The Statesman.
London, England, 1823-03-25 00:00:00

THE STATESMAN:

believed in the existence of a conspiracy to perpetrate
those monstrous acts; but be was persuaded that there
was no man in Ireland who behaved now that any such
conspiracy had ever existed. Whatever might have been
the acts of the rioters at the Theatre, there was nothing
to show that personal violence had been intended te-
trads the Lord Lieutenant- The real state of the cam
was therefore necessary ' - and the motion ought, there-
, fore, not to he resisted, fur Glee lights ought not to be
thrown out to the public. If the Goverment of Ireland
had reconsidered the facts, and altered their opinion. It
au a good opportunity for them to allow their mistake,
and to rectify the error. That improper acts had been
perpetrated le would deny; and God forbid that be
should attempt to justify any thing like those outrages!'
but he could not therefore believe that any persons had I
at any time ',Pertained a design of summating the
Lord Lieutenant. As the whole affair would again hs.
brought before the House, be would not anticipate the
course of arguments which would then be used, when the
Government of Ireland would be put upon its trial 15
that Goose for the acts adopted relative to those person.
It was hie jowls° therefore to proceed solely upon Par-
liamentary grounds; and as no danger or• injury could,
now arise from the production of those communicate, he
iubroitted to the House the propriety of acceding to ble
.motion. The Right Hon. Gentleman concluded by mov-
ing for copies of the informations against Janice Forbes,
George Graham, and Henry Hands uth, on which had
been founded their commitment to the gaol of Newirate
in Dublin, on a charge of conspiracy to murder the Lord
Lieutenant of Ireland.
Colonel FRENCH (we believe) seconded the motion.
Mr. PLUNKETT rose, and said that, from the very
, frequent mention of his name by the last speaker, and
from the fact of his being the responsible law of of',
the Crown, who directed and advised the proceeding,
which this motion was intended to arraign, he would
ri-e thus early to reply •to the Honourable Gentleman-
who had just made the motion. He expected that the
Hon. Gentleman, in making this motion, would have ab-
stained from any allusion of events which, at no distant
period, were about to rouse fully for discussion before
the Home; yet as he had broached topics which he (Mr.
P.) had thought would have been deterred for the 15th
of April, it was his ditty to follow him through his line
of observations. As far as his conduit was concerned,
as far as his name and character, and responsibility, were
connected with the transactions to which the Hon. Mem-
ber alluded, he was must earnestly anxious that the moat
minute detail of every• part of his conduct should be
laid before the House and the country—(Heat., beer).
Yet, strong as was his anxiety for such developement, be
could not consent to racrifi.e to his own personal grati-
fication a principle which was founded in public justice,
anal which was tetimately connected with the ordinary
course of legal proceedings in this country. The Hon.
Gentleman who had brought the motion forward had
certsinty done so with temper, and he felt that it was
1 his (Mr. P.'s) bounden duty to give him credit for the
propriety which actuated him in moving for the produc-
-1 than of those domments. He was bound to believe that
no wish to prejudice the discussion for which the Hon.
Member for Armagh had given notice—no undue or un-
timely reference to embarrass the Government or him
I personally—no conduct or mixed motives, entered into
the motives which induced the peseta motion. On the
contrary, he should presume that a pure abstract love of
justice, connected with an important political question
alone actuated him, although the Hon. Member must pets ,
ceive that the motion of the Member for Armagh
would place him on his trial on the 15th of April..l
and the motion of this evening would, in a manenr.i
place him on his trial that night. It was, therefore.,
somewhat inconsistent in the Honourable Member,
whose notions of pure and perfect justice had received
such a shock, with respect to a second trial of the rioters
in Dublin, to have condemned him to undergo two trials,
to which th. se two motions would subject him.—(Hear,
hear.) With respect to the committal on a charge to kill
and murder the Lord Lieutenant, if the lion. Mover had.
been acquainted wi h the course of legal proceedings. be
would know it was one thing to commit a wan un a
charge, and another to bring lain to trial on that charge.
Liformanon, between the timed committal and the time
of trial may be attained, so as to justify the alterations
of a slight charge into a capital one, or vice versa. He
would lay before the House the circumstances under
which the capital charge had been Iv ferred. On the
14th of December the Lord Lieutenant intimated his
intention of visiting the theatre.—An intimation bad
been given to him of an intended manifestation of
displeasure, in consequence of his having caused the
discontinuance of dressing the statute of King William,
a ceremonial that had been indulged in for some time
in Dublin for the purpose of insulting the Catholic po-
pulation of the ,country. On entering the theatre, tu-
mult arose. His Excellency was received with warm ap-
plause from the unbooght and unpacked portion of the
audience. However, another portion ranged in the up-
er gallery of the house and other parts, continued a vio-
Pent system of hissing. Handbills were flung front the
gallery, not only insulting to Lord Wellesley's person
but also tee the (;embolic population, bearing the in-
scription " No Popery," " No Popish Government," &e.
The annoyance continued without interruption until of.
ter "GOD save the King" was played, and at that part
of the performance a rattle was thrown by Graham
which cut the cushion of the helmet to the one in which
he was seated ; and a bottle was thrown from the left
band side of the gallery which passed over the pit of the
theatre, and atter having hit the drop-curtain mid-way
between the centre of the curtain and the Viceregal box,
rolled upon the stage. Here the Learned Gentlensael
described the construction of the House, and showed,
that although whilst seated in his box a missile could
not reach him, yet when he stood up and advanced to,
the front of the box, it might easily have done so ; and
it was at such a time of the performance that the miss
sites were flung. When the bottle bad been mentioned
by the Hon. Mover, he thought he beard a laugh.—•
(Rear, hear.) It seemed aim; d'esprit—a merriment to
some Honourable Members.—(Cheers from the Opposl.
tion)—the manifestation of merriment had now been
followed by cheers on the repetition of mention of this
bottle. Gentlemen might act as they thought proper,
bat they were egregiously mistaken if they supposed that
such interruption could embarrass him. " I would re.
commend (said Mr. Plunkett, emphatically) to those
Gentlemen who are so anxious for the Manifestation of
feeling, to confine themselves within the decorum
of the House, and to suppress the expression of their
sentiments until it has resolved upon them to do so
in the legitimateand ordinary progress of debate. I never
interrupted a gentleman myself, and Ido not conceive I
ask too much when I ask of others to recipr nate that
courtesy. In despite of such interruption, Ido say that
no person can fairly thntemplate the fact of such an atro-
cious insult offered to the Representative of the King,
and offered because he bad executed the King's com-
mands and special directions, without giving to that atro-
city the most unqualified condemnation.—(Cheers.) The
e:itne the Lord Lieutenant had committed was that of go.
verning all his Majesty's subjectsin Ireland according to
the principles of equal and Impartial law."--(hear.)-s
Here the Right Hon. and Learned Gentleman entered
into a detail of the conspiracy, as proved at the trials it
Dublin, and explained, with great force and eloquence.
the particular reasons and motives which actuated the
Irish tioveinment in the conduct they had pursued. He
coarluded by a forcible appeal to the ,reuse to emotion
the legality of the proceedings he had adopted. The
present motion he resisted on the grounds of the injustice
it might do in prejudicing the conduct of the Magistrates
who might yet be en theirtrial, and alee•as the ground

