Star.
London, England, 1805-02-09 00:00:00

SUSPENSION OF THE NAHEAS CORPUS ACT IN

IRFLabiD.

Sit EVAN NEE EAN role to make his promifed
motion for leave to holing in a Bill furthei to conti-
nue the Sufpention of t:.e llamas Corpus Ail in
Ireland. In order to which he moved pro forma, that
the faid Bill, with it's• previous contmu,itic3s, be now
read ; and which being entered as read accordingly,

Sir Evan prefaced Ms moti In by a Sort (perch. Tie
raid, that under the continue.' menaces of the enemy
to invade our coatis, the notoriety of the Eta that
Ireland was long a leading and avmred objet of the
enemy's defigns, could not be qneftioned : that a
Committee of frillunen were notoriouily fitting in

Paris, whore avowed objed it was to facilitate the
bufinefs of a decent upon Ireland, and carry an a
correfpondence with fecret traitors in that country,
for the purpofe of fowing (edition, and exciting
adherents to their purpofe ansonga the deluded mul-
titude. It became indifpenfably necefrary, in order
to defeat their machinations and counterad Inch ti ea-
foaahle plots, to continue for a time longer the opera-
cons of this Bill, and thereby arm the lan Govern-
ment by the further continuance of an authority
which had already proved fo falotary and efficacious
hi preferring the tranquillity of that country; more
efpecially too as the prefent law would expire with-
in the fhort period of fix weeks, in which cafe a
number of perfons now confined in prifon upon
treafonable charges mull be liberated, and left to
follow their fecret machinations without centront
He therefore moved 44 for leave to bring in a Bill to
continue for a time longer,tnbelimited,the faid law."
Sir JOHN NEWPORT, in riling to trefpafs
-upon the attention of the Houle, hoped he thould
not be contidered as throwing any cenfure upon the
Government of Ireland, or any infinuatiim that the
power repofed by the exifling law in the hands of
the prefent Chief Governor of that part of the Em-
pire,had been productive of ar.y reprehentible
abufe. He could not, however, on fo very momen-
tous a propollion as that, for Ilia longer fulpend-
ing, in fo contiJerable and importam a portion of
the Empire, the moll valuable privilege of our glo-
rious Conflitution. fupprefs his decided opinion, that
before the Right Him. Baronet called for the racist
of Parliament to his intrechinien of fuch a meathre,
ihmething more than mere light :?,rounds llionid have
been flitted to juilify loch a propolkion. The Rate-
ment that an (dal Commi:tee WIS faring in Paris,
avowing hoflile purp:fes for the invation of Ireland,
Was furely not a lufficient reafon fee fufpending the
conaitution throughout that comat y, and involving
a whole nation under one difgracc:nl profcription
with a few forpeded traitors ; for if the mirchief was
really as extenfive as the Bill portended, fomeihiog
more of. explanation, and ltroo,„oer grounds ought to
be fuhmitted to Pargitinent, before their affeur was
called for to the continuance of in fevcre a mcafure.
—ti the continuance of fuch a Committee fitting, at
Par is was tooperate as ajutlification for the continuance
of fuch a law, we mull look to no other limitation lot
its exillence than the continuation of the war : for if
the enemy thoold perceive that the appointment of
fuch a Commit:cc at Paris was to operate as a eau fe
for the perpetuation of a law that millet not fail to
wound and exafperate the nationei pi.ole end feelings
of the Irifh people, and io far motti,l them to the
purpofes of chieontent and difaffeetion, they might
relt allured the enemy would be zealous to keep up
that Committee, and attach to it the u:ranli pin:sic
importance, it .t were oniy to create a ground of
alarm, difirua, and apprehenfion towards Ireland,
and thus to weaken the energies of both countries.—
He had been taught from his youth to ellimate the
benefits of the Habeas Ciapits A& as the moll
, invaluable part of the Britifh Conflitution, and to
'think that it never ought to be Infpended but upon
the flanngeß grounds: all he fhoald now fay was,
i that no !itch grounds had been !hewn as yet. It was
lof the foal importance, that the people of Ireland
lliould be taught to feel that the Imperial Parliament
j was amender of their privileges, and as vigilant with
regard to their rights and light ties, as towards thole
•i of the people of England, North Britain, or any
i other part of the empire. It behoved the Parliament
. I to ad with the mot' lei upulous precaution in palling
laws fir di.legaAng to the hands of individuals, arbi-
i teary pewers of this kind to be exercifed in diaant
parts of the empire, not fn immediately within their
own centroel, or fo fubjed to detedion and reiponfi
i Wits- for the :thole of filch powers. He felt it oil-
' ince-elf:try to te:l the Hwife of the many ',inhumes
. 0 where filch irawei.s had bean delegated to petty offi•
; Icers in in;toot diltritto who had committed the grof
felt atones thereof. Wiiiiin eve love; week the Right
; j Hon. tarcieet had ee:necii. the molt pai.p.thie it reii,lu •
lion a: to the necehi: y of perfeveriog in his meafore.
He gave Loewe of it one day ; in two day:- after
ward: he rz..ielqun.d it, ::.1.1 now ng.lin it v.•:!,.
IM,llgill fit ward At •Viellty-f,mr knots ii it ce. So fit
from the general- nate et Ireland calling at chi:: roo•
meet far Each a :n^ .lure. to hi- ..:non-iedge tne.r.t ....cie
many parts of c:iat (-not-dry as 11iiiril.ly attaci,il iii
their Kin? ::eal Cer,!l,:,lizicai as any parr of (,;cat
Britain ; the whele rrovin.:e M. I were ..1. :'.xis
defcripii, it. What intiq. be iiier I eTng to he Coo

