The National Register. — London, England, 1811-12-01 00:00:00

THE NATIONAL REGISTER. laws were at that period, and their gradual repeal, and what the restrictions were which still continue.) Let it not be understood That I mean to speak liglnly of those matters. I acknowledge the repeal of them are laudable objects for men of rank and ta lents to pursue. But what is the object of the petition ? 'those restrictions can he confined in a nat row and confined compass. Persons capable of reading and writing could form a petition at once, and without difficulty, and therefore, to talk of collecting together a national convention for the pnrpnse, is an imposition upon common sense. Their Petition has been again and again presented to Parliament—it. has been discussed by Parliament, and has never been rejected for want of form. Why has it, therefore, t een now thought necessary to summon a Convention to deliberate upon it; to calla Convention of 500 persons to act , in the capital, day atter day, and month after month ? Because there is a rebel party, and a party of United Irishmen at work, and who now endeavour to effect by artifice, what they could rot do by force in 1198 and 1803. They may have an object in caging a National Convention, because such desperate, wicked, and factious persons always sway sack assemblies. How was this Convention to act, but by the example of that Committee out of which was to spring what rules or orders were to govern them ? Our Parliament cannot meet but by the order of the King, and cannot sit a moment longer than he pleases. But this Convention, self-created, has no law but its own discretion. Such an asstanhly can never he tolerated under any form of Go vernasent. This is no contest between. the Government and the Catholics-1 deny it. It is a contest between the law and the violation of tine public peace. Government would be unable to stand, if it was obliged to submit to such things. The Press says, the right to Petition is attacked; it is no such thing ? Be cause: Government stops a National Convention, can it he said they stop petitioning ? Because the Catholics cannot have a Par liament ut their own, do they complain of not having the right to pe'ition ?" The Attorney-General then adverted to the origin and necessity of the Convention Act, which was adopted in con sequence of intended meetings proposed in the north of Ireland. He then procet sled with great ingenuity and ability to comment on the Convention Act, on its applicability to the case of the Teaverser. The intent of the Convention Act, he contended, was to prevent Delegation ;—the Magistrate was directed to disperse them without waiting to ascertain whether their purpose %vas legal or illegal, at the moment when he saw them acting under, or for a dt s legatien.—The present indictment, he stated to be framed on the second Section of the Act. —The only ground.of of c evil is, that they met, not under a pretence of petitioning, but for its purpose.—He then went into an ingenious ar4pment, that the word pr:tenre, as used in the Statute, does not totend a false pretence, but the elsitn, the plea, the assumption of pea tinning, fur the purpose of some other object. Where the Lc- gislature intends tt.e term in the sense for which the Delegates have contendt 1, it always so expresses it, as' in the Statute against obtainitie money under jets(' peatences. The a 2 11. 8. uses the Word pretence in its indefinite sense, where it is de s:ribed a , a plea to a title. There are true pretences as well as false prcttuces. "l'he ;a) Car. 2. is eonclusive on this point : this is a preyetairg Statute ; its title i , very like that of the t7onVen ti •n et ;it feeled•i more t ban ten persons presenting a petition : and it uses the wee d etrt a in the same sense as a claim, a plea, an assumption ut actual 1 - etitioning for rme other terpesc. A delegated it-sc mbly overawing the Legislature, are unlawful, whether they meet to petition or tiot.• Nothing can better show the intent of the Convention Act than its t xceptions; it excepts the Elections into Parliament, and the Houses of Convocation. Judge Day observed that such a saying was vnreccssary.)-- •The.Attorney-(h proceeded to infer from the exceptions in the Act, that the people have still the right of petitioning, if they chouse to petition in the legal and accustomed way, as the people of England, who made a stend for their rights, are con tented• to do. The Catholics of Eafgland, he said, are es great and as nelNle as those of Ireland, and lie under nreater grievances, yet the . .y have not delegated to petition. The Parliament alone have a right to do awaythe test Act —they have not thought it right. to repeal it—and the question rests with Meng only. If the Catho'dcs of Ireland they think cat' attain their object faree,who ever of them makes the attempt is a traitor to his allegiance. They have among thews several orators, who, active as they are, du not yet think that the time is come. The Attorney-General here concluded. SECOND DAY. DR. El/WARD SIIETUDAN. lied was John Shepard, examined by the olds the situation of peace-officer in the • was directed to :attend the meeting in last summer ; it was on Wednesday the Dr. She-ridan there, and also in Court this Dr. Sheridan; he w•as in the Chapel be- tween twelve and one O'clock ; there was a very