,

of the hapropriety of exposiag iisformation which bad
been given to Government under the protection of im-
plied confidence.
Dr. LUSHINGTON could not feel him.elf influenced
by the aquatints of the Right Hon. Dentinal". In
despite of hie great authority. of the reverence he felt
towards his high name and great abilities. he must dis-
sect from him on the present occasion. After adverting
to the legality of the proceedings, he said that he under-
stood it to have been ascertained that these individuals
went jet° the gallery with tickets provided by as Orange
Ladge; and in this he could not discover any con-
spiracy to cothmit murder. It might be a con-
spiracy to commit a riot; and if so, the offenders were
deserving of severe punishment. But how could the
Right Hon. eleetleman say that it was a conspiracy to
obstruct the Government of the Lord Lieutenant ? If
the Homes refused the present motion, it would do
an act of gross injustice to the Irish nation and even to
Ithe Irish Government; because it leas fit that every in-
Kmenation should be laid before the Hon-s that might
..stile it to form a jest judgment Reputing the conduct
id Government. Such power as that assumed by the
Right Hon. Gentleman had not been exercised since the
Revolution.
Mr. Secretary PEEL, did not think that the production
of the paper in question was at all necessary to enable
the House to form any judgment respecting the question
hereafter to come before it. Besides, the docuineuts in
question might be prejudicial to the ends or justice, in
case the parties who bad been committed on a charge of
roaspiracy to murder, should bring an action against the
Magistrates who committed them. He felt that, on pria,,
ciples consistent with the tranquillity of Ireland, that
this question shonld not andergoa second agitation after
the iavestigation it had already endergone: therefore he
could not agree with his Right Hon. Friend in calling
for these papers.
Mr. ABERCROMBY maintained that the whole of the
proceedings connected with the filling of the is "ratio in-
formation ought to be IsiJ befere Parliament. At present
bat a portion of them was in the possession of the Houle,
and this arose from the error which had been fallen iota
when the subject was first introduced. By greeting the
papers demanded by the Honourable Member for Armagh,
Parliament had admitted that a ease existed for iavestlit-
don. and could only do justice now by granting all the doe'
cements relative to that case.-{Hear, hear !)—The inform.
Mons demanded In the present instance formed a portion of
those doeynsents, and should not therefore be withheld. It
the House were to stop short in inquiries of this sort, it
would be attended with much public difficulty.
Sir JOHN NEWPORT thought the House should be ca
teem ly guarded how It consented to the prodaction of tierl
informations In question. They were not necessary to the
consideration of the motion which was to come liefore Par-
liament in the coarse of next month—nor fur determinist
whether the conspirators at the Dublin Theatre had beak
justifiably prosecuted. He could not agree with his Ho-
'loveable and Learned Friend near him (Mr. Abercromby,)
that because the House had fallen into one error. it ought
to fall into others afterwards, and particularly when, as is
this case, the interests of third parties must be affected. He
should oppose the motion.
Lord A. HAfiIILTON defended his Hon. and Learned
Friend (Mr. Abercromby) from the coustraction which this
St. Hon. Baronet had put upon his argument; and said, he
should support the motion.
Mr. S. Rica said, he did at once see that the question
to be discussed In that House was likely to be affected by
tee production of the papers now moved for. The question
now at issue wan, whether Ireland was to be governed by.
equal laws, or given back again to that faction from which
it had been lately rescued—he hoped for ever? With' re-
gard to the riot at the theatre, no one could venture to sey
that there was not an intention to commit personal vio-
lence; and titan such intention emanated out of Orange
Lodges. .
• Mr. GRATTAN, said he would support the production
of those papers, because he wished to have every thing
public.
Doctor PHILLIMORE complained, that his Right He-
lmut-able Friend harTbeeu unfairly dealt with is the clandes-
