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

DOLLY'S BRAE.

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, filed 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 •Lieutenant 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 be did in bringing forward this mo-
tion, which 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 threughout
his administration his Noble Friend had been actuated
by the highest motives; but he thought he had acted '
without proper discretion. He had also to impugn the
conduct of the Commission sent down to comduct
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 ,he had to labour against prepossessions which
their Lordships entertained, and in which he joined, against
unmeaning processions, which 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.
He hoped he would not be considered as holding any
undue bias in favour of Orangemen. He 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 might always rely upon them for
the defence of the province of Ulster against all enemies,
foreign and domestic, but he admitted that their organ-
ization might tend to foster religious and political ani-
mosities. He would now rapidly relate the facts of the
use to which he wished to draw their Lord-
slips attention. It was well understood that on
the 12th of last July it was intended to make a
large Orange demonstration in the province of Ulster,
Notice was given to the Government, and two stipendiary
magistrates, and a small body of troops were sent down to
Castlewellan,from whence it was known that &large Orange
procession would set off to go over Dolly's Brae to the
park of his Noble Friend near him (the Earl of Roden).
The pass of Dolly's Brae 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's Brae, and
soon after a large body of men, armed with scythes and
gnns, 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 Brae. It was determined
that they should. The cavalry, unfortunatly, had been
compelled to leave the pass in search of forage.
Tho 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 the 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-perk, 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 nearly
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 band 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 he was sure
that if the perpetrators of those atrocities could in dis-
covered no one would be more rejoiced at the circum-
stance than his Noble Friend. Shortly afterwards
informations were exhibited at the Castlewellan 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 Earl of Roden and Messrs.
Francis and William Beers. He thought there
was a prima facie case to fortify the dis-
missal:of Mr. W. Beers. but Mr. Francis Beers had in-
terfered during the conflict to preserve peace, and bad 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 Castlewellan.
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 j
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 evidence as given, but on garbled extracts of that 1
evidence—the Government decided that there was a case !
to justify them in dismissing Lord Roden from the
commission of the peace. The Noble Lord then read a
number of extracts from the evidence taken before Mr. j
Berwick, for the purpose of showing that it was the
general opinion of the magistracy that party processions

were not in themselves illegal, but only so far as they i that his Noble Friend opposite (Lord Stanley) had
tended to cause a breach of the public peace. .He con- ' thrown out a sort of challenge to him, which it might be
tended that this was a perversion of the evidence given ( unbecoming in him to decline; but at the 'same time
More the Commission. But Mr. Berwick lays down as ,be had not determined on coming without much doubt
undoubted law, that persons combining with a deter- I and serious reflection ; because he felt it would be
minetion to oppose by force any resistance that might most injurious to the public service in Ireland, if the
be made to them, were guilty of a breach of the I Lord Lieutenant was t i be expected to appear in his
Fence. This was a most monstrous principle to lay place in then. Lordships' House whenever any member
down. What if persons were to assault tiniest fully, lof it might think fit to impugn his public conduct, and
would the party who were acting lawfully be guilty i require his attendance there to explain it.-o.lcar,
of a breach of the peace if they resisted? Most I bear.) If such was to be the case, when party spirit
certainly not. To say so was tt announce a monstrous I prevailed much and ran high, it would be impossible for
absurdity. The Noble Lord then referred to the fifth f any Lord Lieutenant to maintain that position which
report ot the Commissioners of the Criminal Law, and was essential to the performance cf his duty or the
a decision given by their Lordships in the case of the , maintenance of the dignity or authority which belonged
late Mr. O'Connell, in which it was laid down that inti- I to the representative of the Sovereign.—(Hear.) The
midation in defence of the law was legal, and that no assurance, however, that his presence was necessary for
party could suffer who acted as intimidators. Thus it the vindication of the honour and character of his Noble
was shove that Mr. Berwick's law was a violation of the 1 Friend opposite (Earl Roden) would be quite sufficient