included in the tame ff.•ntence
thole who were deemed trai:urs and feditioniits. Ile
concludec! wi7ll moving-, that all the words:ll...T the
word a that", in the 01;;I:1;d he omitted ;
and that in place. th...1.•!0t imetted the
" A Committee of one hlen.Lcrs of ;hi: to b^
elan by bal!ot, be api:Gill:td to tahc in•(, :o:IfIlemt;:e; fee!:
cumer.ts as nail he :o.ln, an.l epiniGn to
this Houle, whobet 1!:C 11''tilfC o.rx pol,_!,:tl he rendered re •
eefrary by the eireitihit.,)::.:s 0: :he rot:t!trl.."
Mr. DENNIS that the c:r-
cumflances of the Cone.. (Alec' ind;lpentibly for the
prefent mcaftire ; for c tr at mars of the
people of Ireland were loyal and •;:...; air..Eled, there
were Hill many triit,r. reLh-tt in the country, the
accredited agents' Francr, who regiihr cor-
refpondence with their tcllaw trait(); s in PatF,
on the French coalt.
Mr. HUTCHINSON agrLtd wide the Honour*.
Isle Baronet (sir John Newport ), that nn realm: had
been given to induce the Iloute to the adoption of
this ttrong meafure, and he regretted that the Go-
vernment of Ireland thould feel it nec.efiary to call
upon Parliament for fu ftrong a meantre.. Nev:rtlie-
lefs he mutt give his negative to the amendment.
Sir JOHN STUART laid it did not furptife him
much that Gentlemen Iheuld receive the prop:Talon
for this meafure with fo mach coldnefs; hut be hap-
pened, in the cootie of his official con"e ion with the
Government of Ireland, to have the mclarchnly ex
perience of circunattances to prove the necetlity tOr
this meafure, and he had nu befit:Won, for one, to
declare it was indifpenGbly requilite far the trarnr!il•
lity of that country. That part of the country with
which he was more immediately connthed (the pro
vince of Mkt) was as eminent fur its loyalty as any
other part or trelani ; hut he was far from laying
that t vcry pat t of the province was to, or that oo

'confiderable part of the inhabitants were Rill tainf-:
with feditious principles. On the part of the Ilya4
majority of the people of Ireland he eked for, a;of
earnettly folicited this meafure, as a protettion asyiuoi
the difaffeCted and difh,yal. From his own official
experience he was convinced, that if the various par-
ticular carafes in exiitence were to be difelofed, it
would direaly tend to fix fufpicion upon the partiec
by whnm difcoveries were communicated to the G..)-
vernnfent, gad not. only flop up the fources of future
information, but expoce the lives of thole perlons to
immediate affafiination, as had frequently been the
cafe heretofore. For the fame reafon it was deen.cd
improper at prefent to (ming to trial many of the per-
fens againit ..v!..ons the lirongett proofs were in exit-
tence, becaufe it was deemed folk to difelnfe the
names of the evidence.

Mr. WINDHAM did not rife to exprefs any opi-
nion, whether the meafure propnied was occult:try or
not ; but to alk the Houfe, whether it fhould be oaf-
fed without very firong proofs (hewn of its necelfity
He knew that be had himfelf often voted !wince fOr
the adoption of timilar meafares, both with ref-pea to
this country and Ireland, but never without the Limn
ell exiling in his own mind of their abfir-
lute necefilty. A meafure of this fort, however, was
not to be v7.ted as a thing (denude, like a Malt Tax.
or any other annual money Bill, merely becaufe a
Ivliniller moves it at twenty-four hours notice, with-
out any cle.:r reafon given why the Houfe (hook!
adopt it. Was the Houfe to pars fuch a meafore,
without even the alledgment, much lets the proof of
any fufficient ground ? If it was to be voted during
the war, it might, for aught the Houfe knew, be
deemed necefrary during - the peace, when any
thing like a meafure of hnilility fhould be held out
by France. Was the conflitution of the realm of
that nature, that it could be made to flop, or be let
agoing, with the motion of a feather, at the mere
fiat of a Minifler ? or was the Houle to be told, when
it alked for the realon of inch a meafare, that
there was a Committee fitting in France, and that
there were milehievous perfons living in Ireland ?
Would not the cafe he alked, be always fo ?—Or,
were there not mifchievons perfons alto in England ?
But, if the great mafs of the people in either country
were loyal, what mifchief was there to apprehend
from the fedititious few, if they had none but the
truly loyal to work on ? But did gentlemen really
think that the exigence of a Committee of Seditious
Irithmen in France, was a fifficient reafon for fuf•
pending the Habeas Corpus univerfally in Ireland?
such t propedition he thought a montlrous abturdi-
ty. Another argument offered for the meafure was,
that the perfon at prefent at the head of the Ira
Government, was not iiicely to abufe it. This how-
ever could not jullify the meafure, if abfolute cir-
cumaanets did not demand it—and none fuch were
proved. It was frid that a part of the country wifhed
for it. He very readily conceived that chafe to whnfe
hands the exercife of the power was to be committed
wilhed for it. It might be a very good thing for
them, but it might be claire istherwile for the great
majority of the people, upon whom it was to be ex-
ercifed. The Hon. Baronet did rot, by his amend-
ment, call upon the Houk to rejet'l the meafore—he
only called for a Committee to enquire into its necefe•
fay. The meafure was one which could not be
founded upon the mifeondua of a few individuals,
it mull have general grounds. A late Hon. Friend
of his., who profeifed to know well the late of Ire-
land, not long finee declared that country to be per-
lefty tranquil ; and ye: now it was propofed to pats
a meafure for filfpending the liberties of the people of
Ireland, without any cattle whatever being thewn to
warrant the Ilep. Such a principle of proceeding he
could never fanetion. He thought fully with the
Hon. Baronet, who introduced the amendment, that
it was the peculiar duty of Parliament to be cautiotr.
in delegating arbitrary powers to perfons in thc go-
vernment of dilant provinces, which, by their lc-
motenefs from the immediate fuperintendance of Par-
liament, were the more liable to abufes in the exer-
ciie of fech authority ; and however highly he was
difpoled ti, think of the humanity of the Chief Go•
vernor r-f Leland, he could not atfent to the motiou
of the It i:4ltt Hon. Baronet, without fetcher kauw.
ledge of is neceffity.
The CHANCELLOR of the EXCHEQUER
la:d he could not fupprefs his furprife at the avowal
of loch e plinciple as that expretted by the Right
I len. Ges.t letnan who Hooke hill, that in no poffible
cafe could the Houfe of Commons be warranted i*
V't:7c: a Toeafore for the temporary fidpention
the I! C. ;..;es Corpus ael, without previoutly inititnt
ing an lii;ry, and examining into the proofs of a
;'tee public notoriety of which was fn
palpa-
Lie to c y man of ordinary intelligence in the coun-
tri,, :IF to the nccellity of enquiry, or prod,
wholly fof.et'ittons. The Irn!lit Honourable Gen
Orman mint recolle6l what was his own uniform
,Aring the late war, when he himfelf hal
often votz.il fur the adoption of this and other me :-
titres of a limil.;v kind, without feeling any necefliry
for gain; into previous enspiiry. But while the
Right l-icnouriNe Gentleman airerted that no
1-7:iffl had been to prove the necellity of
the pre.ftnt meal, ire, lie did 11.4 teem to reciiihaq,
that it t•ini,:timio, happens that castles Inly be to
clear, fo 11,1; riots-, and to felfeyident, as to fender
any e.:1111 v re!pLz'ting their cx iiience
colons. Was it heriassie the re:d,li f..r the meal•!1.•
ilow:y told in a plain and camprehentive
that Gent;: oleo rnna therefore conclude that tot
was 5-,0 colour of neceJity fir this inealose ? 11J
tbirl: there was reafon exiling in !:•e
tioi si-•:h inged, and deq-crate
tint cit the f..:o.zioiss with %shorn N7e are sot
was. ? I !.,,{ m t Its kl4t,rlS bes.n long avowed's'
pecuii.o 1, •
.dried 1, into I: aansl, in the hop.;:
lira 011 fiat moil important member of the f'll
Empiir, 311.1 by nor only lc veriag that country-
this, bia tencicrin? her an luotile engine tin that
tide of England, :1-ereby la:alitate his n:a!ici-ii!
views for the inbjogation and deflralion of hij,
country ? Did Gentlerri:n think no reafon mac:
in the views of the enemy !till bent upon this pis.•
pole, or in the net.nic us (aft, ...it were it rot I.•
the Britifh fleets that have impeded his pork' -
by blocking up his armies and tquadrons
their own ports, that he would long line,: have pr
ccedec! to realize h's threats againit the huh CO of
Was there no reafon to be hound in the toireai.-.:
efforts the enemy have fur ye.-vs bet) making to to
cite rebellion in Ireland, and tl.c known exiltence .
this moment of a committee of bah traitors at

