The Sun.
London, England, 1850-02-19 00:00:00

DOLLY'S BR AE.

Lord STANLEY rose to move for copies of the cor-
respondence between the chief magistrate of Armagh and
the Executive Government, in the months of June and
July, 1846; also copies of any instructions to the con-
stabulary in reference to any processions expected to
take place on the 12th of July last; and of instructions
to the stipendiary magistrates who were specially sent
down to Castlewellan before that day; also copy of
official communications from the stipendiary ma-
gistrates and constabulary officers as to the proceed-
ings of the 12th of July, 1849, in any part Ulster; also
copy of instructions to W. Berwick, Esq., accompanying
the Commission of the 27th of July, 1849; also, copy of
affidavits of John Jardine and John Porter, flied in the
Court of Queen's Bench in Hilary Term last; and of
the report annexed to the affidavit of John Porter, and
verified thereby; and also, copy of any official report to
the Lord •Lioutenant or the Lord Chancellor of Ireland
of the proceedings at the Petty Sessions held at Castle-
wellan on the 11th of September and the 9th of October,
1849. He assured their Lordships that he never
felt more in need of their Lordships' indulgence
than he did in bringing forward this mo-
tion, vehicle went to impugn the conduct
of the Lord-Lieutenant of Ireland. He did not impute
to his Noble Friend any personal impropriety—he did
not impugn his motives, for he believed that throughout
his administration his Noble Friend had been actuated
by the highest motives; but be thought he had acted
without proper discretion. He had also to impugn the
conduct of the Commission sent down to conduct
the investigation, and also to impugn the conduct of
the Lord Chancellor of Ireland, for not protecting the
magistracy, of which he was the official guardian. He
felt ,:ho had to labour against prepossolsiona which
their Lordships entertained, and in which he joined, against
unmeaning processions, vc hich tended to exasperate
and renew political animosities, to promote breaches of
the peace, and sometimes, as in this instance, to occa-
sion loss of life. As a proof of his detestation of these
processions, he would remind their Lordships that
he was himself the person who had introduced
the Processions Act which had expired in 1844.
Ile hoped he would not be considered as holding any
undue bias in favour cf Orangemen. lie believed them
to be brave, religious, and loyal, and thought that,
although there might be unworthy members, as a body
they deserved the character he had given them, and he
believed that the Crown mightalways rely upon them for
the defence of the province of Ulster against all enemies,
foreign and domestic, but he admitted that their orgen-
izetion might tend to fostar religious and political ani-
mosities. He would now rapidly relate tLe facts of the
sese to which he wished to draw their Lord-
s:Sips attention. It was well understood that on
the 12th of last July it was intended to make a
large Orange demonstration in the province cf Ulster,
Notice was given to the Government, and two stipendiary
magistrates, and a small body of troops were sent down to
Castlewellatefrom wheneeit was known that a large Orange
procession would set off to go over Dolly's Brae to the
park of his Noble Friend near him (the Earl of linden).
The pass of Dolly's Brao might have been guarded by
a small body of men against a larger number of per-
sons. There was another road passing round by
Dolly's Brae by which the procession might
.have
gone. Before the Orange procession appeared a small
body of troops occupied the pass of Dolly'; Brae, and
soon after a large body of into, armed with scythes and
guns, appeared, and finding Dolly's Brae occu-
pied by troops, emerged in the vicinity.
The Orange body, headed by the police and accom-
panied by women and children, passed in proces-
sion, and by the exertions of the authorities, of the
Orangemen, and of two Roman Catholic priests the pro-
cession passed without a collision. The procession having
passed without interruption, it became a question whether
they should return by Dolly's Bras. It was determined
that they should. The cavalry, unfortunately, had been
compelled to leave the pass in search of forage.
The Ribbonmen continued in occupation, and
the two Catholic priests furnished them with
bread to keep them together, and also gave
them a blessing. About an hour before the time fixed
for tLe return of the Orange procession the Ribbonmen
took up a position which commanded both the pass
of Dolly's Brae and the other road by
which they might have returned. After having
had refreshment in Tollymore-park, and having
been addressed by his Noble Friend, the Orange
procession returned by the pass of Dolly's Brae, where
the Ribbonmen had taken up a formidable po-
sition. After the Orange procession had neatly
passed a squib was let off. This was followed
by two shots, and then there came a tremendous
fire upon Orangemen, policemen, and military. The
fire was principally directed against the police, who
with great gallantry charged the Ribbonmen, and
cleared the hill ; and it was the opinion of several
officers, that had not the Orangemen taken the
Ribbon rebel hand in flank, the position would
not have been claimed. He called it the rebel band
because it fired upon her Majesty's troops. He admitted
that afterwards some of the Orange party were guilty of
atrocities which he deeply regretted. Houses were fired,
some inoffensive person was put to death, and ho was sure
that if the perpetrators of those atrocities could he dis-
covered no one would be more rejoiced at the =cum-
stance than his Noble Friend. Shortly afterwards
informations were exhibited at the Castlowellan sessions
against certain persons for attending an illegal proces-
sion, which were refused by the magistrates, and there-
upon the Government removed from the commission his
Noble Friend the E arl of Roden and Messrs.
Francis and William Bears. Ho thought there
was a prima facie case to fortify the elis-
missarof Mr. W. Beers, but Mr. Francis Beers hadin-
terfered during the conflict to preserve peace, and had ac-
tually, in one instance, saved a Ribbonman's life. The
only offence alleged against him was that he did, in Lord
Roden's park, put on an orange ribbon, which he took off
before he left the park ; this, together with the fact that
he was present in the procession, was the charge against
him. The charge against his Noble Friend was
that he had received the procession in his park,
had addressed them, and had refused to re-
ceive the information tendered at Castlewellen.
This, he contended, was not sufficient to justify their
dismissal. The dismissed magistrates had no rea-
son to know that the procession was an illegal
procession, and they had every reason to be-
lieve that they had the permission of the
Government. The Procession Act had expired, and
there was no law rendering processions of that nature
per se and ab initio illegal. The Government had, how-
ever, sent down Mr. Berwick as a Commissioner to in-
quire into these transactions, and on his report—not on
the evidesce as given, but on garbled Pxtra-,ts cf that
evidence—the Government decided that there was e case
to jtistify them in tai misting T.ord Roden from the
p,,l.‘e, Th, I- 7
number of extracts from the evidence taken before Mr.
Berwick, for the purpose of showing that it was the
general opinion cf the magistracy that party processions

