Изображения страниц
PDF
EPUB

The motion was negatived: after which it was resolved, "That there be laid before this House, a copy of any full powers which may have been given to captain sir Sidney Smith, for the purpose of negociating and concluding a treaty with the Ottoman Porte, or with any power whatever; and also a copy of any instructions which may have been given by his majes ty to captain sir Sidney Smith, for the purpose of regulating his conduct in any negotiation in which he might be engaged in virtue of such powers; and also, a copy of any proclamation issued by sir Sidney Smith during or subsequent to the siege of Acre; and also, a copy of an Order from the Lords Commissioners of the Admiralty to lord Keith, dated the 15th Dec. 1799; and also, a copy of an Order from the Lords Commissioners of the Admiralty to lord Keith, dated the 28th March 1800."

the violation of the Convention were no f produced, that they would contain every reason whatever for their production! word of the proceeding from beginning How the right hon. gentleman could re- to end. concile this to consistency he was unable to discover. Neither could he agree with the right hon. gentleman in his position, that sir Sidney Smith was invested with no power to conclude a treaty or convention which he judged to be advantageous to his country. He was willing to allow, that he was not the commander in chief, but that lord Keith held the principal command. He would state, however, explicitly, that this gallant officer had the chief command on the coast of Egypt; that he had the principal share in the management of those troops which were composed of our Turkish allies. In the exercise of this command, if these allies were ready to consent to a convention, he did merely what was natural in stipulating for the interests of this country. The right hon. gentleman had talked much of the eminent good faith of this country in observing the passports which were granted after they were informed that such a convention had been established; but how, it might be asked, had this good faith been displayed? After the French had actually given up many strong posts which they had previously occupied, after a part of the troops had actually embarked on their return to France, the authority of good faith had been so much respected, that, when intercepted by English cruizers, they were not allowed to proceed to the place of their destination, but were landed again in the place whence they

came.

Debate in the Lords on the Irish Mar tial Law Bill.] March 23. On the mo. tion that the bill do pass,

Earl Fitzwilliam said, that the parlia ment of Ireland, with all the means of forming a just judgment as to the necessity of the measure and the period of its duration, had enacted, that it should continue in force only until the 25th of March 1801. It was now proposed to extend it beyond that period; and surely something more satisfactory than had yet been adduced would be required before it should Mr. Robson warmly supported the mo- receive the sanction of the united parlia tion. He adverted to the orders sent out ment, It was now submitted to their to lord Keith by the late ministers, which wisdom as a measure which ought to be he held of themselves to be a sufficient discussed on its own merits. It was in ground for their impeachment; and con- cumbent on them to consider it on the cluded by pointing out the enormous ex-grounds which might now be brought pense of the expedition to Egypt, by forward in support of it by his majesty's which the produce of six or eight years ministers; and very strong arguments of the income tax would be consumed. they must be which should induce their Mr. Jones, in reply, observed, that he lordships to assent to a measure that went had been accused of having delivered his to suspend the most valuable right enjoysentiments with much warmth, and a very ed by the subjects of this country; which audible voice; but the right hon. gentle- struck at the vital sinews of the British man had displayed no less warmth, and constitution, by setting aside the trial by had spoken in a tone fully as audible. a jury of their peers, and placing their The charge, therefore, came with a very lives at the disposal of persons who were ill grace, and reminded him of the old pro- not very competent to decide on the quesverb of "the pot and the kettle." The right tions submitted to them by this bill. hon. gentleman had shown that he had well became the House to consider how enough of voice, but it was vox et preterea those who might be before such a tribunihil. He expected, if the papers were nal were to be arraigned, and whether

It

they could have the advantage of those safeguards of innocence secured to them by the laws of this country. In proceedings for high treason, the accused was entitled to have a copy of his indictment, a list of the witnesses to be produced against him, and of the jury to whom his life was to be committed. Were there any provisions of this sort in the bill? No. Surely then, it was incumbent on those who recommended such a measure, to show the grounds that existed for its adoption. Could a stronger measure have been proposed had the country been in a state of actual rebellion? But it was now nearly two years and a half since the rebellion had been suppressed. Was there any interruption to the regular administration of justice? Was it attempted to be proved that the assizes could not be held as usual or were there any statements produced to the House on the part of the judges of Ireland, that they could not do'their duty. No such proofs had been brought forward They were called upon to surrender the liberties of the sister country into the hands of ministers, without proof that such a proceeding was necessary. There might exist good reasons for the measure; but as none had been stated, he could not give it his support.