fiat principles of law. The Noble Lord then referred Ito induce him (Earl Clarendon) to come over on that
to the conduct of the Lord Lieutenant in April and in f occasion, but he hoped that on public grounds his ap-
hlay in 1848. The Orangemen were then called by him !pc trance would not Fe considered as a precedent for the
loyal Orangemen"—" loyal Protestants." In fact, the ; future.—(Hear.) He agreed with his Noble Friend,
Orangemen were flattered and petted in 1848, nay more, ' that no man, no matter how high his rank or station,
they were trusted—(Haar, hear)—and it was owing to was above the effect of public opinion in this empire ;
their loyalty that the Noble Lord (the Lord-Lieutenant) and therefore he (the Earl of Clarendon) was
was able to withdraw the troops from Ulster, to put ' not sorry that the present question had been brought
down the incipient rebellion that had occurred in the ! before them, because by narrating certain facts and sup-
south. The Noble Lord then read a letter addressed ; plying certain deficieecies in the speech of his Noble
from the Under Secretary of State of Ireland, eulo- ; Friend who had just sat down, he would be able to show
gising the Orangemen of Ulster in 1848, and contended i their Lordships that the dismissal of those magistrates
that the Orangemen had a right to consider that ' was not so unjust nor unconstitutional a step as they had
they were perfectly justifies in holding their bean told, but an act fully in accordance with the law,
Jelly. If these processions were illegal,
meeting, and walking in procession on the 12th of 1 and calculated to maintain the public presto of the coun-
they were ; try.--(Hear, hear.) He would then briefly refer to the
as much so in 1848 as in 1819. Yet, in the : Act for putting an end to party processions. It had been
former year they were countenanced by the Govern- , fully admitted by his Noble Friend opposite that every
ment. The Noble Lord then referred to the fact that : one of those party processions tended to a breach of the
the Government had been apprised of the intention of i peace; that the attendance at them was a misdemeanor,
the Orangemen to walk oa the 12th of July, and yet no i and punishable by the common law. The last Act had
steps were talon to prevent their doing so; nor was the i been renewed during the reign of her present Majesty,
Earl of Roden told by the Lord Lieutenant, with whom i but bad been suffered to expire in 1845, withoat another
he was in confidential communication, that if he received renewal, because it was hoped that party processions
the Orangemen in his park he wouldbe guilty of an ilk- ! would no longer be continued or persevered in. During
gal act.—(Hear, hear.) The Noble Lord then proceeded ; the year in which the Act forbidding party processions
to contend that the Commission appointed by the Lord ; bad expired, Lord Farnham had addressed a most ad-
Lieutenant to take evidence in reference to the Dolly's : mirable letter to the Orangemen of Ireland, calling upon
Brae affair, was illegal. It was so contended by Mr. i them earnestly to desist from assembling in such pro-
Whiteside,
the eminent Irish counsel, on the ground ;cessions. The Noble Earl here read an extract from
that the Commissioner bad no power to administer oaths Lord Farnham's letter to which be alluded. Mr. Wallace
to witnesses, as they could not be indicted for perjury. I had been dismissed from a Deputy Lieutenantship and
The Noble Lord (Lord Stanley) quoted Lord Denman, , the commission of the peace for the county of Antrim,
who denounced in the strongest terms such a court as 1 for establishing an Orange lodge and arranging a party
that constituted in the person of Mr. Berwick. That I procession. The Noble Lord here read the letters of
gentleman was not only judge, but prosecutor and jury, Mr. Lucas, the then Irish Secretary, in which was con-
and if there were any culprits Were him, they were veyed the Lord Lieutenant's expression of disapproval
the very witnesses whom he had called before him to of that gentleman's conduct. He (the Earl of Claren-
be examined. He said that the conduct of Mr. don) stated that fact, for the purpose of showing that
Berwick in that matter was without any war- the course recently pursued by the Irish Government,
rant of law, because by the publication of that and which his Noble Friend had described as so unpre-
evidence those parties were prejudiced who were cedented, so illegal and unoonstitutional, was precisely
liable to be put upon their trial. The proceedings by that which had been pursued by the Government of
the Commission were not only illegal, but the evidence 1845, of which his Noble Fried opposite was a member.
was obviously partially taken. This appeared from page , —(Hear, hear). In the month of March, 1846, a
five of the report; for it appeared that the representa- memorial bad been presented to Lord Heytesbury,
tion was first that the riot was caused by a straggling signed by four magistrates of the county of Down,
party of Orangemen, and it turned out in the evidence ' denouncing a procession of Ribbonmen which was
1
before Mr. Berwick that some Catholics had begun it by to take place on the 17th of that month as
firing a few shots. This was only one instance of a bias dangerous calculated to lead to a breach of
which pervaded the whole report. Another had refer- the peace, and that, as such, it ought to be prevented.
