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

MARTIAL LAW

Lord CASTLEREA GH•moved, « Thar the
Ark of -the 3gth of Geo. 111. entitled an Aefibi
the suppression of Rebellion in Ireiand, and the
ASR of the ,Loth of His Majesty, for continuinli
the same, should he. read."

. • ,
Mr. SHERIDAN rose to o_ppiiii",the 'Motion;
and-instead of it, to move to adjourn. 11e,,sbettld
do this with the view of giving the,•Noble LOid •
an opporthnity of doing, that which ii had b;:t.cire
entreated him to do, -viz,. Not to.persiit:,ar this
'moment in bringing forward ,this mcisc
and delicate question, because-lie was firmly eon--
vinced that there- was no occasion for that degree
of haste which die- NOble Lord' seemed.'
to use upon the present occasion. , . hoped In.
• rising upon this subjea, he shoidd not he thOtiOt
• to interfere offiCiously upon a.question ilk* which
so.many Gentlemen possessed so mucli =more tn_
formation than he could pretend to, :but he could
not help observing, that, in 'his Opinion,- no:.
thing could. be more unconstitutional :than.-fOr
. the 'House to proceed :upon this subje& 'with-
out • any communication from the '.Crown, or
without any previeus examination hiving been
instituted by that 'House. What %Vai to be ap-
prehendedirom the short delay which he meant
to propose? He need not remind the House; le.
cause every Gentleinan mast haVe'neticed vivith.
;as much joy as le did, that. they had, that day re-
; ceived the authentic informgiOn of His Ntajes_
tr's most auspicious recovery because had
heard His Majesty's.Commiss,ion read for 'giving
his consent to Mt* AftS of Parliament. -Ftoin
`that happy event,haviog taken place, ttnire could ;,
be but a short time before a. Message couldbe de_
slivered from His J,Es ry, ;• and. they bad every
reason to hope -that only a short May. would take •
place He wished .neit only to' obierv,eupon The
time and manner of this.que-stion.*iieii& lorouOtt
'forward, but upon the, person by whom. it wash',
proposed. The'person by whom it was proposed
was undoulnadly •a-• most
,able aua respeetablt,'
Member of Parliament--but -‘the HOUSel'Only
knew him in that charmer--they did not itnoW
him as a Confidential Adviser- of 'the Crown;--asa responsible
_Minister. appia rett,". therefore,-
only like any okher MeMber Of Parliament, tnaks:
ing a Mation. without :toy respOnsibilitN:.. Ai-to
the Right Onn...Gentlethan opposite.to him (Mr..
Pm), he would nor be supposed to Say* cliapthe
:House ought to consider him', in the. present
aims ta nees as
.a Confidential Adviser of the croWn.. •
It ever there was a,.mitasurc for wlifth that,House
ought to have thg,recomniendertion.of the *Crown
through the .medium of reXponsible Ministers; ft
was irra ino:isure.which Went 'to' take away for, a
time the whole,Constitution Ottrehind, and ea.,:
ting the ptiwer
,of exerciiirig IVlartial Law. Into
the hands of the. Crown.: He ;wished to know if
any.Gentieman could state to him a precedent, of
such a ine6Sure ha-,-iog..oriiinited in the •Irish,
Parliament. without a ptenous: conimitnication
from the Crown I He, knew very well that the
Noble Lord had stated, 'ti ittitsrhen the.
cvntinnal, .or rather wive& in thu Irish Parlia..,

