The Sun. — London, England, 1801-03-13 00:00:00

4 i‘ 0 found the prompt jesteentienret. the 331t1 dettsti. tution of Juries. Persons, who- were conseitrusof the crimes imputed to them, 'had even petitioned to he tried by Court Martial, andifor this because they know , they had a better Chance of escaping by such a random. Court than bya Court of Law legally constituted. Was it'possible, he Would aik; that the Gentleman - opposite to him, although invested with: ll t4e 4 thiress - of. the' legal profession, could possibly support such anoncon stitutional measure ? Would any- one -.say, that a Court Martial, regulated and . so .constituted, kvas better calculated . to try the guilty than '-a Court of Law - ? *He would .ask, what the *Pro position of t h e Noble Lord called . upon the United Parliament to do.? Was it not to send t'he'people of IFeland to be tried-by a worse Tri bilnal, than- that to which they had been hitherto accustomed ? Was it not.that they would be tried, tot by the Law of the -Land, and the ordinary CParts of justice, but before four or • five Officers, Who Were not guided in their decision by any precise rule of proceeding ? 'He would.even ap peal to a Noble-Lord (if he-could address - him on this subjea) • who had berm called to • a high Offi cial situation in Ireland, whether . the Courts of Justice were not better constituted to aditilnister /justice thin the novel Courts Martial ? , Put the Noble Lord had arguedit? favour of the measure, th e Noble Vireray would be responsible for his condua ;-•aral he pledged himself that the Noble Marquis Would not make an ill use of his power. But to what purpose was the charafier of that Noble Personage adduced, when they were called upon to consider , the Question in a Constitutional point .of light ? He did not charge th e N o bl e Vi ceroy w i t h : ma ki ng an ill use of his power ; he did not charge Courts Martial with ailing partially or. eracity, but he could say that they': a&ed - mcbmpatibly , with the ordinary Juiisditlion . . Cood God !To what Purpose were the Judges of the Land conFritured ? It would bci better to strip therm at once of their gowns l and pull;theth from their Benches,- it it *suerq to be &cided that Officers were to be, better Judges of - crimes than 'they.. It was ,not: by eft:Try, declantatiOn, but, by - fagis, that the ques tion was , dt'i'ded Whether the 'Kingdom of I relanct.",*iii - ehclkiskered ;.\k,t ith regard tei Cno tts -.49l iptertl,. , ii'Ora tt u4icrtiestitinalitr•tfiat the guilt or IntioCence-of , t)artii fried . was not so will` aseertaitiettits:by;ttie Never were such CoUtts eicessary, iii his•OPiniotV in. ordee - tn*:supeisede't he otlier,--14b aped up. on the . 11161ile" Ltird to name a "Cotiitif *WitiOh' • ail Jtirytuafi- - csoeald not be fond: His ..,,ITcOmmcndation Was, to let the whole gytitem of Livr be' contiteued:it'sAiereeofore ; to send the Judges of Ireland .in(6.thaCounties:iof Ireland, to try the disafreaed ;= 'steadily to execute the Laws, ::d to teach the People- to bear, rekp e a, and' obey s th - fu,- , - To let Justice- be promp t ,- „and' unremitting. Courts Martial the People' of Ireland woulci4eor, but , thy would never reipetet :thew. 116 way for the Gov'erntnetit.6f Iteldnil-tce be• respeaed-,- was. fo r it to reillea . the laws, and not to•trample-t-hem under foot by ,the r erarkion of Ctitaftiklartial.— He believedy . tilatr- - nosman Nit] tl6ne more than the Nohle-M iuntt i t ,, tv- A ytiligatt -the l sereeity of the sentence of CoUrrs.,Martial • bUt 'he at "4'3Yr bi - ecmtirtued - eat oerrtor'.4 - betalicl And he wig.ild t ask, ,supproing.