*nee to the part taken by Mr. Bere in these occurrences, Yet three out of the four magistrates who had signed
Mr. Berwick representing that the Orangemen were mus- that memorial were on the bench at Castlewellan when
tered in strong numbers around him when the magistrates the informations had been refused to be taken against
arrived, whereas the feet was, that he was early on the the Orangemen. In the year 1848, in consequence of
ground with the magistrates for the purpose of prevent- the great length to which certain political parties had
ing any breach of the peace. Then with regard to re- gone, a more than usual demonstration had been made
turning by the new rather than by the old road, there by the Orangemen; and he could assure his Noble
was a direct misrepresentation of Mr. Morgan's evidence Friend that he was as ready to bear testimony to the
on the subject. The fact was, that Mr.Fitzmaurice, a ma- good conduct and praiseworthy demeanour of the
gistrate, was sent by his brother magistrates to advise Orangemen on that occasion as any other person. He
them that there might be danger in returning by the had received addresses from them stating that they were
same road; and if that advice had been adopted the ca- prepared to lend all the aid in their power to the main-
tastrophe would not have occurred. Mr. Berwick, in his tenance of order and to aid the government of Ireland
report, had omitted the opinions of several stipendiary iu every way that might be necessary. But the present
magistrates and military officers upon the point, which question had nothing to do with that, for the individuals
had a direct influence on- the question, and tended to a concerned in this matter bad caused so much alarm that
result diametrically the reverse of any which could have he had been obliged to take unusual precautions to en-
called for the dismissal of Lord Roden. The priest him- sure the preservation of the public peace. He had
self laid stress upon the importance of keeping the body sent a large military force to places in the neighbour-
together, for as long as that was done their joint inter- hood of this contemplated procession. He had also
position might have prevented mischief. These gentle- ordered an increase of 500 constabulary. He did not
men were of opinion that the old road was by far the put a stop to those processions, but ho had taken such
safer of the two, notwithstanding the position of the precautions as would prevent any evil consequences from
Ribbonmen on the Magheramayo-hill. In another mat- being the result of the same. He had received an
for the report of Mr. Berwick was quite contrary to the account of ono of those processions in the county of
fact. Mr. Berwick stated that two Roman Catholic Donegal, at which the parties composing it had been
clergymen exerted themselves, without effect, to induce obliged to leave their arms in a house on the way aide.
the body to return to their homes. Now, those priests In 1848 Mr. Francis Beers had heard that the passage
did no such thing, and they said they did not. Mr. of the Orangemen through Dolly's Brae would be dis-
Morgan said distinctly that he told them to go away puted, and that gentleman had then prevented them from
from the place in which they then were, but did not marching by that road; but in 1849 he had deliberately
tell them to go home, as he was afraid of the cense- allowed it to take place, as a sort of triumph over an
quences. The Commissioner then goes on to say ip opposite party. In the winter of 1848-49, a great deal
his report his balance of evidence is in favour of the • of party excitement had taken place on that matter, and
conclusion that a squib or rocket was fired he (the Earl of Clarendon) had sent a considerable re-
from the hill; whereas the evidence was rather inforcement of troops and constabulary to the county of
the other way. On another point, Mr. Berwick Down, particularly to the districts near Rathfriland.
wrs apparently extremely deficient in the acumen which A false alarm (as the Noble Earl, who was occasionally
ought to belong ;to a man engaged on the important very imperfectly heard, was understood to say) had
business with which he was entrusted. An unfortunate eausei the death of a policeman and a woman. He
fellow being found with his head broken in, and his eyes had written a letter ordering the parties impli-
protruding, Mr. Berwick, from that evidence alone, took cated in that transaction to be brought to justice.
