The British Press; or, Morning Literary Advertiser.
London, England, 1822-02-11 00:00:00

dreg mot torte etraugh to arrest these r BM rid USW
no effect Its intimidating meets reseed% to see Mi
Let the Moot figure to lovelies sitiporam a. di0.6..=
elreomstaaced. The Magietralles melllpMel that 184 I •
strength Is'eureqsal to the Wee oplimed to them. giolfillpp:e
a Magistrate, upon good Information, ping to the house of
• peasant engaged in these snaraadiag excursions—lbroffen.
der is already acquainted that the Magistrate, if he sakes him,
bps power to transport hint for seven years, without Judge or
Jury, witbo•l any customary form of trial; for they might
talk as they pleased of the presence of an 'seismal Barrister,
or King's Counsel, or Serjeant. He contended that to any
man who knew the Constitution of England, and was capa-
ble of understanding the uses of its jurisdiction, sad
that knew the' value of trial by jary, such qualifica-
tions were all vague, aimless, hypocritical cant. The
measures were is every point and, degree hostile to the
coostitutional Interests of the country. What was there, be
would sok, to induce an offender, who bad succersfullyren-
tended with the lawful sethorittee of the country, trendily .
and easily to submit and be captured by a Magistrate, whom
lie knew to be isvested with powers which were enmesh to
shut out the previously exisitug chances allowed by the
I forms of trial to escape the gripe of the law ? The want en-
der which the Magistrates laboured was not • want of power,
bet • want of physical strength to 'orrice obedience to 11.-
11 ought never to be forgotten, it was an argument always
to be kept is mind by • Senate or Parliament of • free Ita-
lian, especially when extraordinary powers were asked of
them, that all power was liable to above. This was parti-
cularly to be considered in the preseut question, not only
from the nature and character of the Bills, but nit account of
the peculiar situation of the country and people to whom they
were to he applied, a situation iu winch such powers were
more likely to be abused than any others which could be ima-
giaed. In the first place, society must be considered in that
country as being divided by the contentions of two chief fac-
tions, which more or less engrossed the feelings of all the peo,
pie. The circumstances immediately preceding were not likely
to leave the minds of the Magistracy in the calmest and most
dispassionate condition far applying therm new powers with
due moderation. %That were these circumstances? There
had been a recent Evillest between the population and the
lawful authorities—a contest against the laws can the part
of Cie people—ln support of the laws on the part of the
Magistracy. The people, though nut entirely successful,
had left a deep impression of their violence. The Magis-
tracy were just coining out of the contest, smarting under
the effects of the difficulties they had overcome—difficulties
which made it impossible for diem to rid their minds of
passion and resentment. Was it to such hands they were to
commit the powers now asked ? By the British Con-
stitution the entertaining even • just resentment ammo,-
ed to a complete disqualification of a judge; said yet
to men whose minds were irritated by Ike must (slim;
circumstances of opposition, and fraught with, meet
probably, unqualified resentment, they were to intrust the
exercise of powers of this kind. If acts like those were in
themselves unnecessary and unconstitutional, the persons to
whom it was proposed to depute the powers of them, were of
alt persons the most likely to abuse them. If these remarks
were applicable to the gentry and magistracy of all coon-
tries, he could not compliment the Magistrates of Ireland as
forming the case of exception; they at /east were nut less
liable to Mey the impulse of mentioned. The Noble Earl bad
said that this was rut • new law—that their Lordships knew
the Invert of these Bills—that they were acquainted with the
consequences of them—that experience had been had of
their effects. They had, indeed, experienced the effects of
such Bells; they had sees them to force more or less fie-
quently for the laid -twenty years. And if the Hoare had
not heard of the effects of such Bills iii • manlier sufficiently
alarming to that constitutional jealousy which had beets
appealed to, let them go to the records of the Iriah tribunals,
sod they would And how far they had contributed to ap-
pease the toenails of Ireland—they would flint • Reties of
oppressions and calamities which would make their feelings
revolt, anal 611 their minds with the moat painful rerullec-
Otitis. What was there to recommend these laws its all that
had befell their enactment and execution, bet a continuation