were not in themselves illegal, but only so far as they
tended to cause a breach of the public peace. lie con-
tended that this was a perversion of the evidei ace given
before the Commission. But Mr. Berwick lays down as
undoubted law, that persons combining with a deter-
mination to oppose by force any resistance thee might
be made to them, were guilty of a breasts of the
peace. This was a most monstrous principle to lay
down. What if persons were to assault !inlet dully,
would the party who were acting lawfully bee guilty
of a breach of the peace if they resisted? Most
certainly not. To say so was to announce a molastrous
absurdity. The Noble Lord then referred to the fifth
report of the Commissioners of the Criminal Law, and
a decision given by their Lordships in the ca se of the
late Mr. O'Connell, in which it was laA down tb at inti
midation in defence of the law was legal, and that no
party could suffer who acted as intimidators. 'Thus it
was shown that Mr. Berwick's Jaw was a violati ell of the
first principles of law. The Noble Lord then referred
to the conduct of the Lord Lieutenant in April and in
May in 1843. The Orangemen were then calleo: by him
" loyal Orangemen"—" loyal Protestants." In steer, the
Orangemen were flattered and petted in 1843, nay more,
they were trusted—(Hear, hear)—and it was owing to
their loyalty that the Noble Lord (the Lord-Lieutenant)
was able to withdraw the troops from Ulster, to put
down the incipient rebellion that had occurred in the
south. T,o Noble Lord then read a letter mil lressed
from the Under Secretary of State of Ireland, eulo-
gising the Orangemen of Ulster iu 1848, and con tended
that the Orangemen had a right to consider that
they were perfectly justified in holding their
meeting. and walking in procession on the 12th of
July. If these processions were illegal, tb ey were
us much so in 1848 as in 1819. Yet, in the
former year they were countenanced by the Govern-
ment. The Noble Lord then referred to the fiu.tt thy,
the Government had been apprised of the intention of
the Orangemen to walk on the 12th of July, and. yet no
steps were taken to prevent their doing so; nor Si 'AS the
Earl of Roden told by the Lord Lieutenant, with whom
he was in confidential communication, that if he rs,ceived
the Orangemen in his park he would be guilty of an ilk-
gal act.—(Bear, hear.) The Noble Lord then proceeded
to contend that the Commission appointed by thti Lord
Lieutenant to take evidence in reference to the Dolly's
Brae affair, was illegal. It was so contended. by Mr.
Whiteside, the eminent Irish counsel, on the ground
that the Commissioner had no power to administer oaths
to witnesses, as they could not be indicted for perjury.
The Noble Lord (Lord Stanley) quoted Lord Denman,
who denounced in the strongest terms such a teourt as
that constituted in the person of Mr. Berwicic. That ;
gentleman was not only judge, but prosecutor and jury,
and if there were any culprits before him, they* were
the very witnesses whom he had called before, him to
be examined. He said that the conduct of Mr.
Berwick in that matter was without any war-
rant of law, because by the publication of that
evidence those party s were prejudiced wh 3 were
liable to be put upon their trial. The proceeeFngs by
the Commission were not only illegal, but the evidence
was obviously partially taken. This appeared from page
five of tee report; for it appeared that the reotesonta-
' tiou was first that the riot was caused by a s.raggling
party of Orangemen, and it turned out in the evidence
h.( fore Mr. Lerwick that some Catholics had be gun it by
firing a few shots. This was only ono instance of a bias
which pervaded the whole report. Another h ad reit:r-
eam to the part taken by Mr. Berg in these occsirrences,
Mr. Berwick representing that the Orangemen were mus-
tered in strong numbers around him when the ITO kg irgrates
arrived, whereas the Let was, that he was early on the
ground with the magistrates for the purpose of prevent-
ing any breach of the peace. Then with regard to re-
turning by the new rather than by the old road, there
was a direct misrepresentation of Mr. Morgan's evidence
on the subject. The fact was, that Mr.Fitzemurice, a ma-
gistrate, was sent by his brother magistrates to advise
them that there might be danger in returning by the
same road; and if that advice had been adopt, sd tbe ca-
tastrophe would not have occurred. Mr. Berw'ick, in his
report, had omitted the opinions of several stipendiary
magistrates and military officers upon the point, which
had a direct influence on the question, and tended to a
result diametrically the reverse of any which c ould have
called for the dismissal of Lord Roden. The priest him-
self laid stress upon the importance of keeping the body
together, for as long as that was done their' joint inter-
position might have prevented mischief. These gentle-
men e ore of opinion that the old road was by far the
safer of the two, notwithstanding the position of the
Ribbonmon on the Magheramayo-hill. In another mat-
ter the report of Mr. Berwick was quite contrary to the
fact. Mr. Berwick stated that two Roman Catholic
clergymen exerted themselves, without effect, to induce
the body to return to their homes. Now, those priests
did no such thing, and they said they did not. Mr.
Morgan said distinctly that he told them to go away
from the place in which they then were, but did not
tell them to go home, as he was afraid of the conse-
quences. The Commissioner then goes on to say in
his report his balance of evidence is in favour of the
conclusion that a squib or rocket was fired
from the hilt; whereas the evidence was rather
the other way. On another point, Mr. Berwick
wrs apparently extremely deficient in the acumen which
ought to belong to a man engaged on the important
business with which he was entrusted. An unfortunate
follow being found with his head broken in, and his eyes
protruding, Mr. Berwick, from that evidence alone, took
upon himself to say that this act was done with an
Orangeman's musket. He would admit, in his Noble
Friend's presence, that after these events he would have
exercised a more sound discretion, had ho abstained
from sitting as a magistrate, to decide upon cases which
so originated. But this was only an indiscretion, and
afforded not the shadow of a ground for the removal of
his Noble Friend. It might as well be said that the
Noble and Learned Lord on the woolsack was liable to
an impeachment in that House for having given judg-
ment in favour of the Grand Junction Canal Company
against a private individual, because the Noble
and Learned Lord happened to be a large share-
holder in the company.—(Hear, hear.) Mr. Ber-
wick, at the petty sessions at Castlowellan, when
he found the magistrates indisposed to accept
his view of the law, persuaded them by a species
of bribery—he did not, of course, mean pecuniary
bribery—but he did persuade the magistrates to coincide
in his opinion, that if the defendants were convicted, the
penalty should only be a nominal one. He wanted to
know why Mr. Berwick was at those petty sessions at
all; but being there, if he were in the least desirous that
the law should have effect, he took the most effectual
means of frustrating it. It' Mr. Berwick were dissatis-
fied with the decision of the magistrates, he might
have procured a mandamus against them from the
Court of Queens Bench; but Mr. Berwick did no-
thing in the matter. lie did not take a single step to
give effect to his opinions. On the 2d of October the
new Act of the 12th and 13th Victoria came into opera-
tion, an Act entitled, " An Act for the Protection of Ma-
to do any act which they were re-
u"ldwbheich provided that where justices
lawful for the party to apply to
gqo
fiusittrrheaeat
pe
in
dne
refusedlreland,'' lasnh
o,d
the Court of Queen's Bench, on an affidavit of the facts,
for a rule calling on such justices to show cause why that
act should not be done, and if good cause should hot be
shown, then the Court should make the rule absolute;
and that upon the justices being served with a rule
absolute, they should obey it, and do the act which
they were required to do. Now, that Act of Parliament
gave Mr. Berwick the means of enabling the Court of
Queen's Bench to judge of the merits of the whole case.
It would, at the same time, hare been a simple mode
and an inexpensive mode, of establishing the indisputable
law of Mr. Berwick. This report of tho Commissioner,
such as it was, reached the L urd Lieutenant about the
22d of September, and on the 6th of October, 1849, the
recommendation of that Noble Lord was announced, and
that was, that a due regard for the future preservation of
the peace, and the administration of justice, demanded
the removal of his Noble Friend near him from the com-
mission of the peace. The power, he contended, rested
with the Lord Chancellor to correct, control, and dis-
miss magistrates, and ho recollected well the virtuous
itidignation of the Noble Lord at the bead of the Go-
vernment, on the occasion of the dismissal I of a magis-
trate. That Noble Lord said, he hoped the Noble and
Learned Lord had acted in that matter not on his own
judgment, but on that of any other. Would that Noble
Lord condemn this transaction in the same way?
Was there such a notice to his Noble Friend or to Mr.
Bore, or had they
any reason to believe that by what
they were doing they were not acting in the strict dis-
charge of their duties? Had the Lord Chancellor read
the evidence, and called upon the parties for their vindi-
cation? Nothing of the kibd. In the course of the day
of the 6th of October, the recommendation of the Lord
Lieutenant was signified. 'as far as appeared in those
papers by the report of Mr. Berwick, but not even ac-
companied by the minutes of the evidence furnished by
Mr. Beres himself. It appeared that the post went out
that day, and the Lord Chancellor, without waiting for
an answer or an explanation. dismissed two magistrates,
who had for a long period of time acted irreproachably
in the discharge of their duties, and one of whom had
been for forty years is the commission of the peace.
He said that this was a proceeding without precedent,
I and one which lowered the dignity of the Lord Chan-
' cellor, and degraded his character into a. mere tool of
the executive; He grieved to have to add also,
that there was an adoption of this degrada-
tion of position by the Lord Chancellor, in which he
did not go through the common forms of justice,
so much as to ask the parties for their defence. It ap-
peered as if the Lord Lieutenant's secretary was in a
hurry to execute the orders of his master, the Lord
Lieutenant, to commit this arbitrary act. Could they
think that they carries with them the feeling of the
people—on the contrary, they irritated the most loyal
portion of the people, and called forth sentiments of
sympathy towards Lord Roden, not only from Orange-
men and Protectionists, but from all the members of the
board of guardians of the union over which he presided,
to his impartiality and justice cwohmopbriosreed
tbesottihmoonf Protestants and Roman Catholics,
y
to-
wards all; moreover, these gentlemen were determined
to return him an elected member of the board, having
been excluded from it, as an cx officio member, by his re-
moval from the magistracy. He hid now concluded
what he bad to observe upon this subject. He might be
asked why ho did not move a direct vote of censure upon
the Government. It was that he wished to keep this
constitutional question apart from party feslings, be-
cause he did not seek a party triumph or a Parliamen-
tery advantage. He asked for those papers, that the
informationcountry a ndtheir Lordships
to
decide h
woulde t thener this
ableas a
upon
further wise
course, or, on the contrary, an arbitrary, unconstitu-
tional,
of his Noble Friend
t n ahl
'he Earl
make a
aEnadrfwle ()f unjustrce Lr act.—(Loud
ks oN(
nLDtohou
edNs
pseaecheers.)icdh before be proceeded
t
who had just set down, be wished to express a hope that
his wen appraranco there that night would not be re-
garded as a precedent, nor constituted one hereafter.—
/cf.'s,. hr,(4, Comb •‘7,-.r. #n
!le, serious interruption of the public business in Ireland,
for the purpose of defending an act of the executive
government of that country, because he had understood