„%aWther-qoittqlscir/aP pointed, less . actlainted with Military Affairs, 141.1173Totiritn:iias -1)e equally prsoopt- ao4,itoparicia4 Ipr. the Ist intentions, he might -not :have the same capacity ?. Sir .I.4ua..ltic a ...then:, proc.cejett to read ,Quotations from" Sir 'lcititt DAvt Es; who been sent over. to - Deland its • the. reign of Jess T. ant aften ! -*Relrelliont• in . that' Cduntry, from which he argued,' tint- if; . at' that rude the- regulat. - Adtirinirtraticity of justice was fat better to contiram, the Peace than' eiterii se . of .Iyl4tial: Law, .that,; a f9rtio.ri,-- this argume4 was 4 More farcible. inalle- ad Vance(' ItOt b re of Elie Civ i)i2lai ion of Ireland: He thought old SalodniOtliof administering justice. was the b!st4 , either , foe uscvrtainittg , guilt or , inno-. c z enc o e therefore, implored „the 'Manse to .suffer. to pCf.s.l.la f t e. a lgal sappli Ar a: .ail tient - n e c. n " 10 4 by substitution o f 'M a r t ial Law - ; -and oped that . the first aift of the. : with tesyeet - to- Ireland, tyouldche sescueo that Country 'torn- such an . arbittary tend c.tptl_ dons mode of adMiniste r i ng jesthete' ]ca of • Mr. DE-VNIS 'BROW NE the oh. the Conspiracy - in Irelatid was to separate the taro. CO this,. UtlttlS' ; and. as the means 'of eeitting the juries and NVitiresseq were not' Only tivid-att.d, b ut a tt u ip te d to be murder-CA ; anti So nweil was the:spirit of-tbe-Ceuntry•-uniewatek; that a subscription was masie, even byl Iht k or .utypOrtipik.the;l2.ebl3-4.21 pfison ;.• and the leation. was,,tlAt ,ther.swere, -obliged! to - tto so to protect};; theinsayes , frOm - the. viol4nc6tal..tbe utsaffeki:, .lutd ,it''not been. fat !Vlore ntl Law, Ireland. tvonid,at.tliisocatent have' en.sepatated . 11021,41'k. Country, -a - id but far t his measure,-, ptrN',Jr,,f e of the iteprewntatives.. from „ 34,1 present Ireland ,wonld hive been'. alive 1 9 , do their duty in Parliantent4 Sir GZO.:/444..tattarked,:. that ithequOtAtiohs inade.by,.thoi-Ign.'Sirt., from Sit igutt 1 ) 14. v were notabl e :th.t,.prosiut t l ' 4 l.stances...of,lre . !and. iHtatectohat in titer orth(!rw.Counties of Irefand; thei. di ,, affefted ,were. se • ized, soch - a spirit of . 4tinfuhlt iWi ,tie( .a .- 4hargalul'et , th- L r . o nii , e . Was, mad‘qhat; while; pakelo6i,'Ellallggithl6.- Ith minor offenees were, tried,'orious!ar.th - t were. I 'm& to intimidate.: Jurnrs-atd. Plaa against tho&eichargtahle au ditchellion. • " GREY` :that vaauld. feel it -Lc' be 'an Attcutribeut dutit,:bitfire: t heY agreed to measure ' onviatni)litlln !c!ry of; this' Calla try, praNi6Usir tO . ...oxatEt fr ° o ' the Noble Lord--some proof-of its. necessity, -Hi t h e rt o hC had heard. none' adduced.. - EvOalt). bad. ' flkeas . Rebellion, .13ad-. 04..4.re:h0d the this ofthe7COtititty,. no sech:lllC3Sitte ,as (Ills had been res ortedto. ' , But ttie:No . ble LOrdhaeri said, th at _ i t was reserved for, the prescot time to "'*e such necessity produced by_thc dire spirit of Ilectirtista. Me -41iltie 14 OW this spirit of Jaeobinisin 'Wag - almost' extinguishe.a. Theltablie had:even Jaebittistri in power as well as out of it. The: former--haci . encouraged the disaffeded, by-promises 'of Reform and lLmanci pation,; -and When in power, they had thewn rhemselyes little better than Tyrants. In - the former .cane, they had allured the People by promises, but' when in power, they had aft .cd by means Of Terror and. Oppreizion, The System of -Military -despotism- was now • pro- , posed ; a power which extended 'to the lives of the people •WherOrer it existed.