moat,. there was not a, previous communication
from the Crown ; butt in the-first instance, when
the Billwzs, het:l:lo4,Th, ir preceded by ;a
Message froiktke Lotl.l representing
His Majesty. in 'that -CDMltry. He knew ier-
fedly well that. in.eases,of kreat eme;:gency, die
Exectftive Powerhtd a right,to proclaim
Law ; but thit that must lis done upota the advice
01 Ministers, Who were responsible for the ad..
ice they gave. The Noble 'Lord in ttipportiris
his Motion would ,probably make out a .strong
case ; this wa,s whet he wished to ‘be' avoided,
more especially if the NOble Lord- meant to state
any new .gtounds_Or necessity- for the measure.--
Hew:idled such •kind of statements at. Prel;ent to
be aveided, as they could oot tie produtlive of
any benecial effiets. He had heard with tare
deepest. concern, that notwithstanding iheltapD-
efKts which were to be prOilyeed by the Union,
thrfaikiarys and animosities still pie vailed in Ire--
land to sua an unfortunate extent, that One C. 143
of People -at least had more cliat4 of obtaining
justice, from, the decisions of a COurt Martial thvi
from ajorkt .Tile,l44o,ls_ters of the Crown might
be in possession otlnThrtivition of Which the
House was ignorant—they might know of. de_
signs of Invasion, of plans of Rebellion—,-Lut if
they had any such intelligence, why not commu-
nicate it generally to the House in a Message,
and, then, though, for one, he was 'not fond of
reposing much co:liidence in Kinisteis, he should •
tel himself .bound g,ive a certain degree of
confidence. But .in.doing'so;,lic shoulil have tif
sktisfaaion of knowingthat if he gave confidence
to the Ministers, he •shoUld'.in return haie
their responspility. In- the present state of
affairs,• however, without communication or
inquiry; . he. should .contend. that the House
were not justified in taking.it upon tliemselVes to
assent to:so imporwt a lll4*Ce. it a ptoposal
was made for going into a Committee to consider
of the State
~of .Ireland, the answer. would lie,
that there were. Many eir.:mistances respeaiiig.
Ireland, A,hich. ought not at,pres.ent, to be reveal:,
el. As to the appointment of 3 Private. Coin,-
mittee, even that. wits liable to.ig're;.?..t ohjeAjons;,
so that, if this Measure reallywro,neceuary,"th4
HoUse must di` upon
,as -he
beoe, he tyished, it tp.bge :eiiftidenee conrelie4
With2responsibilicy... The 04.i.wie„cOuld..not .hut,
recoiled the p(dmisis henri),
the "Union traliquiliii.w: Ireland", that: it
w'r:Otild'pur
fellion was at an end, and that the.
WI14a:11. occasionett
• - •
hl heat d Irons the "Filree.-e',. -414
they v4.0,re."0_pw,....e.4-I,leilr4,on tri,. con; ens.
to a. 1-314,
"A: 132.1 i th-41ilpre5SiOn
still licand, ;106,
for the: protection, of the Lives Proper::
tied'aHis 14 sf r's. 1 .ny,
:find
‘‘ 'that(
whereas.a Conspiricy e•Xlstri fnr :the; deStrtgliAtt
otHis.lVfajesiy's
Noble. Lard say; ttlact,‘Circuinirances- %yew. tEe,
swine now as tlie\e were stated.- to be in the
.Ind prealtible to that:-`3lll ? Cie:minty he. Would:
nuts--I t thelast year this ...elhad:beett. revived;
by aßili which did not reeqptiulatc thelireamble.'
The;Noble 1..0rd would not say, ihat the Country,
wasin The situation described in the title and

preamble; when the Bill of revi% al was broilla
In, because the Irish Padiament was at that
congratulating the 'Lord Lieutenant upon the•
-
prosperous state of 'the Countrn at was after the--
question of Unibp had been Rist,--It,had bevy
staica, that this Bill 'would a ire,otl tite,,2sth;
of Match, bat that leas the case with a, gre? t
many other Pills ‘‘hoso-rbrdipyance was

.
more impryrtance,' hna- more
,necessary thitn‘,-tlitti
present. 'Bin What would be The I.ievance that;
would result from a.short delay cii! ;liiis,sqbjeEkkg '
a week or ten days ?----:Ii. appeared tikat in. tie.
~
.
-.high Parliament laSt year 'there wa's'llot,.364 ;111,4
pretension' froin MO t ial .. La w ' bqing, .al, cp.n tip
for a short tirriejor the Bill was suffered to expire,
.ml 4 he'eotild Alt N uOctsp-t hal : it , w.,e.5..,42E5 At) m.. ~
r
10
,n.,,..,:iad 'a.y.4os.eitperieticz fit.tiii,..o •xi ig,
Tirritited the mi tuts -4 lhe'Peopka,..Trej: 7-4,4, ' '
they-eciiilif not trust them for a. few:.
'-`
`,Martial 'LAw? ily• a . 'short . delay , . ~iletlyre;:,
would 'not be gin up, becauie the 'i)43l-4 oLy, 0,,
.:,
land wouldknow that it wa's onl,r; 4140;f9t ~.
a-
short tin*frony'ti* pey..oliar.c4N.nwia,t4:es. or. the.
mioincint ; and 'the Nlt.inconvoiaic.e w.citl4,li•-•
that for -a few days ril`d
.Martial: 'ivy. . Under' . these.; girwinstanixk, .
,r*. ;
~
;should more:..c-That•the ktot4 40Q4.w.'aifioui.n;,.41 ''''
. 'Lord CA4;77,110,1(.41-1,--,‘;i4..iirit:..ifie
'course whi ch'tlie' 1:lon. (.4n:t I e itl#Lo has. :ad(sl)fied:, * -
II thi,nk.niTself now called upon rov‘ack!.my resi,
;sotts'lo thellon S e fol.'
.proposteg ibis .medstrfl: 1.
'feel it, Ir,"a..inc)it painful pat:t,o(my d'uiy,, y. '
iie -undo.' •t 4, nec.psiity of pitiNsing a 14w—tli:a
'must trench upon the constituzioti- of :TrO:wd. .
..E'erymanncusi! feel a peculiar,-degree of reluc • : '
tancein introducing a-measute.that,is •unexampfled •
in the History of either Counriy, a.rd*.flie oiity •
observation I have to snake opon;that sUbjeft iss
that it was reservedfor-modern times, and far the
principle Orjacobinism, to vernier it necessary.fot
the Legislature of, the. ;Country to recilgt\ii.o '.
and establish a•syStern' not known ti.o,our Con'sii-
union, except when-Rebvllion was op-enly in the
field', NO man cm lament the exlatencg of that '
.:necessity more than. I dti—but, as it has nnfortit.:
nicely arisen, we must not forget our duty to 'the '.
.constitution. i- Also, sir, . feel a pccidiar cliffs,
~culty in being called upon to make this Motion
in an assembly compoed, isi great part, of per-
ilous who have no 1941 6-owledge iVliich can