large assembly there ; cannot say what number, but the lower part of the Chapel was full ; saw Dr. Sheridan in the Chair; recollects the nature and substance of his address was, first, that a Petition should be presented to the Prince Regent, and both Houses of Parlia ment, for the removal of the penal laws against the Catholic people of Ireland, or words to that effect—is certain that was the substance of what was said ; the motion on that question was put by Dr. Sheridan, and carried unanimously ; recollects a mo don was also made for appointing a Commistee of five, for the purpose of representing that parish in the General Committee of the Irish Catholics; is positive the words were, to prepare and present a Petition, and transact the business of the Catholic in habitants of that parish—cannot sa) positively ; but heard and believes that it was in consequence of a former meeting that this business took place in Liffey-street. The last motion for ap pointing the five persons was put and carried—put by Dr. She ridan from the Chair—and in consequence of that resolution, after sonic difference about the mode of election, it was pro posed that seven of those who were present, and who were nut candidates for the Committee, should be chosen, and that those seven should retire, and out of a list of persons to be given to them, should select five. After the proposal was carried, those seven persons retired, and afterwards witness saw but two of them return to the meeting—from his situation, could not see half of those that were present. Those two who returned, handed in a list to Dr. Sheridan ; there were five names read from it ; they were first Dr. Sheridan ; next, Mr. Kirwan ; then Mr. Taaffe, Mr. Sweetman, and Mr. Shields. After the names were read, Dr. Sheridan was removed from the chair, and it was taken by Dr. Burke, who put the question upon Dr. Sheridan being one of the Committee, and it was carried unaninously. Dr. Burke did not continue in the chair, but Dr. Sheridan went back into it; votes were put as to the other per Sons" being re turned on the Committee, which were carried unanimously. After the votes passed, he heard some persons address the meeting; and the substance was, expressing their thanks for the honour that was done them.; Mr. Shields was in-London, and some friend returned thanks in his name, and that was the reason of there b:•ing some objection to his being one of the Committee. \t•'l•en those thanks were returned, a motion was made that Dr. Sheridan should leave the chair, and that Mr. Taaffe should take it; on Mr. `l•aaff'e taking the chair, a motion was made, returning the thanks of the assembly to Dr. Sheridan, fur his very proper conduct in the chair; that motion was car ried, and Dr. Sheridan thanked the assembly, as 1 promised the business his warmest support; the parish to b.! represented, be understood to be Mary's parish ; no other business was done by thr meeting, as witness saw ; Dr. Sheridan was in the chair when witness went in; witness was at 1110 St of the meetings, but can not particularly recollect being at the Aggregate Meeting at Fiskamble-street, on the eih of July. Cruss-examined b. ,. / Air. By RROWZS. is of the religion of the Established Church—was not at the Meeting as a Member of it—it was open to any one of any religion—there was no concealment whatever—there was not a word in abuse of any individual of the Government. nor any thing seditious—should be sorry to suspect any thing of that kind from so respectable an Assembly—believes they had no other object in assembling, except to prepare and present a Pe tition, and that die Resolutions were taken down in wr►ting, and read from a paper—can swear that the word " represent" was in the Resolutions—in the second Resolution—no : it was not " represent." it was 44 present or prepare a Petition"—did say that the only object of the Meeting was to prepare a Petition and nothing else—but still thinks the business was to appoint Five Persons to present a Petition, and to transact the other business of the Catholic inhabitants of the parish ; but certainly there was nu other business mentioned—cannot say where this other business was to he done—cannot recollect what it was, and will not invent it—it is called Liffey-street Chapel ; but it includes three Protestant parishes, St. Thomas's, George's, and Mary's—took a memorandum of those proceedings after he went hame, and also before, but has it not about him—did not see it these ten days; knew he was to come forward to prove those Resolutions ; but world rather trust to his memory ; might have brought the memorandum if he pleased; but be lieves he must have lost it or mislaid it, though it might still be in his desk ; was sent there for the purpose of taking an ac count of what passed, and proving it; told the import of what passed to those to whom he had a rigkt to tell it—the Police Magistrates; gave a written report to them of the proceedings; cannot say whether that report is lost or mislaid ; cannot say to which of the Magistrates he gave it; thinks it was to Counsel lor Hare and Major Sirr; had general order to go to those Meetings ; they certainly did not come down from Heaven, but from the Police Magistrates; had his immediate instruc tions from Ferrall, the chief constable. 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