Star.
London, England, 1812-06-23 00:00:00

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' esoliws. Wtted'to titer catboat rigour ; and, indeed, if tl,e7 weir,
historians 01 that p4i6d, in describing . the eztrtiVa• It /Pa"' be very difficult to excuse them, fur they are rather to
...t be accounted for from their history, and the urgency' of the titans
gent injustice of the tyrant's government, stated that which produced them, than to be approved (upon a cool review)
"ill thosnevbo were fir the Pope were hanged, and as a standing system of law. The restless maehinatims of the
all those 'Who were against him burned''—when they . Jesuits during the reign of Elizabeth, the turbulence and useasi-
. celled to mind that the parliament had been reduced nese of the Papists under the new Mifflin's establishment, and
the-boldness of their hopes and wishes Tor the succession of the
to slith an abyss of degradation as to give to his pro-1
Queen of Sows, obliged the Parliament to counteract so ger-
ff,atill•tioos the force of law, he wee persuaded that ous a spirit by laws of a great, and perhaps necessary, eeverity.
_am Honourable Member would think of referring to .The powder-treason, in the succeeding regn, struck a panic into
the reign of Henry VIII. for the. source or the pre- lames I. which operated in different wayss it occasioned the
wing of new. laws against the Papists; but deterred Idol froth
cadent of perfect legislation. While they came down putting them in execution. The intrigues of Queen Henrietta lel
still lower, through the period while the Reformation she reign of Charles I. the prospect of a Popish Successor in that
'was gaining progress aid strength, to the reign of of Charles 11. the Maassination-plot in the reign of King William,
that great Princess (Elizabeth), whose government and the avowed claim of a Popish Pretender to the Crown, will!
for the extension of these penalties at those several pa-
was conducted mien princitles, and with a degree
accountrios of our history. But if a time should ever arrive, and perky,.
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of wisdom, that covered the empire with glory and It is not very distant, when all fears of a Pretender shall have
prosperity, they would find, that towards the close vanished, and the power and influence of the Pope thall• becohte
-of that glorious reign a spirit of persecution arose, in feeble, ridiculous, and despicable, not
.only in England, but in
the progress of which, all the barbarities of the pre- kingdom
sion urftei.ntehere.e; itri prorhabous lwle not
edicts; ouatleastthetil el
betheameivisils
cedi orenewedwith little less u
g _rei gn were
principles of the Roman Cajolles called again upon the Lrgisla-
rancour, as if it had been necessary for the establish- cure to renew them ; fur it ought not to be left in the breast of
Metat 'of the Reformation to retaliate their own cruel- every merciless bigot, to drag down the vengeance of these cm-
. ties, by inflicting
_them hi turn upon the sect that!
risTtinal l
On taowtsheuplrenmilennotffienncsilivne,t;thoughn f
tnhelisetlavkileini
isua bilerrattse;' aiendept;
was overthrown. - Would Gentlemen think a period P°l3
the destruction of every principle nleof toleratonl and religious
of such alternate persecution a suitable time in which liberty."
to lay the origin of their- system of perfect legitla- It would be worth while to examine whether the re-
than ? Would they
.refer to. the reign of the first lazetions Which had hitherto been made in favour of
Charles, whose perpetual contests with his Parliament the Catholics, were in conformity to the principle
and People valve: ted every fixed principle of Legis- which Blackstone had in view. We should be able
• lation ? Then they came to the Protectorate of to ascertaio, by a reference to the preambles of the
Cromwell, the rule of whose governnient was to- various Statutes by which these relesatior.s were el-
wards the Catholics a principle of extermination.— fected, what had been the object of the Legislature.
This was a period to which the origin of the system By the first act passed in favour of 'the Catholics in
of perfection would, he was persuaded, not be refer- 1774, a purgatory oath was exacted from them tie-
red. Thus_ they were brought down to the Revolu- fore they could enter on the enjoymeot of the privi-
tint, that era so witch and so justly esteemed by loges thereby conceded, on account of certain rell-
Englisiren, which was referred to with so much gious tenets, by which they were said to regulate
stress, and quoted with such confidence upon this their conduct. The second Act which was paned,
subject. It was not however true, that the origin of in their favour was four years afterwards, in the
the si stem Was to be traced in the progress and cha- year 1778. In tho preamble to this Act it was stilted,
racier of that glorious Revolution. It was perfectly that whereas it was deemed conducive to the wel.
