The Express.
London, England, 1866-08-03 00:00:00

Tl-18-, EXPRESS, FRIDAY EVENING,

THE HABEAS CORPUS ACT scremanow.

Referring to the state of Ireland when the late
government introduced the Lill fur the suspension of the
Habeas Corpus Act in Ireland, the Times remarks that
the object of the present government in asking for a con- ,
tinuation of its suspension is not so much to give the
government the power to make new arrests as to enable it
to keep in prison • number of persons who have been
already apprehended. Since the act came into operation
756 persons have been arrested, of whom about 320 still
remain, upwards of 400 having been already released.
Although the conspiracy has been crushed, it cannot be
I seriously contended that Ireland is in a state when ex-
traordinary powers for dealing with the agents of
treason can be denied to the executive. The con-
sequent, of allowing the present act to expire
at the beginning of the recess, and of giving the Fenian
six months for the uncontrolled practice of their schemes,
might be serious enough. No sooner would the let of
September arrive than the maahinations of last winter
would begin again. The three hund-ed incorrigible
treason-mongers who are now in gaol would be circulating
I throughout the country before • month was over ; they
would be joined by scores of delegates of Stephens and
Roberts from America, and all the trouble of last year
would be renewed. After recommending the government
to prepare remedial measures during the recess, the Times
says that by next session we shall be able to see whether
Ireland is fit to return to the normal state of a oonstitu-
tionally governed country.
Three or four years ago, observes the Daily News, we
were exceedingly sensitive to the least abridgment of the
securities which the law provides for the liberty of the
subject, and the suspension of the Habeas Corpus Act was
regarded as one of the gravest of public evils. But that
was during the American war ; and our interest in the
question was speculative or sympathetic. Last February
we consented to the suspension of the Habeas Corpus Act
in Ireland with so much eagerness that those members
of parliament who ventured to delay the passage of
the ministerial bill for an hour to speak of the
state of Ireland were spoken of as if they had
proved themselves sympathisers with Fenianism. The
circumstances under which the suspension of the
act was asked for in last February differ from those under
which the continuance of that suspension was demanded
last night, because during the last six months Ireland was
administered under the eye of parliament. A very strong
case should be made out to justify the suspension whilst
parliament is not sitting. Arrests on the information of
spies, followel by " careful inquiries " with closed doors,
may vindicate power, but they cannot exalt the law in the
eye of the subject. Lord Naas declared that nothing but the
most absolute necessity for the continuance of the powers
granted at the beginning of the session would have induced
the government to ask for theirrenewaL But he admits that
a great improvement has taken place in the state of Ireland.
" Fenienism," he says, " is to a great extent dying away."
The Daily News regrets that Mr. Gladstone lent his great
influence to the government for the purpose of this mea-
sure, and regards the tendency manifested in the speeches
of some of the members of government last night, to look
upon the constitution as • peace constitution, to be thrown
I overboard, with all its guarantees, on the Ann alarm, as •
real danger of these times.
The Post looked but looked in vain for something in the
statement of Lord Nan to justify the continuance of the
suspension. Fenianism in Ireland, Lord Naas assures us,
has almost died out ; there is little or no political excite-
ment ; and the Irish Secretary is gratified at being able to
inform parliament and the country that there is no pro-
f
spect of an Irish rebellion. Crime also, be is happy to say,
is at its minimum, and the nation, considered collectively,
is orderly and well disposed. But, nevertheless, Ireland
cannot yet be trusted with a constitutional government.
Mr. Gladstene's argument practically amounted to this—
that the Irish people had endured an arbitrary govern.
meat so lung, it would be • matter of indifference to them
if compelled to endure it • little lesser. The bill of last
eight was the second purely Irish measure to which the
House of Commons has given its assent during the present
session. It is needless to remind the public that the first
measure was that act of suspension of which the mooed is
the counterpart. If the English nation should hays for-
gotten this eneszeshanor, it is not probable that the Irish
people will be equally oblivions. Such has been the sans
totals! invests& • legislation for Ireland during the year
1866.

The prolongation el the suspeesion of the Habeas Carpus
Act in biked, moved for by Lied Naas last night, is, in
the opinion of the druid, en soknowledgmens c the
wisdom of the policy of the late government in resorting
to' n extraordinary measure in the presence of a seditious
agitation which compromised the safety of the mister
country and threatened the security of the lives and pro-
perty of loyal subjects. What has taken place in Canada,
and what is still going on in America, shows that Fenian-
ism is not dead, and the government wars therefore justi-
fied in proposing the bill of last night.