tine manner in which this serious charge had been brought
'forward. The real question before the House was, wllether
the King's benevolent intentions should be acted on or
,defeated ?
Mr. LAM BTON said hishould not have troubled the
House at that late hour, had it not been for what had
fallen from the Learned Civilian, and from the Hon Mem-
ber for Limerick. He could not agree with them that
the question before the House was one on the issue of
which the continuance of the government of the Marquis
ef• Wellesley depended. He was of opinion, that a dear
case was made out for the, production of those papers.—
That House was the only place to which all persons who
had to complain of oppression had a right to apply. In
his opinion, :prima/ode case of opression was made out ;
and he would candidly tell the Right Hon. Gentleman,
the Attoiney-Geoeral for Ireland, he had acted unconsti-
tutionally. The act of the Right Hon. Gentleman ap-
peared to him to be most unconstitutional, and he felt
himself boon) to vote for the motion. believing that it
weed not have the effect apprehended by the two Hon‘
eleatlemen who had last slaoken.
Lord HOTHAM defended the condoct of the Hon,
Member for Armagh (Mr. Brownlow) who was then alo
sent at the Assizes in Ireland. With respect to the mo-
tion, be wished to support it, because be thought the
production of those papers would have a beneficial result,
Colonel TRENCH supported the motion. He, how-
ever, disclaimed any intention to favour the cause of
Orangemen. He was no Orangeman himself, and was
an enemy to all secret societies.
Colonel BARRY, in reply, said, he was anxious to see
;not
governed by equal laws, but it certainly could
,00t promote the peace of that country to run down a
'party because popular clamour imputed. to them motives)
to which they were stranger.. He wished to see Ireland
without Orange Societies and United Irishmen.
Doctor PHILLIMORIained. 1
The House then proceeded to a division, when there
'appeared
For the motion, 32—Against it, 48—Majority 16.
Colonel BARRY then moved for Copies of the iteeor 1
sizances entered intro by the persons held to bail for the
riot, and for a List of the Witnesses against them.
Mr. PLUNKETT made no objection to the motion,
mid it was accordingly agreed to.
NAVAL AND MILITARY PRNSIONE.
The CHANCELLOR of the EXCHEQUER said that
at that line boar be did not think it necessary to trouble
the House with any observations, particularly as it was
not unacquainted with the object of his motiou, and as
be would have another opportunity of detailing it. He
concluded by moving for leave to bring in a Bill to con-
4rni as agreement between the trustee. under an Act of
Parliament of last Session, to appropriate the Half-pay
.and Pension List, and the Bank of England.
Mr. ORENFELL said that he would oppose the bar-
gain altogether—not from any blame which he attaohed
to the Bank, but from the conviction that a better ar-
rangement could be made with the Conimialooers for re-
ducing the National Debt.
After a few words front Mr. BARING, leave was given
I to bring in the Bill.
ELECTION PETITION.
Mr. HUME presented a petition' from J. W. Parkin.
Esq. of Essex-street, Strand, setting forth that he had
attended with Mr. Stevenson, one of his. sureties and his
agent, for the purpose of entm ing into recognizance. to
prosecute the Petition against tine return of T. D Kemp,
Beg, for the Borough of Arundel. He had, Weever, Frac.—indey night tate briiiii'7out the house niters.
roue
for Mr. Harris, his other surety, in vain, and the Stafford, Nb. 314 'Tharer-ennet; flinedisseter'snlinro : the
petitioner verily believed that he had purposely absented flames whell..."‘Paremil". 110011' "16. she fieN4411.4",
hinuoie Tea Petitioner bad thus been unable to enter and burnt with such rapidity that greet apprehensions
,_ were
entertained'; bet-through the prntupt arrival of the engines,
into the reectguissmes heforo twelve o'clock yesterday, ma avail/Apo milloeta aster, neoweies were,geopmely,
the time allowed by law. Under these circumstances, he notamter bp, elegem otdoels, without narfnether mischief.
prayed for RD extension of the time, to afford him an op- than deeseeeteg tine, upircpeet . of, the doseilitqkhoese and.
Porlunity of procuring attellietterety. ttte terminus.

