There was, it appears, a ...
The Times, 1824-06-17T00:00:00

There was, it appears, a large majority in the House of Commons on AMonday night, in favour of renewing the Irish Insurrection Act. We are aware of the extent to wlhich terror and habit operate in perplexinig the soundest judgments, ani in hardening the most humane and tole- rant dispositions, and are therefore far enough from feeling surprise at the vote of M onday last, or disrespect for those who passed it. The Irish Government (the real Govern- ment at least-Mr. GOULBUBPN and his clerks) are anxious for this terrible bill. The Irish gentry have a notion, not that they are adequately protected by it, but that they would be more unprotected without it; and the Govern- ment and gentlemen of England, havingno localknowledge of the sister country, and taking their cue from those " who ought to be acquainted with it," would support any measure which came to them thus officially and plausibly recommended. In the printed report of evi- dence before the Committee, there are, no doubt, grave opinions delivered in defence of a continuance of the act. Y'et, is it easy in almost every instance, to refute such opinions from the mouth of him who utters them. The Act has been designed, distinctly and emphatically, for the putting down of insurrection. Of what character, then, is tbat insurrection? Mr. BLACXBURu C was the first witness examined. He was one of the King's Counsel emplcyed in administering the act., The county of Limerick, and part of Clare, were the scenes of his activity. This learned gentleman affirms, that ` the outrages oommitted wvere C generally stimulated by some personal motive, or some- Cc thingfetas an act of aggression, by the parties-that "Cthey wee in general directed against the property of a cdistraining hndlord, or a succeeding tenant; that "tho Insurrection Act had put down the power of "c ombination, but left the persos *ho had been engaged "therein as badly disposed, and as liable to sudden irrita- " tio, and as rone to the commission of acts apparently " of an insurrectionary character as they had ever been !" And this is the law which is to bring about tranquillity in Ireland ! Again, Mr. BLACKER says, that " Ihere the "crime oomunitted was of a nature to be perpetrated in "secrecy and by a single person, no instance of detection chas taken place; but that here more than one indivi- "Cdual as been engaged in an outrage, no country can " exhibit a more scssfu e.ecutioa of itS criminal law in "all cac s than the county of imerick." What can he- mean by this ? By the " criminal law" he must under- stanid the ordinary law ; for the Insurrection Act has ex- hibited any thing but a "successfui" execution; com- paring the punishmenits witlethe trials. Because, there- fore, the law of the landlhasproved itself all.powerful to the conviction of that class of of'emnders who come within the meaning of insurgents,a new act, the Insurrection Act,under which not one is found guilty for 20 who are prosecuted, which leavee the people as bad, and more exasperated than it finds them-the Insurrection Act is the panacea vhich Ir. BLACK'SURNE so solemnly recommends. The grand and unanswerable objection substantiated by all the official returns, of so deplorablea number of innocent men being thrown into prison for one who is proved to have been guilty, is in no degree weakened by any thing that falls from 'Mr. BLACKBURNE, who admits witlhout hesitation that the uufortunate creatures " leave prison worse men" than when they entered it; that is to say, that the pro- ceedings under the Insurrection Act directly tend to aggra- vate the moral evils against which they are institut. ed. Sergeant LLOYD'S testimony is striking in itself, and dqes honour to hi% merciful and benevolent disposition. The prevailing offences which he de. scribec in the county of' Cork were pretty much likc those which MNIr. BLACKBUXNE had observed in Lime- rick-resistance to the payment of tithes and of rents, and to the laws, when-resorted to- as remedies for the former abuses. Sergeant LLOYD infers the existence of combina- tions, notwithstanding the activity of the Insurrection Act, which Mr. BLACKER seemed to think had put them downi at Limerick. Sergeant LLOYD etdcavoured to pre- vent the magistrates from sendiLig for trial men 'who must probably be acquitted-a strong ground of inference that the advice was necessary. Undehis administation of the .4ct, likewise, it would appear that unless some crime be- yond that of being out of doors at a forbidden hour could be brought home against the accused party, ain acquittal was commonly theresult: thgis,hbyr-eiit LLovD,the onus probanidi rested with-the* prosecutor; under Mr. BLCKIER, on the other hiand, the prisoner was bound to bring some proof of innecence, to countervail the crime of being cutside his dwellinD after daylight. Sergeant LLOYD, however, has never since been intrusted with the administration of the act. He is too good, perhaps, for such a law, aud for auch a crisis. A strong fact stated by this gentleman is worthy some consideration. When asked as to the increase or de- cline of the insurrectionary spirit, while the act was in force throughout the county of Cork, he replied, that about Mallow and Buttevant, it went on. increasizg, in spite of the Insurrection Act, of an' augmented pollce, and of a considerable military forceI So much for new modes of coercion. We should like to see an attempt made, by petty sessions, by a well-chosen body of constables, by a vigorous application of that ancienit instrument, a Judge and Jury-supported, when .unavoidable, by a militarv force-to supersede this crueland inefficietit act of Parlia- nent, which serges but to confound the most venial prac- tices with the most atrocious crimnes; to corrupt the inno- cent by a revolting contact with the gauilty, and to extend and perpetuate the natiofial abhorrence of the laws.