Star.
London, England, 1801-03-23 00:00:00

MARTIAL LAW IN IRCLAND.

Lord CASTLEREAGH moved the Order of the
Day for the third reading of the Bill; empower-
ing the Lord Lieutenant of Ircl And to enforce mar-
tial law in that part of the United Kingdom, and
the queftion being put, that the Bill be now read
a third time,
Mr. WkIITIREAD rote to make a loft effort to
modify the Bill, fine it was not in his power to
prevent its palling. He thould only detain the
Houfe while he propofed fuch amendments to it
as thould render the Bill what the Noble Lord
who framed it purported it to be. The fubftance
of his intended amendments was,
t. To pnirent any otlinder from having any punifhment
fiitt,cl on hint by virtue of this Aft, wads he was adjudged to
undergo loch punillunent by the fentencc of a Court Martial
prop, rly conitituted according to the Paid
2. 'll bat no ps rim Ibould be qualified to fit on fuels Courts
Martial, who had not attained the age of at years.
3. That no punifhment fhall he inflieted by the Paid Courts
Martial other than would be inflifted on loch Wraiths*, if they
had been tried according to the Common or Statute Law for
the fame alsnces, and found guilty by a Jury.
4. That no perfan Own be tried again by • Court Martial
who had alrtady been tried by the ordinary Courts for the fame
offence, and acquitted by a Tenn& of Not Guilty.
The queflion was put on thee four amendments,
which were all negatived without a divifion.
On the motion that the Bill do pats,
Sir Joint PARKLL.s confelkd that there were

many circumf',-- k! preterit Rate of Ireland'
which might - it advifable to pars th,
prefent Bill, it laying any information be-
fore the Ilcsufe in proof of its neceffity. That in
forniation might hcrhhips he now difpenfed with ;
but when it was .--or.fi,tered thtit very few Gentle-
men comparativ,ly had any local knowledge of
that, part of the United Kingdom, he trufted that
when it fhould be propofed to renew the Bill (it
fuch a proration fhould be made to the Houfe),
that every pofhible information fhould be collected
and laid before them, that could tend fatisfadorily
to prove the neceffity of fuch a meafure. It could
not be denied that the Judges were now on the cir-
cuits throughout Ireland, and adminiftering juffice
without any interruption. It was his opinion
therefore that Government fhould call upon them
on their return, to give in a Report of the Rate of
the country, which he conceived mull contain the
belt and moil regular information that could be
procured, bosh with refped to the quantum of
criminality in the country, and of the probability
there was of its encreafing or diminifhing.
Lord HAWICESRUIY perfectly acquiefced in the
opinion of the worthy Baronet, and thought that
it might be proper to refer what information could
be colleded to a Secret Committee, and found the
necerlity of the Bill on their Report; but it was
impoffibl- to do fo in the prefent occafion.from
want of time, as the enquiry could not well have
been concluded before the ad expired. He made
no doubt, however, that his Noble Friend would
on a future occafion move for fuch a Committee,
and fee from their Report, whether it would be
neceffary to continue the Bill beyond the 24th of
June, on which day it would expire according to
the prefent ad. The information given by the
Irith Parliament during two feffions was furely
primapeie, fufficient grounds for entertaining the
queftion at prefent.
Sir FRANCIS BURDFTT Could not agree with the
Noble Secretary of State, that the proceedings of
the Irifh Parliament alone were fufficient to juftify
the Imperial Parliament in palling the Bill without
any other information before them. For his part
he had heard nothing but loofe affertion, unfupport-
ed by any one fad, fubflantiatedin a regular par-
liamentary manner.—Not a reafon had been ad-
duced to juftify its necefflty, but the old Rate plea
of neceffity, which could not be proved to be fo
thong in the prefent circumflances, as to be ad-
mitted as a juftification of violence and omeffion,
which neceffarily attended the enforcing of riaartial
law, that never fhould be retorted to but in cafes
of actual rebellion or invafion. He could draw
his conclufions from the very documents laid down
by the fupporters of the Bill. According to their
arguments, Ireland could not be fafe but under
the protecting fhield of Great Britain, and through
'the energy of her foftering arm. For this protec-
tion they could not look to the Irifh Parliament.
Yet what were the proceedings and ads of that Par-
liament of which they complain ?--Is it their ads
of lenity and conciliation fo powerfully manifefted
in the Convention and Gunpowder Bills; in their
Bills for permitting free quarters, and enforcing_
martial law ? Of there Bills, and many others of
a fimilar nature, the Irifh Parliament Rood felf-
convided. Yet, on the very grounds on which
the Noble Lord tarpons the prefent meafure, did
he put an end to the Irith Parliament, that teemed
Co little abhorrent from the fpirit of this Bill. The
Irith Parliament was, however, more excufable
in pairing it than the Imperial Parliament is now;
for we cannot be fuppofed to be inftigated by the
fame paffions or by the fame local prejudices by
which their opinions mull neceffarily have been
warped. Befides, it' the Noble Lord would a:
tend to the lall Speech of the Marquis Cornwallis
to the Irilh Parliament, he would find that, in
congratulating them on the happy effects of the
Union, that illullrious Nobleman aliened that
IN•nev1:1 sward the Country could not be divided by
ladion nor overturned by
_firer. Is not this after-
lion in dire.% contradidon to all the arguments
urged by the Noble Lord in favour of the Bill
He could then fairly fay that he had Teuton and
teflimony on his fide, in condemning it ; and with
inch fupport he mutt continue to raife his voice in
defence of the oppreded, ill-treated, and gallant
People of Ireland.
Bat, it is fad inch is the humanity and lenity
the Nobleman's cliaradcr who now prefides
over Ireland, that nothing fliould be feared from
entruffing filch power to loch hands. But, in the
firll place, that Noble Marquis is on the eve of
recalled ; and in the fecond place, he never
would confetti to clothe any mortal man, however
fair his charader, with a power fn tremendous.
And here he would remind the Houfe of what had
appeared at a Court Martial held at Dublin, and
over which a Noble Lord prefided :—a yeoman
of the name if Wollaghan was tried and acquitted
by that Court, for Mooting a perfon whom he Jiff
paged of being a rebel : he did not deny the fad,
but he pleaded a licence that had been given by
an order of Government to fhoot any man who
wasfip*aed of rebellion ! On this fad it was not
neceliaty to make any comment.
Sir WTI. ELFORD thought the information laid
before the Houfe by the Members for Ireland fa-
ficiently full and fatisfaftory to juffify the neccflity
of the Bill.