that his Noble Friend opposite (Lord Stanley) had
thrown out a sort of challenge to him, which it might be
unbecoming in him to decline; but at the same time
he had not determined on coming without much doubt
and serious reflection ; because he fhlt it would ho
most injurious to the public service in Ireland, if the
Lord Lieutenant was to be expected te appear in his
plass) in their Lordships' House whenever any member
of it might thick fit to impugn his public conduct, and
require his attendance there to explain it.--(llear,
hear.) If such was to be the case, when party spirit
prevailed much and ran high, it would be impossible for
any Lord Lieutenant to maintain that position which
was essential to the performance of his duty or the
maintenance of the dignity or authority which belonged
to the representative of the Sovereign.—(Hear.) The
assurance, however, that his presence was necessary for
the vindication of the honour and character of his Noble
Friend opposite (Earl Roden) would be quite sufficient
to induce him (Earl Clarendon) to come over on that
occasion, but he hoped that on public grounds his ap-
pearance would not he considered as a precedent for the
future.—(Hear.) He agreed with his Noble Friend,
that no man, no matter how high his rank or station,
was above the effect of public opinion in this empire ;
and therefore he (the Earl of Clarendon) was
nut sorry that the present question had been brought
before them, because by narrating certain facts and sup-
plying certain deficiencies in the speech of his Noble
Friend who had just sat down, he would be able to show
their Lordships that the dismissal of those magistrates
was not so unjust nor unconstitutional a step as they had
been told, but an act fully in accordance with the law,
and calculated to maintain the public peace of the coun-
try.—( Hear, hear.) Ire would then briefly refer to the
Act for putting an end to party processions. It had been
fully admitted by his Noble Friend opposits that every
one of those party processions tended to a breach of the
peace; that the attendance at them was a misdemeanor,
and punishable by the common law. The last Act had
been renewed during the reign of her present Majesty,
but had been suffered to expire in 1845, without another
renewal, because it was hoped that party processions
would no longer be continued or persevered in. During
the year in which the Act forbidding party processions
had expired, Lord Farnham had addressed a most ad-
mirable letter to the Orangemen of Ireland, calling upon
them earnestly to desist from assembling in such pro-
cessions. The Noble Earl here read an extract from
Lord Farnham's letter to which he alluded. Mr. Wallace
had been dismissed from a Deputy Lieutenantship and
the commission of the peace for the county of Antrim,
for establishing an Orange lodge and arrauging a party
procession. The Noble Lord here read the letters of
Mr. Lucas, the then Irish Secretary, in which was con-
veyed the Lord Lieutenant's expression of disapproval
of that gentleman's conduct. He (the Earl of Claren-
don) stated that fact, for the purpose of showing that
the course recently pursued by the Irish Government,
and which his Noble Friend had described as so unpre-
cedented, so illegal and unconstitutional, was precisely
that which had been pursued by the Government of
1845, of which his Noble Fried opposite was a member.
—(hear, hear). In the month of March, 1846, a
memorial had been presented to Lord Ileytesbury,
signed by four magistrates of the county of Down,
denouncing a procession of Ribbonmen which was
to take place on the 17th of that month as
dangerous calculated to lead to a breach of
the peacs, and that, as such, it ought to be prevented.
Yet three out of the four magistrates who had signed
that memorial were on the bench at Castlewellan when
the informations had been refused to be taken against
the Orangemen. In the year 1848, in consequence of
the great length to which certain political parties had
gone, a more than usual demonstration had been made
by the Orangemen; and ho could assure his Noble
Friend that ho was as ready to bear testimony to the
good conduct and praiseworthy demeanour of the
Orangemen on that occasion as any other person. lie
had received addresses from them stating that they were
prepared to lend all the aid in their power to the main-
tenance of order and to aid the government of Ireland
iu every way that might be necessary. But the present
question had nothing to do with that, for the individuals
concerned in this matter had caused so much alarm that
he bad keen obliged to take unusual precautions to en-
sure the preservation of the public peace. He had
sent a large military force to places iu the neighbour-
hood of this contemplated procession, He had also
ordered an increase of 500 constabulary. He did not
put a stop to those processions, but ho had taken such
precautions as would prevent any evil consequences from
being the result of the same. Ile had received an
account of one of those processions in the county of
Donegal, at which the parties composing it had been
obliged to leave their arms in a house on the way side.
In 1848 Mr. Francis Beers had heard that the passage
of the Orangemen through Dolly's Brae would be dis-
puted, and that gentleman had then prevented them from
marching by that road; but in 1849 he had deliberately
allowed it to take place, as a sort of triumph over an
opposite party. In the winter cf 1848-49, a great deal
of party excitement had taken place on that matter, and
he (the Earl of Clarendon) had sent a considerable re-
inforcement of troops and constabulary to the county of
Down, particularly to the districts near Rethfriland.
A feite alarm (as the Noble Earl, who was occasionally
very imperfectly heard, was understood to ray) had
cause the death of a policeman and a woman. lie
had written a letter ordering the parties impli-
cated in that transaction to be brought to justice.
The parties had accordingly been arrested, informations
halit-, been sworn against them, and counsel had been
sent down to conduct the prosecution. In Newtownards
also, and Hillsborough, the law had been similarly laid
down and enforced. In fact, many things had occurred
to make the practice and state of the law perfectly well
known in that very county on the subject. Matters re-
mained in that way until about the 12th of July, when
he had feared the riots might take place, and with a
view to guard against the same he had dispatched 7
head constables, 7 sub inspectors, and 253 police, into
the district, and several stipendiary magistrates were
also directed to repair to the same, and the military and
police stationed in the neighbourhood put under their
control. There were also several of the best detective
officers sent thither to obtain the best private infor-
mation as to the real intentions of the respective
parties. In fact, no measures that could he taken of a
precautionary nature had been ()tatted upon the re-
cent occasion which might have tended to preserve
the peace. Several communications had passed
between some of the local authorities and the Govern-
ment, bat all the information obtained was of a general
rather than a special nature, and therefore he had consi-
dered that it would be most unwise to give any special
instructions to the stipendiary magistrates, Mr. Tabitetai
or Mr. Fitzmaurice, but that it would be better to leave
a discretionary power in the hands of two gentlemen
worthy to be fully entrusted in the business. It appeared,
however, that from what ho bad collected on the spot,
Mr. Tabiteau had feared that a collison or a breach of
the peace might be apprehended if the Orange proces-
sion proceeded through Dolly's Brae, as was purposed,
and he had informed his Noble Friend opposite (the
Ertl of Roden) of the fact. An application had been
also made to soother magistrate, Mr. Beers, on the same
matter, by Mr. Fitzmanrice, but that gentleman had
said that he had no influence with the Orangemen such
as would prevent them from going that road. After
stating some of the negotiations which had taken place
with respect to the preventing of the procession
going by the road in question, the Noble Earl
proceeded to read some extracts from Mr. Ber-
wick's report of the whole transaction. The fol-
lowing was that gentleman's account of the affair:—
" In the evening the Orange party, having remained
about two hours at Lord Roden's, did return, and took
the old road through Dolly's Brae, and passed it in
safety, and cheered after they passed. Nothing, how-
ever, occurred to excite alarm except the taunts of a
number of women collected on the roadside, who told
them they were prisoners, and would catch it before
they passed Magheramayo Hill.' The Orange proces-
siou—some of whose members appear not to have been
as peaceably conducted as in the morning—was preceded
as before, by a body of police, and the rear was also
protected by another body of police, and by the dra-
goons. On arriving at the point of the road imnae•
diately under the brow of Mugheramayo Hill, where
the opposing force was stroegly entrenched, the police
who were in front drew up along the side of the road,
and stopped to allow the Orange procession to march
past, which they did without interruption. Unfhrtu-
nate, after the whole body had passed forward, and while
the police were in the act of forming again to follow
them, a squib or blank shot was fired, but from which
party I am unable to say, several trustworthy witnesses
having stated their belief that it came from the rear
of the Orange party, and others, equally credible, having
stated that it came from a place on the hill, about half-
way between the Ribbon party there posted and the road.
Almost immediately atter this occurrence two shots were
tired; avid as contradictory evidence was offered to show
from which party they came, I shall only say that the
weight of the evidence appeared to me to favour the opi-
nion that that they were fired by two of the Ribbon
body posted on the hill at the Orange body. Immedi-
ately afterwards a volley was discharged from the main
body on the hill, which appeared to have been indiscri-
minately directed at police, military, and Orangemen,
and the firing from both sides then became general. It
was then deemed necessary. and I think wisely, to dis-
lodge the body posted en the heights; and accordingly
the police, under Mr. Hill, charged up to and gained the
first entrenchment, firing as they ascended at the men
who were placed behind it. Immediately after it was
carried the body there posted fled, and the police,
who had fired in all only eighteen shots, ceased
firing, and took a number of prisoners, among whom
were five wounded. Several of the prisoners were
found crouching, with arms beside them, behind the
walls. In the meantime a body of about 100 or 200 of
the Orange party had dashed up the hill transversely
towards the same quarter, firing shots at the retreating
body on the hill, and the police were for some time in
considerable danger, being placed between two fires;
they, however, threw themselves between the two parties
as soon as they could, and stopped the advance of the
Orange party, and in my opinion prevented a very
great loss of life, which must have occurred if the two
parties had come to close quarters. Whi'e this was
going or. above, I lament to say that the work of reta-
liation, both on life and property, by the Orange party,
was proceeding lower down the hill, and along the side
of the road, in a most brutal and wanton manner, re-
flecting the deepest disgrace on all by whom it was per-
petrated or encouraged. Oar, little boy, ten years old,
was deliberately fired at and shot while running across
a field. Mr. Fitzmaurice stopped a man in the act of
firing at a girl who was rushing from her father's
house. An old woman of seventy was murderel, and
the skull of an idiot was beaten in with the butts of
their muskets. Another old woman was severely beaten
ie her house, while another, who was subsequently saved
by the police, was much injured, and left in her house,
which had bean set, on fire. An inoffensive man was
taken out of las house, dragged to his garde ii,
and stabbed to death by three men with
bayonets, in the sight of some of his family. The
Roman Catholic chapel, the house of the Roman Who.

