Star. — London, England, 1822-07-09 00:00:00

the object of the mot he hid jest mentioned. He thought we were bound to respect the privileges of l the Catholics. If they objected to the Bible in Eng lish being introduced for the instruction of Catholic youth, Co constraint ought to be put on them in this particular. In every respect attention ought to be paid to the wishes and habits of thinking of the Irish. He was anxious that justice should be done to a brave and generous nation, who would not fail to repay their benefactors with loyalty and -gratitude. After some further remarks, he concluded by moving the fol lowing Amendment: " That it be an instruction to the Committee to investigate the causes of the present disturbed state of Ireland, with a vie* to adopt such measures as were cakulated to restore and pre serve tranquillity in Ireland. and render unnecessary those mea sures of extraordinary severity which were alike incompatible With the spirit and the practice of the British Constitution." Mr. L. CONCANNON opposed the motion. Colonel DAVIES was of opinion that an inquiry Into the state of Ireland ought to be instituted ; but as he could not oppose the motion, he hoped he might be allowed to explain the considerations which regu lated his vote on this occasion. He was far from ap proving the system on which the present Government bad acted; yet he thought this no reason why the peaceably disposed people of Ireland should be left exposed to the assassin's midnight dagger. When the Government demanded such powers as they had called for at the commencement of the Session, they held out a promise that all inquiry should be set on foot. He now desired to ask why that inquiry had not taken place? In fading to institute one they had been remiss. He then noticed the redundant popula tion tound in Ireland, • and the demoralization conse quent thereon, and suggested as a means of correct• ing it, the reformation of the election system. Ali. S. RICE saw no grounds for hoping that the present disturbances could be successfully met with. out the aid of the Insurrection Act. The question had been introduced in the most favourable manner by the plain, intelligible, and candid statement of the Riglit lion. Gentleman. Against that he had no thing to say ; but in aye:fling to the measure now be fore the House, he had a duty to per form which he felt . to be more painful than that which had devolved upon him when the subject was last before the House; for then, though he would not say that a pledge had been given by the Noble Marquis that inquiry should take place, yet he miglst assert that the impression created both in that House and out of doors, was that an inquiry would take plac e with a view of get. ting at the root of the evil. boon had been given to Ireland in the course of the present Session by the repeal of the Window Tax, but he called on the Right lion. Gentleman to name any other permanent bene fit that had been conferred on Ireland. The benevo-; fence of the House had voted a sum to relieve pre sent distress, but this was only temporary good, and would it be contended that the present Bill could be viewed as a remedy to the evil it was intended to meet? He thought no Gentleman in that House would venture to assert that such was its character. The Police Bill, modified as it now was, he thought would be beneficial; but a mere measure of police, and an inefficient measure with respect to tithes, were not what Ireland had to expect from the new Govern ment—were not enough to tranquillize the country. When the measure was brought forward before, they passed it in the hope that remedial measures were in, contemplation, but the jejune and meagre grounds on which it was now proposed that it should pass were such, that he was afraid similar grounds might be urged for its passing at almost any time. He found the dispatches of 1816, on which similar steps were taken, to be very different from those which were now laid before rbe House. He, for one, ob. jetted to anonymous information being received. For his own parr, as a Magistrate, he had always been anxious to take upon himself any responsibility that might attach to the information he forwarded, or the recommendations which he thought it his duty to offer. He objected to that part of the present Bill which went to deprive Ireland of trial by jury. GOD forbid that he should deny the Government tho;e powers which were necessary to meet an extraordi nary emergency by interposing a constitutional prin ciple, but he maintained that in this instance no case had been made out to prove that the step proposed to be taken was necessary. The Juries had not failed in their duty. At Limerick they had had the expe rience of two Special Commissions, and he appealed to the Right Hon. Gentleman opposite, the Attorney- General for Ireland, if the Juries there, under cir cumstances of alarm, which might have operated not merely on weak - minds, but on men