law bill existed; and attributed this tranquil state to his peace of Amiens! So far from feeling any confidence in those declarations, he, on the contrary, felt a sort of superstitious foreboding of some great calamity impending, whenever he heard the confident boastings of ministers. It must be recollected what a clamour was raised against his right honourable friend, (Mr. Windham) for saying, that the Irish government had been taken by surprise on the 23d of July; but, certainly, every appearance warranted that supposition; for, if they had any information, they neither communicated it to the chief justice, who lost his life for want of such information, nor to the lord mayor, whose house was that day plundered of a quantity of arms, nor yet to any person to whom it might be supposed 'natural they would communicate it. Although he could not give his negative to the bill, yet he wished that it might not make any more progress, until information was given to parliament of its necessity.

Mr. secretary Yorke said, that the information before the house was, that although the insurrection had been suppressed, yet that measures of precaution were absolutely necessary; especially, while we were at war with an enemy that encouraged the disaffected to break out into insurrections, in order to support his plan of invading and conquering these countries. These grounds appeared to him simple, clear, and satisfactory. As the honourable gentleman had asserted, that the Irish government was taken by surprise, on the 23d of July, he must now, and whenever he heard that assertion, positively deny it. The garrison of Dublin, on that

night, consisted of near 4000 veteran troops, a number completely adequate to suppress an insurrection ten times more formidable. It was absurd to suppose the city of Dublin, or the castle, to be for a moment in danger from that contemptible mob; and if the honourable gentleman had any charge to bring forward against the Irish government, he was ready to meet it.

Colonel Crawford was averse from the renewal of the bill without some further information being given. He could not but conceive that there was great negligence, or want of precaution, in the Irish government, upon the occasion alluded to, especially, when the blowing up of a gunpowder mill, belonging to the rebels, ought to have put them completely on their guard.

Mr. Francis spoke against the

bill.

Lord Castlereagh replied to the two last speakers. He did not think the government could fairly be blamed for not bringing before the consideration of parliament, subjects, which they could not produce any specific legislative mode of amending. If any other honourable gentleman thought he could bring forward any plan for the advantage of any part of the united kingdom, it was his duty to do so, and it would be for the wisdom of the legislature to decide on its policy. If there were any charges to be brought against the Irish government for negligence and want of precaution, he should wish those charges to be brought fairly and openly, and not by a sort of side wind. He did not conceive that preparing a report of the information which government had upon the subject, would be productive of any good purpose; but

that

that, on the contrary, it would interrupt the exertions of government in tracing the different ramifications of the conspiracy. While such inquiries were going on, it would be a matter of great difficulty to prepare such a report as might not disclose facts and information, that would defeat the views of government in prosecuting their inquiries. Upon colonel Crawford's stating, in explanation, that his charge against the Irish government, for want of preparation, was founded on the circumstance of Dublin being almost destitute of ammunition for its garrison, the honourable Mr. Pole warmly denied the fact.

Mr. Windham thought it strange, that it should appear almost a matter of course to pass such a bill as this. There were some gentlemen who seemed to think no more of stopping the constitution, or letting it have its course, than a miller would of stopping his mill, or setting it a-going. They would order it to march, or to halt, with as little ceremony as a colonel would give the orders to his battalion. From the information the ministers pleased to give the house, no conclusion could be drawn. Sometimes they stated the insurrection of the 23d of July, as a mere contemptible riot, in which but a handful of men were concerned; and at other times, when it suited their purposes, they described it of such formidable magnitude, as to require no less a measure than martial law to put it down. It was true, that arbitrary and despotic power might in some cases have their advantages, but as it seldom fell to our lot to have angels to exercise it, mankind was generally content to forego these ad

vantages, and take up the safer and slower operation of laws and free governments. In those ministers, who now wished for those arbitrary powers to be entrusted to them, he could place no confidence at all, as their representations, hitherto, of the state of that country, had been fallacious. They had continued to represent it as in a state of perfect tranquillity, up to the day that it was announced that an insurrection had burst forth; that the lord chief justice had been murdered; and the city of Dublin within an ace of being taken. The Irish government appear to prefer the charge of negligence, to that of being taken by surprise. There was, however, every appearance of a surprise. The lord lieutenant himself was at his country house; and surely his friends would not say that he would have quitted the capital if he expected an explosion. He should not, however, oppose this bill, because, as he was without information on the subject, he was not prepared to say that it was not necessary.