true that a degree it civil slavery was imposed on the fare cf the kingdom that the different classes of Ter-
Catholics at that period, as the consequence of their sons who composed the population thereof should
intimate connexion with the political doctrines of the be united by the bonds of mutual interest and affec-
assertions. of the old Episcopalian Establishments.!— tion. Now, said the Hon. Membr, no inference
But it was equellY true that no consideration of that can be more clear than that which is to be drawn
nature could sanctify the establishment of a degree from the necessity of promoting. mutual interest and
of civil slavery which ought ip no State to exist : affection. The preamble to the third Statute, he'
and the disabling Statutes which had been resorted observed, after having premised that the oath of
to oe that occasion, lie considered in no other light allegiance should be administered to the Catholics in
than a remnant of that persecution which employed the same manner as to persons of any other religious
' the eeteeminating sword. It was not true, however, persuasion, went on to state, that whereas they, the
that the system was referable to that period, or that Catholics, were considered to be good and loyal sub-
the principle of perfect legislation contended for had jests of the Crown. Then, continued the Right Hon.
• its might in that reign in which the Revolution was Member, it was assumed, that they had acquired the
effected. It was not till the reigns of Anne, and of quality, the want of which a former preamble had
the first Monarchs ef the tioese of 13renswick, that 'left to be ipfenee, And in the preamble of tee last
the principle was acted upon to its fullest except anti act, by which the privileges %sere extended, similar
the system brought to its highest perfection, apd fits language was to be found. The peaceful and loyal
ted to the purposes of which it was cepablee The demeanour of his Majesty's Catholic subjects was
House would then see that it was not till the coo- made the grcund of concessien. We found then
mencement, and early part uf the last century, that that this system, to break into which, to innovate en
this perfect system had giown up. The principle which, was deemed a violation of the civil prince.
of the Protectorate was extermination, that of the ples of our ancestors, wes the growth of two cere
Revelution confiscation ; and it was not until tunes, and had, when brought to perfection, remained
- after the Revolution that the system of artificial de- about fourteen stationary. Doting this time the
pression was established, which operated tp stint the' Government of Ireland had been a problem of no
population—to cramp the caergtes,to weaken the small difficulty. The statesmen of this country had
resources—to put down the great mass of the naiion,iendeavoured to solve it, by applying principles
and make the object of this artificial depressiOn a de. 'of legislation to oue. country which were only
traded and enslaved class in the Empire. It seas in adapted to the other. And it was but too true, that
*se three successive reigns then, that the system in the progress of their- efforts they had gone. so;
. • wee established and brought to perfection; and he ter as to adopt a system of extermination. When;
would ask any twin, theretere, whether there was arty to get upon this was found impracticable, they had
thing in the.times or the circunneencts under which recourse to Statutes framed to grind down the pores
the system originated, that could make him think it latices of Ireland, and these too had failed. They at;
ought to be upheld/ Let the Hours} bet look at last had happily turned theirthi ughts to exptrimettii
what was` the state vf the case in 1760, on the :Kees- of a very different nature ; and the question now-wnse
sion ot his present
.biajesty, befpre any remedial or whether a chance of complete operation should be
alleviating measures Lad been resorted to. Teey afforded to thuse experiments ? Much had been said
would find, by referring to: the state of the law at of the security with which concession might to be ac-
that Period; that the Roman Catholic was cut et/ from compamed ; but those who dwelt on the necessity re
leis eivil rights—that a prine pile cf separation was such recut sty did not make sufficient allowance for
established betweep him and I.ls ()far hag—that the the different genius and spirit by which different ages
provisions of the law, whilst they disfranchised the would be distinguished : he would, generally speak.
tether pf his civil rights, stimulated the sop le de- , ing, leave unresolved the philosvialneal problem of
rive hire ot his ieheritance. 'ibis was a state to whether the world improved or became detesriorated
which 1 e was persuaded that no man would refer for asst grew in years ? But of this lie was sure, that a;
. an example of perfection; and to that state of the 'spirit of mildness at least -gave the present age Rinse'
law they must refer. it they were tp consider the de- right to challenge a contrast with those which had'
structioo of the Penal Code ao infringement upon preceded it. No more forcible illustration of this
the established cerestitUtion. Thus, it the system truth could be found than in what had been recently'
were to be upheld es perfect, it must: be referred to stated in that house; he meant by the Hon. Gentle-
that period 'btu it attained to maturity, and then it man who had brought forward the motion on the'
would hp found, that its decay had begun. Other Orders in Council. He had stated, that the treaty
systems, after having attained to maturity, continued of Utreckt, which had been the subject of general
pi perfect:on for some considerable portion of time; condemnation, had, in a more particular manner,
bet this system had to date it' decline from the at- attracted the execration of posterity, by having held
eainieent of its-maturity, and may be traced to its out, as the single ad-vantage this country was to ob.