--=lie in_ silted that the statement made by the Hon. Baronet remained uncontradieted had hard Must it be or the Country of Ireland, -if, after that Country has been restored to Peace, and a iegular Administration of -Justice established, a System' of Terror was still found necessary. He *wiTheel 'to 'know whether ordinary ilffentiers• were meant I ,tabe 'included within the jutisdiftion of Courts Martial ? Before this measure was adopted, a strong.tneasure of necessity ought to, be imde OUT. `The cases adducedd - were insufficient to prove this. The. .present Measure was nothing else 'but the establishment of a Military Power, which. kiiew nd bounds'-but its own discretion. Befbre.this rnearmre was adapted, he hoped the, Journals at' 'the Irish House of CoMmons, doting .the last Session, . would• be produced, with the _zpeech . ot - the Lord Lieutenant, congratulating- the Country, that. the tendency to Insurreaion was suppressed. Tut the- present measure - Foul& only be justified upon aid, ground of the ;actual existence of Rebellion. In no former pe riod, • when there had been' Insurreetions in Ire land, had such a measure been resorted to. He would support the: Motion of Adjournment, in order thatthe Hotrsi latighi 14 'put in pelie.siion' Of betterfinforitialiait'On r>le subjea. The Noble, Lord had,Said, there.had been no-instance of the . abuse of power by Cotirts Martial. . tint-did he irO'e !recoiled one, instance, in which a'CoUrt Martial acquitted a than chaiged.-With murder, in conse puetice of which ehe Lord LieUtenant dissolceti t he' Court ? ,Updn the whole, he conceived - that would be'unworthy of the House to establish this system Of 'Martial tad', by the supercession of all the otdinary fortng.of justice. 'Sir GTO E - e explained. rose, Anil much about the same - time tl orcl de BLAoisielii4, who had not spoken in this Parliament; on which .there was a consider •able ery of—"Order!,Order! Chair! Chair!" • Mr. PIT?"--" I take the liberty of suggesting that it.ii to you I must appeal, Sir, whether-I am at tbi.i 'moment to proceed to address the Chair or not.-L-:-Conceiving that first oiTereci. .4nyself to your notice, I apprehend' the rule to • :he, that I shall be called on to proceed, Unless noire Mcuibec clnises to move that some other parson 'shouid - adaress the. Chaii . in Preference to m,....trihr7vgA'44y,said, that whether is vas an order or 'a custom, was not very material in the view he had'of:,iha- thug, but cerlainjk.tlicr:: • lwas a custoin the.riosye„ Jo he:it a - ny'y I`,•lc,p -fber in I:sd/relict: to 'any other-- - --bi#lt. there tat)y di!nutty. upon that subjed, tie sh6idd move that the new Member be heacd.. rh,; SPE.lkEte sa,id---" There ,is .no - Rule„or, : Order, as. L'aPprehend, about this point—the" re is inctftd: a conrte3y on the part of, the Howe, ,which has generally br.en folloWed.,, which cour s 7 't'esy, the Member to whap ie is ,due, •1 Understood it to have,been waved by the :Kohl& Lord now` upon• the fitioi; and therefer . I took • • the liberty , of . ..alling•t: )p the Ri . BAt M on. Gentle . • - dl/1. P irt---" am suxu ,In point' of 'dater, the linn.,'Gentleman is not justidea.in the . Motiou,which he said .hc wits realy. to . move.- 7 , It is not my wish to shew a vt•aut of courtesy-40: dr i y.Meniber of this House, ,an ! l,pttrticularly, l iwOuld say, I skfula be - glad to,,s,hew a mark. of IperSonal respe6 to the Noble Ural whom it is Isecininly thef wish of itome to heir --ktiercnec t4ll)Ci When r,,aft . gelloV,Ozli Y...lPqr nt4-itxr did. not, know that. thc. 914 e l. g orci,stpoti. up. 1 had a wi , h to submit a few ,arguirtelati., to th.: :Honse in auswer,chiefly, to, the obscr vatiOns ot4he : 14 4 4 !;Pent 1 44*. I ••vvi° •?PPkel 44i,;§ut iftle-Npble I..(Kd r wi.she,s c to. proceed ndw, I shpuld be g 144, Ist ;give way- IQ him, for intiee4 titne.when spealf„is very pgarly indifersnt to me," • . . Lord 411iLAQUIERE J whcihda risen. said, he begged leave to wave: the. kintt.iiidalgeitceiwhieli hadibeemoilited Ito him, arid then gar dow-n: Mr; • Pisir.