of constancy and courage, had not discharged their duty with the most undaunted resolution? He was happy to receive the Right Hon. Gentleman's assent, and under such cir cumstances he would ask by what right could they deprive Ireland of the advantages of trial by Jury? The evils now complained of in Ireland were net pe culiar to the present times. They grew out of the system which had been acted upon for the last forty, fifty, or sixty years. They would find that the out rages committed were not new, but that they were similar to those which bad occurred from 1640 to 1650. He repeated, that little or nothing had been done in the present Session for the permanent im provement of Ireland. One motion brought forward on the state of Ireland had been objected to on the ground that it was premature, and that the House ought to wait till they saw what Ministers proposed to do. They had on that account not pressed the mo tion to a division—they had waited to see what Mi nisters would do, and they now saw that they had done nothing. The motion on the subject of tithes had been met with the previous question. He could tell Ministers, that if they expected fifty Insurrection Acts would remedy the evils complained of they de ceived themselves. He begged to call the attention of the. House to what Lord Bacon had said on the subject of Ireland. There were four points which he had described as necessary to be attended to, in order to restore Ireland to obedience, and he called on the House to observe what these four points were. The first was, to extinguish the relics of the late war." The second, " to attempt the recovery of the hearts of the people." He would ask if that had been done by any of the Administrations that had ruled Ireland since the Union ? He had much respect and regard for many who had formed part of those Administra tions, but he must say that scarcely a single measure had been adopted which seemed to have for its object the recovery of the hearts of the people. The thill point to be attended to, Lord Bacon said, was" to re move the root of past, ;maths occasion of new-troubles." , . . U011%14141 ask if any of the remetfiai, or nominally remedial, measures which had been resorted to were calculated to root out the cause of the troubles which had occurred ? The fourth point, which went to the encouraging of plantations and buildings, was less applicable to existing circumstances, but it was ana logous to encourage the manufactures, and give a new impulse to the industry of Ireland, and in this view it was not inapplicable to the present time. He then went over the means suggested by Lord Bacon for recovering the hearts of the people. These were the granting of religious liberty, including toleration, justice, protection, acrd the equal administration of the law, and obligation and reward. Were any of these given by the Insurrection Act? According to these ideas, they would be justified in calling for measures in favour of Ireland very different from any that had yet been conceded. He did not mean to say that justice was unfairly or partially adminis tered, but the expense attendant on legal proceedings . in Ireland amounted in many cases to a denial of justice; and the want of a legal remedy caused many of those acts of violence which occurred. As an il lustration of this part of his argument, the Hon. Gen tleman referred to 2 case which came within his own knowledge. An individual died, leaving 151. or 201. to certain persons: the executor got possession of the property, and the legatees, to whom he refused to deliver it up, proceeded against him in the Assistant Barrister's Court. When the cause came on to be heard, the Assistant Banister stated, that he had no jurisdiction with respect to legacies, and the plaintiff's were nonsuited. They then got an engagement from the executor to pay the demand, and on this engage ment they again sued him in the Assistant Barrister's Court; but the same objection was taken, and suc cessfully taken. What did they then do? They pro- Ceeded criminally against the party, and turned into a breach of the peace that which was, in fact, a civil question. It was a common thing, as the Hon. Mem ber for Mayo (Mr. Brown) had formerly stated, when any dispute arose about the tenure of lands, to break the peace, and lay an information, for the purpose of deciding, in the shape of a criminal question, that which the law did not enable them to set at rest in any ether way. The Legislature had done away with wager of battle in this country; but the Stamp Act, sanctioned and upheld by the Gentlemen oppo site, had indirectly encouraged it in Ireland (A laugh). Whatever had been done for the lower orders of that country was rendered of no avail by the counteract. ing influence of the Chancellor of the Exchequer. How did the case stand . ? What encouragement did the people generally receive? If they built a house, it must be with taxed timber; if they enjoyed the light and air of Heaven, it must be through taxed windows; if they wished to warm themselves it must be at a taxed fire; and if they were desirous of drinking anything stronger than water, it was also taxed.