carry that conviaion to their Ands whichsmvst,
I am sure, exist in the minds,, of all• those who
have been in that Country. Many of the. cir-
cumstances, however, which led to this measure,
cannot have escaped theik observation and their
recolleaion, There are in the 'House many
Gentleineti, besides those 'representing that part
of the United Kingdom, who have, is their mill
tary cApacities, been called into andfbr
*hose services that Country is much indebted—
:they, 'I am-sure,-must be convinced of the neces-
sity of what I am now proposing, and will give
their testimony in its favour. 'This is not the
first time that the Parliament of Great Britain has

been called upon- to ena& :Laws for the Safety of a
pair,. that Were not necessary foil. the whole of
the Empire. Very shortly- After the Union with.
Scotland, the Parliament of Great Britain, began
' to pass some Laws of severity' for the security
"tafScotland. It was a painful duty, but t.l_ey felt
-it an imperative one, to takestrong measures to
'repress. the spirit of insurredion which appeared
in that Country. I allude to the' Ad for dis.
• arming the Highlanders. This A& was -passed by a
Parliament 'as remarkable fgr its constitutional
, 'knowledge, as any-that ever sat in this Country;,
it was brought forward by a Whig Administra-
tion, and supported by the friends of the Revolu.
tion. I 'therefore only ask this Parliament to'
'=clo that fbr Ireland, which a former Parliament
did for Scotland.--I have most earnestly to en.
treat them, upon this occasion, `to lay aside their
own feelings, and to dire& their attention to ch.-
. 'cumstances extraneous to themselves and to their
• Country. I am sure ..the House must feel that if
'they do not aft upon this system; Ireland will be
in a most unfortunate situation indeed. It was
urged, and strongly 'urged.. against the Union,
that the feelings of the United Parliament would
-be so'governed by its sense of the Constitution,
that it would not be prevailed upon to adopt those
ineasures of vigour which the -unfortunate sittia. •
tion rendered indispensably necessary. I always
'ventured, in answer to thew arguments, to state
my reliance upon the wisdom of the United Par-
liament ;. for much as -they may be attached "to
the genuine principles of t,iberty, they will, 1
• am sure, feel that they can only maintain it by
vigorously-repressing the spirit :of Rebellion
Wherever'it may'appear, If they do not acct upon
this 'principle, they will riot only 'withhold from
Ireland those Laws which are necessary for its
.salvation, but they will instil apprehension into
the friends of the Constitution in that Country,
and prevent, their) from acing with that energy
vrhicly they have hitherto shewn, because they
were'sure of that support of a ' local Parliament
which the Circumstances of the Country rendered
necessary.. I' totally differ from the Honourable
Gentleman who spoke: last; in supposing , that
a ComMunication from 'the Throne is neces-
sary before -we' can adopt this:measure,' or
that we Ought to have instituted a previous in-
+Fluky by a Committee: The last examination that
took place in Ireland was in Aug.' x 798, and the
/tailor intruclucing Martial'lsaw passed in March
jtag.` trust that the House will feel that any
Member has a right to make any proposition'
Which he may consider as necessary for the Public
Safety, and:l hope we are norsomuch dependant
ution-conimunicatinns from' the Ciown, that we
can only art in consequence ,of them. This
,doc.
trine, if aged upon; would rn4e, the Comaitu-
tion' of England similar to the Constitution of,
France, where'nothing can be discussed that is
titer propOsed-for their consideration by the Exc.
cotive Government: But, Sir, Parliament has
cnristantly proceeded upon its own knowledge, .
urn the notoriety of the fa& it has never Con-,
sidered a communication from the 'Throne, or a
previous ingnitY.by a Committee, as indispensably
necessary,ilefore it adopts those measures which it
considers necessary- for the public safety. 'The
'Habeas Coipus Act has been suspended upon the ge-
nital cOnsfielloti Of Parliament of the necessity of
the ineaStird,'without any communication from the
the.year i'7.96, it was. suspended in
Ireland 'without any previous communication_ froth
the Throne,. arid therefore, §ir, I aniiionrided
in saying, that Parlianient, upon partieular oc-
casionq -have not gone into inquiry .where they
have had grounds to satisfy their understandings,
of the necessity of a measure.—Sir, Tam notio,
ingto propose; in the
,present instance, (o con-
tinue this' tr4asure for a longer period than three
months, and if Parliament thinks an inquiry 'le_
cessary, and can with propriety be instituted,
"for one can have no objection to it. If I ,am
asked'Why '1 did not propose one before,' my
swer is this---The necessity of the measure is so
imperative upon my mind, that I did not think
any previous inquiry Was necessary.. It is Open
therefore.tofarliament to institute an inquiry if it
thinks prqlet ; but what I deprecate is, that this
measure, of imtnediate and lirge4rnettssity, should
be suspended, while the inquiry is:going on. .
think.l may, with confidence, call upon' this
House not to' reverse that Sy4tein ofconciud'which
the' Parlianint of Ireland, -tipOri 'Mature' experi.-
ence, 'found it necessary to adopt ; 'abo've all, I
call upon this House not to reverse that" iysteni
without "inquiry, and without leaven; the most
aatisfaAory Evidence that the riecesSi(Y of the
measure • no • itingee.cOntintlei. I will how; Sir,
proceed' to lay before theft-louse thoSe 'circumstan-
ces have conVinted Inirid; and will,
trust, convince them, that Vie. are fully authotis
ed to pats. this Measure-,- 'Without, either a Corn..
rriuiucatron from the Throne, 'Or an inquiry by a
ComMitrce.. aal well awarei' that if a-Relti_
Beth. aeleally exists, we do not 'want a taw of
this 'deseription, to authorise" the Executive
Power to eXt.'reke Martial Law, because it is an
undoubted Prerogliiive of the CroWn to
.prooaioi
Martial Law' in the ease of Rebeilliati.l admit this
most undoubtedly, and /alsOa&i:ce, that when gre'ut
potier's -ire trs i
be cxercsed CrOfti;.-it Is the
) , o
more constitutional w exercise that 'poWer
upon its "own:, responsilnlity, and afterwards to
come to ParliaMent for-aninaeinnity,. rather- than
to apply to Pirlianieni in the first
Rebellion Irelaed broke out in the month .4
May .1 718, and immediately a rfoelaniation.Was
• isSued,- antlioriSing- the enrcircin( of Marti ..!
Law, and' under 'that Proclamation it was exer.

