men to whofe exertions Ireland was eminently indebted, [a cry of Hear! hear and who knew the neceffity of adopting the meafure. Parliament had formerly reforted to it after the union with Scotland; and a bill to difarm the highlanders, though contrary to the fpirit of the legiflature, was then pailed, and propofed by a whig adminiftration, as remarkable for its love of conftitutional principles, and those of the revolution, as any that had fince exifted. We were now called on to do for Ireland what we had done for Scotland; and to act for a country with which fo large a majority of the house were remotely connected. The frong bias towards conftitutional liberty, which actuated the houfe, was fuppofed to difincline it from adopt ing vigorous meatures with regard to Ireland; and this was urged against an incorporate union, when that queftion was agitated in the Irish parliament, But the gentlemen of Ireland were reminded of the truft they ought to place in the wildom of the houfe, and the love of legal liberty in fuppreffing infurrection and rebellion,

The honourable gentleman, he faid, had refted his principal objection to the motion, on the defciency of a communication from the crown to parliament, But in the year 1798 the ftate of Ireland was examined; and then no fuch communication was deemed neceffary and might not every member propofe the adoption of fach measures as the fituation of the country might fuggeft and juftify? And ought we to be fo dependent on the crown, as to fear the adoption of wife and prudent measures without royal communication? This were to reduce us to the level of the French legiflature,

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where the originating of every law depended on the will of the executive. What then became of his objection? If parliament might always act according to convincing reafons, on emergencies, it was evident that fuch a communication was not indifpenfably neceffary. On the fame principle the habeascorpus act had been fufpended, both here and in Ireland. The propriety of the measure was not fuggefted from the crown. royal communication might precede fuch a measure; but it was not necellary when the grounds for acceding to it were evident and imperative. It was his intention to propofe it only for three months. He was fo confident of its necef fity, that he called upon parliament to pafs the bill without further inquiry. He admitted what the honourable gentleman had advanced, that, if rebellion exifted, the lord lieutenant might proclaim martial law. But was it more conftitutional to come to parliament for an act of indemnity, than to call for its previous authority?

The rebellion broke out in May 1798, and martial law continued in force till March 1799. By the king's authority martial law was then exercifed; and the Irish government relied on an act of indemnity in their favour, if they tranfgreffed not the bounds which the neceflity of the cafe prescribed. They were compelled to withhold a great portion of the municipal law, while property could not be protected without martial law.This occafioned a conflict. For no officer could execute his duty, if fubject to be brought to trial continually. Many indictments were preferred againft officers for attempting to execute the lord-lieutenant's orders; and the rebellion

at one period rendered it impoffible for the judges to fit unmolested. When it abated, the courts were again opened; and firft, in the metropolis, the king's bench. In fome places the circuit was held, and the allizes conducted, under a military force But civil justice could not be exerciled without protection. Therefore, one or the other must be facrificed. After rebellion had been crufhed in the field, Jacobinifin ftill contrived to preferve it alive in the country. This malignant fpirit produced a new cafe, obliging the courts of juftice to be fhut, and the country to feek its protection from martial law. If this fpirit ftill exifted, the neceffity of martial law was evident: that it did now exift, he thus proceeded to fhow.

He faid, that in activity, malignancy, and perfeverance, the Irish rebels exceeded all who had ever attempted the deftruction of their government. During the laft three months, his excellency had found it neceflary to try fixty-three perfons in courts martial; and of thefe, thirty-four were condemned and executed. Moft of them were found guilty of overt acts of rebellion; and all, of having helped to promote it. In the whole year, two hundred and feven criminals had been tried. The character of the noble perfon above mentioned was too well known to be fuspected of unneceflary rigour. He would not have fufpended common law without occafion, but would have allowed the ufual trial by jury. The bill ought not to be considered as an ettablishment of martial law, but for allowing the courts of law to remain open. The crown had power to proclaim martial law when neceflary for the good of the empire. But then the procefs

of the courts was at an end; and the accufed muft, in all cafes, be tried by a military tribunal. By the continuance of this act Jacobinifin would be counteracted, and the people retain moft of their privileges. It was notorious, that feveral diftricts ftill cherished the fpirit that had occafioned fuch calamities, and prompted the inhabitants to attack the perfons and property of their neighbours. But the fecond object was, to obftruct the adminiftration of juftice. For this purpofe they ufed the most terrible means, and rendered themfelves fo formidable that neither juries nor witneffes would attend. Unless the bill were renewed, and government could bring criminals fummarily to trial, the loyal and industrious must again fuffer without hope of redrefs. The rebels themfelves had courts martial, to try thofe who were difaffected to their caufe. How were they to be fuccefsfully combated, if permitted to condemn and inftantly execute their captives, while they themfelves could be punifhed only by the flow process of common law? He faid that by vigour and' energy the evil had been greatly reprefled; and that, three counties excepted, the kingdom was in a ftate of tranquillity. Thefe were, Antrim, Limerick, and Wicklow. But the people, feeing government able to protect them, had thown a loyal fpirit and determination to refift the difaffected.