I

• *,, wio have long been tnuftereJ front the fugitives
on thtir native country, to carry on correfpom
nee with their fellow traitors at home, and foment
hie feeds of new rebellion ? Was there no reafon
to be found in the recent exiflence of an open
infurredion in the heart of that country, ex-
cited by the artifice of loch men ! Would any man
fry there were not grounds, calling as loudly for the
adoption c.rthis ineafore, as any which had induced
tl.e Right Hon. Gentleman, in the mirk of the loft
war, to vote, without feting the neceffity of previous
enquiry, for any flrong meafures which hid his
fandion and fupport. and I, hich he, Mr. Pitt, fin-
eel ely believed had proved t.*l. &ovation of the coon-
try ? The Right H••n. Goldman afked if the call-
ence of an Irilh Committee at Paris was a fufficient
!talon for (attending the Habeas Corpus Aft gene-
rally towards the people of Ireland ? To this he
anlwer, that the fapenfion was never meant to
()imam upon the loyalty of the country : but fu long
:IN fyiletn was avowed and continued by the enemy,
t I cciring dillurbance in Ireland, and carrying on a
c• .t r eiltondence with traitors in the heart of the country,
in long mid meafures of vigilance be maintained ;
and fo long as the war las, and the enemy canti-
nas: in the fame difpolition, the necefary meafures
of precaution ought not to ceafe. The Right Hon.
'Gentleman had not ventured to tell him that the
foarces of (edition were dried up, and therefore be
hula not blame him, if he hill maintained the fame
principles unchanged, to which that Right Honour-
able Gentleman had formerly given, and he trufted
would again give, his (import.. The Right Hon.
Gentleman alked, if the great majority of the peo-
ple of Ireland were to be fubjeded to the feverity of
this Meafure, on account of the feditiuus few ? 'lbis
was the fame dungy weapon that had been former-
ly ufed again' the Right Hon. Gentleman himfelf,
when fimilar meafures had his fupport, but which
weapon be always manfully oppofed and baffled with
his wonted ability. He well remembered the lan-
huage oppofed to the Right Honourable Gentleman
imfelf formerly, and which might be repeated
againft the prefent meafure. It might be Paid, that
it was libelling the loyalty of the majority in pairing
general meafures to meet the miliondud of the few.
But the Right Hon. Gentleman always met fuch ar
foments with his wonted ability and difcernmcnt.—
He well knew that what was termed the voice of the
great majority was nothing more than the clamour
of the (editions few, and that the real majority of the
nation were convinced of die neceffity of thole mea-
fures againft which that clamour was direded.—
That the great majority of the people of Ireland
were loyal and well &poled, he had no inclination
to doubt ; there was room to hope that a majority
of that who had been (educed into the late rebellion,
were under the zeal of republican principles, gene-
rated by the French Revolution, had feen their error
in the confequences of that revolution, and changed
their fentiments. There were reafon to hope the
loyalty of the generous Catholic felt no attachment
to that man who had trampled upon all the religions
of Europe, but molt of all upon his, by the folemn
mockeries to which he had perverted the ceremonies
of that religion, to cover the atrocities of his own
tifurpatian. There was reafon to hope the defperate
fituation of Europe, and the plunder, depopulation,
and defpotifm, under which every nation, vifited by
the hordes of France, now groaned, had opened the
eyes of all orders of people, and taught them to de-
precate the horrors of French alliance ; yet although
there was a great majority of the people whole loy-
alty was attached and unfhaken, would the Right
Honourable Gentleman contend that there was no
inifehicvotis minority in the country, who, though
unable of themfelves to effed their purples, would
yet he ever ready to combine with any enemy who
could effelt a landing, for the purpofes of pulling
down that majority, and Peeking to climb to power
upon the ruins of their country? It was the duty,
therefore, of the Legiflature to direi9 all its caution
to this point, and to protect the loyal againft the
rill( of filch a conflid. With regard to tie enquiry
monied, the notoriety of the tit cuniflances on which
this meafure was founded, made all reatiming on that
fubj:a roperfluous. Among the ohjedions to filch
an enquiry, he could not avoid noticing the danger
with which it mull be attended. What was the tort
of invefligation required ? It was to examine into
the fecret deigns of the enemy, and the links anon-
nedion by which they were united to the difaffeded
in Ireland. He had great confidence in the purity
and patriotifm of all the Members of that Houle ;
but fome allowance mull be made fur the tcndernels
of the feelings of all men, when the confequence of
the difclofure of fome keret intercourse is the fact i-
fice of the life of the perfnri immediately concerned.
If the general Hate of affairs, as publicly known,
were fufficient to jullify the meafure, the examina-
tion by a Committee would be inefficient and impo-
litic. With rrlped to notice, it was not corred to
fay the Honfe had not been apprized of this propofi-
tion ; notice was given lonic time fence, but it was
thought to be preferable to polipone the matter until
a time of more leilure ; and we were now arrived at
the moment when it would be inexpe'lient to Puffer
any further procrallinatian. He had now adverted
to the grounds of Hs opinion; he had frankly es-
poled the principle on which lie veiled the propofal.
Mr. WIXDHAM, in explanation, Paid, that he
had n..t ated that be w mild in no circumliances
uorcur in the lapenlion of the Habeas Corpus An
initittiting a Committee of Inquiry, but this
t .'id lay, and was ready to maintain, that upon
t nr.,nr.ds as thole which were Rated for the Mo-
• Lefere the Houle, it would be quite unjullifik
I,! r acLedeto that Motion without rrevions ingniry.
Mr. FOX tote and I poke to the following put pot t
V••d., Sir, os I have been alarmed, and have had to
reg• et the opinions avowed, and the conduct putiiied
by the Minifters of this country fur leveret years back,
particularly while headed by the Right Honourable
Ce tleman who now prefides over the Adminillration
of his Majefty's Government, yet I confefs that I
Lave never felt an equal degree of alarm to that which
the fentiments he has jolt uttered have excited in my
mind. I Resold hope, Sir, that he did not Speak tiri-
°idly. If he did—if be really and deliberately holds
Inch fentiments, I moll fay that I confider him as
maintaining principles the mull alarming that I hare
ever heard promulgated in this linute or this country,
and filch as I could fcarcely foppole it pollible that
any man who imagined the pe is of England re-
:l,ihed any degree of regard kr their liberties would
women to declare, or who praeffed even a refped