but alas! such was the melancholy state of Ireland, that she must either seek refuge in a military government, or submit to a wild and fierce democracy. There was unfortunately no alternative; the civil government of the country had found itself unable to support its authority unaided by military force; if that auxiliary prop was taken away, it would soon fall and crumble into atoms. The rebellion that had existed in Ireland, was of a na ture unparalleled in the history of the world. It did not, as some former rebellions had done, proceed from misplaced loyalty, religious zeal, or party difference; all principle had been subverted, every laudable feeling stifled, and no other object cherished, than a rivalship in domestic treason, relentless murder, and cowardly assassination.-Though the rebellion had been overpowered in the field, the head of it remained unbruised and unbroken. It existed long before it broke out, and it existed still; in fact the snake was scotched, not killed. Democracy had taken deep root in that country, and it would be long before a spirit of subordination could be restored. From the time that the appeal of a rebel convention from the Irish parliament had been received in this country, and sanctioned by authority, in The Earl of Clare said, there were pa- 1791, democracy had been planted in pers on the table of the House affording Ireland, and had continually grown up ample information and sufficient grounds and flourished since. The subtility with for a continuance of the bill. In proof of which the preachers of sedition proceeded this, he desired the clerk to read the title would be evinced by the fact, that of and various extracts, from the reports of those who went up with addresses to a the committees of the Irish parliament, in noble earl, before his quitting the admi1798, respecting the then state of Ireland, nistration of Ireland, many were at the with the confessions of Arthur O'Connor. moment engaged in a conspiracy for That the bill should be received with overthrowing the government. Now it alarm, with jealousy and with disgust by a was greatly too powerful for the civil go British House of Lords, did not surprise vernment. Martial law was indispensable, him. As a lover of the British constitu- and could alone give security to the pro tion, he participated in the common feel-perty, religion, and lives of the loyal ings of other noble lords; but as an Irishman, particularly he felt degraded and disgraced, when he found himself obliged to confess, that Ireland could not be saved, unless such a violation of the constitutional rights of the subject was suffered to receive the sanction of the legislatureNoble lords who lived in this happy country enjoyed the most uninterrupted security, as to their lives and property; convinced by daily experience of the many blessings they derived under the British constitution, it was natural that they should revolt at the idea of suspending it, in any part of the British empire;

inhabitants. Martial law certainly was an evil, and that country was in a state of degradation which was obliged to resort to it; but the wish of Ireland proved the necessity for it. He valued highly the laws of England, he had spent his best years in acquiring a knowledge of them, and he envied this happy island the bles sings of which, under them, it was in possession. After enjoying for a while, the luxury of being here, he should feel mor tified when he returned to his native country, and was put under martial law. Under that, however, he would far sooner live, than under the government of un

applied for a writ of Habeas Corpus, which of course was granted. The consequence was, that Mr. Tone had an opportunity to cut his throat with a razor, and to disappoint the justice of the country. Immediately after the petty solici tors flocked to Dublin from all parts of the kingdom, and procuring writs of Habeas Corpus, prevented the trial of the rebels. For martial law thus exercised to be effectual, it was necessary that the king's courts should be shut. A noble lord had asked, whether the judges had not regularly gone the circuits for two years and a half? In general they had done so, but they had always been obliged to be protected by a strong escort, and two judges going to hold the assizes in a distant county, had been attacked by the rebels not many miles from the capital. They were not murdered, to be sure, but they owed their safety merely to the rebels having neglected their usual precaution. Their servants had not been bribed, and the postboys turning quick about, they escaped from the snare by the speed of their horses. The last journey of the attorney-general, had been truly, though ludicrously termed a pilgrimage, and it was said, that Mr. Attorney all the time looked pale, that the jurors perjured themselves, that the assassins escaped, and that the witnesses were assassinated. To disturb the administration of justice had been and continued to be, the principal object of the conspirators. The plan of giving every criminal a list of jurors and witnesses before the day of trial, he considered as quite impracticable; ninetenths of the jurors and witnesses would be murdered before the day appointed came. Such had been the complete organization of treason and rebellion, that the municipal law, unsupported by the military, not only could not be exercised with effect, but the mere attempt duly to administer justice was defeated and perverted to the direst purposes. superior committee of superintendance in the several districts took care to have spies present at every trial in each circuit, who marked out those jurymen who ventured to give a conscientious verdict, and every witness who dared to tell the truth in compliance with his oath. A description of these was delivered to the committee of the province, and by them transmitted to the general superintending committee of the district, who made out from these communications a list of pros[4K]

