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had a fyftematic and regulated plan of procedure. It was an organized confpiracy, not only against the state itfell, but allo against the perfon. and property of every individual who adhered to government. If gentlemen wanted inftances of the organization of the rebellion, he would refer them to places in which courts-martial were fitting, not of his majefty's forces, but of the rebels in their own camp, in which they proceeded to try thofe whom they call traitors, that is, those who did not adhere to them; and those they did not only condemn, but also executed. This they did by removing from their station in the night, to which they returned again before day-light. No civil power could take these practices into confideration, because any evidence that should be given, would be the un- fupported evidence of an accomplice, on which it was not the practice of courts of justice to convict. Such attempts to enforce juftice, and procure tranquillity, would only have expofed the lives of his majesty's fubjects; and, therefore, under this complication of evils, it had been deemed advisable to pass this bill, in order, not to overturn, but to protect the municipal law. By the experience of the county of Wexford they had feen, that, although general tranquillity had been restored in Ireland, the principles and the feelings of rebellious fpirits there remained the fame: for they had fworn a hatred to the government, and an attachment to the enemy, whom they would affist whenever they had an opportunity of fo doing. And there was nothing that they were not confident of counteracting, but the energy of the bill before the

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houfe: a bill which terrified the rebellious, and encouraged the loyal. It was recommended to adminiftration to fhew, and hold out to the people of Ireland a good government: he hoped they would have no other. But to abandon the caufe of the loyal, and give encouragement to the rebellious, was no part of good government. If the bill was unnecessary, then it was not a measure of protection, but of oppreffion. But, if the government of Ireland stood as he had stated it, and if the circumftances of the country were fuch as he had ftated them, this would be a measure of ample protection to the loyal of that country, and would fo be regarded by them; and it would operate not only against the enemy within, but the enemy without.

Colonel Jackfon, in fupport of the bill, obferved, that when the enemy landed, hardly any of the inhabit. ants of that part of Ireland where they made their defcent, was fuppofed to have any wifhes in their favour; but it was furprifing to fee how many had taken the oath of rebellion, when the matter came to be examined.

Colonel Martin afcribed the prefent general tranquillity in Ireland to the operation of martial law. If a greater degree of difturbance had prevailed fince the enactment of the law, it might have afforded an argument against the bill; but the effects it had produced were its best eulogium. As to the charge of putting perfons to torture, for the purpole of extorting confeffions, it fhould be remembered, that the first act of the prefent chief governor was, to give out, in general orders, that no torture fhould be inflicted. Torture was forbidden by the law [M 2]

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of Ireland; and if there was no thing in the exifting law, or the propofed bill, for that purpose, he afked whether the honourable gentleman's (Mr. Taylor's) argument, against the bill was pertinent?

Mr. Courtenay, after beftowing great praife on the lenity, wifdom, and moderation of marquis Townfhend, under whofe government the first ray of liberty had dawned on Ireland, in the paffing of the octennial bill, obferved, that it had been acknowledged by moft gentlemen from that country, who had spoken on the prefent delicate queflion, that there was now but one courtmartial in Ireland. If that was the cafe, could there be any real neceffity for a law fo abfolute, tyrannical, and oppreffive, as that now propofed?

Colonel Longfield argued the neceffity of the measure, from the recent circumftances of a witnefs against a rebel having been waylaid and wounded, and the mailcoach having been lately robbed by an armed band of ruffians within a few miles of Carlow. Thefe ruffians were, to the full, as well armed as his majefty's troops, and could not be put down by the civil power. In his opinion, Ireland was now in a worfe ftate than it was in June,

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the queftion related to the fouleft, the most dangerous, and the widest-· spread confpiracy, that had ever exifted in any civilized country. A certain number of mischievous men had feduced the great mass of the population of Ireland; and the confpiracy, he must fay, had been fof.. tered by men of property and ta~/ lents. Its extent and importance were proved by the reliance and aid given to it by the French republic. It was fuch a confpiracy, as the intrinfic force of the country could not have withftood. He had,. himself, feen 60,000 pikes fent from the metropolis to the infurgents; and, if thefe had been diftributed, there were no more than 5000 yeomanry to withstand the attack.Against this mafs of pikes, there was certainly no reafoning. They wanted feparation from England, a French connection, and aur equal divifion of land. In his opinion, the rebellion ftill existed in all its extent, though not in all its force." If the rebels were encouraged by the failure of the prefent bill, the danger could not be removed by any after-meafures. There was. no treating with Irish jacobins. "If," faid he, "we do not rule them, ' they will rule and exterminate us."