— Now what effect had this system of severe taxation ? He would prove that in proportion as taxes were in creased, crime also increased—and vice versa. If they looked to the number of convictions in criminal cases, as compared with the rise and fall of duties on malt and spirits, they would find this proportion established : Duty. Criminal Convictitms. Malt. Spirits. In 1815 there were • 771 14s. 0d....55. 6d. 1616 907........- ..17s. 4d....65. Od. 1811 532. 1616 ....... ......... ...499... 9s. 4d....55. 6d. 1819 • 531 l4e. 0d..;.55. 6d. 1820 723 34s. 0d....55. 6d. From this it appeared, that whenever there was a decrease in the duty on malt and spirits, there was also a decrease in crime. The Honourable Gentleman then proceeded to animadvert on the prevalence of illicit distillation in Ireland—and demanded how could Country Gentlemen enforce the law against those who were guilty of that offence, when they were themselves but too often in the habit of using spirits thus illegally manufactured? Illicit distillation never would be put down until the Country Gentlemen set their faces strenuously against it.—After some further observations, theHon.Gentleman concluded by stating that he would vote for the amendment. Mr. Secretary PEEL could not but regard the course taken by the Hon. Gentleman who had just spoken as singularly applicable to an Irish question, as he had set out with supporting the motion, and finished by declaring it to be his resolution to vote for the amendment. He, however, must bear his tes timony to the temperate manner in which the Hon. Gentleman had discussed the subject, and if, in the course of his speech he had pressed rather hard on those who were now or who had been connected with Ireland, he could bear it in consideration of the feel ing which that Hon. Gentleman always evinced where Ireland was concerned. He had a few comments to offer on.those who had preceded the Hon. Gentleman, though as two of the four Members who had spoken from the opposite side were in favour of the Bill, of course his remarks would occupy but a shoot time. le confessed that be was of opinion the gallant Mem ber (Sir R.Wilson) had brought forward no argument that could at all counteract the impression which must have been made on the House by the statement of his Right Hon. Friend. It had only been upon the most overwhelming necessity that the renewal of the Act was called for. His Right Hon. Friend had challenged the production of one instance in which the powers entrusted in the hands of the G.vernment had been exercised with severity. He had proved that the Noble Lord at the head of the Irish Govern ment had only resorted to such measures with the utmost necessity; and it was impossible to withhold from him the highest praise for the manner in which he had exercised the prerogative of mercy towards individuals who, by their crimes, had incurred the penalties of the law. Under all these circumstances he must express his surprise that the gallant Member for Southwark should permit himself to declare that the suspension of the Habeas Corpus Act had been required of Parliament, at the beginning of the Ses sion, from the lust for power. It was impossible for any man to look at the result of that application to Parliament and say that it was dictated by the love of power—(Cheers). Was it fair, either, for that Hon. Member to withhold the power now asked for be cause be saw abuses of power twenty-five years ago? Was it wise to revive topics connected with that pe riod and its events ? Would it not be wise, on the contrary, for the House to draw 'the veil of oblivion over them for ever ? It was said that these powers should not be granted, because there had been no in quiry into thecauses of the melancholy transactions which called for them. Now he should be glad to • blow what MI Mira inianiry He would ask the Elemutl*Sfienibier whourged this, to take the three first objects of complaint—Catholic Emancipa tion, Tythes, and Education; and he would then ask him if there bad been no inquiry made into the state of those great questions? It was impossible to throw them together for the purpose of examination. Each of them was enough for the utmost attention of one Committee, or for the House, at one time. As an example in proof of this, there was the Committee upon Illicit Distillation, to which he himself had given the most unweared.attention for two Sessions; and he should like to know whether the Honourable Member for Limerick would have considered it pro bable, that the operations of that Committee would have been expedited by mixing up with its inquiries the subjects of Education and Tithes? He said this to shew, that these questions had not escaped the at tention of Government, because they had not been brought under consideration in the mass ; and to,re mind Honourable Members that they were not so light and unimportant in their separate characters, as to be so easily disposed of, and to be immediately remedied. With regard to the interference of Go vernment, to render assistance to the distressed, it *as extremely difficult to determine where a Go vernment ought to step in with gratuitous relief, under such circumstances—(Hear, hear).