principled and merciless barbarians. He wished the noble marquis, at the head of the Irish government had been present. The humanity of the noble marquis was equal to his courage. Nothing could be more embarrassing than his situation when he came to the government. An invasion was threatened from many different quarters, and the troops were quartered out in small cantonments, and engaged in a species of warfare by no means calculated to advance their discipline. The noble marquis had collected them into considerable bodies: had trained them with unremitting assiduity; had restored tranquillity; and had placed Ireland in a state of defence which enabled her to face a foreign force in the field, and bid defiance to the efforts of her enemies. But though every thing had been done which could be done by man, Ireland was not in a situation to enjoy the constitution. The municipal law was found to be totally ineffectual. He allowed that when this was the case a proper method to proceed might be for the government to exercise martial law, and to take the responsibility upon itself. This had been done by lord Cornwallis, but had been attended with very great inconvenience. The noble marquis never would resort to acts of violence but under the most pressing necessity: he never permitted an individual to suffer without the most minute investigation of his case, and he spent four hours every day in examining the minutes of courts-martial. Soon after the noble marquis took upon himself the chief command in Ireland, he released many rebels from prisons, and to many others he granted a pardon, on giving up their arms. Some of those were afterwards again taken up and sent abroad; but there were many with the same rebellious spirit still in the country; many had found their way to this Country. Notwithstanding this merciful conduct of lord Cornwallis, much inconvenience arose from his lenity. He would state an instance of the abuse practised by a resort to the municipal law, where martial law was mildly administered. Theobald Wolfe Tone, whose name made a conspicuous figure in the secret committee, had been taken in arms in a French ship of war, and condemned by a military tribunal. The court of King's-bench was then sitting, however, under a military guard, and a worthy limb of the law discovered that it could not be open without being compelled to interfere. He therefore [VOL. XXXV.]

and

The

criptions, and transmitted orders to the | he could go to his bed chamber at home several provincial committees, to send a without entering an armoury, and could certain number of determined zealots, to close his eyes without apprehensions of meet their agents. This was regularly having his throat cut before morning, and complied with, and the lists of assassina of seeing his wife and children butchered tion delivered to the wretches devoted to before his face. He should be inexpressibly the trade of murder, who not only were happy when he could once more walk or ride often previously unacquainted with the out unarmed, for it was a curious fact, that name and character of those they were to when he was in Ireland, his servant destroy, but absolute strangers to the in- brought him his arms as regularly as he dividuals that formed the general super- brought him his hat. To think of repress. intending committee, they nevertheless ing this spirit by concessions and indulseldom failed to execute their commission gence was absurd. Acts of that kind had in its utmost extent, involving the wives, already had a mischievous tendency. The children, and domestics of the party pro-rebels had a system of laws the most sescribed, in one promiscuous slaughter. vere, and the most promptly executed; The county of Limerick, in which he re- and which could only be met and counsided, was almost the only one which re-teracted by martial law. If this bill were mained quiet during the early part of the not renewed, scenes would be exhibited rebellion; yet a dangerous insurrection a in Ireland to which there had been noyear and a half since suddenly broke out thing similar since the year 1641. Noin it, and it was begun by an atrocious thing would be seen over the country but murder being committed under his own pillage, murder, and conflagration. His roof. One of his servants was put to lordship spoke highly in praise of those death under circumstances the most who had boldly stepped forth to quell the shocking, merely because he was an En- rebellion. They had not only exposed glishman; and to show the extreme bar- their lives, but, what was far more heroic, barism at which the Irish people had they had risked their reputations. Misarrived, the principal assassin was a man conduct had been imputed to them, but who had been his servant and his father's most unjustly. Government and indiviservant for upwards of thirty years, and duals had both acted with the greatest had been uniformly treated by both of propriety, and he believed there was no them with the greatest possible kindness. one so hardened who would not now conThe wretch had stolen arms from his fess, that if they had acted otherwise, house, and distributed them among the Ireland would at this time have been in rebels. When he was led to execution, dependent of Great Britain, or at least he confessed to the priest who attended the seat of civil war. It was easy for him, that a list of twenty had been made, those at a distance from the spot to talk whom it was resolved to murder, and that of humanity, and to rail against measures his master was of the number,whom, to of vigour. Let noble lords who opposed use their own phrase, he had sworn to that bill take a journey to Ireland. He sweep," in one of his evening walks round engaged to give any six of them a villa his farm. He (lord C.) was the only and a small farm each, if they would con person who gave employment and bread sent to reside in it. After they had tasted to the poor in that neighbourhood, and for a twelvemonth the luxuries of an Irish without him they must have been reduced life, let them come over (if they survived), to the greatest wretchedness. He menti- and declaim in favour of the rights of the oned this to show that they were not ani- Irish. To give their lordships an idea of mated by any thing resembling a rational the ingenuity of cruelty practised by these motive, but were spurred on by a pure barbarians, he would state a fact: one of love of blood. If the noble earl (Fitz- their punishments of such as had offended william) could find time to visit his es- them, by an active attention to the duties tates in Wicklow, he would see that these of their official situations, was, for a party representations were not exaggerated. of them to surprise and seize the unhappy He would there behold nothing but traces victim, to muffle him, bind his hands be of desolation, and signs of the renewal of hind him, and, after having stripped his these horrors. With the deepest grief, he back naked, to fix a cat on the nape saw such things, and spoke of them. his neck, and when they had by every Happy would he be to see his country possible provocation rendered the animal restored to order. Happy would he be if wild and infuriate, to seize it by the tail