Mr. MARTIN laid, I perceive by the fpeecla of
the Honourable Baronet, that to convey our mean-
ing by a blunder, is not the peculiar privilege of
thole oho refide on the other fide of St. George's
Channel.—The Honourable Baronet, with a per-
fcCtly Eng accent, has juft uttered the moll pal-
pable blunder I ever heard.—The Gentleman told
us that he would adduce inflanees of perfons tor-
tured and wantonly pre I, ,f rL by courts martial
fitting during the adminiltration of tl,e Noble
Marquis. Now what is the inftance l that a man
of the name of Wollaghan was tried and acquit:ed.
The Honourable Baronet faysWollaglian produced
as his juilification an order iffued uy Lord Corn-
wallis, to put all perfons furpeacd to be rebels to
death. With all refpeCt to the Honourable Mem-
ber, but at the fame time with all firmnefs, allow
'me to direly contradift the fait—Oat of four mil-
lions of inhabitants that daily blefs the administra-
tion of the Noble Marquis, no one ever charge.i
fukb an order to h,;ve itf.ted either by Lord Corn-

walls or his authority. Wollaghan at tried by
the immediate ordrs of the Noble Marquis—for
what ? For (hooting in a barbarous manner an
unfortunate youth who had returned to his aged
mother's home, with a proteaion in the nature of
a pardon, which Lord Cornwallis ordered to be
granted to the deluded wretches engaged in the
rebellion. I am forry to own, that I have heard
the Noble Marquis charged with too general an
extenlion of mercy, but it never occurred to the
waking thoughts of any but the Honourable Mem-
ber, to accuse that Nobleman of cruelty.—Even
calumny, until now, rejeeed fo groundlefs a charge.
Were lenity now charged as an error, as it often
was, and that not much to the credit of die affem-
bly where that charge was made, I fliould be
prepared to juftify not only the humanity but
the policy of the meafure I allude to. Mr.
Speaker, I vote that this Bill fhould pats; but 1.
do not vote it fhould pats on thole grounds on
which many Honourable Members have fupported
it. I do not vote for the third reading of the Bill,
bccaufe there exilts any rebellion in Ireland.—l
defend my country from the imputation of tech a
charge—l fay the crime of rebellion hardly exifts
Firft, there is no rebellion, as I contend, and if there
even were a rebellion, that alone, without cowomit.att
eircumfiawes of neceffity, would not jollity this Bill.
The crime of treafon can be as certainly, and more
beneficially for the Rate, punifhed by the verdiel of
a Jury indifferently chofen, under the direeion of a
Court commanded to be ofCounfel with the prifoner.
Do thole Gentlemen think they have done enough
in vindication of this Bill, when they tell you that
the Mail has been robbed ? Why, Mails have been
robbed in England, yet who ever heard of a Court
Martial affembled at the Horfe Guards to try fuch
felony ? How many rebellions have we had in
England from the Conqueß to the prefent time,
but there cannot be a tingle instance adduced of
perfons tried by Martial Law in the very fight and
hearing of the Courts of common and ordinary
jurifdietion.—So, Sir, the mere exiftence of treason
or traitors, is not in itfelf fufficient to justify this
meafure.—Were I to admit that a rebellion now
exifts in Ireland, I Mould feel mytelf compelled to
acknowledge, that the Union of the two countries
had not produced the effect fo many of us
predi&ed, of tranquillizing the country—l should
alto feel that I held out one of the Itrongeft
motives that could be offered to the enemy to
make a defcent and landing upon our coaft.—
I have now Rated, Mr. Speaker, thofe reafons
on which I could not venture as others have
done, to fupport this Bill. I will now, with the
indulgence of the Houfe, lay before you thofe
reafons on which I vindicate my fupport of the
