perfons fearing the murder of themfelres and their families, in cafe they coarie thole againli whom the dune ft guilt fhall he ettablithed.—Ana nymJus letters have been polled up, declai ing that all itirors who conviaed Ihould be put to death, and in Moll inflances the Rebels performed their tanguinary contract. A trial where accufation may Rand for proof, is but a flute for the lives of die innocent.—A trial, where thofe who judge the fia, are influenced by terror to pronounce thole innocent whom they feel in their confcicnce to be guilty, is a tribunal to which the public fafety ought not to be confided. When reduced to chute between fuch evils, I do not hefitate to fly, that martial law, though in itfelf an evil, may become a remedy for !till greater, under fuch circum Rance:, to protect the innocent and do juftice at the fame time to the count) y, by the instalment of crimes. I cannot difappri.ve of trials by courts martial, when thole courts ale ad vifed and direaed by lawyers of high charadter in their profeMon, and none others were ever em ployed under the government of the Marquis Corn wallis. Betides this, Sir, the proceedings of fuclt courts were never delegated to the revition of any commanding officer, however dillinguiffied ; they were referred lithely fur the final dceifion of the Noble Marq..is himfeif; and it is well known the trembktg anxiety with which he performed this awful dtity.-1 call upon Gentlemen srl.a °ppm:: the Bill, and who have been fludioub its retorting to alma calurnny,to produce a tingle inflance during • his Government, where it was even imputed toliim I that any man was pun flied by fentence of a Court . martial, where his guilt was not eilabliffied by ea prmf. An Hon. Member (Mr. Nicholls), has endeavoured to render what I have Paid ridicu lous, but he can rnly do. fo when he Rates his own comprehenfion hulead of my ex preflion. Mr. WHITILF 41) contended, that no blame whatever !Ltd been in.oted to the Marquis Corn wallis by Lis Hon. friend (Sir F. Burdett), nor by any one of thofe who t.n his fide of the Houk hail spoken againft the Bill. The very faa aditu ci:J by the Hon. Baronet redounded to the praiffi of the Noble 4 kto-quis. for in confequence of the i yeoman haring' beet, acquitted in contradiEtion to • the se:la:cc tea: proved him a murderer, an