of horrible atrocities, which made the heart recoil from the
contemplation of them? What results were the,. to
recommend a recurrence to them? The Noble Earl de-
eland the consequences to have been good. lit might
be supposed that rebellion and i lion had bees
quenched, earl that Acts had been allowed to expire fur
want of objects upon which to iaßict the penalties. The
hare recital of the periods daring which they were is forme
woold cure that delusion. The 10-urreetios Act was peeved
In 1798; it lay dormant fur a few months, mid thou, with
the Suspension Law, was in full rigotw ageis; 'bat was to
say, all law was suspended the local gentry were raised
into absolmie despots—there was thresghout the country
an absolute democracy of tyrants. After this it would be
supposed that the country would be triaged and prosper-
. ems. In 1807 the law was again in foree. From that
period there was an interval of tine or two years without
the Act, and theta it was enacted once more. After that the
Noble Lord, now in his piece, had come down to the House
and, much to his hosour, had stated that Ireland being
restored to tranqsillity, he would move foe the repeal of
the law, though it had then only • mouth or two before it
would of itself expire. Where were the wholesome results of
the law! Dad the Noble Earl gamete say that ',Ade that law,
as it was called, was in existence, there wee the wort strut:loos
absence of all law ? D.d he mess to say that Goverwiswat
bad not horn wailing in all those periods throagls bloodshed
and violence, effected almost without diectionisatioo, com-
pelled perhaps by the circuities to do so to preserve the
Government of the country ? The statute book would be
the fullest reply to such • declaration if any Minister were
hardy enough to make it. Use of the eircuossiseces
which would resider the powers to be grouted by these Bills
peculiarly liable to abuse, arose from the difficulty sad ern-
barrassmeat under which Magistrates would find themselves
hereafter, on a return to a more rational and coustitutional
course of law. By custom of exercising mercies sad
arbitrary authority, the people would, no doubt,
come very apt to look upon those persons who hod held
and •ised such powers as their osiers! enemies; they
would learn to ahead and hale the laws from those whose na-
tural business it was to teach respect and veretatitte to the
laws. Even in the cassia* • good Magistrate recurring, after
the enjoyment of seminary power,, to • course of law wisely
guarded with checks sod various modes of sleety, the impodi.
meets must in some instances be disagreeable to him, sod he
would secretly indulge • wish for the larger powers which he
had learned to exerciee. This, in a Magistrate with say love
of constitutional principle, whose character and mind were
mot vitiated by the pomession and eseiche of extraordinary
powers, was yet to be expected. But what wenra he she
cam in • Magistrate of an opposite character—one who had
no
scruples in the indulgence of life passions ? Tkire
do what they could, always be some little matter of diger,-
time left to the mind of the Judge or Magistrate; sod let
it be recollected, that the rule of the Constitution, io all
eases where power was intrusted, was to 'oppose that the
had passions lurked in the minds of all men. A Magistrate
of the disposition he had pointed out, feeling the ineonve-
idiot., of the old restralute—perhaps galled with the retell-
'reties of having abused the powers before committed to
hue, would seek in the exercise of his legal and more mo-
derate powers, to 'hew that there was a positive ne-
cessity for the continuance of these which were more
arbitrary. It had bee, well observed by alloble and Leaned
Lira who had preceded him, though most impertinently as to
the vote he promised to give, that in !reload there was a
general want of respect to the laws, and that want of respect
and obedience was a common failure smoeg high and low,
rich math and Feat mum. He believed that the evil did exist,
and that it was a defies,* ea, to deal with. But what
was the remedy proposed by the Noble and Lamed lied ?
How did he propose to leach the Irish respect for those laws
anti that constitution which wets as profited, nod justly
eulogised ? The argauseat to be Inferred was this, " Timm
laws &misdeed pod in times of•peats and eseleothimit,
bat is times of dilicolay sod danger, we also, as well as yes,
discharge them lows which we at ether timer call os yea to
admire, sad retort to violence lied cruelty as yen do;
we she discarded our reverence foe the minititailioe,sed re-
sort to the Moloch of Malcom which yam worship." Bet
look at the effect of this legislative on the Magistrate.
