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r —f . ect, and in them on what passage could the ban. and learned gentleman lay his finger? A paper in the pay ofthe Irish government was edited bya man who had laid an information to the Marquis of Wellesley against him [i\lr. O'Connell.] An inaccurate report ofa speech cf his was complained of, when the reporter declared lie was not responsible, for the editor had altered his report after it had been sent in. [Hear] Was itiii that paper the hon. and learne representative of “prosperous” opera- tives of Leeds read the report complained of? The severity of this measure was made its de- ence. Yes. If a tory ministry hereafter wanted a strong measure for England, they w0uld stop short of this Whig atrocity, and take merit for ineekness; and how could hon. members, who ivere now about to sanction the principle of such mentions—[bean hear]—-li0w could they utter one word against such an at- tempt on the part of their successors ? [Cries of “ hear.”] It had not been proved that this bill was necessary to suppress prmdigal agita. tion. [llear, hear.] A right hon. baronet (Peel), and a right hon. gentleman [Stanlcy,] had said that tithes had nothing to do with agi~ tation; but a noble Iol‘d [Duiicannon] had de~ clared rightly, that till tithes were abolished peace was not, nor Could be established. The other causes of that agitation were to be found in vesti'y eess. in church rates, in grand jury cess, in rack-rents, and in the conduct of the landlords towards their tenantry, and they should have inquired into and discussed those causes before they attempted to apply a reme- dy. The remedy that they we re about to ap- iy would only aggravate the disease tenfold. t would only give increased powers to the clergy to enfoice theirtitbes, and increased means to the landlords to oppress the peasan- try. The agrarian misery was caused chiefly by the distress which gold payments had pro- duced, and he was sure that could the right hon. baronet have supposel so he wouid rather have put his hand into the tire than have es- tablished such a law. [Hear] He had not yet advised a run on the bank for gold. but it might become his duty to give such advice.— [Hear.] The evidence of Mr. Dwyer had been quoted, but he was a convicted and heartless oppressor ofllie widow and the orphan. What then, was there to show that this bill was at all necessary ? What was thereto show that all legal means had been exhausted, and that there were no constitutional means left? It would then be time enciiglflto grant such pow- er as this after such attempts had been tried in vain. Who dared to Say that courts martial should be legalised where special commissions had not failed. Last year’s committee had re ported that in the Queen’s county at special commission had been found snflicient ; that the Lord Cliiefdustice had declared that they had always been sutiicient. Mr Bavington proved that in 1831cork was in open rebellion, the King’s troops were attached, there was a re. gular battle of Deshure, twenty-seven persons were apprehended, tried, and convicted at a special cmnmisFion; and he says “ I belieVe ever since there has not been a more quiet county in Ireland. The result was the same in that year, in Kerry and in Limerick ; and again, in l8l5, in Limerick ; and last year, in (flats. [Hear, hear] The peasantry were in military pt)SsCssi0lt of Clare before the. Special commission—thatCounty was now the quietest :o Ireland. A second special commission was applicable to the special purpose of quieting

; the county : and it was his case, and a trium-

. bant case, that no instance had ever been ,nowntpf a second special commission being , I tent to'qfiet a county; yet the House

THE BRITISH AMERICAN

was called upon to pass this act without a se- cond special commission being tried, or any extraordinary measure. If he had such acase as this before an impartialjury, [bean] he did not say there was any partiality here ; but it hehad a case before ajury, in winch a party called for an authority on the plea of the ne- cessity of the case, and he [Min O’Connell] could show that the authority he already had was sufficient, he should here suspend his argu- ment, confident that the plaintiff would be hurled out of court. [llear. The ev1dence was all anonymous. There had been papers in a red box produced by parson Dwyer, but it did not appear how much of that red box.was stuffed by parson Dwycr himself. The right