upon himself to say that this act was done with an The parties had accordingly been arrested, informations
Orangeman's musket. He would admit, in his Noble having been sworn against them, and counsel had been
Friend's presence, that after these events he would have sent down to conduct the prosecution. In Newtownards
exercised a more sound discretion, had ho abstained also, and Hillsborough, the law had been similarly laid
from sitting as a magistrate, to decide upon cases which down and enforced. In fact, many things had occurred
so originated. But etas only an indiscretion, and to make the practice and state of the law perfectly well
afforded not the shadow of a ground for the removal of known in that very county on the subject. Matters re-
his Noble Friend. It might as well be said that the mained in teat way until about the 12th of July, when
Noble and Learned Lord on the woolsack was liable to he had feared the riots might take place, and with a
an impeachment in that House for having given judg- view to guard against the same he had dispatched 7
went in favour of the Grand Junction Carta' Company head constables, 7 sub inspectors, and 253 police, into
against a private individual, because the Noble the district, and several stipendiary magistrates were
and Learned Lord happened to be a large share- also directed to repair to the same, and the military and
holder in the company.—(Hear, hear.) Mr. Ber- police stationed in the neighbourhood put under their
wick, at the petty sessions at Castlewellan, when control. There were also several of the best detective
he found the magistrates indisposed to accept officers sent thither t) obtain the beat private infor -
his view of the law, persuaded them by a species Deaden as to the real intentions of the respective
of bribery—he did not, of course, mean pecuniary parties. In fact, no measures that could be taken of a
bribery—but he did persuade the magistrates to coincide precautionary nature had been omitted upon the re-
in his opinion, that if the defendants were convicted, the cent occasion which might have tended to preserve
penalty should only be a nominal one. He wanted to the peace. Several communications had passed
know why Mr. Berwick was at those petty sessions at between some of the local authorities and the Govern-
all; but being there, if he were in the least desirous that went, but all the inftrmation obtained was of a general
the law should have effect, he took the most effectual rather than a special nature, and therefore he had consi-
means of f. ustrating it. If Mr. Berwick were diasatis- dered that it would be most unwise to give any special
fled with the decision of the magistrates, he might instructions to the stipendiary magistrates, Mr. Tabiteau
have procured a mandamus against them from the or Mr. Fitzmaurice, but that it would be better to leave
Court of Queen s Bench; but Mr. Berwick did no- a discretionary power in the hands of two gentlemen
thing in the matter. He did not take a single step to worthy to be fully entrusted in the business. It appeared,
give effect to his opinions. On the 2d of October the however, that from what ho had collected on the spot.
new Act of the 12th and 13th Victoria came into opera- Mr. Tabiteau had feared that a collison or a breach of
tion, an Act entitled, "An Act for the Protection of Ma- the peace might be apprehended if the Orange proces-
gistrates in Ireland," which provided that whore justices sion proceeded through Dolly's Brae, as was purposed,
of the peace refuted to do any act which they were re- and he had informed his Noble Friend opposite (the
quirod to de, it should be lawful for the party to apply to Eat' of Roden) of the fact. An application had been
the Court of Queen's Bench, on an affidavit of the facts, also made to another magistrate, Mr. Beers, on the same
for a rule calling on such justices to show cause why that matter, by Mr. Fitzmattrice, but that gentleman had
act should not be done, and if good cause should not be said that he had no influence with the Orangemen such
shown, then the Court should make the rule absolute; as would prevent them from going that road. After
and that upon the justices being served with a rule stating seine of the negotiations which had taken place
it, and do the act which with respect to the preventing of the proces.ion
they Now, that Act of Parliament going by the road in question. the Noble Earl
gave absolute,
wmerr.e they
Bveerci:
iiscvhekod uttlhdn
do. obey
oro ea n s
of enabling the Court of proceeded to read some extracts from Mr. Ber-
Queen's Bench to judge of the merits of the whole case, wick's report of the whole transaction. The fol-
been a simple mode lowing was that gentleman's account of the affair:—
ltn d would,an
eammeodtienl, eof haveestablishing the indisputable "In the evening the Orange party, having remained
law of Mr. Berwick. This report of the Commissioner, about two hours at Lord Roden's, did return, and took
such as it was, reached the Levi Lieutenant about the the old road through Dolly's Brae, and passed it in
ee
22d of September, and on the 6th of October, 1849, the safety, and cheered after they passed. Nothing, how-
recommendation of that Noble Lord was announced, and ever, occurred to excite alarm except the taunts of a
that was, that a due regard for the future preservation of number of women collected on the roadside, who told
the peace, and the administration of justice, demanded them ' they were prisoners, and would catch it before
the removal of his Noble Friend near him from the COM' they passed Magheramayo Hill.' The Orange proces-
mission of the peace. The power, he contended, rested nou—some of whose members appear not to have been
with the Lord Chancellor to correct, control, and dis- as peaceably conducted as in the morning—was preceded