lic curate, and the national school-house, were fired into,
and the windows broken, and a number of the surround-
ing houses of the Roman Catholic inhabitants were set
on fire and burned, every article of furniture having
been first wantonly destroyed therein; and had it not
bee❑ for the active interference of magistrates and the
troops, much more loss of life and property would un-
doubtedly have taken place. It was alleged by the
Orange party that shots had been fired at them from the
cover of some of these houses. By the exertions of the
troops the Orange body on the road and in the fields
was, after some delay, pressed forward, and removed
from the scene of action, but no prisoners were male of
that party—a matter both of surprise and regret." After
having passed a high eulogiurn upon Mr. Berwick's pro-
fessional character, and fitness fur the duty imposed on
him of inquiring into the facts of this case, the Noble
Earl proceeded to state that the reason why Mr. Ber-
wick had been directed to explain the law of illegal pro
cessions to the Castlewellan bench of magistrates, which
his Noble Friend seemed to think so strange a matter,
was, that en application had been made to the Govern-
ment on the subject by Mr. Shaw; but rtithough
that gentleman had received the Attorney-General's
opinion on the matter, declaring the illegality
of such meetings, and had shown it to Mr.
Tabiteau, he had afterwards forgotten that he had re-
ceived the saute, and sail that the Government had sent
no answer on the question. With respect to the dis-
missal of his Noble Friend he had felt it to be one or
the moat painful public acts of his political life, fur he
had been most useful to him on his first going to Ire-
laud, and he entertained the most sincere respect for
his Noble Friend.—(Bear.) But in the discharge of his
public duty he felt he hat no other discretion, and it
was necessary that the credit of the pure administration
of justice should he preserved. The people of Ireland
should he tanght to know that the law was no respecter
of persons of rank or sta'ion, that it did not regard the
rich nor the poor, but was equally efficacious towards
all. The question which was to be tried was, whether
or no those magistrates had done their duty, or were
responsible for the acts they had done. The Noble Lord
took exception to the mode in which the inquiry had
been carried on. If such en inquiry be unconstitutional,
it had at all events the sanction of successive Parliaments
and Governments.

Lord STANLEY extla,ined. Ile said that the pro-
ceeding was neither judicial nor expedient, and no case
had been shown to warrant it. It was, also, in his
opinion. unconstitutional.

The Earl of CLARENDON then proceeded to quote
several cares in which a similar inquiry had been or-
dered when the Noble Lord himself was the chief secre-
tary for Ireland—(Elear, hear). With such precedents
before him, he should like to know upon what grounds
he could refuse to act in fulfilment of the promises that
wore given to Parliament? It would have been but a
mockery, after they had given such pledges to Perlia-
ment, if they had waited until the long ♦acation, to have
carried out the inquiry, or to have gone before a magis-
trate. The Noble Lord had truly said, that a prosecu-
tion fir perjury could not lie against a person for making
a false statement before Mr. Berwick; but the case was
altered by the fact of having made Mr. Berwick a magis-
trate of the county of Down, for the purpose of giving
him the due authority to render they inquiry iu every
respect effective; and the sth and 6th of William IV.,
section 13, to which the Noble Lord referred in support
of his view, had provided for such a case, and
had legalised the whole proceeding. If the Noble
Lord would hut take the trouble to read that
section through and also Mr. Berwick's own com-
mission, he would see that that gentleman had full autho-
rity for the course he had taken.—(Hear, hear.) He
(the Earl of Clarendon) had been charged with not hav-
ing consulted the Lord Chancellor as to the propriety of
instituting the inquiry. The Noble Lord, however,
should recollect that it was his duty, and not that of the
Lord Chancellor, to institute such inquiry. Having
done so, and having received the report, together with
the evidence upon which the report was founded, he sent
that report to the Lord Chancellor, with his opinion as
to the course that ought to be taken in respect to the ac-
cused magistrates. He merely forwarded to the Lord
Chancellor a recommendation, which that eminent and
learned functionary might have refused to accede to if
he pleased. The Lord Chancellor, however, had come
precisely to the same opinion as himself, and took im-
mediate steps to give effect to it. He had recently re-
ceived a letter from the Lord Chancellor, stating that
in consequence of having heard it was te be alleged
or suggested that, in his determination to supersede
those gentlemen from the commnissio❑ of the poses,
he had acted under a supposed necessity of con-
torthing to his (the Lord-Lieutenant's) recommenda-
tion, he wished to state that he took that step solely
upon his own judgment— having read the evidence
and the report, he did not require a moment's time to
deliberate upon the course he should take under the cir-
cumstances, that he regarded the act as his own, and
considered himself directly responsible in the matter.
ile (the Earl of Clarendon) had conferred repeatedly
with Mr. Bersvick upon this subject, who assured bins
that he had taken the most especial care to have every
point in the case fully inve,t:gated •on both sides. Mr.
Berwick's notes were as fall and complete as those of
any judge in respect to all the evidence that had been
taken, though certainly they might not be as fall as
short-hand writer would produce. Ho was, however,
firmly convinced that Mr. Berwick had taken down all
the evidence with the most perfect impartiality. The
Noble Lord said he hoped no objection would be taken
to the evidence from which he quoted, because it had
been taken down by a person connected with the .Newry
Telegraph. Nov this was ono of the most unscrupulous
partisan papers in all Ireland, and that was saying
enough.—(Laughter.) The report would, perhaps, have
been most correct in giving an account of the proceedings
of an Orange lodge or of the speech of Mr. 13t-ers, but
the consciousness of that fact would not warrant him

(the Noble E srl) in depending upon the fsithful-
nese and accuracy of a report in that paper of a trial in
.which its own friend* were a party,who had made them-
selves liable to grave suspicion. But his Noble Friend
said that this report was verified by affidavit. He (Lord
C.) had, however, received within the last three or four
days a letter from a reporter, connected with a news-
paper called the Banner of Ulster, which had been di-
rected to Mr. Conway, the proprietor ef the Dublin
Evening Post, in which he stated that upon the day
when the inquiry under Mr. Berwick was resumed,
there was no reporter from the Newry Telegraph pre-
sent—that he had furnished him with an abstract of
what had taken place, which report was afterwards fal-
sified ten times. And he further added that he was in a
position to prove that no person took full notes of the
proceedings but himself. The sessional Crown solicitor,
who took a short•hand note of the proceedings, had been
appealed to upon this point, and he stated that in the
report referred to by the Noble Lord opposite there
were continuous mistakes and errors, and a suppression
of evidence by wholesale. The Noble Earl then observed
that the affidavit in respect to that report was in perfect
harmony with the other affidavits put in upon this
most discreditable trial. Chief Justice Blackburn
characterized the newspaper report as meet
garbled and inaccurate. Hsving disposed of
that subject, ho hoped their Lordships would extend to
him their indulgence while he alluded to a matter which
was, though personal to himself, not without some public
importance. As he had been brought over there that
evening, he thought that was a fitting opportunity to
allude to a certain misrepresentation that had been made
against his character, in the performance of the arduous
duties that were eutrusted to him as Lord Lieatenarit of
Ire!and. Calumnies of every shade and variety had been
uttered against him; but these ho felt he could afford to
treat with that contempt which they deserved, relying
upon justice from their Lordships' hands. But there
was one document put into circulation which was signed
by one or two Noble Members of that House. The
principal charges contained in it were founded, it was
said, upon the sayings of two gentlemen—one of them
was dead and the other was in India. It was stated
that he had courted the Orangemen of Ireland in the
hour of peril, and basely deserted them when he no
longer required their services—that he had armed •
this class of persons exclusively when he had refused
the privilege of bearing arms to other claises.
Now he knew nothing of the Orangemen of
Dublin, except that such a body did exist, until
the 13th of March, 1848, when he received a copy of a
very proper and loyal address, in which they offered
their assistance to suppress the apprehended anarchy.
This was presented at a time when the peace of the
country was placed in great danger—when shooting
clubs were springing up on every side—when the most
seditious language was uttered in some of the news-
papers, in which the people were encouraged to butcher
the troops—and when almost every post brought art ac•
count of some new political disaster in Europe. He felt
it to be his duty to accept the services of every class of
loyal citizens at such a time, without inquiring into their
religious or political tenets, and as a matter of course he
did receive the address. His attention, however, was
called to certain resolutions that had been passed on the
very same evening, and by the same body, which, in
effect, attributed the sedition and discontent that existed
to the encouragement that the Government had given
to Popery, and expressing their opinion that the ex-
istinc, evils would never bo abated until the Roman
Catholics were effectually put down, and the Con.
stitution again pieced upon its original Protestant
basis. Having read these resolutions he informed the
body that until they were withdrawn, he could not ac-
cept of their services. These resolutions, however, si ere
not withdrawn, and that address was not received,
nor had ever been received to this day. This body of
gentlemen, however, made a request for arms to be given
them, or money to purchase them. He believed these
were the only persons be had ever heard of who, in the
moment of peril, sought to turn their loyalty to account.
He refused to grant them either arms or money. But it
appeared that on the following day Captain Kennedy
gave them 600/. for the purchase of arms. This money,
it was said, had come from the Government. He knew
nothing of this money being giver, nor from whence it
came. All that he knew was, that it had not come from
the Government. Ho could give his solemn assurance
that he had never, directly nor indirectly,
e givend on the
Devon to purchase arms
htoadanuyeeinedievilnd
employed
elr onoelanie.
Captain Kennedy,
DtheevocnitizCeoams moifsspioun, iin
,tooakgaignrsetatthepaiconnsptemtoplaoterdganouizte-
break, because he (Lord Clarendon) had given
directions that the troops should not be scat-
tered about, and therefore the citizens should assemble
for their own protection. Captain Kennedy deposited
his plans for the defence of the city at the Horse Guards,
and in one of them there was A letter to Gen. Blakeney,
which he only saw within the last few days. It was dated
August 6, 1848, and it stated that in consequence of the
refusal of the Government to accept of the services of the
Orangemen, he had suffered a loss cf 600/., which he a as
induced to give them to buy arms aud to keep them in
good humour. A letter had also been recently received
from Major li.lnnedy in Indio, dated Dec. 27, 1849, which
alluded to the circumstance, and fully exonerated the
Government from any participation in the matter. He
was also attacked for not having called out the yeomanry.
lie felt OM such 6 Wane would be well calculated to