Mr. Wefterna admitted that all was quiet in his part of the country;' but, from his knowledge of the fouth of Ireland, which he had repeatedly visited in a military capacity, he was convinced that this bill was abfolutely neceffary. It had, for its object, to prevent atro cities, many of which he had wit-1 nelled, and the mere recital of which' fhould cause every man of feeling' to fhudder.

Sir F. Burdett faid, that when' he heard that difeontent prevailed,

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not in particular parts only, but almoft in every part of Ireland, he thought himself juftified in inferring that this general difcontent muft have a general caufe, and that caufe he looked upon to be oppreffion. For his part, he was difpofed to adopt the diftinction made by an honourable friend of his on a former occation, and to recommend a récourle, not to martial law, but to martial force. Why not attend," said he, "to the leffon given us by that great and extraordinary man, who, by his wifdom and lenity, confolidated the French republic? He has fhewn us in La Vendée what are the effects of justice and mercy. To that houfe he would recommend the fame courfe."

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Lord de Blaquiere rofe to give his moft decided fupport to the prefent measure, which he confidered as effential to the fecurity of Ireland; and to which it would have been fortunate for Ireland, if recourse had been had fooner. An honourable baronet had declared his opinion, that there fhould be but one law refpecting the fubject in queftion for both countries. Now, before the fame law could be applicable to both countries, it would be neceffary either to create a rebellion in England, or to put down that which existed in Ireland. Other gentlemen had declared, that there were no courts-martial fitting in Ireland, and that jurors and witneffes would difcharge their duty without danger; but he could ftate, not one but fifty inftances of perfons being murdered for having faithfully performed their duty as jurors or witneffes. It should be recollected, that perfons could be tried by courts of law only twice a year, as there were only two circuits;

but the fafety of Ireland required that fuch offenders,as Ireland was infected with, thould be speedily brought to juftice. As to the tranquillity fuppofed to exift in Ireland, he could only fay, that, in July laft, they burnt his houfe to the ground. He fuppofed they intended it as a compliment to him, for it was on his birth-day. He stated other inftances of disturbance and infurrection. His lordship concluded with declaring, that, if a few of thofe gentlemen, who perfifted in stating Ireland to be in a tranquil flate, would promife to go over to Ireland, and refide in any part he fhould mention, he would vote with them against the bill.

The queftion being now loudly called for, the bill was read a fecond time without a divifion. On the 20th of March, it was read a third time and paffed.-We now return to the other bill, which had the fame object in view, and which, in its progrefs through the two houses of parliament, was collateral.

March 18. The houfe of commons went into a committee on the Irish martial-law bill.

Lord Caftlereagh briefly stated, that, though he was perfectly fatiffied that no court-martial had ever fat in Ireland, which was compofed of fo fmall a number as three, and though he was perfuaded that it would be more expedient that this, as well as all other particular regulations, fhould be fettled by the lordlieutenant, refponfible as he was for the manner in which he employed the power vested in him by the bill, he was willing to accede to an amendment, for the fake of fatisfying any fcruples which might exist in the minds of gentlemen on the fubject. For this purpose, he propofed, "That the number necessary [M 3]

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to conftitute a court-martial, fitting under the terms of this act, fhould be increased to feven, and that twothirds of this number fhould, in all cafes, be neceffary to fanction the execution of the fentences of courtsmartial."

Mr. Grey faid, that the amendment of the noble lord was good fo far as it went; but that it did not go far enough. Only at Botany Bay, and on the coaft of Africa, was so small a number as five officers competent, under the mutiny bill, for the British army to form a court-martial. Nothing lefs fhould fatisfy him than the placing of the conftitution of the Irish courts-martial, under this bill, on the fame condition, as to numbers, with the courts-martial in the British army. He objected to the age of nineteen, too, at which, under that bill, an officer might legally have a voice in a court-martial. It had been, at a former period, in the progrefs of the bill, ftrenuoufly infifted, that torture or punishment to extort confeffion was in no wife authorized by the acts, which it was intended to continue. But those acts, and even this bill, certainly did grant to the commander-in-chief, power to execute martial law, independently of the authority of courts-martial. What was this but to punish with out trial, and without inquiry? To inflict punishment, which might even have its end in extorting confeffion? Mr. Grey concluded, with moving three amendments, conformably to the tenor of his speech.