cised tmtil tim, without any taw having been
passed by the. Legislature for- that purpose. Nis
r sTY'S 'lVlinistetraAed' Upon that o.ccasipn,
'upon 'the conviaiowthat they were authorised in
the condUel they adopted by iheisIIING'S frerogn-
aftd• they-depended for—support upon the
Legislature oldie Country,. if it should appear
that they had not gone beyond -that which the
Ci rem m stances-of' the ease-required, His M A
•JESTY'S Ministers then found themselves 'in ,this
situation, that they must either withhold from a.
great partof the Cduntry the- 'advantages isf-Mu-
nicipal' Law, or they must deprive it of the
benefit that would result from the exercise of.
Martial They Were thus reduced to
the necessity of suspending, either the one
Or the other, for it was utterly im-
possible for the Military Officers to pro-.
ceed. .in the execution of their duty, if they
were liable to be brought te, trial in the Courts
of Law, for measures which the.txigency of the
case compelled them to .adopt ; and in fact many
instances did occur, of iridiameritS being preferred

, .
'against Officers for afIS whiCh. they did in Ob'e-
dience to the orders of the, LordiLieutenant.
The Rebellion, however, at one -period became so
general, thht it was inipossihle for the Cdurts of
Law to sit ; but when it was in some degree
checked,,:and different partsof the Country were
restored to tranquillity, the, Courts of • Justice
again resumed their funftibns. The first place
they began to sit was in 'the Metropolis,. and
when the Court of King's Bench ,was opened,
'variety of applieatiOns were made to.* calling
upon it to interfere with the exercise of. Martial
Layw in.parts of the Country in which the Re-
bellion was not extinguished. Afterwards, as His
Majesty% Forces succeeded in putting down the
Rebellion, the Cirebits were held', and the Courts
sat under the proteetion of •a "Military Guard
•and though they were able in some cases to ad-
. minister .the Law, yet they were unable
.to ad..
Minister it with eireEt;,with respea to Treason
and Rebellion.—Government,.' therefore, found
itself, as J before stated; obliged either to suspend
the one or the other, and it was in 'this situation
that Ministers applied to the Legislature, 'and
sta tecl' the peculiar naturebUthe eircurns cane:is in
which the Country stood. In former times, when
Rebellion ,unfortunately existed) tvlien the Re-
bels- were defeated, they, submitted ; but it' be_-
loits to the genii's of jacebitiism, that When 'it
is put dOwn in the fieldy-kwill still continue to
Ali& the Country by a speciei,of warfare peen-
liaC to itself----a systein NMI), less fatal to the
Lives and 'Properties-.Of His Majesty's Bubje6ts,
than open,Rebellibn- in 'the.' field, and more diftij
cult • to; be . contended:, tigainst.' If Government
had proposed to Parliament to shut the king's
Courts during the touttitiance of the Rebellion,
it was to be-apprehended 'that the whole King-
dom min-ht-for a long time be deptived.a the ad-
varitage of 1111ttilicipal .Law, thotigh "there were
parts of the Country in which, from,their trap:
quillity, it might safely he exercised. it was* in
this .situation 'that,'Parliament felt that it enttla
not, consistent With,its duty:, deprive the 'Colin.;
try of the' security which it would- derive from
the continuance of Martial Law, at the same
time that the Counts of Law were to b;:open and
tb aft where :circumstances would' admit ;. and
they passed that Ati,for: the continuance of which
I' am now about to move. Rebellion is not less:,
Rebellion becanseit is partial.;'-it is nbt necessary
' that it 41tould cover the, whole Country ; but if
Martial LaW.had not be-ea exercised, that which
Was partial would have)lecn zenetal, and terror
and dismay would have per' vad4l all the loyal and
well-afreeted part .of. the COmMunity. ff the.oo,
vernment couldook have. atTorkled prote6ion, it
could iipt expeet allegiance. !G:overrirnentr, there_
fore, :in. proposing . this measure. to Parliament,
did not widi to avoid respuris4ility but they
e wereompellcd to adopt it, fro tkp,pe,cUliar si-
tuation in which they stood,
,and.the exifaordi.
_ .
nary nature. of "41e Contest 4ich; theye.44d .io
maintain. .It now. remains for ,me,.,to state . the.
reas,ons why - j thirk.weought ..under the resent
citputiist4nees ~o Ireland,. to continue. this Bill
for.the liigitcd period'which I mean .to, propose:;
'Every GenilemAn who ,;has read;and ,recolle6ts.,
the eport of,:the..Sscret.. Comm. jape Irelan4,
will, lam sure, !green with me .thinking -
that such a' c'nnswacy. was,
as, there,. could
not soon be .entirely "destroyed-,--a Conspi.
racy such as the ;'History of the Civiljzcd
World affordsmo example of, and such a one as
no. Goverarnchf, withouilhe most..etsaordinary
efforts, could survive. . A Government that:
watched,. contended against, and dissolved such
Conspiracy, is. entitied,.l-thinicit will
in 4ted, ,to rhe confidence :of the Country. the
Rebellion which atose out of this Conspiracy,, we
shall be able to prove, has at -tin period been, en-
titety discontinued. , Fron) the time Of the pass-
ing of file 13111 in,Mareli.,o99, up to.the time of
its revival last ,year, ~persons' were constantly
'tried under it.. 1 wish 1 could slaw .that txpe-
;rience had shewn.,that its reNtiyal,,..had not been
'necessary'; be far from Considering :it
pan imputation upon 444 government for propos-
ing the paSsing am sorry to state, that
from that rime 'to* the.,present, ,persons. have.,been
:constantly tried
.During ,even' the last
;three =wits, diffelcut parts of,the Coutitry have
'becn 94 (14E01)0, that the _Lord 3.4etitenant has
been- obliged Ito enfsirce -the- exercise -ot,Ma
Poring ;the :last three months; tib,.less.•
tl)ansixty-Sevetit.persOnshaci been triedlay.Courts
Martia4.-Of ivhtior thirty-four had been Condemn-
,e4 ; the greater,vrt of them were triedSor 'at-
.tual !ebtil!isiti„ and. the ot:iers ,for. crimes" of
thecourse of the year no less
0, 4112°7Tn eons wpre,` trie4, and this. is a
eboiy pfoof:of.'the continuance of .•,the spirit of
.Rebeilion; and of, the' necessity of;thii tneasure.
1 ani sure, any man teho.lcnows the Noble Mar.::
quis, who' is. His ';`..lajesty's. •Repre.sentative
!eland ; sure this House will trot suspea
him of uonecessarily.exerclsing the pow,et en-.
trusted in hit hands; • • •

