Star.
London, England, 1814-07-28 00:00:00

SLDITIOUO MILIZTINGS BILL.

The order upon which their Lordships were sum-
moned being read,
Viscount SI DMOUTH, pursuant to his notice,
rose to move the second reading of this Bill. He
prefaced the motion by a luminous and forcible
speech, in the course of which he stated, that the
powers to be given by the measure would not be re-
quired by his Majesty's Government, except under
the fullest conviction of their necessity. The situa-
tion of Ireland was unhappily of too much notoriety
to need much illustration of that necessity ; and in the
repeated discussions which the subject had -undergone
in another place, an unanimous anticipation of the
urgent expediency of such a measure prevailed. His
Lordship then referred to a variety of documents in
his possession, several of which he quoted, in order
to shew the nature and extent of the outrages and
atrocities committed in several parts of Ireland, but
particularly in the counties of Westmeath and Tip.
perary, and the consequent necessity of some vigo-
rous and decisive legislative provisions as were pro-
posed by the Bill in question. He also adverted to
the oaths proposed and taken by the sanguinary
fiords of depredators previous to and since the con-
clusion of the war. He knew all these, in an inci-
pient state, could not pull down or destroy the Con-
stitutional Government of Ireland ; but certainly it
was the duty of the Legislature not to shut its eyes
against the real dangers to which the lives and,
properties of his Majesty's subjects in that country'
were hourly exposed. He then proceeded to an ex-
position of the nature and extent and provisions of
the Bill (statements which have been repeatedly be.
fore our Readers). The measure was not novel, nor
even so strong as former measures adopted for simi-
lar objects, when perhaps an equal necessity did not
exist as now for strong provisions; and he adverted
to the Bill found by his Grace of Wellington (then
Sir Arthur Wellesley), in the office of the Chief Se-
cretary for Ireland, upon which the present measure
was framed. If it were asked why the present mea-
sure was not proposed at an earlier period, he would,
answer, it was in consequence of the reluctance of
his Majesty's Ministers to recur to so strong a mea.l
sure till they were driven to it by a direful necessity,
and found that the examples of punishment made
under the ordinary existing laws by no means pro-
duced the desired effect. The Noble Viscount con.
eluded by moving, " That this Bill be now read a
second time."—On the question,
The Earl of CAR.YSFO KT addressed the House
at some length upon the subject, and took an histo-
rical view of the mode and principle upon which the
English Government of Ireland in fact and practice
generally proceeded, from the period of the reign of,
Elizabeth down to the present time. In this view,l
his Lordship seemed to think the benefits or advan-1
tages of the real Constitution of England had never
been fairly or fully communicated to Ireland, more
especially with respect to the important consideration
of the administration of justice to the people at large.
The Bill, he thought, went to give a most alarming
extent of discretionary power to the Executive Go-
vernment over the people of Ireland ; and, what he
must think a novel and highly questionable mode,
these powers were given in a way which not only mi.
litated against the best principles of the English con-
stitution, but proceeded in a course perfectly opposed
to that by which the judicial administration of the
laws was regulated in this country—where the person
who presided in the Courts of Justice was, instead of
being a prejudiced accuser of the parties brought for
trial before them, was bound in duty to be, if they
had no other, their legal defender; and this prop
tion he urged in contrast to the arbitrary powers
given to local Magistrates by the Bill in question.—
His Lordship then commented, at much length, on
the actual situation of the people of Ireland—the com-
mon people were more estranged than any other from
the Nobility, and this arose from the necessary situa-
tion in which they were placed.. When contrasted
with the lower orders in this country, the people of
Ireland appeared only like slaves. There was not a
man in England who did not know that the fruits ei
his labour were protected, and if he fell into calamity
his country afforded him assistance : but the state of
the people of Leland, on the contrary, could not be
dcscribed by any other name than that of slavery.
They had neither dwellings, clothes to cover them.
property to support them, not even liberty. Hence
people in this situation cannot be expected to shew
attachment to the Government, because they experi.
ence no protection from it ; they do not even know
that they live under a Government ; and being in
such a deplorable and desperate state, they are ready
for any thing. lie objected to the Bill before the
House, because it gave new powers; it directed the
strength and vengeance of the State against those
who stood most in need of its protection and assist-
ance ; while it was not even sufficient for restoring
peace in places that might be disturbed. It went to
authori.e Magistrates to transport a man for seven
years on no other ground than not being found in his
house ten minutes after sunset. By such laws neither
the morals nor the peace of Ireland could ever be
promoted : burls long as the principles of the an-
eient law were adhered to by Government, and the
Trial by Jury continued, no apprehension need be en-
tertained. His Lordship concluded with saying, that
with these impressions on his mind, he found it iell•
possible to vote for the second reading of the Bill,
which, he was convinced, would only create and aug-
meat the mischief it pretended to remedy ; and with'
this conviction he should move, that instead of now,
it be magi a second time on Ist of September.
On the question being put ;
LOrd HOLLAND said he did pot ram to detain

the Noose by repeating any of his former observa-
tions; but he could not refrain saying, that he thought
there could be but one opinion of the Bill, which was,
that its principle was quite abhorrent to all ideas of,
civil liberty. Yet he felt no hesitation in saying, that
of many of the amendments and alterations that had
been introduced in it, he fully approved, particularly
that which went to place a person of legal knowledge
and habits at the head of the Sessions. But not any
amendment that had been or could be made in it,
would obviate his insuperable objection to the dis-
pensing with the trial by Jury. He understood that
it was intended to reduce the term of existence of the
Bill from three to two years, which had his approba-
tion ; yet he must oppose the general nature of the
Bill itself, as it punished without the intervention of
a Jury, and threw upon persons the onus of proving
their own innocence. He could not but add, that
the Bill of 1807 had no sanction from him. The
motive assigned for it was, the existence of a strong
French party in Ireland ; but as it was notorious that
no such party existed at present, the revival of the
measure was, in his mind, unnecessary, and therefore
he should enter his protest against it.
Earl STANHOPE declared himself an enemy to
the Bill in Coto, and should be sorry to be eonsidered
by any man alive as giving his sanction to a measure
so unjust, obnoxious, and unconstitutional. His Lord-
ship descanted on the hardships to which the lower
classes of tenantry in Ireland were subjected, particu-
larly the poor tenantry, the last taker of land being
liable to be distrained by all the men above him ;
and he considered it scandalous on the part of Go-
vernment that niithing was done to relieve the people
from such horrible oppression. As to the principle
of the Bill before the House, he considered it as a
curse on the country, and worse than the Norman
Curfeu, It was not enough to debate the Bill ; and
as persuasion would be useless, he should move, in
the Committee, that it be made to end with the ter-
mination of the next Session of Parliament.

Lord HOLLAND briefly objected to a part of a
clause which authorised the appointment of Counsel,
if any such could be procured. on the ground, as we
understood, that Counsel could and ought always to
Ise obtained.

Lord SIDMOUTH signified his assent to the
aiteration, and the Bill WAS then read a second time,
and committed for to-morrow.
The other Orders were then forwarded, and the
House adjourned at a quarter past eight o'clock.