. .
(for the fpirit of Cite flr dlh Conflitiatioti would hear
!without pain. If the dodrines which the Right
Honourable Gentleman has this night avowed, be
thofe upon which he means to ad, and if he Should
obtain power fufficient to carry them ihto died, bow
melancholy is the profped for this country. But per.
haps the Right Hon. Gentleman meant to ufe the
declarations I have referred to merely as a defence
againft the arguments of my Right Hon. Friend
(Mr. Windham), and not as the indication of a fet-
tled opinion. If even fo, they were inefficient to the
purpofe of filch defence, and they certainly went
mach beyond any principles avowed by the Right
Hen. Gentleman or any of his colleagues, during
the laft war ; yet they were not incontinent with
thole principles. They were different from, though
not contrary to the nature of thole maxims which
diflated that mifchievous murk of policy towards
the people and their privileges, that it was my uni-
form endeavour to deprecate and prevent. Indeed,
the Right Hon. Gentleman himfelf never attempted
to go the length he has hazarded to-night. He never
before ventured to maintain that becaufe fame of the
people were bad fobjeas, the liberty of the whole
people Should be placed at the difcretion of the Mi.
nifier and his agents by the fufpenfion of the Habeas
Corpus Ad. With this Ratement he has coupled
fomething which he meant as a reply to the argu-
ments of my Right Honourable Friend (Mr. Wind.
ham), and as a charge upon me and thofe Gentle-
men who ailed with me in refitting the frequent mo-
tions for the fufpeolicin of the Habeas Corpus AO,
which in the courfe of the laft war were carried
through this Houle. The Right Honourable Gen-
tleman Rated that my Right Honourable Friend
has had recourfe, on this occafion, to that which he
himfelf to often baffled before, when ufed by my
friends and me, and which the Right Hon. Gentle-
man calls a " clumfy dilemma." But I would tell
him, arid my Right Hon. Friend alio, that it was
not the dilemma we (fated they fucceedcd in refuting,
but it was the clumfy mifreprefentaion of that di-
lemma, againft which they dirated their objeftions.
We never did maintain, that, while the majotity was
loyal, there could be no neeeffity fur a meafnre timi-
lar to that now before the Houfe. We never would
have offerted any thing fo abfurd and clumfy, that
the loyalty of a mere majority formed an argument
againft the adoption of any meafure: of precaution
againft the dilaffeCtion of a mere minority. We
never even faid that the loyalty of a conliderable ma-
jority would furnith an irrefiaible objeftion to inch
mealirres. Our rcafoning was uniforailv grounded
upon the degree and nature of the dilloyalty al
legded to caul, which we did not conceive filch as to
juflify the harth fyftem of proceeding the Right
Hon Gentleman was then purfuing. But it fuited
the Right Hon. Gentleman's purpofe to give ano-
ther defcription to our opinions, and again ft that other
and unjuft dcfcription his arguments were always le.
welled. The Right lion. Gentleman and his col-
leagues appeared to me in every inftance, to Rate in-
fufficient grounds to call for the rigorous meafures of
the IA war, but yet almoft any pounds they urged
at any time, were fufficiency itfelf, compared to thole
that are laid for the meafure now propofed. How
is the 'late of Ireland dcfcribed, even by thofe who
fuppert this propofition? Why, that it is in general,
and particularly in the Province of Ultler, which is
by far the 1110 n populous and important dinria of
the country, and once the moft lanceted of difloyal.
ty, as found, as welhdifpofed, and as loyal as any
part of England. Here then, we have a comparifin
made that enables ns to decide as to the nature of the
neceffity that exills for the farther continuance of fuch
a Bill. Here e e have a rule and meafure to guide
our judgment—and, what is molt extraordinary, fur.
niffied to us by the very men, who, notwithtlanding,
alien the necetlity of this meafure. But their realon
for the affertion is truly curious—"becanfe there are
tome difaffe.Red perfons in the country." And where
is it, I (honld be glad to know, that fuch perfons are
not to be found ? Are there not bad fithit:ets of every ,
kind to be met with, perhaps in every part of Eng-
land? Yet cutely, no man will venture to alledgc
that as a reafon for extending the operation of the
meafure before the Honk to this country. Perhaps
I,me one may be found to do fo. Poffibly !he Right
Hon. Gentleman may feel difpnfed to urge Lich a
propnfition. if he should entertain the wall, moll
certainly the adoption of the motion of the Hon.
Baronet will afford him a moll encnuraging prece-
dent. Unieis it be pretended that the meafoie of
jua;ee which is due to the people of Ireland is very
different from that which belongs to the people of
this country, and that different, nay eonti :try prin-
ciples of argument are applicable to the two coun-
tries, it cannot be laid that the Englith nation en-
joys the leaf fecurity againft the fufpenfion of its
Conflittition at the will of any Dlinilter, if :he motion
fubmitted by the Honourable Baronet be acceded
to upon inch flight grounds, or rather upon no,
grounds whatever. I have Elated, that I fee not
the kali necetlity for this propolitinn, and I always
Rated upon fimilar propofitions in the courfe of the
laft war, that I never law an adequate neceffity for
adopting them. This statement my full conviaion
jullifies me in repeating, and I fay again to the
Right Honourable Gentleman, and to my Right
Honourable Friend that they never fucceeded
in their reafoning againft my friends and me, but
by initiating our argument. We continually put the
queflion which naturally fuggelted idea' to our
minds, and which my Right Honourable Friend
has very properly put to night, namely, of what
, confecpienct is the difenntent or difaffeftion of a
ree it the great body of the people be found and
loyal ? Certainly, the confequence is not fuch as
to warrant the Itifpcnflon of public liberty—and I
never imagined that any man would have the har-
dihood to Wert in this Hotife, that it was. Bat
the Right Honourable Gentleman has exceeded my
expeetatirm. In the Jliole progrefs of his hoftility
to freedom, and the Conflitution of England, never
has he uttered any thing fo dangerous and alarming
as we have heard from ban to-night. Never has he at-
tempted to take fo great a flride before. In addition
to the exiftence of difaffellion in Ireland, the Right
Honourable Gentleman states another reafon for the
adoption of the meafure under confideration, and it
is this, which he defcribed in ve, y lofty terms—
that we are engaged in war, with an enemy who
threatens tv dettioy mtr Conflitution and indepen-
dence. I would aik, utre we ever at war with any
power, particuLtly in France, that was not willing to
;Lamy our independence, aye, quite as willing as the