(1 re 114 re, was a grneratery t2l'' f 6 Hear !
frbd-efurly part.of

" fiaCt:to he called: Bill
able tilt Courts of Law to bit; tatber than a Bili

to eentinne Martial Law ; for no till is necessary
to enable the Sovereign to exercise Martial Law
nieXisrs. But this is not It ; it is
notorious, that in the Distrids in which Rebel_
lion has preValled, the principal efforts of the
RebOs have lien-diridet agathst the adMici-
•s'tration of justice, sot much so, that it is with
great difficulty persons can be prevailed upon to
attend-as jufors-•or -to appear as tile•filie6
and, , under these circumstances, the difficulty ol
bringing persons to' trial, before
_the 'Courts of
L.Ke must• be obviotis.' There is •ahotlier-ai-
cunistance which I must mention, Gentlemen
wilt see in theßeport ofthe Committee, that the
Rebels hare been!in the'''cons-tzint habit ,of trying
pers'onS'hy Courts.rvla'rtial of their own, for %vhat
,they, call disaffedion: to • them.; therefore the
House must' feel that it is impossible-10 bear.up
4 aaainst a system of tuts nature, if
.you can Only
-
'oppose to thenathe ordinary efforts of theMuni-
crpal Lay.% • •
-• '' But, • arduous as the task was, which the
circumstances that arose 'imposed upon` the, Go-
vernment of Ireland.; it was a great satisfadion
'to refled, that through the:energy of this Law,
the Temporary continuanceof which, is the object
•of_my Motion, the evils to which I have al-
luded, have-been very much' circumscribed,
though far.froth being cured. Sir, in the course
of the hiSt summer, the County of Antrim, and, '
in.the course of the last auttunty and •the begin-
ning ~.a•winter, the County of Limerick, and ,
tlfei mountainous! County of WickloW, have been
considerably disturbed. But, in: the midst of
all, I have the satisfaction to ante,- that. owing
to
.the effedual protedion which Governthent has
afforded,. tranquillity has been generally restored,
and a degree of `vigorous exertion has •been put
forth from the .rnornent when it was found dm,.
Government, was in a capacity Of rendering effec-
tual silppOrt..- It` may be proper to add, that. the
Continuutice of this measure,' conferred no new
power upon the crown, it went simply.: to
strengthen the hands of Government to pu-
nish. ltebel lion by Martial Law. Parliament was
not called upon by any, pressing necessity rwea..
'graft such a measure into the general system; and
on this acempit, it seems more eligible tb 'eptrosi
the execution ,of the 'measure with the Executive
Government Where -respooibility was connected,
and which hitherto given every Pledge that
• thepower romthitted to
,it will not be" abused'.---
The House, Sir, will; I trust,- feel that the sub_
jest has :already had sufficient -security that this
power.will not 'be abused; 'and' that they have
every remon to roly on the farther continuance of
this confidence: l'or; in thefust place, there is
;he watchful superintendance of Parliament. Al.
.though no insinuation has been thrown out against
the pendent .administration of this Law, yet-I
must say, that had there seen any just, gtounds
for suspicion, - the vigilance of 'Parliament Would
pot have omitted to institute an inquiry upon this
subject. ...Besides which, it is to be considered;.
Ult. with respect to the Officers who constitute
a Coort.Karthd, they arc upon their oaths, which
ought. to'bilteOrded as,anadditional security of