—" - I shall detilin - ,th 'HOuse as, 'shortly as • possible. I feel 'the Del'i'ate on this !QiiieStion, although the Motion Is indeed for an lA4ltiurnmeirr, in the naiiite of a Defatd• on the invits of the MotiOtt' Which .rny •Nehk 'Friend • intends to submit to the Frnnse; 'beeau.se the Hon'. Gentleman who 'succeediclihim lia; nor quite' irregularly ii :t inconsistently with - order, but in a maiinersony,!what - singuiar,' brow ht forward,. by • a nticiphtion , the tittestioh of 6rgunient•upon - thar .intendO - Motion,' by sta=ting, ev ety'rhilig• which, I presume; oreurftfd Id him AiOinst . th4tlylottoti, ,and•whih • he - might as *ell live - siatAhfrer wardt; if he had thought limpet' 'to for 'the :Motion of .iny — Ncibie Frigid ;'and cannot help 'thialciint that' alt . the acgomenragairistithe ,sure; Ve as well'phicedafterit•*ds apeted ;ag hefbicci - it ; they'are generally' tfiloiight •to` be t a's • !crop(' tfiliii'At. at ally other time; if the 1 - foik. titnitin is of opinion that the-su6jCct des'ervei"lo 1 ,,e • fairly argued. I do nut, hb . wever; I . llean to tipti It, that' the, Hon. Gentleniattlia; arau, cd'thic Case before' 'it was•epcned; fbr do riot say- that in the'lnany Wrds - he ,rnAciiie cf_,•• t re` • %. ;0 ; an argufrnthecontained,hut I say heltigh tliav e stated' *hall+ dtdsta - tei'a's iteelf4ter.a•beftiireqhe •) nitl'e - brniy NOMe'fticill.--NOt has th& 'Hon. Gertlenian beCn pleasato issign a reason Why he • atOdrte, not itre VariMecd, because it was 4 . 6lliit4Ucl'uphy a.Nintioh; but mtsual . ntid L;6ntrary to the•eoinrnon practice of this Having said thifi,‘Olich.T. think, the dccasion • called' for; - will, • ait 'shortly atlcart, conie ' the iniestion hefOre' the.. - House4r - theali in snbSiunle,• - do i4ierote the 144ilie; for the forniltV.lM6n is uponvw Mat ion orgttictirtinvn: tioi":7; shag . ' ritft - tak'''ff.;t?e4 t . lyerthitl'g that . appeals to ice inapplicable to the ree question, except one - point, on which diel-16n. Gentleman Opposite to the (Mth"G r. v.) dwelt *lth,consicier able emphasis; in 'Which he seethed' to the to mark a point which might. be Made to operate against himself in argtanent; I Mean the notice he thok of the observatien - tif thy Noble Friend; who said; that the necessity of , the theature-nOw. about to be pr o p ose d ; ar is es out of thisinghlarity of the times in which we live; 'and teas the efrca .1 - Jacobin Pri n ciple s . Si r , • the aoh. GentleinTh proceeded - to tell 'is, there are two sets of Tacb bins. That we had.'sccti the ,condlict, Of'these tWo sett. The one were Jacobins out of. power; the other; 'Jacobins in power ; that wig had seen the etre& of:the condua of. Jacci-: bins ourolpOWer and of - Jacobins in power. He did not think it necessary to explam himielf distinaly upcn these separaie heads; but he was pleased to allude to a part of the life of my Noble-Friend ; in which lie took part in the'dis cussion Ofithe subjeet of Parliamentary Reform ; a:ttl he seetip to blank • ifly' Noble Friend upon that su bjea, breontrasting his:conthia then with his condua now. I suppose the Hon. Gentleman does not mean to say that; under no circumstances, lit no time, in•no-situation, can there bc 4 lion'betwe4n the supporters of a Piirlamentary Reform, and a man of Jacobin principles. If he were - desirous of establishing any thing; it would be, that in no situation timid a Parliamentary Re. fotth- be - supported heineitly by those who' are so ninth ar . tinamtd With principles of that de'serip tion, bechse - he-himself has been the s upporte r o f a Parliamentary Reform, not only after Jacobin Principles had been cherished, but a6tcl upon in this Country,' and that tows when he did not find tuna gerrerfil support in the Nation, except from ihote ‘t;hoadopted the Mcgsurc, merely 0 give aid, and,. if Possible, efi to thpse principles. arri nat.' so uncharitable, Sir,. as to conclude, tun shall P be so, uncivil as to contend, that at the moment the