prefent Motion.—l vote for this Bill not toeftablifh
Martial Law, but to prevent the painful neceflity of
appealing to fuch a meafure.—Do Gentlemen fur-
pofe, that when this Bill pafres, Martial law will
become of neceffity eftablifhed, even during the
three months it is enacted for ? No—it only ena-
bles the Lord Lieutenant to retort to the provi-
fions of this law, but does not oblige him fo to do;
on the contrary, a heavy refponGbility will attac
upon thole who ad under this law, if the cianser-
ous fituation of the Country Thall not require tar.
and fuppofe this Bill not paired, there are circum-
fiances that would clearly justify the Govern-
ment of Ireland, if they were to try Rebels by
Court-martial.—This Bill then only anticipates
that indemnity which Parliament would strum?.
ly grant. This fiatute when palled will be in
the nature of a vote of credit, to be reforted to
or not as occafions may require. There is one
reafon above all others which induces me to fup-
port the prefent measure, and that is, tendernefs
towards the accord. You know, Sir, that in cafe
ff
of any commotion, juries will be aembled from
the vicinage—thofe jurors will probably be fuf.
ferers, and fuch jurors may at with that precipita-
tion which occurred too often during die rebellion.
LI the jurors that arc to try the accufed be not thus
compoled, to us to d.jiroy the innocent, it may, as it
has, occurred, that Inch jurors will con:poled
of perfons fearing the murder of themfelres and
their families, in cafe they coarie thole againli
whom the dune ft guilt fhall he ettablithed.—Ana-
nymJus letters have been polled up, declai ing that
all itirors who conviaed Ihould be put to death,
and in Moll inflances the Rebels performed their
tanguinary contract. A trial where accufation
may Rand for proof, is but a flute for the lives of
die innocent.—A trial, where thofe who judge the
fia, are influenced by terror to pronounce thole
innocent whom they feel in their confcicnce to be
guilty, is a tribunal to which the public fafety
ought not to be confided.
When reduced to chute between fuch evils, I do
not hefitate to fly, that martial law, though in
itfelf an evil, may become a remedy for !till greater,
under fuch circum Rance:, to protect the innocent
and do juftice at the fame time to the count) y, by
the instalment of crimes. I cannot difappri.ve of
trials by courts martial, when thole courts ale ad-
vifed and direaed by lawyers of high charadter in
their profeMon, and none others were ever em-
ployed under the government of the Marquis Corn-
wallis. Betides this, Sir, the proceedings of fuclt
courts were never delegated to the revition of any
commanding officer, however dillinguiffied ; they
were referred lithely fur the final dceifion of the
Noble Marq..is himfeif; and it is well known the
trembktg anxiety with which he performed this
awful dtity.-1 call upon Gentlemen srl.a °ppm::
the Bill, and who have been fludioub its retorting to
alma calurnny,to produce a tingle inflance during
• his Government, where it was even imputed toliim
I that any man was pun flied by fentence of a Court-
. martial, where his guilt was not eilabliffied by ea-
prmf. An Hon. Member (Mr. Nicholls),
has endeavoured to render what I have Paid ridicu-
lous, but he can rnly do. fo when he Rates his own
comprehenfion hulead of my ex preflion.
Mr. WHITILF 41) contended, that no blame
whatever !Ltd been in.oted to the Marquis Corn-
wallis by Lis Hon. friend (Sir F. Burdett), nor
by any one of thofe who t.n his fide of the Houk
hail spoken againft the Bill. The very faa aditu-
ci:J by the Hon. Baronet redounded to the praiffi
of the Noble 4kto-quis. for in confequence of the
i yeoman haring' beet, acquitted in contradiEtion to
• the se:la:cc tea: proved him a murderer, an