(beir".adifig adirraing to their duty.— Add
to Arhielr; you have the additional -security
Of the Lad Lic6tenant's revising "their proceed_
ings,`Und' it rests with him to refuse to grant
his-tandihn, tilr.litispreViously satisfied that the
crime Charged 'and proved is a Rebellious
We havellieteTor evety security afforded that a
Law so contrOuled by Parliament, and by.its own
,nor:be abused ; and, I trust, Sir,
that while 'We thin' thiS Hottse due care will ever
be.taken,thae•SuelipoWershall• never be abused.—
, After all, I am free. to ackuOvaedge that there is
no man who, ralneS the Constitution but must own,
that by thit-mcasure there: is, fora tithe, a surren..,
!der of 'CdnitirOonal Liberty. The Question re..
solveCitsellintorthis—Wittller :a
necessity for
continding this'ineasure idually exists, and if. it
does; exi; t, whether 'the remedy how .proposed is
the. proper one td meet the' :evil t If this be
proved; and that a fettled), InAt be proVided, it
urea' hecothes- our indispensable .duty lto-„agree
to a temporary departurd ,the principles
which. We • should ',.otherwhie .aft. upon, !if thi.y
appear to us•neeettary. to the, preservation: of the
Constitution it;elfi.. perfedly-agFee, Sir, .that
no Strong -measure ought to; be taken Irithdut
an exiiting ne7ceskilY; -and:th4t, for no longer a
perioLFthan during -ite.'e::4ring necessity ;• but
trust' that it will appeal-. to. this Flouse.that
such a necessity, fdr . the seoNnUalree of -fliii.rnea:
sure does acttialljs. exist ; that there.
does exist a virtual' principle jn the' Censtitu-
tiirn to gttard-agrrinst the -abuse of such a measure;
Sir,:if we reierrio.antient'amittmentg; we shall
* find''' that t hok. 'effiblislied upon the freest
principles,.are.. those ify.litelt .. hate afforded
stances of the greateder6lit ion.oftrust upon
' paftictilar.oc,czisi?rts';',l:2,4oT par titular purposes •
and,: believe it -will.d'.f(nirtditaxlA hiStorY. of
other Cotintries,..-that.:%gterticr .the :delegited
Q6verhinent has-notheeksusrlicrntlystrengthened,,
rahe• proportion !tlie,,i,Ciivitoment'hii.lost
its •eliergyti: and -mire ie e•virjghstpren,ltliat Cie
Representatives in'yParliament were o :dead to
tlic.trust delepted to them, as not to eXereise
aothority reposed in theti-4,1 'believe; sit, that
the Contituttorral Trial by jury'itselt woaid soon
he destroyed: acynowle`die, Sir, that 'there
have been cases when a tetnporary suspension'
of..the."l by , Jury. has been adopted ; It the
saute time,
..it •is some, col) soI a tioi.to.Ve)flat, that
the pres6nt is not thd moment %%Ten the benett
at trial by: jury is the:. mOst likely-to- be of
benefit:to Ireland—at a time when it is agitated dlvisions and personal 'animosities. -Nap,
Sir; "'Vs il! go farther, and advance,, that the pre_
sent,': .4:•thothent whenstich ti Trial would- be
exercised' t7vitivatriinetit 'sat a moment when, in
~
.cOnvieling'ond cruntnay perhaps tWeive innocent
persons might be InvOlred.: It. is, Sir, impossi_
biebut that, the present. situation of Ireland, must
giye.rise,to vatious.qinions upon what System ef
optics is bett ;• but all sutli inquiries are of a
mature different from the present, which reSolveS
Itself into a measure•OrPolite. Upon .t revenuer, '
,Inquiry;.,sentitrients vary according to rho:
iiirrerent eirettihstances oflhe Country.
amidst all these variations of sentiment, I appre-