--.Cer tainly not at the first appearance of complaint. Government who pursued such a course would nM be deserving the name of a Government. The pub-, lic money was not entrusted to their hands for such a purpose, and nothing but the most urgent state of public distress could warrant its application to the relief of partial distress. If the Government had, upon the present unhappy occasion, proceeded at once to give indiscriminate gratuitous relief, would they not, in all probability, have prevented that spon taneous display of charity and benevolence which they were now witnessing? Upon the question of tithes, notwithstanding the claims Which the state of the country had made upon the time of the Lord Lieu tenant, every pledge which had been given upon the subject by his Noble Friend near him, at the begin ning of the Session, had been fully redeemed. fhe gallant Member opposite had quoted the opinion of one whom he considered to be among the ablest ad vocates of tithes in the sister country. Now he had paid the greatest attention to this, and he confessed he could make nothing at all of it. He would read to the House an extract, and let them judge of the rest from it. The Right Hon. Gentleman then read a passage, in which the writer said that tithes united " the chants and canticles of all ages, with the fruits and flowers of all seasons"—(Laughter). This was the authority which the gallant Member had quoted. Sir ROBERT WILSON intimated that the writer was Monsieur Chateaubriand. Mr. Secretary PEEL then proceeded to remark. upon the Trial by Jury, and stated his doubts of the practicability of partial introductions of the system of this country. He could never consent that the renewal of the Insurrection Act should be considered as an increase of the power of the Government, or ' as a measure of coercion to the people of eland.— It was not intended to coerce the people of Ireland, but to protect those who wished to observe the laws. It was not so much a protection for theslated house as for the thatched cottage. _He relied upon the dis 'passidisite judgment Thilicitise for the renewal of the Bill, but he would ask those who opposed it how they could, with the documents before them, leave the country to the dangers which the next winter might bring with it, unless this protection were afforded? It was a measure of protection to the in nocent and unoffending, and of mercy to those who, without it, might be led to deeper crimes, which ne cessarily brought with them the certainty of deeper punishment—(Hear, hear). Sir ROBERT WILSON explained. Mr. J. SMITH was of opinion, that all the reme dies applied to the state of Ireland had been coercion -and punishment. Sir J. NEWPORT would yield a very reluctant assent to the renewal of the Act; but thought the duration of it should be limited to a period in the next Session, when it was certain there would be a fall attendance ; as, for instance, the beginning of May. The House might be assured that Insurrec tion Acts would never reach the root of the evil. It would be a libel on the people of Ireland to say that they were incapable of appreciating the benefits of government. In every country but his own, the i ri , -liman was a good member of society, and had risen to eminence and honour. That,could only arise from the system of Government. The Noble Mar quis (Londonderry) was above all others bound to seek a remedy for the calamities of Ireland, as it was by his efforts that the two Legislatures were consoli dated into one. He (Sir J. Newport) assented to the less of two evils. He did not look on the measure as one of moral improvement, but as a highly penal statute. Mr. PLUNKETT concurred with the last speaker in most of his remarks. This was a measure that nothing but necessity could justify. It had not been for a moment meant that the measure should be per manent. ,Whenever the necessity ceased, he and his friends would, if possible, outstrip the zeal of the Right Hon. Baronet, in putting a period to the mea sure. No country had made greater advances in the course of the last 50 years than Ireland. Did that shew any indifference or indisposition on the part of Government ? The Right Hon. Gentleman observed, he was convinced that even Catholic Emancipation would have had no effect in quelling the disturbances in Ireland. Nothing but strong measures would have that effect. If the Member for Midhurst (Mr. John Smith) knew the state of Ireland now, he was certain even that Honourable Member would not