revive those religious feuds and sectarian animo-
sides which it was the policy of the Government to
soften down and, if possible, to extinguish. Well, then,
all these dangers had passed away, the Orangemen were
nut armed by the Government, the yeomany had not
been called out; yet no blood had been spilled, no
rancorous feelings had been generated, and her Majesty
in the fallowing year was enabled for the first time to
visit that portion of her dominions.—(Hear.) They
had now the satisfaction of knowing that Ireland was
on the whole more free from religious feuds, from
political agitation, and agrarian outrage than it had been
b, fore for a great many years. He regretted that the
iptretseenndtedmottoion had ever been made, because he thought
hopedtattGn—h aafdcearb abatedkeep
.a
auAampnf
foi
dtttuyehrr
most
unparalleled
lapo any ylpl
ee
lrfeieodedl nnogfi t
pswohml
tcai hgc
an
littahug
jedy;
aaa
ffnttdee
rr extent,tahe faminegreatest
r eiant
eesoitt ancient or modern history—
after
yosetars,
duration,prolonged s uwffheireihn gs
had
swept away the means and resources of the country;
:end now, when they hoped that that severe visitation of
Provieence had ceased—that at all events the worst
was aver—it was much to be desired that all classes
would combine together in earnest exertions for the
common geed, and for the social regeneration of the
country, and for the promotion of those interests in re-
spect to which England, as well as Ireland,
wgarsiend-
separably connected. The Noble Earl concluded by
thanking their Lordships for the indulgence ant
him, and by expressing the consent of the Government
to produce the papers that were applied for.
The Earl of RODEN was anxious for an opportunity
to answer the many calumnies that had been uttered
aga nst him with regard to the lamentable occurrence
which took place in the north of Ireland in July last
Year; and he had to thank his Noble Friend behind him
fit affording him that opportunity. He could not but
think that he had been harshly treated by the members
of hoe Majesty's Government, and particularly by the
Lord-Lieutenant. He was only induced, in thus rising,
to defend his public and private honour from the va-
rious calumnies that had been poured upon him.
He did not bring the Lord-Lieutenant of Ireland
there for the purpose of putting him to any in-
convenience, hut he felt that he could not refer to the
circumstances that marked that night's debate in the
Noble Earl's absence, and ho therefore expressed a hope
that the Noble Earl would, by his presence in that
House. give him the opportunity ho so much desired.
He begged to disclaim being influenced by any party or
political fseliug, or lq any irritation towards the Noble
Earl, whom he had always esteemed, and to whom as a
friend he was bound to acknowledge his thanks for past
fivours. He would ask the Noble Earl to remember the
21 s t of July, about ten or eleven days after the calamit-
ous circumstances so often referred to, when he (Lord
Roden) wrote to him saving his regret and grief at what
had taken place, and offering to surrender his office as a
magistrate if the Noble Earl thought that he had acted
in a in,inner unworthy of such a dignity. But, at the
same time, he asked him to bear in mind the danger that
would arise from his doing so, by the triumph which it
would give to that party that was opposed to all social
order. The Noble Ear!, in reply, wrote to him a most - s
courteous and kind letter, in which nothing whatever was
said that could induce him to think that ho contem-
plated the stop which he subsequently took. Until
the 7th of October he had never heard anything more
on the subject. On the morning of that day he received
a letter from the Lord Chancellor, removing him from
the office of magistrate, end that communication was ac-
comps,nied by a private letter from the Lord Lieutenant,
expressing lets sorrow and regret to be compelled in the
discharge of his duty to cioncur in the sentiments ex-
pressed in the Lord Chancellor's letter. If he were
guilty of the charge brought against him he would Ce-
serve not only to be dismissed from the magistracy, but
he ought also to be ashamed to show his face within the
walls of that House. The charge made against him wag,
first, that he had aided and abetted an illegal meeting;
secondly, that he did not use his exertions as a magis-
trate to prevent the effusion of blood ; and, thirdly,
that ho had acted as a magistrate in his own case to
pervert the ends of justice. When be considered the
magnitude of these charges he wondered at his ad-
dressing that House, when he ought to stand a pri-
soner at that tar. All he demanded of their Lordships
was this—not to be considered guilty until he had been
tried and found guilty. This was the birthright of every
man within the protection of the British Constitution,
and this he claimed as a British subject. In the document
before them he had been told that he had teen publicly
arraigned. That ho denied. Where? and by whom?
Was it by the Times newspaper or by individuals in
another piece? He was re t publicly arraigned. The
Noble Lord then proceeded to refer to the report of Mr.
Berwielr, which he contended was a one-sided report,
and did not give so ample and impartial a statement of
the evidence as such a document should furnish. The
Noble Lord who had introduced the question to their
Lordships had only done hi.n justice when he stated
that he had given to the several Viceroys of Ireland, and
more particularly the Noble Earl opposite, the best
support in his power. He reminded their Lordships
that in 1848 Ireland was in a very serious and awful
state. There visa a rebellion, which, whatever was
the extent to which some might suppose it had spread
in the minds of the people, at all events her Majesty's
Government considered to be of a moat serious na-
ture. The number of troops in Ireland was increased
to 40,000, and one of the most able generals in the
British service was sent ever to superintend whatever
military duties might be deemed necessary. He did not
blame the Government for the precautions they then
took. On the contrary, he thought they were right, but
he merely stated these facts to show that they appre-
hended very serious disturbances at the time. That
was the time when every loyal man and every well-
wisher of his country was bound to come forward and
show his readines. to stand by the Government and the
Crown; and he (L,-rd Roden) felt it his duty, as being
connected with A Joys' district of the country, to use
every means in his power to induce that part of the
country to unite and exert themselves for the support of
her 'Majesty's Government in Ireland. In the advice ho
gave t) the Orangemen he had endeavoured to impress
upon them that it was of little consequence what poli-
tical party was in power—whatever party was in power,
he had told them that it was their duty to give their
support to it. That certainly was the advice he had
given the Orangemen in the month of July of that year.
Ile was cert sin that the conduct of such an assemblage
of loyal and independent men would have been grate•
fully acknowledgsd, and would meet the full approbation
of the Governmenh Ile was certain that those loyal
men themselves, in coming forward on that anniversary,
felt that they were acting in accordaece with the wishes
and the measures of the Government. These men did
set—they met in thousands—they rallied round the
standard of loyalty; and, notwithstanding all the efforts
used by the revolutionists to induce these loyal men to
join in the cry for repeal, which they endeavoured to
accomplish by holding out to them the hope that by so
doing they would secure Protestant objects and Protee-'
tent principles, yet so attached were they to those prin-
ciples which they had ever held sacred—so determined
were they to stand by their loyalty end devotion to the
Throne—so enthusiastic were they in their attachment
to her Majesty, that they rejected all the offers on the
part of the revolutionists, and the consequence was that
the whole of the military stationed in the province of
Ulster was able to be removed to the focus of rebel-
lion, by which means the rebellion was crushed, be
trusted never to be renewed. In the month of
March, 1849, another procession of a very different
character took place, and he was sorry to say that
tho results were not by any means of so satisfactory a
character. Ho had had a communication from the
Government with regard to that part of the country
with which he was connected, in which it was stated
that his exertions had been attended with the very best
results, and the thanks of the Government been tendered
to him for his exertions. In the month of May he had
had a communication with the Noble Earl at the head of
the Irish Government respecting the renewal of the
Processions Act. He regretted extremely that that Act
had not been introduced and passed immediately after
the month of March, but he understood that it was not
brought in earlier in consequence of the amount of
business before the House. When the Noble Lord
wroto to him, he (Lord Roden) stated that he then
thought it too late, and as it would not be passed till
immediately before the 12th July, it would appear as if
t were only levelled at the Orange processions, and
that be considered it most ungrateful on the part of
the Government after the course they had taken in
its support. lie appealed to the Noble and Learned
Lord opposite (a rd Campbell) whether, in a conversation
he had with bun on the same subject, he had not given
expression to the same sentiments. On the 29th of June
he went over to Ireland, and had the honour of dining
with the Noble Earl opposite, when a conversation
took place upon the same subject. lie had told
the Noble Earl that the procession was about to take
place, and the Noble Earl spoke of the officer who was
to go down to the north; that he did not apprehend that
any collision or disturbance would take place; and he
certainly had no idea, from anything that then fell from
the Noble Earl, that there was anything illegal in these
processions. So little did the Noble Earl deem them
illegal in his (Lord Roden's) opinion, and so little idea
after the Orangemen had left his park
illegal act, that on
ltTed
Ih2etbthbait
jhuelyw,as taking part in any
at four o'clock, the post going out at five. o'clock! he had
t down and written to the Noblelsa
Earl, stating
quiet tatinghow
satisfactorily everything had gone off—how
and
orderly the immense assemblage had been, and by return
of post he had received a letter from the Noble Earl, in
which he stated how rejoiced he was to bear that every-
thing had gone off satisfactorily, and how grateful the Go-
vernment was to him for the course he had pursued,
(" Hear," from Lord Stanley.) How, then, could he sup-
pose that lie was doing an illegal act in taking any part
in these processions? He must say that he derived the
greatest satisfaction from seeing 3,000 of those loyal
and independent men, with their wives and families,
assembled there, and upwards of 2,000 others looking on.
The Noble Lord then referred to the testimony of Mr.
Ftemaurice, who said that he had requested him to use
his influence to induce the Orangemen to go another
way. It was utterly impossible for him to have induced
the Orangemen to do so, because it would have occa-
sioned a split among them, some of them going one way
and some another, and there was the risk of their going
unarmed and exposed to the attack of the armed Ribbon-
men.. There was, besides this, to be borne in mind that
the military and police were stationed in the road the •
Orangemen took, and none in the other road. He would
say that the brave and determined men to whom he had
spoken that day followed most scrupulously the advice
he had given them. and he believed that they would have
gone quietly to their own homes had they not been most
basely, cowardly, and brutally attacked, with their wives
and children, by those conspirators who were hiding
behind walls, and houses, and hedges, in their road.
It was when they were fired at in that cowardly way,
and when they were defending ththr wives and children,
that those most unhappy circumstances, to which the
Noble Earl referred, bad taken place. The Noble Earl
has denied that the boy who was killed on that unhappy
Oct asioll had been killed by a ball, bat he (Lord &dm