bend -theft can be but ocr, whir: it this—That
wherever Rebellion exists, it must be met by
energetic measure's"; "and upoti this point, I know
of no other means so likely to answer the pur-
pose is that of Martial L'awa The tendency of
this measure is,' to prevent Rebellion of a local
nature from becoming general; and to remove At;
necessity of employing the King's Forces against
_ .

a greater number-of -His
• leai. • flelleVir3iri7ll7thre.., is iut one 90.
nion, that the Noble Person -Wlio-has lieen 'attu.
ally' tritt usietHvi ti-r
-t Vtritiferit
has the u hf :his, ~7.ipfpgrrant,
station ; but I am sensile._that this measure mast
stand
.upon Public Princililts, independent of the
charatter orptincipfts /if any' itAvidual. Upod
the whole, I` have felt-it, thy duty- tb propose the
present measure .to this iliatise.;---Much might be
said in:favour of ;that Illtirriops:rerspo- who ex-
,ercises the .t3l,:eriftneut pd..,
that thei'e is no individual who has more ext4n4e
or • consolidated the strength 'of
~tfhe. BritigrEm..
Pire, in various`, Parts qt -The.fofl4 than tl;
Nob!e Lord ; still, Sir, perkuaded :ttlat_nDp-
thing will ;44 greater Instre to
.his Ailrani:%tra-
tion, than the care, vioilance, hytrtanity autfztO
'with which.be has 'dis4barged the. important and
difficult office Of !be_ acltriinistration of the co-
-ernmerit .bl slieland.r-Sirl it was not likely
that a CcinspiracY of the nature _to Alligh have
alluded,: and of so general a tendenck,
put a, stop to without time efrusiOn of blood.--4-
And so long 'as the
the
War with our riemy
exists, and_Whilst the disaffe%c.ted in., hcland en-
tertain any , hope of ssista vice -from that .Enemy, it
must not be expeCto..btit_ that eyilz4oers sr ill, co
tinuc, and, in faa such do ekist unto the pre-
sent day. I. re-el myself bound "Co. call upon this
House, froin the-circuinstMees Which I have al.
ready stated,- not .to suspend the operation of the
measure agreed-upon by the Irish Parliament,
without tt least 'being :satisfied of -thet_vre-
sent tranquillity of Ireland. Sir, the obleer.,cif
what ',now propose;' is nmerelsr -WC
prsefrt" ASR for the space-Of-tilt& ntobilis;!firidp
during that. interval,-none cao:telluirk clA9i o'
than.' myself; that the mast minute inttestiPi:.,lll
may be entered inttrieiitiettlirt*•7alrlirisbf44e
Whea the .sni,m7ant
whether tilisl.eaw 41,11l.,4eAult.heyviiive51, .41,11(if
be incumbent-. 444. wl!0,1141.1
Goverriment c3ctsider..lo*..4P4,
ma y p rope r.. to,b kiipg w ard Iktons io nr9t
this
be • Mote rat i fyi n :A o -my the to
cause to stTersede the necessity ineas4l4
but upon this pint,i.coniess I' am 115 Ncs
-
guine.—l. ,w'44411: .oAly.' :add, . iti..cc,opee.i..
thin with presE.w.,"•; intnii4e
to move, another .%
,rneastiFelbeidiutry "tp
theee arc tpersilei present stn 1.-rci4.94#
under the -suspelision .of the ~Habeas goepus..4o.,
and_ ender the custody
bo leave these.. inilivid4s--ttridertich, custody
and to exempt them froat tl!‘"%prov4iois4
dal Law. for this‘purNse.l.propcise to-mm.oo
to move the Suspcitsi9l:..'ili the
Aft, unto the same -period. that I%in.present pria•
pose the Continuance.; of Martial' .Law iii Irel
land.'' • .
•