eirja- was iffued by the Lord Lieutenant, not On-
ly reprobating the conduit of the Court Martial,
who 1,A,1 thus acquitted him, but diffolving it al-
together, and ordering that no one of thole who
callipered it lhould again be permitted to fit on a
Court Martial. This fait alone fufficicntly proved
the fiate of the public mind, and how little influ-
ence, even a character fuch as that of the Marquis
Cornwallis, could exert in controuling it. What
fecurity then can be fuppofed to be derived from
tharaaer againft the abufe of fuch a power, fine
it cannot avail in bringinglthe blaCkelt guilt to pu-
hifhment ? An Hon. Gentleman (Mr. Martin)
confeffes there is no rebellion actually exifting in
Ireland; but that the phyfician lhould Bill be ready
to adminifter medicine to the patient—and what
medicine ?—only one kind it teems, and that not an
emollient, nor a lenitive ; and inftcad of the heal-
ing art of the phyfician, the furgeon and his knife
to cut and extirpate. To the flatute book of the
Irifh Parliament,on which fo much fliefs had been
laid, he would now briefly advert and point out
Tome enaaments which could not be viewed with-
out fomething like furprife and horror. By virtue
of thefe 'enaaments, innocence, iwhen once fut.
peed, had no means left to retrieve its character.
To one of thefe ftatutes be muff now particularly
allude ; he meant that which held out an indemni-
ty to fleriffs, Ste. for efts of whipping, affitults,
and other ill-treatment inflh!ted on perfons who
were afterwards proved innocent ; and if an aaion
was brought by the fafferer for fuch ill treatment,
he could meet with no redrefs, unlefs be proved
that the officer who thus ill treated him, did not
do fo with a view to the fuppreffion of the rebel-
lion, but malicioufly and wantonly ; there was
therefore no redrefs at all, fence it is impollible for
the plaintiff to dive into the fecrets of his oppref-
for's breaft. Is this a flatute book worthy of the
wifdom and prudence of a civilized country ? But
to thefe acts he only adverted in order to thew how
little the ftatute book of the Irilh Parliament could
be retorted to with dial for arguments to juftify
the parting of this Bill.
Lord Cots (eldeft forrof the Earl of Bnnifkillen,
who, we underfiand, had prefided at the court
martial alluded to), replied with great warmth,
that the Honourable Member ought to be more
Ered in his expreflions, and have waited to be
tel. informed of fa&s repelling that court mar-
tial, before he prefumed to traduce the charac-
ter of any gentleman not pretent, and of one, cfpe-
ciallnwhore name and whofc honour he would vin-
dicate againft the afperfions of any Member in
that or any other Houfe.
Mr. WHITBREAD rofe to continue his fpeech,
by fire explaining to the Houfe, and alluring
the Noble Lord, he meant no perfonal allufion
whatever to any individual Member of the
court martial alluded to, nor did he know the
names of any of thole who compeed it ; but,
(peaking as a public man, and a Member of Par-
liament, he had a right, and would maintain it,
to fpeak of public fads. He continued to repro-
bate the Bill; and, to far from taking the fucccf-
five enaaments of the Irifh Parliament to warrant
this Houfe in its adoption, he would look to the
laft year's volume of their ftatutes as fpecimcns,
which he hoped this Houfe would not be induced to
imitate, and tome of which were only to be viewed
with horror and abomination. And as to the ar-
gument of the Honourable Member, that giving
this power to the Lord Lieutenant was placing
him by the bedfide of the convalefcent country,
he exhibited him to his view rather as the relent-
lefs furgeon with his knife to extirpate, than as a
friendly phyfician with his medicine to heal.
Mr. NicHOLLs deprecated the palling of the Bill
as if it were a mere vote of credit, and entreated
the Noble Lord who brought it in, not to prefs it
on fuch a ground.
Mr. Islaarie (of Galway) in explanation, raid,
that he did not treat the queition as a vote of cre-
dit; his opinion was, and he hoped he expreffed
it intelligibly, that he voted for the Bill becaufe it
was neceffary on account of the pre.difpofition to
rebellion which fill exifted in Ireland, and not on
account of any
.ititual rebellion raging in the coun-
try