oppose the measure. The state of that unfortunate country was that of absolute slavery to the miscreants who car ried on these burnings, housebreakings, murders, and I plunder. By the operations of the Insurrection Act, this system of terror had been put down and restrained. Mr. GRATTAN wished the Bill, if renewed, to be limited, as suggested by the Right Hon. Member for Waterford, to the Ist of May next. The Gallery was then cleared for a division : For the Committee - - - 135 For the Amendment - - - - 17 Majority - - - ' - 1l a Oa the re-admission of strangers to the gallery, the House was in a Committee oa the RM. Mr. GO(JLBURN jiropmed Mc up the blank with the words first of August." site JOHN NEWPORT suggested that the first of May aught to be substituted for the Arita August. Mr. HOOLOWIN assured the Committee, that he would - thy t silty notice of Me intettlife to emir unfortuntely, the restrain should be necessary. No et: fort would be Wanting ea his pert to iatriddce the iubjett when there timid be a full attindance of Members: Mr J. NEWPORT could n* adinit that any duty which Irish Members bad to discharge should interfere with their ditty In that House. Mr. J. P: GRANT eirpressed a hope that Hon, Friend would not girt up his intention to aortas the duratien of the Act. Mr. BROUGHAM alio reeemtneisded his Elgin Hen. Friend to take the sense of tita Committee upon his proposed amend. went. He could mot depend upon the assurance of the Hon. Gentleman, wild might be dui o f *a ce next year: He' should distrust the statement of any Minister. The Marquis of LONDONDERRY said, le Should object to shorten the duration of the Bill. If it was limited to the 14 of May, the House would. he compelled to discuss it about Easter, and his Majesty's Government Would not haul the op; portunity of waiting to the longest period to see if tranquillity might not supersede the necessity of the Bill. The Committee then divided on the question— - Fur filling up the blank with the Ist of Angst* 94 Fur the Ist of May - $7 . Major ity .; - —57 The House then resumed, and the ripen was ofdered N bi received to-min-rove. Mr. GOULBUR?f proposed the wend reading of the trial Tithe Leasing Bill, with an understanding that the discusied should come on in the Committee. The Bill was opposed by Mr. DA LY and Sit J. Nrwroars The Horse then divided, when there appeared— Fur the Motion 14 Against it - .; -- Majority - - -42 The Bill was then read a second time, aad ordered to . lie moimitted on Friday. The Irish Constables Bill was recommitted; mad the Hesse being in a Committee on the Bill, Mr. C. GRANT said, that although Many of Ms objectless had been removed by the modification of the Bill, he was sot yet reconciled to the principle of the Bill. He particularly ob jected to the power of appointing the Chief Constable being vested in the Lord Lieutenant. Mr. GOULBURN expressed hk willingness to alter the Bill so as to meet the views of his Right Hos. Friend. Some verbal Amendments were then agreed to; the Heusi resumed, and the Report was ordered to be received on Friday: Adjourned at Half-put Two. - • PROROGATION OF THE CORT•.S: MADRID, JULY is SPEECH OF HIS MAJESTY IN CLOSING THE SESSION OF THE CORTES, JUNE 30. a Simms Dirt:nu—ln performing the solemn act of closing the Cortes in the present legislature, I cannot omit to declare how grateful to me have been their endeavours to establish a becoming economy in the various branches of the public administration, and to supply to my Government the resources indispensable td the necessities of - the State. The advantages which must result from the administrative system of the finances in virtue of the recent division of the Spanish territory, the greater vigour in the collection of the re venue which must follow from the decrees that have been passed; and the simplicity and uniformity with which the system of cal culation and reason is to be established, to satisfy the people„' with the legitimate employment of their sacrifices, afford me the hope that a striking improvement is taking place in a branch an important to the prosperity of the nation, as necessary to give to my government proper vigour and energy. " The consolidation of the credit of a State depends upon the combination of so many causes, that it is nut possible to deter.: mine beforehand the degrees of its rise or decay but the Cortes have passed important resolutions, which cannot fail to inspire into natives, as well as foreigners, security and confidence; pre serving untouched at all hazards that character of probity and good faith which has been always a distinguishing feature of the nation; and intrusting to the individual interests of the creditorO of the State themselves, vigilance over the funds destined to the -pay and sitinction of the National Debt. " The Cortes have decreed the reform of the standing army; and acceded to my proposal for authorizing the Government to pawky, beyond the bounds