The Chancellor of the Exchequer conceived the necessity of the present measure a question that ought to be always kept separate, from the conduct of the Irish government, on the day that the insurrection had broke out; but since that had been introduced, he must say that he considered the conduct of the Irish government, on that day, as highly laudable, and that they were not at all taken by surprise. After having made all the necessary arrangements for defeating the insurrection, the lord lieutenant retired, as usual, to his country house, to prevent any public alarm or apprehension. He thought it very surprising, that the two right honourable gentlemen

gentlemen (Mr. Windham and Mr. Elliot,) the one of whom had been so instrumental in the first bringing in the habeas corpus suspension act in Great-Britain, and the other in Ireland, without any report of select committees, but upon the ground of obvious necessity, should now seem to think it absolutely necessary to have a report of a secret committee, to prove the necessity of the measure proposed. The statement in his majesty's speech, that tranquillity was restored in Ireland, was perfectly correct, but it was only to be preserved by the same precautionary measures by which it was attained. The insurrection of the 23d of July, without magnify ing it into a business of such importance as the right honourable gentleman (Mr. Windham) had described it, was certainly a symptom of such a disposition, as must be watched and guarded against by every measure of precaution. Before the 23d of July, many persons of great authority and information, among others the lord chancellor of Ireland, thought such measures, as are now proposed, were necessary; but, after the 23d of July, no body could doubt the necessity. This was not now denied, but the gentlemen, on the other side, wished for the formality of evidence to prove it. To all such objections he would answer, that public uotoriety, combined with the preparations the enemy were making, and their avowed objects, did afford abundant grounds for calling for the present mcasure. The objections to it, he considered not tenable, upon sound principles of reasoning, nor from the melancholy experience of the last ten years.

Dr. Lawrence vindicated his right 4

honourable friend (Mr. Windham) from the charge of inconsistency, imputed to him by the chancellor of the exchequer. The suspension of the habeas corpus was but an act of precaution, but the martial-law bill gives extraordinary powers of punishment. So that his right bonourable friend might, with perfect consistency, approve of one and not of the other. The court of martial law, established, was the worst of all that bear the name. Under the mutiny bill, there were required thir. teen officers to form a court-martial; and in no part of the empire, except Botany Bay, or the slave coast, was so small a number of officers required to compose a court-martial, as in Ireland. The impolicy of continuing martial law longer than it was necessary, was this: in the common opinion of mankind, no disgrace attached to those who fell in war, whereas those who suffered by the regular course of justice, were supposed to have an ignominy attached to their death. Emmet, the rebel leader, was a proof of the prevalence of this idea; when he was hurt, at the time of arrest, he said it was nothing, for all was fair in war; but when he was condemn. ed to die, by a jury of his countrymen, he begged that nobody would attempt to write his epitaph.

General Loftus approved highly of the measure.

The Attorney General insisted, that instead of being a violation of the common law, martial law was only an auxiliary of the common law, when it was confined to such districts, and exercised at such times, as would prevent the due execution of the common law. He then animadverted, pointedly, to the conduct and to the language of Mr. Windham,

Windham, on a former occasion, when he asked, "who is it we are to conciliate? Or for whom are we called upon to relax the powers of government? Is it for traitors notoriously conspiring against the government, and against the loyal subjects of that country?" From the language used by that right honourable gentleman, at a former period, he could sufficiently furnish himself with arguments on the present occasion. He was convinced the loyal people in Ireland would not be satisfied, unless such a measure was passed.

Mr. Windham, in explanation, said, that he had given no opinion of the propriety or impropriety of the present measure, as he had not sufficient information to judge; but, certainly, he had never made it a reason against passing the bill, that it might be disagreeable to those, against whom it was to operate.

