The Sun.
London, England, 1801-03-14 00:00:00

I, • • • •
MARTIAL- LAW IN LAND. • '

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•
[bur, fimits.Yeite,; tis from giNirig in detail
tite...S.ticv.shes' 0, rhe Members trcm Ireland;
upoic p..);•tant v.177.j..•_; vivritt-refore give a-sketclt,
of then, irt fv-0 Paper of mi.:: day. .a.s Wt; conceive the tes-
tlinoiv of the. of that part of the ITnitc:xl
..!4m, •id favour, oi.l.grei Crtlttis RLa sea
to 1;c hurciial and conclusive.]

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Mr.. FRENCH' stated, that • the measure now
propoie,d to.be.,revived had been originally in-
troduced:6n no particular statement, but had been
founded on field' notorious to the whole flouse:
He conceived that-, unless this precedent was held-
to he dangerous, a specific statement was not now
necessary to• its revival.' It had been urged that,
even if the Lill were allowed to exPire, no serioua
inconvenience would result from it. - But Gentle-
men' evho made such assertions did not seem to be
/Wit re of the state. Of Ireland,' winch he knew to ,
.be such:as to. render- the greatest inischiefprobahle
even in a very short interval.. The Hon. l3alcinet
had asserted:that, :during the two last years, the
business.of the. Courts of Law-had been contluded,
•in a..regalar manner.- Yes-; this was the case, hut
it was so under the operation- of this very oh-
noxious Att. - If inst Aces of enormities prior to
the passing of this At vs'ere called for, he had to
lamelt that they,were too•ouinerous and too no-
torioo's to require to be ineritioned. They were
fit in Ole -experience of nein), of the most useful
' justices in the Country ; and to';vinced as he, was
that they had been overcome by the salutary ef-
fed of this measure, be should certainly support'
its revival for -a limited peiiod. ' •
.. i
. Mr.TAYLO R (an Irish MeMber) Conceived 'it
.inctunhent on hiin'to say that, in the County. to
which lie belonged,. the Laws t',:titild. not be .enforced
wirhonr l`villitary Poser. ' He scas Convinced that
an adjournment of the Question would be attended`
with- fatal cor4quenees, 'aild'iliiit- even tlies-alea.
tion of Ireland depontled on the revival of the Ate:
Mrs FITZGERALD said,' that if 'asked svhe-
eller. Trial by Jury, if it could be obtained, was
preferable to 'Trial by COurt Martial, no one
could:have any hesitation in-his answer. It' was,.
hnvever, a principle of Cominomi law, that every •
part,. cif' legal pew:et:di:lgs should be condtiffed '
witliosit fear. It. wits' the humane prineipre Of
the Law; -that evidence -shistiltl be given' without
intimidation, by intlividifilrin the -face of their
neighbours. 'By the' ingenuity of those' men who
had stirred up the Rebellion, this'principle'of the
Common Law hail been turned into an engine.cif‘
death-and destrudion.• Witnesses, by strong in..
timidatiOn, were compelled 'to be guilty 'of the
most nefarioes perjury: - They were frequently
reproached with- their grins - violatiOns-of truth,
and instead oiattenipting to coneeal."their crime,
they said to their reeroVeri, What would you
have had-us do ? Did you not see Si with around
us i These were. notorious and striking farts,
which sufficiently. established the inefficacy of the
common forms of Law, during the'cliitraded state
of Ireland.. If any Gentleman tvere-disposed- to
deny this statement, it wits only necessary for
him to live in Ireland six months, to ascertain its
reality. To have ptetended to govern- Ireland
• Solely,by the Common Law-, was abiiird. To have
sent the Twelve Judges to fight the battles ii
reland, would have been fully-as unreasonable as
tt send dies ' to theßaltice to settle the differences
now existing with the Northern Powers. . The
liglish Law he' allowed, to be excellent ; bor• it
was not fit for a time of War, and was never,in-'
(ended for,iliis- purpose. ' Even those who were
the tiths(zealous in the support of the proceedings
of the Cooris of Law' during • the commotions in
Ireland, were the first.vidims of rebelliop. Those
Who endeavoured to support the' forms 'of Justice,
amid the tumuli of War, were the first objects of
fopuhirluly. Those who .said 'indeed that the
inhabitants of Ireland' wished for Martial Law,
did diem wrong. .-Tey wished the Common '
Law to be restored, as soon -as' it was consistent-
ivith the common safety,. ,At present, however,
they' wished the House- rather to strengthen their
hands by Ads than to'paralyse their efforts by
Speeches... .
Mi. 3. C. lIERI.SFORD said" that he had
beep an enemy io the union,' because he appre-
handed that Gentlemen on "this sides Of the-water
Woulq be in 'general toolittle-acquainted with the
state' Of Ireland, to be competenLLegislators for it..
.He hart seen to-night, wii flout surprize, that his
apprefi'ensien Was not wholly without foundation.
He had not exPeded, however, that any Member'
mimic' be unactraLiOted with the principles and
Sentitnenes. of inilitary.tharaders, • and ascribing'
tolritish Officers motives and' feelings- by which
. if, is ,iniPossible . they should Viet; be' aduated. It -,
was impossible that men of high and 'generous
... .
spirits, suitable to the genius of their profession,
should go from the field of battle with- hearts
. ranklittie-.,with malignant pasOoroo Which.they
would andolge agaiststr,t be. Vi4ifil4 who cattle be-.
fore, them robe tried. Such sentimetits would be
more congenial to the• temper of a .Joror,- who had
. lo.st,near and dear relations in, civil conflidse Of
this the obseriation of an 'Honourable tareinet
(S..r L. PisßSoirs), !hat the Prisoners at Wexford
petitioned to' he tried by CoartS Martial,, Was a
. ~
proof that the Military was considered the most
impartial Tribunal.- ThOugh he kid been an eree
Ito the Utiioo, he trusted-thgt it would old. fly. ,
mately prbdUce all the benefit`that had been' ex-
petted frinn 'it. :But in order that this agreeable
hope might be realised, he conjured the 'House not
to stispeo& or delay the'adOption Of a measure'.
which was necessary for the safety of Ireland ;
i
arid he hoped that these first Mts of Legislation
ftir that part of the Country, woad not be ealeu-
laletUtP make every Irishman 'who lead oPposed
tliUrtisg,, doubly rue the accomplishment' c4.:*thai
event? Wir,;BI4WORD then proceeded to Cori-
fifni 'the stat . einentS.or other Irish'Meititiers,. that
. •
titt elk Liiiv weiild'have been wholly inadequate,
arid Oft Jurors iihtt Witnesses durst :not -do. their
dtrif,44 tiLlfrit: was only through ,the .salutary
effi.d's 'SP. the' d-a.rlits IVlarti'al I that the eoiir ts of
TAVliiii,s due al tO t'xerci4- tiei i• Thridi Oils He
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