prefent Government of France ? I never heard that
we were. It was, however, refereed for the Right
Honourable Gentleman to maintain that war is a
good ground for futpending the Habeas Corpus Aft.
But the Right Honourable Gentleman Oates, that
the enemy threatened Ireland with an invafion ; and
did he not alto threaten Great Britain ? Both thefe
reafons, therefore, are as applicable to the one coun-
try as the other, and would, as I laid before, equally
fullain the mention of the meafure before the Houle
to both countries. When reafons of that fort, there-
fore, are flayed, I mull feel as much alarm for Great
Britain as fur Ireland. I approve highly the true
and generous fentiments (and there is no fentitnent
generous that is not true), that have been expreffed
by the Honourable Baronet who moved the amend-
ment. He feels a laudable tendcrncfs and folicitutle
for Ireland, and to do I. But I feel alfo for Great
Britain, and who knows how foun it may be doomed
to Puffer from the effeas of that principle, which the
Right Honourable Gentleman reeks to eftablith in
the adoption of the motion before the Houle. That
Right Honourable Gentlemen would, I prefume, he
the hill to deny, that there exifted as strong grounds
to apprehend an invafion of Great Britain as of Ire-
land ; or even according to his own opinions fome•
thing more. Different opinions prevailed as to the
probability of invafion but in the mind of the
Right Honourable Gentleman, there teemed to be
no doubt that it would take place. Indeed, notwith-
(landing the dote blockade of Bret}, and the vigilant
aftivity of our fleets and cruizers, with the ;net cafe
of our land force, which none profeffed a delve to
increafe further than the Right Honour-Ale Gentle
man, Oil was he haunted by the apprehenfion, and
loudly proclaiming the probability, that an ;ovation
of Great Britain was to be expeded from day to day.
This I mention, merely to thew, that at lead, in the
judgment of the Right Honourable Gentleman, there
cads a good reafon, in his view, for the fafpenfion
of the Habeas Corpus Aft in Great Britain, as well
as in Ireland ; and alto to account for the alarm
which I think mull be univerfally excited by the opi-
nions he has delivered inthe courfe of 'lds debate.—
If we are to be told, that although the people of Ire-
land are as loyal as click of any county in England,
that becaufe tome perfons in Ireland are alledged to
he difalFeeled—that we are engaged in a war, tee.—
an invafion of Ireland is to be apprehended--we are,
without any other reafon, and without any previous
examination of the nature and fufficiency of the
grounds Rated, to alfent to the motion of the Ho-
nourable Baronet. Then I fay, adieu to the teen
city of Britith freedom—adieu to that Habea,. Uor-
pus A 8 which is the proudeft boat} and noblefl guard
of the Conftitution. tithe Right Honourable
Gentleman and thofe who ael with him ferioufly
think that the grounds they urge are fullicient to war-
rant the fufpenfion of the Habeas Corpus Aft, when,
I would requeft to know—l don't mean as to date—
but under what circumflances is that important pri-
vilege to be revived ? Upon looking over the hillory
of this Ad, I find that when, in former Mita:ices, it
was thought neceffary to litlpend its operation, that
fufpenfion was hut of very thort duration. In the
reign of Qeen Anne it was fufpended twice ; and
during the reign of the two foil branches of the
Houfe of Brunfwick, it was fufpended more than
once. I find that from the Revolution down to the
Treaty of Aix-la-Chapelle this important privilege
was not withdrawn from the Britith People In often
as during a very few years of the Adminiftration of
the Right Honourable Gentleman. And yet during
the period that intervened, the Country was fre•
quently engaged in war—frequently threatened with
invafion, and was much diflurbed by ditiffation alto
—a ditaffeeion which fprung, not from Jacobins.
but Jacobites.—The latter party, I mutt obfervc,
was quite as refolute and enterptifing as the former,
and much flronger in numbers, influence, property
and power.
What a material difference does this refleCtion ma-
nifeft between the charafter and views of the Right
Honourable Gentleman, and that of any Nliniiter
wbo preceded him! The Right Honourable Gen
tleman contends that notoriety is a to:tit:lent ground
Int. Parliament to proceed Non, without inlittuting
a Committee of Inquiry. Fle has In contended on
other occations—!ant did he and others who thought
with him, argue that what they called the notoriety
of difaffeCtion, at the commencement of the laft war,
was an adequate ground to induce Parliament to
agree to a meafin e of the fame nature as the pre-
fent ? No. And though that notoriety was gene-
rally affertcd by the Right Honourable Gentleman
and his friends, and by none, perhaps more than by
my Right Honourable Friend—and I mention that
for the purple of defending him aping( the obfer-
vations jolt made by the Right Honourable Gentle
man—although the notoriety was loch as was laid
to be obvious in the public streets, yet Minifiers did
not attempt to apply to Parliament tor a fufpention
of the Habeas Corpus AB, without intlittoing
Committee of Inquiry to examine and report upon
the information which Government poffeind. That
Committee made a Report to the Houk, and upon
that Report the propofal for the tut-pennon of the Ha-
beas Corpus AO was grounded This was the courfe
of proceeding which my Right Hon. Friend fupport
ed, and this is the courfe which he recommends now.
Can it be Paid, then, with any degree of fairnefs,
that the leaft degree of inconfiftency is attribittableto
him for oppoling a motion of filch importance as the
prefent, which is nthered into the Houle by the mere
flatement of a Minitter, and that statement itfelt con
taining fuch vain and futile grounds. The patting, of
this aft eighteen months ago, without any previous
inquiry, cannot be justly urged as a precedent to in-
duce even thole who agreed to it, to accede to the
prefent motion, for the circumftances arc not at ail
analogous. The alarm created by the intelligence
received of the riot in Dublin, afforded fome excufe
for the precipitancy with which the propofition of
Minifters was then adopted. It was carried on the
fpur of the occafion, and lonic might have hoped,
that when there was time, Miniflers would commu-
nicate more latistaaory grounds for the cxiftence
of fuch a meafure, or that the Route would inflitute
an inquiry to afiertain the necefEty of its continuance.
Thefe ideas might have influenced the acquiefcence
of fome Gentlemen in the condo& they 'her. purfned.
But my Right Hon. Friend took a different and'a
wifer courfe. He urged the aeceftity of previous in-
quiry, and had I been prefent, I fhould have artaialy
supported him. although I should have to refill the
argument of another Right. Hun. Feicild of mine,