miss magistrates, and he recollected well the virtuous as before, by a body of police, and the rear was also
indignation of the Noble Lord at the head of the Go- protected by another body of police, and by the dra-
vernment, on the occasion of the dismissal .of a magic- goons. On arriving at the point of the road intme-
trate. That Noble Lord said, he hoped the Noble and diately under the brow of .Magheramayo Hill, where
Learned Lord had acted in that matter not on his own the opposing force was strongly entrenched, the police
judgment, but on that of any other. Would that Noble who were in front- drew up along the side of the road,
Lord condemn this transaction in the same way? and stopped to allow the Orange procession to march
Was there such a notice to his Noble Friend or to Mr. past, which they did without interruption. Unfortu-
Bere, or bad they any reason to believe that by what nate, after the whole body had passed forward, and while
they were doing they were not acting in the strict die- the police were in the act of forming again to follow
charge of their duties? Had the Lord Chancellor read them, a squib or blank shot was fired, but from which
the evidence, and called upon the parties for their vindi- party lam unable to say, several trustworthy witnesses
cation? Nothing of the kind. In the course of the day oaring stated their belief that it came from the rear
of the 6th of October, the recommendation of the Lord of the Orange party, and others, equally credible, having
Lieutenant was signified, as far as appeared in those stated that it came from a place on the hill, about half-
papers by the report of Mr. Berwick, but not even ac- way between the Ribbon party there posted and the road.
companied by the minutes of the evidence furnished by Almost immediately after this occurrence two shots were
Mr. Bere himself. It appeared that the post went out tired; and as contradictory evidence was offered to show
that day, and the Lord Chancellor, without waiting for from which party they came, I shall only say that the
an answer or an explanation. dismissed two magistrates, weight of the evidence appeared to me to favour the opi-
who had for a long period of time acted irreproachably nion that that they were fired by two of the Ribbon
in the discharge of their duties, and one of whom had body posted on the hill at the Orange body. Immedi-
been for forty years in the commission of the peace. ately afterwards a volley was discharged from the main
lie said that this was a proceeding without precedent, body on the hill, which appeared to have been indiscri-
and one which lowered the dignity of the Lord Chan- minately directed at police, military, and Orangemen,
Nailer, and degraded his character into a mere tool of and the firing from both sides then became general. It
the executive. He grieved to have to add also, was then deemed necessary, and I think wisely, to dis-
that there was an adoption of this degrade- lodge the body posted on the heights; and accordingly
tion of position by the Lord Chancellor, in which he the police. under Mr. Hill, charged up to and gained the
did not go through the common forms of justice, first
entrenchment, firing as they ascended at the men
so much as to ask the parties for their defence. It ap- who were placed behind it. Immediately after it was
peered as if the Lord Lieutenant's secretary was in a carried the body there posted fled, and the police,
hurry to execute the orders of his master, the Lord who had fired in all only eighteen shots, ceased
Lieutenant, to commit this arbitrary act. Could they firing, and took a number of prisoners, among whom
think that they carried with them the feeling of the were five wounded. Several of the prisoners were
people—on the contrary, they irritated the most loyal found crouching, with arms beside them, behind the
portion of the people, and called forth sentiments ot walls. In the meantime a body of about 100 or 200 of
sympathy towards Lord Roden, not only from Orange- the Orange party bad dashed up the hill transversely
men and Prot. ctionists, but from all the members of the ' towards the same quarter, firing shots at the retreating
board of guardians of the union over which he presided, body on the hill, and the police ware for some time in
comprised both of Protestants and Roman Catholics, considerable danger, being placed between two fires;
who bore testimony to his impartiality and justice to- they, however, threw themselves between the two parties
wards all; moreover, these gentlemen were determined as soon as they could, and stopped the advance of the
to return him an elected member of the board, having Orange party, and iu my opinion prevented a very
been excluded from it, as an ex officio member, by his re- great loss of life, which must have occurred if the two
moval from the magistracy. He Ind now concluded parties bad come to close quarters. While this was
what he had to observe upon this subject. He might be gointe, on above, I lament to say that the work of reta-
asked why ho did not move a direct vote of censure upon nation, both on life and property, by the Orange party,
the Government. It was that he wished to keep this was proceeding lower down the hill, and along the side
constitutional question apart from party feali igs, be- of the road, in a most brutal and wanton manner, re-
caese he did not seek a party triumph or a Parliamen- fleeting the deepest disgrace on all by whom it was per-
tery advantage. He asked for those papers, that the petrated or encouraged. One little boy, ten years old,
country and their Lordships would then be able upon was deliberately fired at and shot while running across
;urther information to decide whether this was a wise a field. Mr. Fitzmaurice stopped a man in the act of
course, or, on the contrary, an arbitrary, unconstitue firing at a girl who was rushing from her father's
tional, and unjust act.—(Loud cheers.)
