The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-19 00:00:00

see rzonourabte end Learned Gentleman. (near, hear, hear.)
Whoever said, duvet**, that this nOtasure was recommended by
the head ef the Irish Government, had mach to answer for. They
had much to answer to the country—much to answer to the
Ilbuse, but they had most of all to answer to Lord Wellesley
slid the Hon. and Learned Gentleman (Mr. Plunkett), whose
names were used against the authority of their well-known opis
nioos and principles. The Noble Lord and Hon. and Learned
Gentleman, could never hart recommended a measure of harsh-
ness without accompanying this recommendation by pointing out
the antidote—Emancipation. He was told the measure was not
one of condemnation. It was a BM whose object only was to destroy
the existence of the Association, to put it to death by preventing
its members from meeting. But he had no right to say this
was a measure of condemnation. \%'hen a Bill of attainder is
passed, and the person against whom it is directed, is ordered to
be hanged by the neck until he is dead; is this condemnation ?
And what was it, but putting a body corporate to death, when by a
Penal Act it was to be dissolved, the highest degree of punishment
which could be indicted upon such a body. This Bill contemplated
the destruction of the Association as a body, and, as a body, the
Association bad a right to be heard before it was condemned.
(Hear, hear.) But there was a wondrous charge against the As-
sociation, they desired to produce witnesses at the bar, and some of
those witnesses, perhaps, were persons who had themselves sub-
scribed to the Cathode Rent. Ile and his Hunouruble and Learned
Friends were appealed to as lawyers, whether individuals were ever
permitted as witnesses in theirown cases ? This appeal was made as to
criminal cases, not a word was said of civil causes. Ile could inform
the Right lion. Gent. who made this appeal, that the prosecutors
in almost every criminal case pay their attomies, and yet their evi-
deuce has never been refused upon this ground. But there was
another charge brought against the Association. it seems they
had been guilty of promulgating the guilt of accused persons, by
their discussions. That is a thing, say all the gentlemen, quite
unknown to the principles of British jurisprudence. It is contrary
to all justice, they med. It was not contrary to the Justice he
(Mr. Brougham) had been used to see administered. There was
nunhing in it contrary to the principle daily recognised in our
chief Criminal Court, the Court of King's Bench. %Cher appli-
cation is made for a criminal information in case of libel, a state-
ment is made by the applicant's Counsel necessarily ex-parse.
This speech is primed through all the newspapers, and the
individual has no action for the libel. This had been decided
by the Court of Common Pleas. But what happen, before
the trial? The Judges declare that the tendency is libellous. This
declaration, made seriatim by the Judges, goes like a millstone
round the tack of the defendant when he conies before a Petty
Jury. But has he no chance of escape ? A very great chance.
There has always been a tendency to bear up against the criminal
information. When the House of Commons proneutes, it is the
same. (Hear, hear.) When the Commons( of England vote that
such a passage is a scandalous libel, does this prevent justice?
No; instances are rare, he was happy to say, in which the Com-
mons w.re successful. And in Ireland, were there out the same'
advantaaes ? It tried before a Protestant Jury, there could he no
better mUguard, than that the culprit should be prosecuted by the
Cadmic Association. But the Association was accused, not because
Rona mead individuals, but because it had tried on two occasions to
convict, and in both cases were unsuccasful. The result in both •
cases falsified the application of the charge. But there was a much
graver charge against the Association, it charge to which his lion.
and Gallant Friend (Mr. C. Hutchinson) with that spirit and cou.
rage with which he always defended the absent, whether his friend
or known to him only by character, bad alluded. (Hear, hear.)
When this charge was made it was eagerly received, it was heard
with cheers; but if he did not show it was wrong, if be did not de-
monstrate that it was the strongest argument which could be'
brought forward to prove how little ought to be depended upon er-
parte assertions, ha should for ever abandon the cause of the Asso-
ciation. The charge was, that they had talked of nonillion
Rowan as a man worthy of respect and love. Now. said the Right
tiouourable Gentleman opposite. this Hamilton Rowan is neither
more nor less than an attamted traitor. The Association an-
swer that this is a name highly respected ; for the truth of this
siatement they are responsible. If Rowan is not deeply beloved,
the Catholic Association are guilty of an exaggeration. But they
join in his sentiments by enrolling his name as a member. He
amerced, he offered to prove by witnesses, that there was no man
more an object of respect in Ireland than Hamilton Rowan. (A
3lember in one of the aide galleries cried out '• No.") !dr.
• Brougham resumed. 1 thank that Gentleman for his ••• No ;"
it gives nue his vote to night. I offer to prove the truth of what
I assert, the Gentleman and I are at issue, and met go to
• trial. But who taught the Association, who teaches the Associa.
tion to respect such men as Hamilton Rowan, who but hi
31ajesty's Government ? If that period of agitation and trouble,
the years 1793, or 1707 and I'9l3—if in this distressful period,
• Hamilton Rowan was actuated by zeal, and party asperity, and
patriotic feeling—if he was roused to frenzy by the injuries
which his country suffered—if he was the object of vitupera-
tion, and was included in a sweeping clause of attainder, lie was
never condemned, nor even tried—he erred in common with
the Fitzgeralds and other great and high-minded men. God
forbid that be (Jlr. Brougham) should seek to defend them, but he
could never accuse them of any thing but rashness and pertinacity.
These were not his romantic sentiments alone. Hamilton Rowan
was pardoned by his Prince; he returned to his country—he dis.