The SPEAKER said, that the Question which
he had now to•put was Tilat the no'
louse
adjourn.
LAUREIVCE PARSONS- that he
begged it might be understood, that in rising to
appose the Dill. moved ,for 'by -the,. Noble Lord,
he was aduated,by no desire or-disposition' to.
oPPote the measures oT the 'Executive Go..
vernment. At the same time 'he . felt. •it-
cumbiot upon him to go-somewhat 'inorc.:par:
ticularly • into the consideration of the present
question, notwithstatidirirthe Motion of Ad.
journment. It was his opinion originally, •that
the present meaSiiter-'was unnecessary,
whenever the' disorderly condo& of 'the pro;
ple rendered the exertion of some ,strong
measure of 'importance, • the. Executive Govern.i
meet= was. already. invested power to
eieicise its prerogative. -d)uting. the Trish Atli-
rninistration.of Eael C.IIVI b tr,-. that Noble Lord
had aftually proceedeA Upon, tbis principle; and
thereby he kept down the Rebellion which-there
prevailed.ln so doing he 'dia-his,diiy, and if
'he had tiegliited:Ao to'cleg' he woulci• adually haii4
therefbre by fl
meant ad %*,.erie' that- !the- Power
exercising Martial . Law ought. to be•lnvested
With 'the -F.zeetit,iye.diVifttrientfAci,hets, nees-
sary. With regt:rd tolthe;Reevent.--Bilt,A3i musebe 'coil' idered, wOfoictijoitill. of- iecni-eithee
•
as unnecessary, or the pev e- f—ttftineccesai•Y Of' 11"
went 'merely to atithOtlitAlie;Ekei.iutkie.o64rn'
meat to do that whieWit to:titytif-4§,"90,‘'
accord`; thise.r.;!.bohot.
tried qcoi-os -Martial who ti?`„ailL. •
tried by the'ltiVil: tdetf44
resblVed it4lfointo 3his; :vtileth-,:its4the .Clltul
or JT-tice'''\442toliiiiißeirrtiptrti in theirlx*
rKe
ce:ture ?--11 th'e:;.tiontraty• of tbilckrt
-
ledgeti, then.*** tett tto• CerrAlcr..i*<ts.xeptttit:
nAtie to.the Natiotis4 lc!
try those by Courts Martial %010,64iht- -to,"
trier)y';‘thi Civil Court..., '4.1it.44-i4hve ivi-sbcfl4°.
state Wks upon • ,stirs- v/2,1 9
'that cti;t}rs 'the yeaYsi, :he` ju,lgcs
re<ittlarly }el their irigts of ••Mtlixts74;
•
ever}'' afrinde'rstol6 catde.,befOre-thern,
evercitedthe -'44v • WithOuttam; xeeption,
that frohvorte •tbiiier Of thegsapntry-to
the others-
After this itatement, he, sc'otifd ,:leay,e it to ELIO
Holt:.to
_judge ittivii•:riiuchl'hittrized he- was *1::
one a'..ertion of the Noble -1!ord, ..witen he as*
signed as One reason foruleasoret-
thatjtiries in Izela nit pither,coxad ilet.befvurld,
that 'the): were 'relyd'ant their-.ta•dge• duty. Fl6l
of the. Noble - lord .td rpiPt
Out
.4i -what counties- 'the- ittrie were -hacks
‘varti in dOirtg,thei,r..titity ? Sq fax was.ilift-froff'
• being the ease, that he had been tokl. --that if ands
• -was. -$0 -he2f6iiud in- the Juries of IrOa°L-
it was,- ihar.they were too prompt in doing the
duty;. , He jc.ziewupon govd.groundl
ASsizes -holdsti ;it WexfOrdi ‘ithere t Reba
.persorgi sores.. meta -the • irT r;
fur 'rebellious practices; trembled wheP tiler