of their respective Provinces, a eel.. Lain number of regiments of the national militia. Looking at this measure in all its relations, both political and economical/ and desiring to alleviate as much at possible the charges of the public service, circumstances will successively determine thO exercise of this authority, as necessity may dictate, or pru dence advise. " With not less temperance and economy my Government shall exercise the other powers with which the Cones have thought proper to widen for a time the sphere of its action ; thug presenting a memorab.e example, on the one hand, of the great confidence of the Deputies of the Nation in the Government, and en the other, of a corresponding feeling in the government to make a prudent and mild use of the authority with which is is intrusted. ".If such is my purpose respecting the powers which admit of a certain undefined latitude in their own nature, and in favour of circumstances, it would be supe , fluous to declare to the Cortese the steady and circumspect conduct with which my Government will proceed in the exercise of its natural faculties, to avoid in any case a departure from the line of demarkation drawn by the laws. " But, resolved at the same time to sustain their empire and to' prevent their violation, under any motive or pretest whatsoever,- I shall exercise the full measure of my constitutional authority to guarantee public tranquillity, and to secure to all Spaniards' the peaceful enjoyment of their rights. " It is to me supremely distressing, that the fire of insurrec tion has been kindled in the province! which composed Old Ca talonia; but, notwithstanding the fact, that the poverty of some districts, and the simplicity of their inhabitants, have made them serve as the instruments and the victims of the most criminal seduction, the good spirit which reigns in all the capitals and in dustrious towns, the intrepidity of the regular army, the enthu siasm of the militia, and the disposition which in general the people display at seeing their liberty and their firesides endan gered in one and the same struggle—all these circumstances in spire a just confidence that the plots of the disaffected will be frustrated, the deluded undeceived, and the stability of the con stitutional regime confirmed by this new proof of its power. " Desiring all to join their efforts for an end so important, I I hope, Senors Deputies, that, on returning to your homes after •having fulfilled the august functions with which you were charged, yon will persevere in contributing to the public good, enlightening the opinion of the people, endeavouriog to produce conciliation, establishing by your persuasion and your influence that just confidence between the subject and the Government( which increases respect for the laws, adds vigour to authoritys and contributes to protect under its beneficent shade the rights of individuals." The PREsIDICNT of the Cortes replied in the fol lowing terms : " It was the duty of the Cortes to procure for their coma= tuents the greatest sum of good, at the expense of the least possi ble sacrifice ; and they have heard with much pleasure that theft labours have merited the acceptance of your Majesty. " Agriculture being almost annihilated, industry disheartened, and trade paralyzed, it was necessary to part down the publie expenditure with the most severe economy; and although there is reason to apprehend that the measure has caused that kind of disgust which springs from offended private interest, it has fur nished an opportunity to the Spaniards of presenting to the ado miration of the world new proofs of their patriotism and their virtues. Such proofs they every day supply of their love for liberty, of their respect for the Constitutional Throne, and of their hatred to every kind of foreign domination and dependence ; but our political institutions, which excite the envy and emula tion of foreigners, find likewise enemies among the Spaniards themselves, seduced by malignity, and that horrible fanaticism which so often has been fatal and destructive to the human rase. " The Cortes could not but allow the necessity of conceding to the Government of your Majesty, efficacious anatanee and ample authurity,to render its action prompt and vigorous. Mei do not renounce the glory of having anttelpated, is 0 011081 ."6 the wishes of Government, in order to give a teetini"ny _ thsit ardent seal for the public good, and of the c iuttat t e _ • reigns between the two first powers ot the ae. Let these means be deposited in the august hands • of you r . name -vl e tr i tat pnianuniatlbcklnircledytivrtaherenevifreLestabyiftyast.er_rlistlue:vivennLia_...thicattas e t atu a T odi n i t a niv a w k akeP e vynalisiunce t be h t e o : P .do n s i dr n of t : sle• syf Pf rf t t — i i ttiaorgarsitsethe aecele poo tenni love ot your majestis nation entertains nal a lagoil Governante Me heroic •.r ass it. 'vacuities* 5h 411 i 19 % Yak". imIMM