The honourable Mr. Hutchinson said, it was with reluctance and pain that he felt obliged to give his assent to the measure proposed, and to allow that there was a great difference between the state of this country and of Ireland; he, however, hoped that the united parliament would at length consider seriously the situation of that country, and devise such measures as enlightened policy might dictate for securing its permanent tranquillity. A good government should shew itself no less active in putting down rebellion, than in removing the causes of discontent, and he conceived it impossible for any honest or thinking man, in Ireland, to be satisfied with the manner in which its affairs were administered.

The bill was then read a second time, and ordered to be committed.

Upon the report of the committee being brought up, on the 7th of December, and the question being put for the third reading,

Admiral Berkeley gave notice, that he should, on an early day, move for papers to exculpate the Irish commander in chief (general Fox) from the imputation thrown on him by certain expressions of the chancellor of the exchequer, who had stated," that the commander in chief had early intelligence of the intended insurrection on the 23d of July."

The Chancellor of the Exchequer denied having ever used these words, or intended to throw any imputation on the conduct of that honourable officer. What he had said was, that carly information had been sent to the superintending magistrate.

Admiral Berkeley reiterated his assertion.

Mr. J. Beresford observed, that the sphere of the insurrection being confined to two or three streets, and the night being excessively dark, it might have happened without any blame justly attaching either to the commander in chief, or to the Irish government.

Mr. secretary Yorke, in reply to the observations of admiral Berkeley, said, that the chancellor of the exchequer had correctly stated the language he had used on the former occasion, and had properly disavowed any intention, either on his own part, or on that of any of the members of his majesty's government, to asperse or throw any imputation on the character or conduct of the Irish commander in chief, for whom he felt a very sincere respect; if, after this explanation, the honourable admiral was resolved to bring it forward, it should be as a distinct

charge

charge against the Irish government, and not on the ground of removing an aspersion which was never intended.

The bill was, after a few observations from Mr. Windham, ordered to be read a third time, and both bills were subsequently passed without further opposition in the commons. In the lords, the only debate which they produced, was on the 12th of December, when lord Hawkesbury introduced the subject, by saying, he thought ministers were entitled to claim credit, as not in general wishing that extraordinary powers should be placed in their hands, except in cases where imperious necessity required it. The measures that were now proposed, were what, upon nearly similar occasions, had secured the salvation of Ireland. In Great-Britain, when a wicked and diabolical conspiracy was detected against the life of the sovereign, the offenders were handed over to the ordinary tribunals, and suffered the punishment due to their crimes. There was then no occasion for any extraordinary measures, because ministers were satisfied that the great majority of the population of Great-Britain was loyal. The case was very different in Ireland, where it was well known that a considerable portion of dis. affection still existed. It could not be supposed, that the spirit of all of those who had embarked in the extensive rebellion of 1798, could have been since completely changed. A disposition to revenge yet remained; for it could not be denied, but that, during the rebellion, there were savage and atrocious acts committed both on the part of the rebels, and of the friends of go vernment. Those acts, however,

were not occasioned by martial law; but, on the contrary, the martial law armed government with such a power, as prevented individuals from giving way to their private resentments. Since the time this power was renewed, in consequence of the insurrection of the 23d of July, there was only one instance of a person being tried by martial law; and, perhaps, that instance was solitary, because it was known to be in force. On these grounds, he moved, that the first of these bills, the Irish habeas corpus suspension bill, should be read a second time.

The earl of Suffolk rose, not to oppose the bills, which he really believed to be necessary, but to endeavour to obtain from ministers some information on the state of Ircland. He thought, when an insurrection was put down, it was the proper time for government to enquire what were the grievances in which it had originated. He considered the advice that one of the greatest men who ever lived, (lord Bacon) gave to queen Elizabeth, was applicable to the present state of Ireland, as well as to the times in which that advice was given. That great man advised her majesty to appoint a commission to enquire into the existing grievances of that country, and to consider of the most effectual means of redressing them. His lordship thought, that such a commission ought now to be appointed. Force might put down rebellion in the field, but lenity and justice alone could recover the alienated affections of a people.

Lord King complained, that the house were called upon by ministers to pass such bills as these, without any evidence either of their expediency

or