had had the ball in his own hands, showing that it had
been fired from a musket in the hands of the Ribbonmen
who were planted on the hill.
The Earl of CLARENDON said he had quoted the
evidence of the sub-inspector, and the surgeon, who de-
posed that his skull had been battered in by some blunt
instrument.
Lord RODEN had no doubt that that was occasioned
by the troop . passing over the body afterwards, when it
was lying onlhe ground. He referred their Lordships
to the evidence of some of the witnesses, who could
have no interest one way or the other—namely, officers in
her Majesty's service, for the purpose of showing that
the report furnished by Mr. Berwick was not so full or
so complete as that furnished by the short-hand writer.
The second charge brought against him by the Noble
Earl was one of a much more serious character—namely,
that hcewas careless as to the preservation of the public
peace, and indifferent to the safety of human life. He
begged to deny distinctly that assertion; he had through-
out shown himself most anxious for the preservation of
the public peace and the preservation of human life.
Then with regard to the fact of his having attended the
sessions which had been made so much of, it struck him
that if he had absented himself it would have been an
acknowledgment that he had some reason to do so.
When these forty-two men were charged by the Crown
solicitor with being concerned in an illegal assembly,
he (Lord Roden) could not reconcile himself to believe
them guilty. He could not think that the procession
was illegal, or the Lord Lieutenant would most
certainly have toll him that it was so. He had attended
the sessions, and he hal gone there with the determi-
nation to do justice to every man. He was ready at the
time to take the informations against any of those per-
sons who could have been shown to be guilty, and to
convict any of 'them who were proved to have been
guilty of those overt acts. He did not think that the
ends of justice had been in any way compromised by the
refusal of the magistrates to take the informations, and
the proof of that—and what he could not understand,
and which was, indeel, the most extraordinary part of
the affair—was, that although they had been pressed to
take the informations in crier to obtain the conviction
of their friends, yet from that time to the present, al-
though two terms and two sessions had sines passed, the
informations remained untaken. The Noble Earl then
referrja at some length to the evidence of the sub-
inspeCt"ir and other witnesses who had been examined
before Mr. Berwick, bat in so low a tone of voice that
it was impossible to catch distinctly the comment.:
that he made upon it. He also referred to
a letter which he understood had been written
to the Lord Lieutenant, desiring him to advise her Ma-
jesty not to bring with her on her visit to Ireland a lady
a near relative of his (Lord Roden's); the object of the
writer beine, manifestly, to degrads him in the eyes of
his countrymen, and to induce her Majesty to suppose
that he was unpopular. He assured their Lordship; that
he had on all occasions, encleavourcd, to the best of his
judgment, to 3C: fairly and impartially betvroen both
parties, gad to show faeour neither to one no: the other.
lle appealed, in corroboration of that, to those who knew
him best; t those who knew him not he need only re-
fer—and he did so with great satisfaction—to the very
flattering testimonials and addresses he had received
from various quarters—and concluded by assuring the
Noble Ert7l(Otareodon) that be never entertained any
feelings of personal irritation toward; him for the part
he had taken in reference to those proceedings. The
Noble Lord, who was imperfectly heard towards the
clo?e of his address, resumed his seat amidst loud cheers.
The Earl of cLAR.2,NDoN explained. It was true
the Noble Earl had written to him on the 21st July,
stating that if his continuance in the commission of the
peace was an embarra,,sment, he was ready to with-
draw from it ; but though the offer was a most generous
ene, it never for a moment occurrel to his (Earl of
Clarendon's) mind, to put the Noble Lord our. of the
co:nmission for the purpose of saving birnsc•lf trouble.
The Precessions Act 'which was to have been brought
in at Easter in that year was postponed through the
pressure of other important Irish business, but on that
occasion he had asked the Noble Earl what security he
would give for the guarantee of the peace on the 12th of
Jay. The answer of the Noble Lord was, that he
would be at home, and would exert himself to keep the
peace among the Orange party in his own district. His
Noble friend had subsequently t ild him that the pro-
cession would come sf: Tollymore Park, and he had sent
down, not because i " was more illegal than any other
processior, but because a peculiar obligation rested on
his Noble Friend, at whose instance the Processions Act
had been postponed.
The Earl of ENNISKILLEN made soma observa-
tions in rffirence to the chests cf arms sent to Dublin
for distribution among the Orangemen; but the Noble
Earl epoke with his back to the gallery, and was quite
inaudible.
The Earl of ViTINCHILSE A said, after the speech of
the Noble Lord who brought forward the motion, no man
could do otherwise than honourably acquit his Noble
Friend (the Earl of Roden) of having violated the law.
So strongly was this felt that his Noble Friend had re-
ceived at the hands of 800 magistrates of all denomina-
tions a testimony of which any man might justly be
proud. If, however, his Noble Friend was guilty of any
breach of the law, in the court; of justice of the country,
and in those alone, should his Noble Friend be tried.
The Government then would have a=right to pass sen-
tence upon him if he was found guilty; but the law
and the Constitution of England did not sanction in-
eestigaeion by an agent of the Government, to be
followed by condemnation, without, a trial. It was
a perfect violation of the Constitution. Nothing but
accident had prevented him (Earl of Winchilsea) from
being along with his Noble Friend on the occasion in
question; and if he had been there he would have placed
himself at the heal of the lodge of which be was a
member. He (Earl Winchilsea) maintained that Mr.
Watson, who had been removed from the magistracy
on a formes occasion, was not guilty. The Processions
Act bad been allowed to expire, because it was known
to be entirely confined to Orangemen, and not to extend
to Cstholics or Ribhonmen. _ _ .

'Lord STANLEY said it extended to all parties.
The Earl of WINCHILSEA said he always under-
stood that to be the case. otherwise lifs, could not com-
prehend how meetings should be beld4or the repeal of
the' union without auy interruption. The Noble Earl
(Clarendon) had found he had no groulid to stand upon,
and ho had therefore exercised his power arbitrarily
and in an unconstittitional manner. There were two
part* in the case in question—the one the Bebboumen,
who were prepared to carry out the principles of
James IL ; the other the Orangemen, who were
supporters of the principles of the House of
Hanover. There could here been no appre-
hension of a breach of the peace on the part of
the latter, because they had their wives and children
along with them; hut the Ribbon party were headed by
two priests, and it was well known that the greatest
portion of the men who formed it were brought fcom a
distance; and it was also known that an attack was to
be nude on the Orangemen. Mr. Berwick, however,
only inquired into the proceedings of the latter. If the
commission issued by the Noble Earl on that occasion
;Fes a legal one, then there was no further security left
for the maintenance of the valuable liberties guaranteed
to Englishman by the constitution. He (the Earl of
yirinchilses) considered that his Noble Friend had been
most unconstitutionally and cruelly used; but he envied
Rim the applause which he had received fcom a large and
honoureble holy of men in this country.
Lord BROUGHAM. stood in the position of being a
ftereon totally void of all party feeling, party views, and
patty connexions, on the present occasion; and he came
to the inquiry, as his Noble Friend had eloquently said,
teckoning it in the character of a quasi-judicial decision.
He agreed that no baseness or impropriety of conduct
could he attributed to his Noble Friend (Earl of
Roden); but it by no means followed that he con-
sidnre3 all his proceedings in this affair of such
d character as to entitle him to come to the
conclusion that he was unjustly, unconstitutionally, and
Arbitrarily dismissed from the commission of the peace.
In discussing the conduct of the Irish Government he
thought they should Wee into consideration the volatile
character of his fellow-subjects in that part of her Ma-
jesty's dominions—tho violence by which his Noble
Friend opposite (Lord Clarendon) was assailed at one
time, and the profound admiration which was expressed
for his conduct at another; nay, he was not only the
object of admiration, but o the most heartfelt respect,
of veneration—he had almost said of adoration—with
those very people who in a few weeks afterwards, when
the fever had subsided, and the cold fit had set in, made
this lately deified object of their hero-worship the subject
of their most bitter vituperation.—(Langhter.) Those
iconoclasts broke with their own hands the image which
a few weeks before they had formed with their own
hands. The different circumstances of the two
countries, then, should be considered when any com-
parison was instituted between the conduct pursued
by the Government in England and in Ireland.
If they could get 20,000 or 30,000 persons:assembled
without any rebellious or illegal purpose in
mind, they were very apt, before the day was over,
to turn their minds to an illegal purpose; for the very
numbers of armed men tecame in itself a danger—that
which was innocent and legal in itself, became a danger,
and .therefore illegal by its endurance—it became illegal
by its astonishing and terrifying peaceable subjects, and
by endangering the peace of the realm. Without going
into the particular details of the case, he should say that
even the purpose for which the assembly took place
made a collision eminently probable. Considering the
state of the magistracy of this country, and the profes-
sion to which he belonged, he could not let the debate
proceed further without stating thus much. With re-
spect to the dismissal of the magistrates, there could
be no manner of doubt that it was clearly competent to
the Beeper of the. Great Seal to remove magistrates
from the commission of the peace ; but it was his
bounden duty to exercise his discretion soundly, end,
above all, not from party or personal motives. He was
bound to satisfy his conscience that there was good
ground for the erasure of the name from the commis-
sion. He denied that a person could not be removed
from the commission of the peace unless he had
been convicted of an offence. There were instances of
removal without such conviction.; in this country; and
he believed it was most ordinary—magistrates having
been dismissed there for attending Repeal or Orange
meetings. He contended also that it was by no means
unconstitutional to issue a commission to Mr. Berwick
to administer an oath. He himself had, when in posses•
sion off. the Great Seal, issued a commission, the result of
which was the ground-work of the Municipal Reform
Bill of 1835, and the commission was specially em-
powered to administer an oath, though he admitted
there were some doubts as to whether perjury could be
assigned for a false oath taken before that commission.
The object of the commission was to satisfy the Govern-
ment.. So far as regarded the short-hand writer's notes,
there was an end of the charge against the fair-
ness and honesty of Mr. Bar wick's repot', and he
rejoiced that it was so. Under these circum-
stances, he was of opinion that, though there were cir-
curnstancesein this case which afforded ground fur re-
gret, uvula the whole substantial justice had been done,
the right course had been taken—that no objection