of

and drag it up and down the back of the unfortunate sufferer, till his back presented an entire picture of blood and gore. Lord Clare adverted to the report that he was an advocate for torture. The foundation for that report he recollected well, and should state it to the House. A blacksmith had been apprehended, who, there was the greatest reason to believe, had been engaged in framing pike heads. Af ter various means had been tried in vain, to force him to confess where he had concealed them, he was placed upon the picquet. There he had not remained half a minute when he told where about 500 might be found, and there they were found accordingly. In answer to what had fallen from a noble lord opposite (earl Moira), he did say that it should be maturely considered, whether society would suffer most from the murder of two or three hundred loyal and well-disposed men, which was probably thus prevented, or from a rebel blacksmith being placed half a minute on the picquet? What he had said then he now repeated; and if there were any who, regardless of the two or three hundred loyal and well-disposed inhabitants, pitied only the rebel blacksmith, he did not envy them their feelings.

The Earl of Moira said, that that was not the only instance in which torture had been applied to extort confessions of guilt. In a vast variety of other cases it had been resorted to, to compel persons to criminate their neighbours; and, in these cases, the application of the torture was continued, not for half a minute only, but for whole hours, and that at repeated times. On confessions so obtained, it was impossible to form an accurate and wholesome judgment. The state of Ireland, as described by the learned lord, was a melancholy one indeed. But what was it that had reduced that unfortunate country to so miserable a situation? Were the inhabitants so different from those of Great Britain?-were they so abhorrent from civilization, and so prone to barbarism, as, though governed by the same laws, to be still so widely placed asunder in character and improvement? It was a maxim with Plato, that a general insurrection in a country, proved the existence of misgovernment. If, then, Ireland was to be considered in such a condition, much was to be imputed to the impolicy of government, and the bill could be no adequate remedy for the evil. If government viewed

|

the inhabitants of Ireland in the light of human creatures, they would adopt other means than those of asperity. But to the bill under consideration there were many objections: if the spirit of rebellion generally prevailed in Ireland, why not make the bill general in its operation? Martial law was not to be justified but by such an exigency; and if that existed, why limit the application of the law? His objection to the bill was, that it attempted to define and legalize what in its nature was not to be legalized. Why not leave the responsibility for the use of this power on the head of government? No man entertained a higher idea than he did of the humane disposition of lord Cornwallis, or of the noble lord who was to succeed him; but the wisdom of parliament always measured power by the exigency of the case, and not by the character of the person to be invested with it. The bill was unnecessary, because it was competent for the lord lieutenant to enforce martial law where it appeared necessary, and afterwards to call for an indemnity for this infringement of the constitution.

Lord Holland said, he was surprised that the learned lord who had so much distinguished himself in bringing about the union, and had so often enforced the advantage to Ireland of a parliament without prejudice or passion, should insist that the House should legislate for that country on the authority of what was done by that parliament, which was represented as so objectionable. At the time when. that measure was agitated, we were told, that in an imperial parliament the interests of Ireland would be discussed by impartial men, removed from all local prejudice or passion; that the state of parties was too violent at home to leave men in a state of deciding with calmness and impartiality; and yet it was upon the authority of men who were locally interested that the House was called upon to decide the present question. For his part, he never had acceded to that representation; but, leaving that out of the question, Ireland was now a part of this country, and the House was bound to distribute law to it as it would more immediately at home. To make the reports of the Irish parliament on what happened three years ago evidence of a rebellion existing now, was just the same as to call the attention of the House to the rebellion in Scotland in 1745, and make it a ground for introducing martial law into that country. But the noble

« ПредыдущаяПродолжить »