house. An old woman of seventy was murderel, and
The Earl of CLARENDON said before he proceeded the skull of an idiot was beaten in with the butts of
to make a few remarks on the speech of his Noble Friend their muskets. Another old woman was severely beaten
who had just sat down, be wished to express a hope that in her house, while another, whesswas subsequently saved
his own appearance there that night would not be re- by the police, was much injured, and left in her house,
garded as a precedent, nor constituted one hereafter,— which had been sot on fire. An inoffensive man was
(Hear, hear.) He had come over there that evening, to taken out of his house, dragged to his garden,
the serious interruption of the public business in Ireland, i and stabbed to death by three men with
for the purpose of defending an act of the executive bayonets, in the sight of some of his family. The
government of that country, because be had understood Raman Catholic chapel, the house of the Roman Catto-

revive those religious feuds and sectarian anitno-
shies 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
not armed by the Government, the yeornany had not
been called out; yet no blood had been spilled, no
rancorous feelings had been generated, and her Majesty
in the fellowing year was ensiled 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
before for a great many years. lie regretted that the
present motion had ever been made, because he thought
uAp f
ttehraat
laonnggrype
riod feelingof
pwohl
iitci hc
al they
hoped .
ittendheadd to keep
tation—af.er a calamity unparalleled in its magnitude
and extent, in either ancient or modern history—
after the greatest and most prolonged sufferings—
after a famine of four years' duration, which had
swept away the means and resources of the country;
end now, when they hoped that that severe visitation of
Providence had ceased—that ut all events the worst
was over—it was much to bo desired that all classes
would combine together in earnest exertions for the
common goad, end for the social regeneration of the
country, and for the promotion of thole interests in re-
spent to which England, as well as Ireland, was in-
separably connected. The Noble Earl concluded by
thanking their Lordships fir the indulgence granted
him, and by expressing the consent of the Government
to produce the papers that were applied for.
The Earl of ROI)EN was anxious for an opportunity
to a-tswer the many calumnies that had been uttered
aga fist 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
f affording him that opportunity. Ho could not but
think that he had been harshly treated by the members
of her Majesty's Government, and particularly by the
Lord-Lieutenant. He was only induced, in thus rising,
to defend hi* public and private honour from the va-
rious calumnies that had been poured upon him.
He did not bring the Lord-Lieutenant el Ireland
there for the purpose of putting him to any in-
convenience, but 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 feeling, or by any irritation towards the Noble
Earl, whom ho had always esteemed, and to whom as a
friend he was bound to acknowledge his thanks for past
favours. Ho would ask the Noble Earl to remember the
21st of July, about ten or eleven days after the calamit-
ous circumstances so often referred to, when he (Lord
Roden) wrote to him staring 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 manner 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 Earl, in reply, wrote to him a most
courteous and kind letter, in which nothing whatever was
said that could induce him to think that he contem-
plated the step 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, and that communication was ac-
companied by a private letter from the Lord Lieutenant,
expressing his sorrow and regret to be compelled in the
discharge of his duty to concur in the sentiments ex-
pressed in the Lord Chancellor's letter. If he were
guilty of the charge brought against him he would de-
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 was,
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 he had acted as a magistrate in his own case to
pervert the ends of justice. Whets he considered the
magnitude of these charges he wondered at his ad-
dressing that House, when he ought to stand a pri-
soner at that bar. 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 documeht
before them ho had been t Id that he had been publicly
arraigned. That he denied. Where? and by whom?
Was it by the Times newspaper or by individuals in
another place? He was not publicly arraigned. The
Noble Lord then proceeded to refer to the report of Mr.