Hence it might be inferred, that the bill fhould receive limitations. But it was to be remembered that, in thofe diftricts apparently moft peaceably inclined, the flame of rebellion had frequently burit forth the moft violently.

If the line they were to follow must be minutely deferibed, the refpontibility

refponfibility of government for the manner in which their united power had been employed would ceafe, and there would be a danger that thefe violent measures might be embodied in our municipal law.

As parliament would always fuperintend the measures of government, there was no probability that the powers conferred by this act would be abufed. The lord lieutenant was always made acquainted with the circumftances of every cafe before it was tried by a court-martial. The officers were bound by an oath, to take cognizance of nothing but an act of rebellion, or in fartherance of rebellion; and his excellency reviewed the fentence before its execution. Thofe who were most attached to the principles of liberty, and therefore were reluctant to pafs an act which feemed to make a temporary furrender of it, fhould recollect that fometimes the conftitution itself could be no otherwise preferved. Here the fuperiority of ours to the ancient republics was manifeft. With them, it was neceffary to inveft individuals, occafionally, with arbitrary power. But they had no controul over those whom they thus trufted. Thus thefe men often overturned the liberties of their country, and became mafters of the ftate. With us, a power conftantly watched against fuch abufe, But little inconvenience would be felt, if the trial by jury should be fufpended till the ftorm were over: otherwife, although one criminal might be convicted, twelve loyal fubjects would be exposed to depredation and murder.

He was authorised to fay, that the illuftrious reprefentative of his majesty in Ireland confidered the renewal of this act highly expedeint. Few would queftion his pe

netration, wisdom, humanity, and love of the conftitution.

It had been faid, that he (lord Cafilereagh) had not a right to propose this measure; but he maintained, that, as agent of the Irish government, or even only as a reprefentative of the people, he might, with propriety, bring forward any measure for the advantage of the ftate.

It could not be fuppofed that fuch a rebellion had wholly subfided. While the war continued, and hopes from foreign countries were held out to the difaffected, it could not be. There was now a treasonable confpiracy in Ireland; and, he believed, in every part of the British empire. The fpirit of Jacobinifm had been proved to have exifted; and, till the houfe were fatisfied of its utter extinction, the laws enacted to check it ought not to be repealed. Before the expiration of three months, there would be full time for inquiry; and without that he wished not the act to be continued. He was fure, however, that inquiry was unneceffary to thofe connected with the Irish government, or the reprefentatives of that part of the united kingdom ; but, if fatisfactory to any member in the houfe, it ought to take place. He should be happy if a further continuation of the act proved unneceffary; but of this he doubted.

He added, that, if his prefent motion were fuccesful, he thould propote another meafure, to render the prefent lefs obnoxious.There were many then in cuftody of the civil power who must be delivered to the military tribunals, if the habeas-cor; us act fhould remain in force. He tuld therefore move, on the next day, for its fufpenfion.

Sir Lawrence

Patons faid, that

he hoped his oppofition to the motion would not be imputed to a with of embarrating the measures of government, or to any perfonal hoftility to his majefty's minifters. He had oppofed the measure in the Irish parliament, and was now more ftrongly convinced of its mifchievous tendency. When a fpirit of infubordination and outrage prevailed, and martial law became neceffary, the crown had a right to exercise it. What ufe then was there in impofing a prerogative on the crown, which it inherently held? What then could be the object of this bill? It could only be to enable government to exercife martial law whenever it fhould fuit its purposes; whether with or without neceffity. The bill was either nugatory or worse.