THEATRE ROYAL, DRURY-LANE.
Lessee and Manager, Mr. JAMES ANDERSON.
rtl Is E VEN I
Will be presented, by her Majesty's Servants,
AC YOU LIKE IT. Duke, Mr. Cathzart ; .A.rniens, Mr. Rafter;
Jacques, Mr. Vanderboff ; Orlando. Mr. Montague ; Adam, Mr.
Cooper ; Touchstone, Mr. W. 11. Angel ; Rosalind, Mrs. Nisbett
To conclude with CHARLES TILE TWELFTH.
Private 1303t6, 41. 35., 21. 12s. Gd., 21. 25., 11. 11s. 6d., and 11. Is.
Stalls, ss. each.
s. d.

FIRST PRICE.
Boxes - - 4 0
Fit - - - 2 0
Lower Gallery - 1 0
Upper Gallery - 0 6
Box-book-keel

8. d.
SECOND PRICE.
Boats - - 2 0
Pit • - - 1 0
Lower Gallery - 0 6
No Half-price to Upper Gallery.
', Mr. J. Povey.

THEATRE ROYAL, HAYMARKET.
Mr. B. Webster, r.,ele Lessee and Manager, 01,1 Brompton.
THIS EVENING.

Will be performed THE: HOUSEKEEPER. Sidney Maynard,
Mr. C. Kean ; Felicia, Mrs. C. Kean.
After which THE WONDER. Don Felix, Mr, C. Kean; Donna
Tiolante. Mrs. C. Kean.
To conclude with THE CHRISTENING.
The Box-also Is, under the direction of Mr. I. T. Archer.

THEATRE ROYAL. ADELPIIL
Under the direction of Madame Celeste.
THIS EVENING,
Will be performed a new domestic Drama, called THE WILLOW
COPSE. Principal characters by Messrs. Hughes, Wright, P. Bed-
fare , 0. Smith, Worrell ; Madame Celeste, and Miss Woolgar.
After which MY PRECIOUS BETSY. Characters by Messrs.
Wright, Bedford, Worrell; Miss Harding, and Mrs. F. Matthews.
To conclude with FRANKENSTEIN; or, The Model Man. t ranken-
Atein, Mr. Wright; the What is It? Mr. P. Bedford; Lamiel, Mr. 0.
Smith ; Otto of Rosenberg, Miss Woolgar ; Tiddlewinez, Miss E.
Chaplin ; Agatha, Miss Coveny ; Uudine, Miss E. Harding.

PRINCESS'S THEATIT.E.
Mr. J. M. Maddox, Sole Lessee and Manager.
THIS EVENING
Will be performed a new Opera, entitled CHARLES THE SE-
COND.
After which the Ballet of THE THREE STATERS.
To conclude with KING .TAMIE ; or, Harlequin and Magic Fiddle
Fiarlequin, Mr. Bologna; Pantaloon, Mr. Paulo; Clown, Mr. Flex-
more ; Columbine, Miss Fawcett.

NEW ROYAL OLYMPIC THEATRE.
Sole Lessee, Mr. W. Watts, St. John's Wood.
TIUS EVENING,
_

Will be performed DON63iiCAR DE BAZAN.
After which CATCHING AN HEIItESS.
To conclude with a Farce, entitled A DEAD TAKE IN. Captain
Darooart, Mr. Wigan ; Hector ronlet, Mr. Compton ; Clara, Mies

ST. JAMES'S THEATRE.
TRENCH PLAYS AND OPERA CO MIQUE.
Last Week but One of M. CHOLLET'S Engagement.
Mr. MITCHELL begs respectfully to announce that the French
Performances at the St. James's Theatre will commence
TO-MORROW EVENING.
At Half-past Seven, when will be performed
LE DEBUTANT.

After which LE POSTILLON DE LONJITINIEAU.
The Box-offlee of the Theatre is open daily from Eleven till

Five.
Foxes and Stalls at Mr. Mltchell's Royal Lilirary, 33, Old Bond-
street.

/LOYAL LYCEUM THEATRE.
Under the Management of Madame Watt%
tkole Lessee, Mr. Charles Mathews.,
THIS EVENING,

Will be perfbrrned CHARLES THE TWELFTH.
After which THE ISLAND OF JEWELS.
To conclude with A PRACTICAL MAN.
Dress Boxes. ss. Upper Boxes, 43. ; Pit, 23. ; Gallery, Is. No
half-price to any part of the house.
All applications for Private Boxes must be made to Mr. Alleroft, 15
New Bond-street.

ASTLEY'S ROYAL AMPHITHEATRE.
Proprietor, Mr. W. Batty.
An entire change in the Scenes of the Arena.
New Grand Spectacle.
THIS EVENING,
The performance will commence at a Quarter to Seven. with a
new Grand Spectacle of THE CORSE DE LEON; or, the Brigand
of Savoy.
To be followed by a brilliant display of Batty's peerless scenes of
the Circle, supported by the accomplished artistes of the establish-
ment.
To conclude with BESS OF THE BELL; or, The Love Story.
hos-office open from Eleven till four.

LIIOLI WATER AT LONDON
Trzs DAY —vorning, 17 min. after 6 1 Evening, 39 min. after 6
To-Nloaaow -21Elrning, 4:mln. after 7 1 Evealng, 31 min. arter 7

of legislative improvement to our colonies.
That,is the abrupt alternative presented to us by com-
mon sense, and its recognition and acceptance are in-
cumbent upon the more patriotic among our repre-
sentatives. Otherwise the business of the session
would be reduced to a mere succession of wrangling
debates, like the one which last evening amused the
loungers in the Lower House of Parliament.
In illustration of the remarkable diversity of the
opinions entertained upon the Bill which yesterday
passed through its second reading, we may observe
that while the Hon. Member for Berwickshire pro-
tested against it as tending to the enslavement of the
Australians, the Right Hon. Gentleman the Repre-
sentative of Taunton advocated its adoption as being
calculated to secure their emancipation. Again—
while the Member for Youghal vilified the measure
as one certain to produce the most lamentable conse-
quences, the Member for Southwark called upon the
House to hasten the Bill through its different stages,
in consideration of the beneficent principles it em-
bodied. Yet more glaring than this in their antago-
nism—Mr. ROEBUCK directly assailed the Colonial-
office, and through the Colonial-office indirectly
attacked the Government collectively, while Lord
JOHN RUSSELL retaliated in sarcastic language of the
most stinging explicitness. The very opening of the
Premier's speech was the condensation into a single
sentence of that satirical acerbity which, in a more
diluted form, was perceptible throughout to its con-
clusion. " Sir, I think I never heard a speech marked
by so many errors and mistakes, with regard to
constitutional theories, with regard to history,
and with regard to practice, as the speech
just delivered by the Honourable and Learned Gen-
tleman." A pleasant exordium, that !—pointed by
" a laugh." The peroration cf the Prime Minister's
speech of last evening was scarcely less pointed.
" On the principle," said he, " of allowing the people
to govern themselves, I say we stand far more upon
that principle than the Hon. and Learned Gentleman
who, mistaking the history of the colonies, and mis-
representing the constitution of this coun-
try, would induce you to set aside the
Crown, and the opinions of the colonists,
and the Legislature, only on some fantastic notions I"
An agreeable criticism, by the way, on one of the
historians of the British colonies, emphasised by the
" cheers " cf the House of Commons. Throw-
ing, Eovvever, into the background this
smart foil-practice of wit among the popular
representatives, and considering the novelty of
the measure submitted to the consideration of
the English Parliament, we do conceive that the ad-
vantages likely to accrue from it not only to the Aus-
tralians, but to ourselves and ultimately to the whole
mass of our colonists in both hemispheres, must
present themselves to the public judgment so forcibly
as to dtfy opposition. Hence it therefore, that we
cordi .11y rejoice in witnessing the progress of a Bill
so beneficent in its tendency upon the entire system
of our colonial legislation, seeing in it a good fortune
for the people of Australia, if we cannot actually and
altogether coincide with Mr. MONCLTON MILNES in
declaring that we do not believe "any of the old
American states ever received a charter equal
in liberty to the one now offered to the Aus-
tralian colonies," or that we do not believe that " in
the history of the world a measure was ever passed
which placed so completely in the power of colonists
the conduct and choice of their future government."
Without going quite to the length of the eulogium
thus readily pronounced upon the measure by the
Honourable Gentleman the Representative of Ponte-
fract, we confess to our having all along regarded the
Bill with a very large share of satisfaction. As a
movement en avant, we observe its progress with pe-
culiar pleasure—auguring well from its acceptance
for the cause of Colonial Legislation.