Her.. Gentleman 'espoused the cause of Parliamentary ketorth, Or when he urged the -nicest-Shy of it last, he belie — V'ea, he could not etreCtnillv urge it, svithout the'aiit and support Jacchin'Principles. The Flo Use will therefore, see, that am not presuming to apply to him, what he - has been entleavOuring to apply to others, namely, Jacobite Principles. Ptit if f he espoused the cause of a Parliamentary Re'form, Ivhen many of those who i'Ver s aiparently its' warmest AdVocatet 0 - tid tin tile theory of the Rights cf IClTanand the prirtiples' of the French Revolu tion, and which were avow'ed--no, not avowed, bu•!- deteßed and. discovered to' be the pretest,, stridiotslv made use of, Many Of those Avila were engaged in'the pursuit.of Traiterous Correspond.: ence and Treasonable - Conspiracy in this Country, which. was 'only p it t of the, System then existing in Ireland, and 'whidt vv'ereproved incontestibly, and afterivatds tecognizedby the highest authoii tics in thiti Country to be' a Man to subvert the Stare--then it was that. ,the pretext of. Parlia rnt-ntilit--Reform was the was the. chief etigir.e. or Tr!itoi , , to 'raise the discon tents which • they inren,'.ed to nua to their own ,purpose---It' was at the 'Si; and .under .the:,e circittitances, tic I '.,,,i. 'Gentlmaif . came fortvard to urge th.: ado'ption of a l'ailianientary k . efortn ; he conteridcY t!y,r, as surely he will bo`titend now, for an l-,onoura,ble construdioh upon his:le:t)iives, in which I should' feel no clispOsi-, tion z() di,si!nt ; hut I 'on sure that for the Man_ ner in - which r'..e lion. Gentl'emanlihs:q)oken'to, niinr, t ho , : e whcf, coot nd::,l' fora t'arlia?Pentary l&efortu at, a OMere:it time, tinder aloci,t cir cumsta,ndfs, and before the pro , i : ',reis of rOCI, prsnciples; are exposed to' this' very 'cl‘i3'l 4 o' of ,)9iii- I:lCobltis, for he has insinuated that my, ,Mible Friend . is 'a Jacobin' itt''Plil.4i this he cannot do' With Out inLolpating:lilitio.3l'; but if he . is More 'de,irtats to : charg'eL . lkihiAlf'tflan,t6 . _ acqutt - others, I lea‘'-e hiM. tO:etilar u alt the'aP plattlSe ulie . h is likely to forote that ifieB4' cif Ca n - clout: ''o much, Sir,. for_ the charge of /Ite'Obinisin fniik by the Hon. Gentleman,--Upon the mea fuii now about to be' subniitted to: th'tHdus'e,' l .hall say but little, t - or, unaffectedly, I de- FiAte,, it du - cs appear to inc to"be presumptuous lis - tvtli as sulierflt!ottiiir me, to attempt to add niiell' to thevervlaill6, P'erspicuous, and eloqu6nt plc - ch, of flayloble Frie n d, 'who has giv'en to O i libusi.4,) 11i4cti" La ti ,f*az.tion, not only . on. this desiioti, but 4 qat'is inatter„ as I take it of con- - ' i/e. ritMation, not - only to' this.l - louse hat also to hii CiihtrF, has gi.er . ptoof - to-night, that hVie are'alndtlg•tts - talents of the first rate, rage; ligi Wiitiextensite kno•A - li:‘,lge Of the true in terests of tkisP.:rarire, and which talents and . , abilitic, whetficr in Or out of office, will al‘vayt , he ready' for exertion, it, occasiOriolay reOire,. agginst the most bitter ellemy of litilti:all itapiiiiiess" that ever v i e_ aypeared.io t!)is Worttl;I:p)t;1;;I:.,iii. Sir, in attempting co.:inswer the most ill)1:.'. a Tgl.l - men t s of my Noble friend, th.' I-lon. Gentleman fell into one or twonli...itiprelictisiOtfi s i he began by saving that my Noble Friend', in calliiii this 'ap t unekatapled measure, had done' rightly, for that it 'wag' cektainly of that charao.'er, artillle' pro ceeLled to . ceilstne the measure on that account, and vet, what is not verV consistent, he after wards pretty frL.quently c:;11:d . for' preCedents to tttppoxt the measure : now to_call for', 'grecedents for'that which is stated to the RotiSC CO be.upiic.: amplcd, 'ants not. appear to . me to be the best, mode of diScuisitg a subjal. But when' my Noble Friend in his candour admits . the ,measure he is s;:out to litepoe is - unexampled, 1 beglcave to .'idd'to that adintsitop. 