pensei the blessings of a large fortune amongst his tenants and
teighbours--his SOUS were constantly on tin grand juries, and he
himself was appointed a Magistrate. (Loud and continued cheers
from the Opposition beeches.) He was appointed to the Commis-
sion of the Peace taller the superintendance of Lord Manners,
who revises the Commission when any one goes too far in favour
of emancipation. This pink of loyalty, this deity of the Orange-
men, guided by their tuteliary saint, the late Attorney-General.
• Yet this was the Government under which 3lr. Hamilton
Rowan was made a Justice of the Peace. He attends ibe
Courts of the Representative of the Sovereign ; he is received
with courtesy by every Lord Lieutenant of every political crLecer
and every shade of opinion on the Catholic question. By
Whitworth as well as Lord Wellesley. Yet this is the man for
whom die Association is attacked (Hear, bear), for whom the
Association is to be put down unexplained, because, in common
with the rest of their countrymen, they love and venerate his name.
If he could not show the House that this was the tact—if he could
not commend the chalice to his own lips which the Hight lion.
Gentleman had prepared for him—if he could elicit no new argu-
ment to prove the necessity of inquiry, the incalculable danger of
condemning the -Catholic Association without trial, he said he
would abandon their cause. But now he stood on higher grounds,
he would ask every honest, considerate man, when this tact, this
explanation was elicited by imperfect communiostion, what might
arise frompearing the parties themselves ? lie bad proved that
the Association did nothing more than had already been done by
the Lord Chancellor, various Lords Lieutenant, and the late At-
torney-General for Ireland. From this the House might infer,
what the consequences might be, if they decided upon the acts of
men without hearing them. In eLciding upon this question he
should wish that all animosity and every party feeling should be
laid asleep. Ile now asked the House to avail itself of an oppor-
tunity which had never before, and might never again come with-
in their grasp. They might have the consent of his Majesty to
the bill—they might have the consent of the Peers. which would
be granted of course—they might have the consent of the Commas
also ; but the consent of another body was necessary before they
could carry the bill into execution—they must have the assent of the
Catholic Association and of the Catholic population of Ireland.
Ile was also of opinion, that to make the treasure acceptable to six
millions of people, it must have a large and liberal eonailiation, em-
bracing all parties and interests, for its basis. He begged lea,.
again to revert to a subject which be had already men-
tioued, and he trusted the House would pardon him for pres-
sing it upon their attention—but at no great distance front
the House,—perhaps he might say, under the very roof,—were
the chosen delegates of the Catholic community, who possessed
the entire confidence of that batty, and represented the feelings
and interests of their countrymen. Would the Bigot hear what
these men had to urge in behalf of themselves, and'llie privileges
sought by the body they represented ? Acting so, would not pledge
the House either to eac passing or rejection of the Bill of the lion.
Secretary fin Ireland. Let the House, after investigating the mat-
ter in the way proposed, pass the Bill if it thought proper. if they
legislated in that mode, he bad no doubt the Catholics would more
readily comply with a request than a command. If petitioners
are unable to vindicate their objects and their actions,. then let
the House pass the Bill which would be called fur and give pease
to Ireland. Ile was persuaded the House could not see those men,
bear their defence, and part front them without feelings and opi-
nions highly favourable to their characters and intentions ; it would
be impossible for both parties to come in contact and part without
kindlier feelings. lle was sure the condescending justice of the
House would have that edict upon the members a the Catholic
Association, and would entreat Gentlemen, whether they passed or
rejected the measure, to give themselves and the Association this
opportunity. The Association offered, through hint, to prove their
conduct had been legal and constitutional : they were prepared to
produce every docutnent,—every scrap of paper that had entered
•
their Committee-room, and subudt them to the inspection of the
House.—Their books were also forthcoming, and among them
there was no black-book. They had a book containing, as was
natural and correct, the names of subscribers to their funds,
but what of that? Had they not provided such a list, Gentlemen
on the other side would have been ready enough to tell that
House they were dishonest collectors. But he asserted there
existed no book of prohibition, of proscription, no black book
to repeal the expression. Aced he thought there had been,
on the part of the Association, neither an infraction of the
letter, nor an evasion of the spirit of the constitution. When
RibbOnism had made considerable progress in those districts
Mr. O'Connell had personally gone through the baronies of Upper
and Lower Ormond, in the county Kilkenny, and with the name
of the Association on his lips, and its proclamation in his hand,
had succecied in checking the progress of that evil. But if the
House would consent to heat the evidence that could be produced,
these facts would be as nothing compared with those which would
be elicited in the course of the inquiry. lie should only add. if
neglecting the signs of the dines, and shutting their eyes to all ex-
perience, the House would refuse to inquire, and petuvere in their
intention to condemn unheard, in the teeth of that astonishing
instance of A. H. Rowan which had been mentioned ; he had de-
livered himself from the responsibility attaching tie such'proceed-
ings, and upon their own heads be the consequence.

Strangers were then ordered to withdraw, and the House divided,
Noes . - - - . 222
Ayes . . . - 89

Alajority . ►33
The other Orde:s of the Day were then unposed of, and the
House atjuumed at HALF Pear OKE O'CLOCK.