He 'mid remise thus: If by a. bad administration
of the existing laws he sae-ffitineet the diecoeteals as
as to have these estesordinevy powers committed to him,
he mugs to be a simple Hasistuale of iloa gamma 1 bealarts

trout the melt of a mere itemiser of lie einsusisslOn tif the
power sod swells • petty tyrsal of the district; his power is
augeseuied—his cosoopiewee le iiscreased is properties as
rdtheeisiptrloaeyeestiusegieati.nghiMii:binbretaioirohylb:lisiswert,ihweballasgsslivieitwkwalso—:rP:sg.risditsienlislidipierhtsartityrer..
ebb, In his opinion, to these Bills i it might be usfashies-
able to admit It, hat it was the troth. The local ',labiate
become absorbed or quenched osier the visitatioe of the
law military. Magistrates would be very circumspect in
their eosoluet If there were soy danger to be moaned
by it of invitee the visit of a large lied overwhelming forte,
capable of erudite( them (lows to an indiserintimate level
with the wretched •ietims of those habitual oppression,.
They would he slow to do any tide, to ferment disorder, if
they were i• peril of having their petty authority quashed
by that of • fleece which bears with egret weight epee all the
parties—epos the exaspersiensg tyrant of the neighbour:
hood, and the wretches he wished to crush, he would be
vigilant to suppress disorders se they prose, end by the meat
effectual menus--ibuse of bessesity sod justice. Far this
reale, be would prefer, if weed were, exteudieg the rut,
of the Irish Executive in that esseser. M•gisirued .oriel
sever be SO rosily tat call down the vengeance of • restful
Government upon their districts, as they would to ash
for those extraordinary and revolutionary laws, for ova
lotionary they were, however the description of them
might be quilifled. At protest, if say Magistrate is
Ireland were sated whet meson, be would have adopt-
ed to put down the disorders, the answer would ceilliely
he, the Inserrectiou Act. The temper of the peupk of
that rank was siotorisios—ii was marked by a hatred
of the lower el lle bad learned from • Noble relative
of his sear him, osier at the head of the 1.-ti Goveremeet
(the Duke of 'team II), that so souse, did a Lord Lieu.
teasel land is theft country than be wad insiautly best
by • SWIM Or those who were anxious to urinals as
xescesdaney over hies, and to give to his mind • bias in
favour of their owe particular objects sad Marmite. If ibey
trued him to be timid by salute, they set about alarms(
hue ; if they found bus • sass of spirit' they put him us
his mettle. Every engine was set is motion, so mesas were
left untried, reports of the denerlptios best celeststed to
forward their views were forewarded front every part of the
obesity, and the must active us was mole of Me inflow,
they possessed, by means of the most extensive cogresposiL
s ace carried ea by a vast faction, which spread all (MT
lirelainl. He perfectly agreed +Mb what had relies from
the Noble sod learned Lord, that as act of vigour for the
purpose of putting duwa actual rebelties ought to be ac-
companied by a thorough inquiry Palo the suture mid
causes of the evil that gave rise to it. For if he
trederstood him aright, the Noble Lord would is, that alas
the House was called upon to greet extraordinary powers to
the Government of Ireland—whew they found it stated by
the Noble Marquis at the heed of that Goversetost that the
causes of the evil were deep routed, they were booed to dr-
engin' some ssssss ace that the Government was about to ad.
dress itself with the most serious and attentive appl!cat no to
the levesilgai mu of these causes with a view 'esthete remenh
He should not contend that the law which they wens called
upon to enter, although he cooed not shish it the best sleeted
to the peculiar character of the evil to which it was intruded
to apply, would altogether fail in repressing the spirit of sot.
rags which prevailed ; becamee he dud shish, that, is eosjsse-
Hum with other ceases, the approach of summer and the
leigibesiag of the days, it was likely to have some effect in
reducing the quantity of the evil. But still he did Mist,
that however effective it wee likely to prove foe the time,
the Hoerr ought est to give such posers ors them with-
out -• distinct isodersisodsug that the nitro/ins of Go-
yerument would be directed to the discovery sad removal
of the remote cause of the mischief: If that were reelect-
ed, sad the powers of this Act should fail I. subduing the
tits bieleut spirit that was sow is actioe, it would out be Wei
or
it grew into iciest retwilios; it would sense aurae the
appearance which the Noble Lord over the way bad stated Met
it had nut yet put us, it would soon become a political Of re-
ligioos civil ear. When persecutive was set on foot apiast
the Protestants is the south of Preece, is answer lu au-
pietism which were made ea that subject, ii was said that the
indogiluals were sot molested us account of their religios, lot
that they had rendered themselves obnoxious to Hie Isis
which it had bees Necessary to adopt fur the *oppressive of
the designs of the fiends of Bonaparte. Rot to whom had
the execution of those laws bees confided' To Catholic',
whine rano/rove hostility to the professors of the reformed
religion had led them to convert the laws which bad heck
framed for the soppreesios of designs hostile to the eats-
blished civil isatioistiutis of the toiletry, into ?Settles of
destruction to the sderrogies of their religion. The Noble
Lord orii the crews bench (Laid Kenyon, we bilker) 'elev.',
as he would seem to say the argument would only apply
where Catholics were Is power ; but he (Lord Hetlasol
thought that it was the case of human nature generally. I.