Sir THOMAS BARING thought the Petition fur
a ished no grounds whatever for granting the indulgent.*
prayed.
Mr. C. K. WYNN considered it impossible to comply-
witk the prayer of this Petition. Hit were admitted, any
name might be put down as a surety, and on a plea like
the present the 14 days allowed by law might be at any
time extended told.
Mr. HUME had put the question to Mr. Parini, wise-
ther he could produce any letter (roadie. Harris consent-
ing to become oae of his sureties? To this it was an-
swered, that no written consent had been given. Mr..
Harris had verbally agreed to be one of his aureties, and,
as well as Mr. Stevenson, had voluntarily made the ulcer.
He could wish to move theta drays should he allowed the
Petitioner to bring forward his sureties.
Sir T. BARING enquired if the Hoe. Guatlemas could
state, of his own knowledge, that the facts of the case
were such as had been described?
Mr. HUME conk! not do this. He had crnlv
been Wombed of the circumstances within the hut halt
hoar.
The Petition was prdered to lie on the table.
The Order of the Day fur taking into consideraion the
Petition against the return for the Borough of Arundel
was subsequently discharged;
Dr. PHILLI MOUE bronght in i Bill to amend the
laws fur prevent profane cursing and swearing.
Read a first, and ordered to be read a second time to-
Morrow.
Adjourned at 11.17-past One.

DEVONSHIRE ASSIZES.

timotAy Silifast, aged nineteen, was tried on a charge
of having shamefully assaulted Anne Poo.
The defendant and the prosecotrix were it service
of Captain Copinger, of &see. She said role had not
bees in his ;ern., three dayt before the defendant at-
tacked her in the evening as slet was in the knife-room,
and committed the offence: On her cross-examination
she admitted that she bait never mentioned the out-
rage until near a fortnight after. She ha I not been
able to scream out, she said, because the prisoner pre-
vented her. Had sot communicated what lied happened
Eto theother servants. She continued in the family until
she was turned away. She admitted, that on the very
next day "she joseped over a broom-stick" in the
kitchen with the prisoner, and said, " now, Tim, we are
sparried."
On behalf of the defendant, evidence was add tired vs
show, that he bad known her some time heft re she en-
tered his master's service, as living at iiath and • other
places not in the " most terrace' mode of life, and that
he in consequence when she entered the house lammed'.
iately renieseetel to his unitre that she was net tit to be
his fellow-servant. Captaiu Coping? r io conseqnanre
'discharged her. She swore at the time that she would
.be revenged of the defendant, for giving her the charac-
ter be bad, even if she sold the clothes she stood in. The
`consequence was, that the present charge was then im-
mediately preferred. Captain Copinger gave the de-
fendant an excellent character, and swore that the fainiiy
were in an adjoining room when the all-ged tranaactio
took place, exit had the prosecotrix chosen to cry oat she
must have been heard. The other females of the house.
;who were personally far more attrmtive than the prose-
cutris, gave the defecidant a good character as a harmless
yottrtg man.
The Jury acqeisted him,
B similar charge was preferred by an abandoned girl,
against her master, a married man of about rilf years of
age. The defendant was acquitted.
The Assizes concluded-this afternoon. John Bolt, the
youag man who was convicted. of having shot Jaoe
'Jaeland, war brought up, and received sentence of
Death.
Mr. Barod MiLLOCK told him that his case was one of
peculiar atrocity and aggravation, and, although. since
he hid been convicted, it bad received long deliberation,
no circumstance baelbeen discovered to mitigate the of.
fence, or that could warrant his Lordship in affording
the slightest hope. In justice to the laws of the country
and to the community, the dreadful sentence unit not be
interrupted, and hit Lordship implored the prisoner not
to lose a minute in making his peace with his Maker,
before whom be must shortly appear.
The prisoner never woke a word, sitber on his trial or
before his sentence. '1 wenty-one prisoners received sem
once of death, but all except John Bolt were respited.