Berwick, which he contended was a one•sided report,
and did not give se 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 him justice when he stated
that he had given to the several Viceroys of Ireland, and
more particularly the Noble Earl opposite, the beat
support in his power. He reminded their Lordships
that in 1848 Ireland was in a very serious and awful
state. There was 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 most serious na-
ture. 'lnc number of troops in Ireland was increased
to 40,000, and one of the most able generals in the
British service was sent over to superintend whatever
military duties might be deemed necessary. He did not
blame the Gevernment fit the prettautions they then
took. On the contrary, tie thought they were right, but
he merely stated th, s facts to show that they appre-
hended very serious disturbance, at the time. That
was the, time when every loyal man and every well-
wisher of his cuto,tny ma, bound to come forward and
show his readiness to stand by the Government and the
Crown; and he (Lord Roden) felt it his duty, as he'ng
connected with a It ysl distract of the country, to use
every means in his power to induce that part of the
country to unite and ex,rt themselves for the support of
her Msjesty's Liovsnonent in Ireland. In the advice ho
gave t t the Orangemen he had endeavoured to imp? eot
upon them that it was of little consequence what pel
deal petty was in power—whateser pasty was in power,
he had told them that it was their they to give their
support to it. That certainly was the advice he had
given the Orangemen in the month of duly of that year.
He was certain that the conduct of such an assemblage
of loyal and independent men would have been grate-
folly acknowledged, and would meet the full approbation
ef the Government. Ile was certain that those loyal
men themselves, in coming forward on that anniversary,
felt that they were acting in accordance with the wishes
and the measure's of the Government. These men did
act—they mot 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 Protes-
tant 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 and 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, he
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
the results were not by any means of so satisfactory a
character. He 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 e xett ons 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 bad
had a communication with the Noble Eerl 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

lie 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 destrojel therein; and ha 1 it not
been 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 made of
that party—a matter both of surprise and regret." After
having passed a high eulogium upon Mr. Berwick's pro-
I tasional character, and fitness fur the duty imposed on
him of inquiring into the facts of this case, tee 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 an application ha l been made t ) the Govern-
ment on the subject by Mr. Shaw; but although
that gentleman had received the Attorney-General's
opinion on the matter, &Tiering the illegality
of such meetings, and had shown it to Mr.
'rabiteau, be had afterwards forgotten that he had re-
ceived the same, and sail that the Government had rent
no answer on the question. With respect to the dis-
missal of his Noble Friend he had felt it to be one or
the most painful public acts cf his radicle& life, for he
had been most useful to him on his first going to Ire-
land, and he entertained the most sincere resp•ct for
his Noble Friend.—(Hear.) But in the discharge of his
public duty he felt he ha f no other discretion, and it
was necessary that the credit of the pure administration
of justice should be preserved. The people of Ireland
should be taught to know that the law was no respecter
of persons of rank or sta ion, that tt 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 megistrates 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 an inquiry be unconstitutional,
it had at all events the sanction of successive Parliaments
and Governments.
Lord STANLEY explained. He 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 cases in which a similar inquiry had been or-
dered when the Noble Lord himself was the chief secre-
tary for Ireland—(Hear, 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
were given to Parliament? It would have been but a
mockery, after they had given such pledges to Parlia-
ment, if they had waited until the long vacation, to have
carried out the inquiry, or to have gone before a magis-
trate. The Noble Lord had truly said, that a prosecu-
tion for 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 the inquiry in every
respect effective; and the 6th 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. It the Noble
Lord would but 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 hay-
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. lie had recently re-
ceived a letter from the Lord Chancellor, stating that
in consequence of having heard it was to be alleged
or suggested that, in his determination to supersede
those gentlemen from the commission of the peace,
he had acted under a supposed necessity of con-
forming 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 ho regards 1 the act as his own, and
considered himself directly responsible in the matter,
He (the Earl of Clarendon) had conferred repeatedly
with Mr. Berwick upon this subject, who assured him
that he had taken the most especial care to have every
point in the case fully investigated on both sides. Mr.