7 -4 say also, that the.pro- ' posed measure is tnexarnPled- : —lt is unexaMpled aSte) - lisnecessity ,i - 7 lt has been pt) ed to - be in its vigour 'ttnexarni,lett as a remedy to a dre.islfal enl;:.'alid, it is also unexampled in its leniP,...— 'That, Sir,, i say' is the Lae . charafter of Ciis measure.l The Stale Dis tempera'whieh iu fl - )riner tiint!s required the i'i„,, , 66r and . proinptus o f I\1:n tiai Law, have been temporary, :Intl they wcre never. discussed, `but set:Jed in the field of battle. For :i in ncictit (1. if,s, criii w; v ~r, ere' knOwnso r iily'in the field of .tattle; they did . not . - pervade - the 'wl)oe, nr.chitio, Of . cavil society----it did not go i'liroagli every aiteFy of Ole body po- . litre of the COriiituni!y—ii "did not.ini4 with all ihekCtiterfis 'Cif civil; litiblk :A iiiVPt.lifcc.--:: did, indeed, raiage ir, the Lit it did rbe • poison all the sources ,of comfort in human lire, as well.asdeitioy all, security; public and private, to the propert y - and the person; Of descriptions of subjqls; T-he contest ih those times was be tWCen two descriptions of nien in 'the field ; it was (I;:cided there ;-- - -for, the Battle • Won,_ th tielor and the tariquiA..l ! eloyecl; thong!' hi unequal proporti o n s; t h e be . etcts and cotnforta - of restored tranquillity. But here ; milder the , baneful Influence ofJaeobinisnii yOue Eneinies, hlihough defeated in the field; only sepaiate.; the vital ciple of 'enmity to otdet andl social comfort, s:',ll terrains; so that exercise Of the utt3uestion.. able Prerokative of the Crown; ofenforcing Mar:. tial Law, in an unqualified m:ltimeri 117-Ist con- tintie; and 'which; although best suited for the moment of a t ... tilper4ry 31111 .general (t. et ti on , t d subdue anarmed and open Rebellion; is applicable only to an open Rebellion; and net desirable as a continued system: It becorties therefore neeep.: sary,..when Ret)ellion,.which was once fOrmidabl6 only in the opeo ttik6s another shape, that a permanent remedy. shOuldi be-provided. - Kott are, therefore,. reduced to •the hecessity Of chus~ ing; whether you',will haiard the necessity .of gepeial Martial Law;. which Will Suspend,ieverir other autherit . t, or' will adopt a measure which hits the . effea of Martial Law; only in a partial manner,-and Which is to be made re concileable With the e;:istence of as muc.'Ei Mtinicipal Law as is consistent' With the pub.. lie sattty—But, Sir, Gentienkin ask, what is the Call fqr this? TO .Whin I answer; ~ e • paiti c neceisity—Protetaitin to the . property and the Lives 'of His Majesty's Subjeas,". 7 -gdfne Mar tial. L:i'w ydb must have, or you will not have ' that . proteftion--WithOut the power now pro- : ' poed, there will he a- .. clashing of concurrent juriSdiaions ; perfe - a indeed in theieform„but in_ adequate to the purposet of petted - protedion and then yottrttav he in a situation which may re: quire attire Use of Martial - Law ; the . consequences of which Will be ; that all the Mtiaicipal Law` tntisrbe suspended, and Win tial taw madegeneral; so that the peaceable part of thelingdom wilt lose the benefit intertaiidfot them by thii tneasute ; for. if this measure be adopted, the peaceable part of fiis IViljesty's:SiihitEls Will hart the benefit of the Municipal Law, while that of the . Martial shrill be .extended only :to .the • rebellious: Now, Sit, upon a Ttestion, Whether this measure should be adopted or not,. you . have to ask ) ;ourself this question, Will not take measures for the Publie'Salety you no C. P. , :cure yourselves against' theprobable chance of having Martial LaW:general,..and