Mr. Grey's amendments were fupported by Dr. Lawrence and Mr. Trench; and that refpecting maturity of age, by Mr. Dawfon.

What forms two-thirds of leven men? majority.

They were oppofed by Mr. Yorke, for cretary-at-war, fir John Mitford, the fpeaker, fir Edward Law, the attor ney-general, Mr. Dawfon, with the exception juft ftated, general Loftus, lord de Blaquiere, Mr. Ogle, Mr. Dennis Brown, and colonel Martin,

Mr. Dennis Brown obferved, that much of what had been faid on this fubject was the refult of gentlemen's judging of things from what they had felt in this country; but he begged leave to fay, that, without local know ledge, it was impoffible to judge of it correctly. The feeds of rebellion were often hidden under a tranquil appearance of things. At one place, which he could name, in Ireland, and, indeed, it was in the county in which he refided, the people appeared to be as quiet as they were in England; and, on the Saturday following, there appeared to be 20,000 men ready to join the French, There was a great meeting of people affembled, for the purpofe of lowering the rents of the farms they occupied, and there was a meeting of landlords to take the fubject into confideration. They agreed to offer fome conciliatory measures; and, while they were employed in coming to fuch an agreement, the infurgents and incendiaries burnt their houses. After this, the farmers, in great numbers, refused to act as jurymen at the courts of juftice, faying, that, as most of their property was moveable, they fhould lofe it all, if they took any part against the rebels.On this bill it had been argued, as if it were intended to make martial law generally fuperior to the common law, and that it had been fupported on this ground; but no fuch thing had ever been maintained, or

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thought of by the advocates for this meafure. It was not martial law but rebellion, that put down the common law in Ireland, and, by martial law, the common law was reftored. The amendments propofed by Mr. Grey, were negatived by great majorities,

Mr. Whitbread obferved, that, as the bill now ftood, there was no limitation of panifhment; and, therefore, that punishments unknown to the law of this land, and even shocking to humanity and civilization, might be inflicted under its authority. Under thefe impreffions, he propofed a claufe, for the purpose of providing, "That nothing in this act fhould extend, or be conftrued to extend, to empower any court, to be held under its authority, to inflict any punishment that was now provided, either by the common or ftatute law, and now recognised in the ordinary procedure of the courts of juftice."

Lord Caftlereagh faid, that there never was any thing done under the authority of the act, of which the bill before the houfe was only a continuance, which was not known to the laws of the realm: nor could any punishment be inflicted, under this bill, of a feverer nature than was already known to the law; and, therefore, the objections of the honourable gentleman were not applicable to the present subject,

This reply did not fatisfy either Mr. Whitbread, Mr. Hobhoufe, Mr. Grey, or Mr. Michael Taylor. They contended that tortures had been practifed, and that, by the prefent bill, military punishments might be inflicted; but they could not confent that the people of Ireland thould be fubjected to any punishment, but fuch as might be inflicted on con

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viction of the fame offences by the ordinary courts of juftice, according to the municipal or ftatute law. The claufe propofed was, on the other fide, ftrenuously oppofed by Mr. Claudius Beresford, the folicitor-general, Mr. Dawson, the attorney-general, the fecretary-at-war, and lord Loftus.

Mr. Beresford said, that the hearts of gentlemen might bleed for the people of Ireland, and lament the feverities which had been exercised on them; but they could not feel more on this fubject than thofe had donewho faw and felt the neceffity of inflicting them and did they know as well, and had they felt as much, the calamities and the fufferings to which the gentlemen of Ireland were fubjected, in the courfe of the rebellion, as he and many others, they would fpare fome of their compaffion for the people on whom it was found neceffary to inflict these feverities, and beftow it on those gentlemen whofe lives had been endangered, who had been threatened with affaffination, and whofe property had been plundered and deftroyed. That punishments had been inflicted in many cafes, for the purpofe of extorting confeffions from thofe who were fufpected of concealing arms, he would not, and it would be unmanly in him to deny. He would acknowledge that many country gentlemen, whose lives and property were threatened, and who perhaps had reafon to apprehend that they might be affaffinated in the enfuing night, had inflicted fuch feverities, in order to discover the private depofits of arms, and thus to prevent the defigns, which they knew to be harboured against them. This, however, was not authorized by government; but he could ven

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