Berwick's notes were as full and complete as those of
any judge in respect to all the evidence that had been
taken, though certainly they might not be as full as a
short-hand writer would produce. He 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 voted, because it had
been taken down by a person connected with the Newry
Telegraph. Now this was one of the meat unscrupulous
partisan papers in all Ireland, and that was sating
enough.—(Laughter.) The report would, r erhap•, have
heen most correct in giving an account of the proceedings
of en Orange lodge or of the spec eh c f Mr. Lt, ors, but
the consciousness of that fact would not warrant him
(the Noble Earl) in depending upon the f.ithfdl-
ness and accuracy of a report in that paper cf a trial in
,hich its own friends were a party,who had made them-
selves liable to grave suspicion. But his Noble Friend
rani that this report was verified by affidavit. He (Lord
C.) had, however, received within the last three or lour
days a letter from a reporter, connected with a new:—
paper called the Banner of Ulster, which had been di-
rected to Mr. Conway, the proprietor if the Dublin
Evening Post, in which he stated that upon the day
when the inquiry under Mr. Berwick aas 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 tee
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 most
garbled and inaccurate. having disposed of
that subject, he 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 entrusted to him as Lord-Lieutenant of
Ireland. Calumnies of every shade and variety had been
uttered against him; but these he 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 is hen he no
longer required their services—that he had armed
this class of persons exclusively when ho had refused
the privilege of bearing arms to other claoses.
Now he knew nothing of the Orangemen of
Dublin, except that such a body did exist, until
the 13th of March, IS4B, when ho received u 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 an ac-
count of some new political disaster in Europe. He felt
it to bo 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-
isting, evils would never be abated until the Roman
Catholics were effectually put down, and the Con-
stitution again placed 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, a ere
not withdrawn, and that address was not received,
nor had ever been received to this dsy. This body of
gentlemen, however, made a request for arms to be given
them, or money to purchase them. He believed there
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 Captaiu Kennedy
gave them 6001. fur thee purchase of arms. This money,
it was said, had come from the Government. He knew
nothing of this money being give; , nor from whence it
Cain-. All that he knew was, that it hail Leif come from
the Government. lie could give his solemn as,dfranlci::
that he had never, directly nor indirectly, given
had been ernpoyerr on
e
shilling shilling to purchase terms to any indive
Captain Kennedy, who ial
t the
Devon on
citizens Com aignrsetatthepacTittmtopiauttrdgatinuizte.
Dth
breek, because he (Lot d Clarendon) bud given
moirlieounjdintooske
dire 'bons that the troops should not be scat-
tered about, sad 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 of 6001., which he a as
induced to give them to buy arms and to keep them in
good humour. A letter had also been recently received
from Major Kennedy in India, dated Dec. 27, 1849, which
alluded to the circumstance, arid fully exonerated the
Government from any participation iu the matter. He
was also attacked for not having called out the yeomanry.
Lie felt that such a course would be well calculated to

brought in earlier i❑ consequence of the amount of
tusiness before the 'louse. When the Noble Lord

wrote to him, he (Lord Roden) stated that he theri

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 he considered it most ungrati ful on the part of
Inc Government after the course they had taken in
its support. Ile appealed to the Noble and Learned
Lord opposite (Lord Campbell) whether, in a conversation
ho had with him on the same subject, he had not given
expression to the same sentiments. On the 29th of June
he went user to Ireland, and had the honour of dining
with the Noble Earl opposite, when a conversation
took place upon the same subject. He had told
the Noble Earl that the procession was about to take
place, and the Noble Earl spoke of the offieer who was
to go down to the north; that he did not apprehend that
any collision or disturbance would take place; and ke
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
had he that he was taking part in any illegal act, that on
the 12th of July, after the Orangemen had left his park
at four o'clock, the post going out at fire o'clock, he had
sat down and written to the Noble Earl, stating how
satisfactorily everything had gone off how quiet and
orderly the immense assemblage had been, and by return
of post he had received a letter from the Noble Earl, in
which
dhe stated how rejoiced lie was to hear that every.
thing had gone off satisfactorily, and how grateful the Go-
vent was to him for the course he had pursued.—
(.eirliiwear," from Lord Stanley.) How, then, could he sup-
pose
that he was doing au illegal act in taking any part
in these processions. Ile must say that he derived the
greatest satisfaction from seeing 3,000 of those loyal
arid independent men, with their wives and fsmilies,
assembled there, and upwards of 2,000 others looking on.
The Noble Lard then referred to the testimony of Mr.
Fazmeurice, 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-
:ionad a split among them, some of them going one way
and some another, and there was the risk of their going
unarmed aid 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 c.-Aispirators who were hiding
behind walls, and houses, and hedges, in their road.
It was when they were fired at in that cowardly way,
;uid when they were defending their wives and children,
that those most unhappy circumstances, to which the
Noble Earl referred, had taken place. The Noble Earl
has denied that the boy who was killed on that unhappy
occasion had been killed by 4 ball, but he (Lord Roden)

,•••',r