who underßand maintained that the Bill for Saf.
pending the Habeas Corpus AA &mild, under flick
circumllances, be immediately paired. [Here Mr.
Sheridan, towards whom Mr. Fox looked, fignified
his diffent.] Then, refumed Mr. Fox, lam glad it
is a millake. I am happy to find that my Right
Hon. Friend was not among the number of thole
who were deceived in the expeflations which induced
them to vote for that meafure ; which, although it
has been now IS months in exillence, no inquiry has
been intlituted, nor have Mimi ers communicated any
further information to the Wok on the fithjeft than
what was contained in his Majelly's Nlefrage.
That my Right Honourable Friend was light, not-
with(' anding the flatement of the Right 'Laminable
Gentleman, in ftippofing that this meafure way
dropped, will nog, I think, be denied by any candid
man who ct.nliders the citcumhances. After having
given notice of the motion fume time hack, the Hon.
Baronet put it cif fee die. The Right Honourable
Gentleman has laid, that the reafon of that pollpone-
ment was the prefs of bufinefs ; but that need not
have prevented the Honourable Baronet from men-
' tinning fome day for bringing it forward again. The
omigiun to do In appears to be fomething like a defign
to take the Houle by furprife, or to raife an argu-
ment out of the ihortnefs of the time between tois
and the expiration of the an' againft the delay of any
previous inpuiry. If, without fuch inquiry, you
enaft this meafure, upon the mere flatement of a Mi-
filler, upon loch evidence, as, according to the prin-
eple of the Right Hon. Gentleman, is fufficient to
ethblifh the ntceffity of a Legiflative aft of this na.-
tare—namely, the view and opinion of his M
Minillers, you may as well pats an Aft at once to in-
vett the Executive Government with the power to
fufpend the Habeas Corpus A 8 whenever it pleases.
I'o appeal to this Houle for an Alf of the defcription
propofed by the Honourable Baronet, upon fuch au-
thority as he has mentioned, is quite a mockery ; and
to anfwer that appeal by concurring in that Al,f will,
in my mind, amount to little lets than a virtual aban-
donment :four legiflative fonflions. For what means
an at.plication to our judgment, unaccompanied by
filth informatirm as is nectfrary to qualify that judg-
ment to decide ? I cannot underhand the cur ions dif-
rineVon which the Right Honourable Gentl-Aran has
drawn with refpeft to the character of Lord Hard-
wicke, as applied to this meal:ire. My Right Ho-
nourable Fi lead hated manfully, that the chat-after
of any man, however pure, could fOrm no reason to
his mind to invert that man with arbitrary power.
This is exaftly my opinion. But the R;glit Honour.
able Gentleman lays, that lie only alluded to the cha-
ta.fter of Lord Hardwickc, as an argument againft
the abide of the power which this Aft is meant to
ettablifh, hut as not at all applicable to the nitt its of
the meafure. This is to me A very nice and vet y
; for the ttrongeft raafon in favour
of any grant of power is, that k is not liable toabule.
—Therefore, when the Right Honourable Gen-
tleman a.ferts fo much with regard to the difpofition
and charafter of Lord Hardwicke, he is flrongly re-
commending this meafure ; but yet his panegyric
upon that Noble Lord, were it ever th well baindeds
would have no influence on my mind in favour of this
propclition. I know there are certain theorifls who
hold the maxim that the molt uncontrouled authority
may be granted without danger to an honeft, able
man—nay, that an abfolute monarchy is the belt
fyttem of Government, if the Monarch were pollif-
fed of all the virtues and talents of which man is
capable, but lam not one of thofe theorifls. Let
the difpofition of a man be what it may, I will not
content to invert him with extraordinary, unc miti-
tutional powers, for this plain reafon—that it is fub-
jai to abufe. The virtue of a man is, therefore, no
.srrotnient with me in favour of fuch grants, bccaufe
.
I learn from the hillory of mankind, becaufe particu-
larly the itiltory of the Conflitution, and my own ex-
perience, forbid fuch grants. lam impelled to dread
the abufe of power to whomfoevcr it may be given.
There are my icafons for not allowing any weight to
the argument, drawn from the character of Lord
Hardwicke. Into that charaaer itfelf I will not now
I I enter. 1 have teafons which form flronger grounds of
complaint againit that Noble Lord in my mind, than
I perhaps they would form in the minds anthers. I
t (hall not now mention them. It is enoughwith me to
' jnilify the vete I mean to give againft the meafure
under con tideration, that I will not intruti Inch power
t to any man. If charafter were a lufrizieur reat'Gn
die conflitut ion of filch a power, t!tat reaf.ta a
• Mini!ter cotild always find among the uchility fa
country. II Lord Hardwicke did nor answer, ano•
• titer and another nobleman of unexceptirnable ;ha-
t railer could be immediately found to till his place. I
• cannot, therefore, Mien to fuch reafunirg. My ob-
jeflion is, to grant the power propefed to the otEce,
not to the man.