Mr. RIGBY WASON is still earnest in his vocation.
He is still labouring earnestly and indefatigably in
the task he has undertaken, of bringing forward pro-
positions which, if duly carried out, would promote
the welfare of Ireland, and elevate the social condi-
tion of the inhabitants of that ill-fated land. Uncon-
nected with the country by birth or residence, in-,
fluenced soy no motives but those of pure philanthropy
he is, perhaps, better qualified to offer suggestions for
its permanent amelioration than if more immediately
interested in the result. He is perfectly free
from the prejudices and passions by which every
native Irishman must be more or less actuated.
Hs views the existing state of affairs through no ar-
tificial medium, by which his vision may be distorted
or his faculties deceived. He brings a clear, intelli-
gent, and unbiassed mind to the consideration of the
subject, and great and successful experience in the
reclamation of waste lands—the mode by which per-
manent employment could best be provided for the
labouring population, and the regeneration of the sis-
ter kingdom properly worked out and accomplished.
His propositions, in the present instance, are put
forward in the shape of a pamphlet,-* addressed
to the Hon. Member for Manchester, on his recent
suggestions, for the improvement of the social condi-
tion of Ireland. It is only through such a medium,
or in the columns of public journals, that Mr.
Was°le can develop his views ; for, unfortunately
for the country, no constituency has secured his
valuable services in the Imperial Parliament, and
therefore he cannot embody his conceptions in the
shape of a Bill, or force them on the attention of the
Cabinet by a direct and tangible motion. His
efforts will not, however, be disregarded, nor his
propositions dismissed, without that full and
ample consideration which they; eminently deserve.
They will come fully before the public, and be
wafted on the wings of the press throughout the
length and breadth of the land, and will, we have no
doubt, bring forth fruit in due season ; when the
inevitable consequences of the condition of Ireland
upon the welfare and prosperity of England, and
the imperative necessity of making a speedy atone-
ment to that ill-used and misgoverned nation for the
" crimes and blunders of legislation," is fully per-
ceived and recognised.
The present pamphlet is addressed to Mr. BEIGEIT
in consequence of that gentleman hiving over-
looked what Mr. Wasote justly regards as the
chief, if not " the only possible means of regenerating"
the sister kingdom—" the introduction of capital."
The object to be attained is the employment of the
people, the full industrial occupation of the labouring
population—whose only capital is permitted to remain
concealed, utterly useless and unproductive, when,
by the adoption of a wiser and more judicious course
of policy, it might be rendered the source and foun-
dation of national wealth. Mr. WAsox considers that
any economical, political, or ecclesiastical remedies—
" however excellent in themselves and however essen-
tial to the well-being of every community"
could scarcely alleviate, much less cure, the existing
disease, and he therefore calls upon those who ac-
knowledge the legislative blunders and mistakes com-
mitted towards Ireland to aid him in carrying out a
plan which would most assuredly materially promote
the desired end, and afford to the industrious classes
the inappreciable blessing of " a fair day's wages for
a fair day,'s work."
The principal features of the present plan have al-
ready appeared in the columns of The Sun, and the
public attention was repeatedly directed by our-
selves to the project for raising a sum of
4,000,0001. sterling for the purchase and reclamation
of waste lands in Ireland by means of a " Tontine,"
a mode singularly well adapted for the 'purpose,
which would induce persons who had small sums not
immediately required, by the investment of which
they might make a handsome provision for their
families, and where in any event the amount depo-
sited would be returned to the subscribers or their
representatives, without loss or deduction, by an ar-
rangement which might easily be made with some
one of the principal insurance offices.

Mr. WAsoN ably combats the objections that may
be brought against his proposition by those
whom he terms the " One-eyed Men " and the
" Holier-than-then Men." The former being those
who regard it as contrary to the strict; rules of poli-
tical economy to make any general and combined
exertion for the employment of large masses of the
people, who contend that such undertakings and
efforts should be entirely confined to private enter-
prise, and who will make no allowance for exceptional
case., and who would prefer that their brethren should

perish miserably rather than that the dogmas of their
favourite science should be in the slightent degree
infringed upon ; the latter being! those who
" strain at gnats and swallow camels," and who
startled by the name of a "Tontine," which they
perhaps regard as little better than a lottery or a
gambling transaction, refuse to participate in a pro-
ceeding by which the miseries and sufferings of
thousands, aye millions of their fellow-subjects, might
be materially mitigated and alleviated. Such persons
do not pOSSQ3S the true spirit of Christianity, or re-
gard the benign precepts of its Divine Author. Theirs
is rather the religion of the Pharisees, who looked
only to forms, who grasped at the shadow, but
disregarded the substance. To such persons,
Mr. WAsoN shows that his comprehensive
project is not fairly open to the objection ; that in
place of being either a lottery or a gambling transac-
tion, when properly constituted, it rather partakes of
the nature cf those most ♦aluable institutions—life
insurance companies.

We regret that we cannot enter more fully into the
details of this admirable project. It must be atten-
tively perused and maturely considered in order to
be fully appreciated. Of this we can assure our
readers, that it will well repay the trouble.

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
Baron GRos left Paris on Sunday, on his mission to
the Court of Athens.

The Opinion Publique, having stated that M. NA-
POLEON BONAPARTE, the son of JEROME, had been
appointed Ambassador to Naples, that gentleman has
addressed a letter to the journals contradicting that
statement, and declaring that his opinions were of
such a nature as would prevent him from associating
himself in any manner with the Government, which
he bad never ceased to oppose since the expedition to
Rome. He adds that he believes the Government
would be quite as unwilling to offer him a mission as
he was to accept it.
The eldest daughter of M. GUIZOT is about to be
married to M. DE Wm, the lineal descendant of the
celebrated Dutchman, JEA.rir DE -WITT.
M. DB FALLOUX, sen., the father of the ex-Minis-
ter, died on the 15th, at Angers, after a long and
painful illness.
The Autional urges the Republicans not to illu-
minate on the 24th, lest advantage should be taken
by the agens provocateurs of the police to create a
disturbance as an excuse for a coup d'etut.

The contracts signed by the Stinister of Finance
with the directors .of the 2-; or thorn and Paris and
Strasburgh Rsilroad Companies have been submitted
to the Council of State for their approval.

The frigate Zenobia with 500 men on board,
destined to form a portion of the La Plata expedition,
sailed from Toulon on the 14th, the remainder of the
contingent cf 900 men to bt3 furnished by Toulon for
the expedition is also at sea. They are to join that
portion of the expedition which is to sail from Brest,
somewhere on the coast, and then sail in company for
La Plata.

The brig of war Olivier, arrived on the 11th, at
Tsugier. The Emperor of Morocco had not yet ac-
corded that sitisfActlon to the Consul-General of the
Republic which trtd been demanded.
A terrific hurricane raged on the coast of Algeria
on the 27th and 28th Jab., during which 22 vessels
were lost. _ _ _

The Evenentent states that a change is about to
take place in the Ministry, which will place Count
MOLE in the Cabinet. The statement, however, was
not generally credited.
The Assembly yesterday resumed the discussion
on the law of Public Instruction, and the Ministers
obtained a victory over the united forces of the parli-
preirc and the Orleanists, commanded by MM.
TRIERS and MONTALEMBERT. M. THIERS wished to
give the power of appointing inspectors of schools
virtually to the Council of Education, composed of
priests ; the Minister claimed the right of absolute
appointment for the executive, and carried his point.
by a majority of 300 against 266. On this occasion,
the whole of the Left supported the Ministery.
PARIS BOURSE, FEB. 18.—Latest Prices:—Five per
Cents., 95f. 40c.; Throe per Cents., 57f. 90c.; Bank Ac-
tions, 2,300 f.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE

LONDON STOCK-EXCHANGE. FEB. 18.

Boulogneand Amiens, 7 ea div.—Central of France (Or-
leans and Vierzon), 121,E —Dutch Rhenish, 2—Northern of
France, 14%—Orleane and Bourdeaux, sA—Sambre and
Meuse, 2%.