that ;macular ease the Protestant became the object of
perseculitoa with the Catholic Magistrate under the pies el
his being • &inspiring ; and what security bed Hey that
the Protestant Magistrate in Ireland would Hot treat his
Cedeolie enemy as a rebel? The present, he couteeded, Inv
Nit a remedy which was c•pable of removing the caste of
the disease; which could cooly be eared by the adoption of
measures founded ou long eeperieece sod study of the des-
order, and • thorough sequaiidence with the otestoleties ef
the patient. He would admit the possibility that there-
mud of the whole of their disabilities from the Cadmic*
of Ireland might be reductive of inconvenience er eirs•
danger, though Ise wastat a less to conceive hew it cosh'
hare seal an effect ; bat For the sake of the argument,
allowing it to be so, he would yet matted that it was
impassible that soy government could discharge its duty
to the country, which determined to eirelisde from its
•Itestioe all consideration of what was to be dose with re-
gard to the Catholics of Indeed. The tithe oysters elm wog
• subject which so govenimetat woo Id de be duty is refugia(
le submit to • thorough ievestigaties lied reels.. But
these were question they were told epos which as usable
was to be gives. Though all woe agreed in opieios of the
secessity that something should be dose, yet they teak'
sever agree as to the particular measure to be adopted; sad
it was fothiddes to leech epos partieslar points, hsrsuse
some 'see we ether being boom, to be decidedly supposed to
their beteg et all interfered with, any attempt to divests
them would lead to a diseglotios of the Cabinet; sad it use
better that that shook' bold together a little Wager, than
that • crying griever. Amid be redressed at the risk Of
their wassiesity. There lay the root of the evil; the
low, thus deep, was it fixed—sittschmest to uffice was tea
principle to which every ether coosideraties was to be ewe-
iced. He begged ho might sot he misunderstood to say
shot Catholic Kmeseipailow was the only remedy, or that it
would be a complete rue for the disease, or that the Casio-
Ile disabilities were the wily evils seder which boiled was
labosrieg. Sensible es he was of the easgeitede sad impot-
ence of that sobjecs, yet he could out forget that there were
others which equally deemed's' swains' and SlDOlidlnfOl.
There were the tithes, of which the Noble sod Loused
Lord bed said that • riudilestios of them would he HOY
sdvaalageous to the cowry. The shortie* of the Vat
body of the large leaded periprietere was ales • rotate sperm
of coil to the esustry. That was undoubtedly Is may caste
*wise to the sossexios with Zeglaed; but be thought
that If that eumeskse hod bete made the mrses of exits&
log the bowels of English low to lorlisid, that evil wouidhe
amply compositor*, to the revelry by the advsulalfre which
the people would lave derived from the change. 7 Ire triode
of that eatetempt fur the lows, which the Noble sad Lesreed
Lord bed deseribed as pervades( every class of the pee* t
that Poetry, from the high bred diorite's, who leek the Igo
isle his swot heads for the porpoise 40 summarily redrestioe
a supposed grievesee, to the petty 'springier, who drew
away cattle by sight fur debt rather Mee submit to the
ignominy of employing se stistsey, row out of • totem•
boo of the jalousie* ue the laws, mid me opium. that They
were framed Fer the porpoises of epitomise to the people.
"Theo he sossiderill the whole of the ciresegstssees sing. -
leg the fastrodorism of this osetwore—the reuse anodise
to the sob§iret is the Sport* frees the Throe--the papa'
which bed hems laid es the table of the Hose—she Imo
pigmies of the St isdiegOrders--lbe little time allowed fsg
the discussion of the measure (less thee tweeiy-four boom,
owlet to the eiresmsteses of the ilietoter, with all his lie
demor over the Mesibees of the other Hower. net beigg
seniosaitala.abolo;:sublfolilithiebyr IltherboregreeizeuerlorrectedietbwatestrlbessehodeNthailebeeeeeefeildstrierdtd,ohyeowc.f