As the Right Honourable Gentleman h,.; not hint-
ed when the mealure before the Houle is likely to
ceafe, I fuppnfe, from tome obfervations of his, that
it is his intention that it [hall continue duti-g die pre•
fent war, and nothing more likely that he may pro.
pok to extend it to this country. If he pleales to do
in, he can adduce reafons quite as Itrong as he has
offered in fupport of the motion of the Honourable
Baronet; and why thould it he prefumed that the
Right Hon. Gentleman is net as fond of enjoying
extraordinary power himfelf in this country, as of
granting it to any Lord Lieutenant Ireland being
now admitted by all to be in a general hate of tran-
quillity, I cannot conceive what change in her fou-
-1 ation can take place that is likely to induz the Right
Hon. Gentleman to put an end to :V. ,dious mea-
fure. If, although Ireland he tranquil, the exiSl-
ence if what is called an hills Committee at Paris,
be conlidered a reafon for meafures like that before
the Houle, then is the French Government furnilhed
with the means of perpetually and folely annoying
this country, by depriving the people of their li-
berty. For that Government has nothing mere to
do than to create, or to promulgate, the eciftence
of an Irith and an Englifh Committee alto, and upon
that it kerns, combined with the popular dikon-
tent which inch meafures as this under difeullion
will always prnshice, an Englifh Minilter may
found a realm& for inverting himfell and his
friends with the extraordinary power of fufpend-
inz the Confli:ution of England. Among other
tingular and indeed incredible things ; we are
told by the fupporters of this bill, that the majo-
:icy of the people of Ireland will gladly hear of its
rc-enaFtment, becaufe they ate lb confident of its
ucceflity, and they are fo much attacked to Lord

I

II

1

Hardwicke, that th.ey are Convinced that any power:•
Would in his hands be fate from abufe. As to the clif:i
potitionefthe people, f fhall fay nothing. But there are,
laels with refpell to the.:Lhafe of power in Irehit.d
order this Bill, which I Mali take an opportunity of;
mitch at large when the motion. of which on
Honourable Gentleman ( Mr. Firrgerald) has this ;
day givca notice, is bitn4,ht bel.cire the Houle. There
is cnr g:(.4 inilar.ce of abide saieli I cannot even now I
retr..in horn alluding to—l mean tioir of Mr. Todd
Jones. This Gewleman, I have reafon to believe,
on ;l.; ground of mere icieicion, fulT:reda nudt
rigoroushop; ifuntr.ent in a loathfone jail, for upwards ,
oft 6 r:or ;its. From the treatment he has expo lamed
aid i he it); in which he i• placed, he tan, in fa. 9,1
tuff ird enough of pur.ill:inent, oven had be b..tn
f a heavy crime Indict!, h« has endue tat fo
:Lat in conntties wh. re the laws o life. fe-
yen, it would be deemed qtnte ftifficient to atone far
head n r,r telom, There ate othercafes alto, which
I cool.; !tile, but I Call refeive them fur the coca
I already alluded to. But even fuppcf-
all, w &cc:ly merit tha: he AC, ibed to Lot
Hardy ke. of his Sce:eta:y. and shore inimtdiate-,
ly ~bcio. his Cove tr.w.ent, hill my objeftion to !Lis
Bill w..iild not be removed. For I feel it to be one
of the r-:eat mitchiefs of a:bi:rary Power, that even,
thotrili. Cie rro:cipals in tile of i:, be
ever t•i s IT ilitsliS, in sivilant, cr fo aCle, dill alts
be c; ma...iced by fume of dune to v. aom in its vati-
om rarnitic..:i..r.s, t:.at power will be neceirar Hy de.
leg.: est; the principzls cannot vdevent, and which,
it et,:nrr.:,7;;eated to thew. w.•tild Make them Ihuddet
with a‘ ince.: hnrrcr as an) ctlitt pei ;nos would be
apt in !role are the ..cainn; v hich urge me to
ref ti this :.rd :be other bill, of which the Honoura-
ble P•aronet gave notice tome time fince ; but of
which, I h.,re, I (ball hear ono more. I cannot fee
the lead irafrin for the adoptir a of fuch meafures,
much LA's fuch art ng grounds of nectiTity as could
alore their intrt•t;tiEtion. I truth then, that
by iejeding them we :hail thew the pi.ple that we
have their liberty, nit merely in our •uths, but. in
our hearts ; and that we st ill not abandon wir duty
to preferve that facred trim, up,:n idie rumour:, or
light Mini:lerial whifpers.
- Sr EVAN NEPEAN took ntice of that part of
the Speech of Mi. Fe; which !band to the
fonment of Mr. Todd Jones. He obfeiNed, that while
Mr. Jones aas in confinement, the tieatment which
Le expel kneed was as good as a peat a under his cir
cumllances ought to receive.
Mr. FOX rcrtarked,that he dared to fay the Hon.
Baronet v..as correct as tar as the tieatnient of that
Gentleman could he confide: cd ; at lead, he did not
mean to fay ;Ily !Ling to the. ernaraty, fir he did
not know ul.ellier lie was weti treated or not ; but
this be knew that that Gentleman had ken confined
in a jail, the charatter c,f wlticlt, as Hated by a Learn-
ed Judge., made it a :übjeft of complain: agair.tt the
County for its onwholernierefs.
Lord DE BLAQSIERE alluded to what Mr.
Fox had laic:A in July 48.:.5, on-the fuhjea of the
Snlpenlir.n et the Habeas Coi pus : That Honourable
Gentleman had laid, that it was mincceifaty to fur-
pend it ; bat he did rot this night teem to have re.
colletled %bar pall ; he Mould therefot e remind him,
the Houfe out of di.liczey and forbearance had re-
futed to take up the matter on a ftidden, the code-
quente of which s% as, that the Habeas Corpus Aft
was not immediately fufpended. But what followed?
Rebellion on the a3d of July ; and he would take
upon him to fay, as tar as his cenviaion went, that
bad the Habeas Corpus At been fufpended at that
time, no rebellion would have taken place. He afkad
Gentlemen from Ireland, if they were defirous
fpeaking their minds, whether what he now advanced
was not true ? He regarded the ft4enfion of the
Habeas Corpti; Al for Ireland as a wife meafure at
the relent mcment, and fuch as the loyal and the
vittt:oos of that country woad regard 4s a medium
cool I to thei• pr•teelion.
blr.6 i IL it i DAN port:iced rot to detain the Houre
for many moments. An lion Friend of his had
Ctilen into a millahe refpeeling a former vote of his;
he temrnbtoc,l the eitconillance which DA him into
that sidital..e. '\ hen his Maj.:lt) MeTige acquainted
the Houle the infuriation of the 23el of July,
he Ip..ke aga.:-..1 delaying the aufwcr cf the Houk to
that fsfelja:;e, extii.elling its ahhorrence of the atroci•
ties there ; but as to voting for 0..: ...inf.
pent on of the habeas Cr:11•124 i tt, that was a chino
irnpofliti:e for i,:rn to do, :1:ct: Cite Colt tncc'.'
Mr. AI.I..XANDER. was a w:ir:r, eat, ;,,, !1,,