The queftion was, Were the courts of law open, and allowed to exercife their jurifdiction uninterruptedly? If they were, it was contrary to the British conftitution to have recourse to a military tribunal. The noble lord had afferted, that jurics in Ireland could not be found to do their duty. He defired to know in what town or county that had been the cafe. After the rebellion, the affizes were held in Wexford, where many were tried and convicted. He advised the noble lord, either to adduce facts in fupport of his motion, or to abanden it. He had faid, that fixty-three men were tried by martial-law in the last three months. But the courts of law were open, then why were they not fent thither? He defied him to point out any one inftance where they might not have been tried with equal advantage in the long-eftablished mode of proceeding. Martial law might be feared, but could never be respected; and therefore would not com

mand obedience. Inftead of feeing the judges adminiftering the law with folemnity, the people faw them shouldered from their benches by officers, who, ignorant of law and precedent, were guided only by their own capricious opinions.

He read an extract from a work of fir John Davis, attorney-general to James I., on Irish affairs, which ftated, that, after peace was reftored, the next object was the re-cftablishment of juftice. The juftices of affize made the circuit of the kingdom, trying all kinds of offenders. The people were more deterred than by military executions; and the country was foon cleared of malefactors. Here was the triumph of the old Saxon conftitution, the best ever invented by man; and he implored that it might not be abolished. Now Ireland was united to Great Britain, he trusted that the first act of the imperial parliament would be a reftoration to her ancient privileges.

Mr. Dennis Brown faid it had been proved before the fecret committce, that a dreadful confpiracy had exifted, to feparate Ireland from Great Britain. Jurymen and witneffes had been murdered in great numbers, fo that others refufed to come forward. Those on the fpot knew, that but for martial law Ireland muft have been separated from England.

Sir George Hill fpoke in anfwer to fir Lawrence Parfons. He thought the quotation from fir John Davis not in point. In king James's time the Irish were rude and ignorant. They had now become enlightened. Concerning the exertions of juries, he obferved, that in 1797, though the county jails of Tyrone, Donegal, and Derry, were full, no jurymen could be found to try them; and the

crown

Crown lawyers were obliged to make them fit in judgment on each other by turns. He concluded by preffing the neceffity of continuing

the act.

Mr. Grey fard, he felt himfelf bound to fupport the motion of his honourable friend. He was not fatisfied with any thing the noble lord had advanced for the measure propofed; nor that any of thofe who had fupported it had adduced the leaft proof of its neceffity. On the other hand, the honourable baronet had advanced facts worthy the attention of the house, even were the queftion not upon the propriety of adjournment, but on the further continuance of the bill.

It did not follow, that, because a confpiracy formerly exifted, and martial law then became neceffary, the people were to be deprived of their conftitutional liberty now that the rebellion was quelled. An honourable gentleman had faid, that in 1797 many perfons were apprehended for dangerous crimes, who could not be tried by common law. It appeared, however, that they were house-breakers.

But

would it be afferted that houfebreakers were to be tried by martial law, and expofed to military punishment? If this were afferted, no ftronger argument could be adduced to warrant the rejection of the motion. It was faid, that, laft year, two hundred and feven were feized, and eighty-four condemned. But this had not been explained. It had not been ftated what were their crimes, and whether any open acts of rebellion had been committed by them. And why were they not tried in a court of law, when the courfe of juftice was as regular as at any other period, instead of by a tribunal which implied a fufpenfion of all

the principles of the conftitution, and a furrender of the liberty of the fubject.

The houfe had a right to expect more fatisfactory grounds ere they proceeded in the prefent measure. Nothing had been heard but congratulations upon the union, as having produced the reftoration of perfect tranquillity. The people of Ireland were to be admitted to all the bleflings of the English conftitution; and all the evils that had been deplored were to be destroyed. He fhould concur, he faid, with his honourable friend, in trying to diffuade the houfe from determining on this measure till its neceffity were more clearly fhown. The noble lord had afferted, that the power of martial law in Ireland had in no inftance been abused. A well attefted fact had proved the contrary. A foldier was brought before a court-martial, charged with having butchered a man fufpected of rebellion, even in the arms of his mother; and though the proofs of his guilt were flagrant, he was acquitted. It muft ever be unfafe to truft the lives of a people to the decifion of a court-martial, fo liable to be influenced only by temporary feelings, inftead of the confiderations of impartial juftice. He afked, and contended now, only that the house would fufpend their judgment, and examine thoroughly the grounds of the meafure, before they placed a power in the executive government, unexampled in fimilar circumftances in the hiftory of the country

He did not admit that this power was a neceflary branch of the royal prerogative, but rather an act arifing from a particular emergency. Martial law could exift only in the abfence of the king's peace;

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and