thereby, from'the nature of the thing, suPeEsede all Power ? For without Such pro Vision as this, every thing being left to the Civil Power, ,thc rebellious principle, which is now .cOntraaed and confined, may spread )igain and become much wider, and soon bafile• all the - ' efforti . of the Civil Strength, so that you will avin 'be . u'ndcr the necessity of taking refuge under Martial Law ; or will you agree to a. measure which will prevent the necessity of so general' a rigour, and preserve so large a portion of Lig:Civil Power to preserve the /tights Of the . peac..e:thle 'part of Majesty's Subjeas ? I think you know-your duty - enough; to know how to prefer a measure calculatd for the Public, • Safety, which, while it continues part of the p/firtial LaW ,fOr 'lreland, secures to nine,tenthi, orthe Intiabitants the advantages. of_ an undis.. tutbed adinipisfration of Civil Authority. 'say, I think you know enough of your duty to know, that this measure should be adopted, ' if, without this . meaSnre,.ninc-tentlis of „Majesty's peace able Sidi etas' inlieland, who Row hai'e the ad varitageaf being gOvetned by' the•Ciyil Power, will he. insecure ip the possession of it for so woUld , helf this measure wsie not to be adopted, because, whenever Rebellion should appear too for the Civil; POwer, the whole Country mUst be put under Martial Law, which would be a spspcnsion of the 'Civilßiglts of the loyal as . : well as of the rebellious. That is the real state of the case—and, ii that he the true description of it, whiCh I aVer it is,:l ask, Whether 'tilled it by its . right title, when I said it was a measure of unexampled necessity,: Of unexampled utility, if properly exerted, and, at all - erents, of unexam pled lenity ? But, Sir, som e seem to suppose that nothing can he 'a' Rebellion but -alt Army in the Yield dispurit theright.to powerin the'eCinstitat&lAuihoriiies...Let us examine this ; it under . any notion of either Law or •Policy that this is to be..so contended ?---IS it, Policy,' it Justice, is it Mercy to those who are loyal, to ,leave this stand'as the definitiOn of Rebellion' 1r ill have the cad ofpatling on a level with the oyal,..iatthe Who are not..adually in the field in Open Rebellion. • Civil Tribunals, when they can be kept up to decide upon Civil .Rights, are Cettainl - superior to other Tribunals, but itr does not thence I follow' that all Military 'Trihunals are unnecessary, 'nor 'does! it follow, 'that because,, - genet3lly speaking, they are inferior ta TrNinals, they are . therefure, of no use ; It does not follow that'', becauie; all 'the proceedings . of the Cis%ii PoWer,ite" :talOn upon oath, .that there is no such thing 4'4 an oath in the Proccedings'of the Military Courts . , - They do not proceed without onth 'to ihe - Judgei, nor without oath 'of the'accusing Party, not. without oath of the Witne'sses ; 'and, therefore,,' although admit the ProCeedings of a Court Martial - in general cases, to be a less advantage, ous iiiodeadministering justice, than that, olas . tsrtbutjal, I cannot assent to the asserilotl, Oat Courts Mat tial are totally destitute of forms . and lifsteth and' when the HOrf:' Baronet (Sir Lal'ita s:o PAit's . oNs) asks me, as a persop urea:, to the Law„_ and, therefore, one' from whom he exams. to find a' ir&atattachMent to .that Law . ; whether I abnot prefer the Civil to the Military . Tribon.,l „ I'inn4t.fae allowed to say,' that I h ave sincere' aitaeliment, to the of my Country; not inure attachhicnt thanany other honest Sub.. jed - of the onitn; in truth,, although hrecl; to the lcaitied:Pr in very early part, Of my. life, 'I had bat a' short acquaintance with it. enough; hoWever, to admire the excellence of it; but not 'enough to make.ine despiie any other' r.-rn," Which tho ncceisitiei of a State way re.