St,f,.enftoa of the 1-I.,ncrs t:(,. pus Ireiand un-
der the pry ~f ;
meature •:s.hiett lie it would Se
impoilibic I.r Ger:len-ten to C.lcre in Isafcty.—
lie was tha: it. the North uf ge-
nerally there was a complete return of
loyalty and :tt:achraent to Government ; but Rill
there was a prodigious clafs of dilaffesacd men iu
Ireland, w.io would, if they were not checked by a
ineafuie like this, do every thing which came in their
• way* to covet turn the Confitution. He thought the
view taken by the Hon. Gentleman oppofite to him
(Mr. Fox) an the caufcs which operated to withdraw
the attachment of Ireland from England, on former
occaflons, were dikerent in their nature from thole
which alienated the affections of fame of the people
of Ireland lately. The (Ned of our enemy was
not to withdraw Ireland from us, as they pretended
once to do by fupporting principles of democracy ;
Du; to withdraw Ireland from Engl,nd, if poffible,
and to attach the former country to France under
any form of Government Pie might God it conve-
nient to herfell to afTume. The Honourable Gentle-
man had taken a view of the queftion jn much too
g:neral a way, and upon abarap principle', without
arise regard to immediate and prcaing citeurnßances,
by which, ho tenth, this meaftne ought to be judged
altogether. This was not a mesfure depending upon
a theoretical fyilcm, but of praelical neceffity ; for
he was will:tile I there was not one patriotic perfon
in Ireland who would not re:p ice to hear he was
about to base the protation of a Bill for Sufpending
the Habeas Corpus Ati there, at the relent period,
bccaufe it was well known that there were in Ireland
a number of individuals who correfpoi.d and had
conueEtion with perft,ns in France. He be-
lieved it was the decided opinion of a ijeat majority
of the people of lielani, that the no:aft:re now pro
poled was abfolutely neceffary to check that CO: cf.
pf,ndence.
Sir JOHN NEWPORT explained, by laying,
that be never had contended that this mature m;gbt

not, on enquiry, be found proper ; he begged that to
be underaood, for he did in the outlet declare the
contrary, and that it was prffible, nay probable, it
might be found a wife meafore ; but what he con-
tended for was, that hart pr-bability (tate,: in that
Howe was not a juit t.)unJaic.n fora L gillative
meafitre.

Mr. MARTIN, of Galway, raid that he Ilionld be
extremely unwilling to give a negative to any mea-
tare in its fitil !Lige ; but he could not, in this cafe,
help embracing the opportosiity which the Hon. Ba.
ronet afforded him, of vo;ing for All inquiry ;- —and
ha was avetfe from thinking that the fituation of Ire-
land was the fame at this time as when the Ilabeas
Corpus Att was Grit fufpciided by the Parliament of
Ireland. One of the t e.Jons which he fubmitted to
Lis coultiments, when he adviled ;Lem to agree to the
Union was, that, after it, they would have the tante
benefit of the Britifh Confiitution as the Engli(h ;
and if the Habeas Corpus Ail were fulpended, as
now propoied, they would not have an equal pareici,
Ipotion of the hidings of that Conititution with the
people of Great Britain : the great ground, therefore,
on which he oppofed this meafure was the partiality
of it ; for if it were propofed to fufpend the Habeas
Corpus Al over the whole of the Britifh Empire, he
fhould not elevate his voice aglinft it ; nor (honk) he,
on a fit occafion, ohjeet to Martial Law. This re-
minded him of n laying he had often beard, that " his
countrymen in general lima more partiality to Mar-
tial Law than to Magna Charte I" The meal-ore
now Fropofed was not nectfrary, on account of any
remaining attachment in the mafs of the people of
Ireland to French principles of Rep:it'll caoilin—thofe
they held in ahliorrenee. For there teafons he found
himfelf bound to vote againft•bringing in this bill.
Mr. DP,WSON declared himicif hollile to the oil,
gins' motion, and i.s favour of amendmeut, on
the ground that there was laid before the Honk, as
a foundation for the Bill, nothieg but private infor-
mation. He conceived that nothing deferved the
name of Pailiamcntary information but louse public
document, of which there w,,s a total ablence in this
cafe. He, as one of the Rciaefentatives of the peo-
vie of Ireland, difclainied the mre:ffity of demising
them, at this time, of fo effential a potation to their
rights as the Habeas Corpus An. .He was happy to
)ear testimony to the virtue of the piefent Lord i...ieu-
tenai:t. That was an argument rather agaMil than
for the .neczffity of this meafure. fine:: there was no
flicial intimation tiom him of any Inch necetlity.—
Upon thefe grounds he ['mold vote for the Amend--
menu The Houfe divided—For the Amendtnent,
33—Againfi it, t ta—Majority for the Minilter, 79.
The original motion was then put and carried ; af-
ter which the Houk adjourned.