decay from the itliod of its perfection. If it bad tarn from it, an extension of the slave-trader- Thie,
existed in perlectim for any period, it could only advantage was obtained for us:at a period which had
have been for tour years !rem the year 1760 to the been distinguished as the Augustan age of England.'
-, year 1774, when the first %lazing statute was enac- No one would impute to the moral writers of that age ,
ltd.—And here he pent beg have to ask, whether any want of those qualities which were requisite to
.any i f the disabling Statutes bad been resorted to on fill their works with lessons calculated to soften and!
the greeted-of religious tenets, or of political disat- refine the minds of posterity ; but he would, never.
kitten ?—ashether the Penal Code. was intended to -unless, ask, if a Minister of the Crown were now so
. exclude a sect, or to punish rebellionl Bishop liur- stand up in that House, and exhibit to their notice a
. tot, oleeleid written the history of the Reformation, treaty, in which he could boast of bet a solitary ad-
.had-recorded of Queen Elizabeth that she was natu- vantage,.ansi that an,increase of the benefits resulting
'l-41), ayes se from persecution, and that it was Hirt till from the slave trade, with what feelingehiscongenu-
. .114 lattty years of her reign, weal the preparations of latory oratipn would be listened to ? Assueedlye it
Philip 11. and the machinations of some of her own would be received with a just, a vehement, and nni-
objects ot the Roman Catholic persuasion, menaced verse; buret of indignation • the spirit of the times was
the eeetthtcrw of her government, that she could, changed... He did not wish to arraign the wisdom of
being herself to coppieuance persecution. if they, pur ancestors, but without doing so generally, he
- looked to vie petted of the Revolution they would I cpuld safely assert, that they legislated in a different
, alse hind, oat in all the measures of that period the I spirit from that. which could now with propriety ac-
edeeignce to the old rpiscepalian principle was never , tuate or did actuate that assembly. The questions now
eteseetated hom .the nice et rebellion, and the disqua. , was not whether we were to renew a system which
litication was directed against, not the religion Goethe , it had been fcnnd necessary to depart from ; but
- • eeligious creed, but the political disloyalty. This whether, having proved its inefficacy, we were to give
they would find Lid down in the werke of the beg full operation to principles of an opposite enure..
%%nets of the day. The same opinion wee entertained —We read in the history of ancient Rome that the!
by a great ether, who could not be stepeeted of any Samnitee, the inveterate enemies of that Power, have
great partiality to liberty (Mr. Just ce Blackstone) ing.hecome Misstert of a considerable arrey, sent
heiore any relaxation took piste( place in tbe Penal against them, and headed by the Consuls at the Ca-1
Code. Upon the sehjeee of these Otatotee that writer cidini Forks, the victorious General sent a message
' lead the following peesege ; .: to his father, an aged and experienced Senator, to
• .e 1 his is a short alfilunarl of the laws eesinse the Ivo; an. inquire as to the manner in which be should proceed
ear their three serial dawns, M.petsons 'professing the kcptsh at so it:upset:net a juncture e—the answer of the sad
ireeterio:zzitse eiaisants ci4aviet, and Popish priests. Of whida wan was, that the llamas: shooed be dime... 4 u'. •
~ • las ' Mentisquiett ebstres,' that they we seerieusees, ....es
.4-
s-1!.'.-.16•4401 ass professedly Qedue saissuilmy Idol, dist am de as ransomed; this aeswee-ereated much surrie; And
Os Niel Um as PoodisalY be dtoe in sled Nest. lab al/Art t WM. ailtakeS being . apprehended, the • •..
. t. Airy may tie tateetved (what twetistss vats esti ladle treat VMS lent a second
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not °gill "II" 69 ft " iiii" are 1. a Ta 7 aPPasita -P 'PI!
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