Mr Lunn never heard a fpeech in Parliament
fo inflammatory as thofe made by tome Gentlemen
oppofite him. The loyal Gentry of Ireland were
to meet with no mercy—all their eompaffion was
engtoffed by the poor Rebels. No one doubted of
the mildnefs of Marquis Cornvrallis's difpolition,
and many think that if he erred it was on the fide
of rnildnefs. An Honourable Gentleman (Mr.
Whitbread) tells us to look at the hitt% flatutes ;
but in looking into them he finds every thing to
blame and nothing to commend : he even over-
Icoks the 11l a& of Marquis Cornwallis's, admini-
fitation, an aCt of univerfal pardon. Bat he had
only to tell the Honourable Gentleman, that
if a rebellion raged in this country like that
in Ireland, he would not take the part. nor urge
the arguments which he is now pleafed to adopt.
For his part he never would fit filent and hear the
tharalter of his country or of his countrymen'tra-
duced and maligned.

Lord BILCIILAVI and Mr. ALIXANDIR Paid a few
words in favour of the Bill.
Mr. WHITIIIIIIII Wilbed' that the forms of the
Rode permitted him to (peak again, that he might
explain what in his fpeech appeared to have given
fo much offence. It was but too- common with
Gentlemen on the other fide to call every thing by
the name of inflammatory which they did notlike
to hear. [e 1 ery o.osykr. Order I]
Mr. HORN a Tooaa rate, he Laid, with great dif-
fidence and timidity, after the language be had
heard this night in the courfe of debate. He did
not with to offend, though he was not without ap-
Prehenfions, that whatever he might fay, however
unintentionally, might he taken as offence by tome
Gentleman in the Houfe ; he did not like to be
told he was a blunderer, neither did he with to be
told what be thould fay was ridiculous; Rill kfs
did he with to utter any thing offenfive or &for.
derly to the Houfe, or to any of its Members—
thereforer he intreated, if Mr. Speaker thould
fund him lapfing into any language diforderly or
,drenfives he would have the goodnefs to cut him
immiTs sod revolt him from proceeding (Ivor :

Afar! !)—Thuugh a 7ousnz cf Par-
liament, he was an old and ,xp rcl of
its forms and proceedings; atia h. cn'ild fly,
that before it became an United
proceedings were marked by decency ;Ind decoram
—not marred by intemperance, nor difgraced by
angry and offensive perfonality. If, now that it
gas an United Parliiment, he might venture,
without giving offence, to recommend a line of
conduct to that Houle, or to its Members, likely
to avoid difrefped, and procure veneration for
its authority, he would fuggea to their good
fenfe as Senators, and to their good manners as
Gentlemen, a peaceable, polite, deliberative, and
orderly mode of proceeding—for furely it was pof-
fible for Gentlemen to convey arguments upon any
point, as muchto their purple, and as flrong as the
cafe required, without reforting to offenfive perfon-
alities, which ferved but to degrade their good
fenfe and difgrace their proceedings. An Hon.
Gentleman had acc did the Hon. Baronet his friend
near him, of fomethin7—lie did not with to give it
a name—but the Hon.. Gentleman himfelf i , n that
accufation, had fallen into fomething of a very ft-
milar nature, which he hoped it was fufficiently
tender to call alifronceptiox; for he underflood his
Honourable Friend to fay—not that Lord Corn-
y-anis, or his Government, fantioncd or permitted
ads of murder—but that the murderer, on his trial,
made fuck a plea. The Honourable Member,
too, in proof of Lord C.'l clemency, argued that a
life had been Paved—but whole was that life
Why, the life of the murderer, Wollaghan. He
was by no means inclined to impute this to Lord
Cornwallis—but that the clemency of that Noble
Lord, or of any other man, fhould be held a fa.
ficicnt argument to make him arbitrary over the
liberty or property, the life or death, of Britith
fubjeas, would be the moil dangerous argument
that any Parliament of England ever lillened to
—and, if it once grew into a precedent, we are
all gone—in the fecurity of either, as our hillory
would fully evince.—He concluded by repeating
his i» junctions for peaceable and decorous proceed-
ing, as he difliked angry and irritating arguments,
being a timid and peaceable man.
The debate now became defultory, Mr. Wu :T-
-READ rote feveral times to explain. but was inter-
rupted by the ,Speaker : he was at length, how-
vet., permitted to explain, by difclaimiug all in-
tentional perfonality to any man.
Sir FIANCIS Buanarr, and Mr. LEiON did the
fame.

After Tome further converfation the quellion
was put, the bill palled, and ordered to the Lords;
and after fome routine bufinefs, the Houfc ad-
journed till to-morrow.