hon. gentleman [Mn Stanley] had the credit of

appointing the lord lieutenants of counties in Ireland; yet, excepting two, no letters from lord lieutenants had been read; and this anon- ymous communication formed the only evi- denCe upon which to found this measure. Ille. gal notices were no more the proper grounds for a suspension ofthe constitution than were the Swing letters. [llear.] Wieklow was per- fectly tranquil : but the Vicar of Bray—[a laugli]—son of the Lord Chancellor [Plunkett] and others had received illegal notices. The Vicar, however, knew the hand-writing, and traced the letter to an Orange aspirant for a place in the police. [Heat] What a specimen oftliis part of the case? That the son of the Lord Chancellor should trace the circulation ofthese illegal notices to an individual who had an interesting motive in circulating them ; for, as the policemen were considerably aug- menth in the disturbed counties, the writer had a direct interest in the circulation of such notiCes. 'I‘liree provinces out of four had not any disturbances; and in the fourth [Leinster] the counties of Cork, Mcath, booth, and Long. ford, and the city of Dublin. knew nothing of prmdial disturbance. In \Vestmeath there were partial disturbances, in Wexford none, in Wicklow none. Only part of Kilkenny was disturbed [for in the lower part there were no disturbances]: there were disturbances in a part of Curlew and Queen’s County, the whole population of which was 5,003,000 out of a pap- ulation of 8.000 000. Had the house heard of one witness that had been injured ? Yes, the case was stated by the riglithonorable baronet [Peel] ; and for that outrage which was com- mitted on worthless persons, nineteen years ago, after great provocation, seven persons were hanged, one ofwhom was innocent. This was his case. One witness in sixty years had been injured; not one juror had ever been inju- red. Ile defied his opponents to the proof 0l this. How could any person have the conti. dance to say tliatjurors stood in need of pro— tection, when it was found, that for sixty years, with no endeavor to protect them, not one had ever been injured. Some story had been told of a horse dying in a ditch, and for these old women’s tales we were to part with the Habcns Corpus Act and Trial by Jury. was be (Mr. O'Connell) in an Engliin Assembly, was be addressing men who had constituents,

a- who were yet prepared to make a sacri- fii {the constitution to despotism ? All that he iuld tell them was, that he would give tip

the liberties ofhis Country to any hanzrlity sa- ti'ap or despot; the Dcy of Algiers was disenga- ged, and he might be sent there: he would give up all if it c mld be showu that any injury had been off. red to ajuror in the discharge of his duty. Mr. Barrington, Seventeen years crown Counsel, and the worthiest ofmen. saith—“He never knew an instance of hostility tojurors;

* at the same time that the persons who have

been acting asjurors have been attacked, re-

- 120 45

turning from the Insurrection Act, though they had been serving on a jury to try a capi- tal offence, and on an Insurrection Act to tr

a transportable one.” The very magistrates coming from trials under the Insurrection act spared those very men ! He goes on-“ the“; is a rancour remaining in the country for years after, and a hostility against magistrates who act under tne Insurrection Act, not the slightest aguiiistjurors.” 'I‘liat then, was his case. English reformers, were juries to be put down in Ireland? At Carrieltsliock there was no doubt oftlic murder, the only question was, whether the prisoner wasiine of the murder. ers. ()ne of the witnesses on his cross exami~ nation, admitted that one of the persons then in gaol on account of the murder was inno- cent, and lie was acijuitted by ll 6 jury; and this was the case in which thejuror was intiini. dated. Next day several of the prisoners were convicted of Wliiteboyisin, and three were ex- ecuted; in all cases when they were acquitted on one ground, the Carickshock men were convicted on another. At the end of the assi. zes one juror was excused because his wife had dreamed that something would happen if he attended. Ministers had not established that case. What had they been doing? 'I‘licv had turned the Lord Lieutenant into a tithe "proc- ter general- They had stimulated the surest point of political grievance, they had sent horse and foot to enforce tithe, and the wonder was that the case was not worse. How many persons had been killed in the tithe enforce- iiient? Ilad the right honorable secretarv caused returns to be made of the tithe victims? No. Men had been killed in Mayo, Queen's county, Kilkeuny, Waterford and Cork. Mul. titudes had been killed. The last four verdicts given before he left Ireland Were against the police for murder. The Wallston people set the tithe aside, but they reaped their own crops, and secured them, and then sent cattle in to eat the tithe. The valuators committed a tresspass on the growing crops. (Heat)— Four men with their faces blackened, attacked and beat the valuators of Archdeacon Cotton, and fractured the skull of one of them. A po-

liceuian’s skull was tractured also. The law otlicei-s decided against Major Fitzgerald’s

sending the police on such an errand. Yet what had the government done? In spite of

the opinion of their own law officers, they had sent horse, foot, and artillery, to protect per- sons engagcd in the valuation of tithes. Could the House then, be surprised that there were insiirrectioiis and disturbances in Ireland.— (liear, hear.) Ilc would not speak of personal interests; lie scorned all attacks whilst his con- science was approving. But the wrongs ofhis country were mixed up wits the personal at- tacks upon himself. Why not pass an act to banish him for a year and a half? That would be fair and manly. (Cheers) He would con- sent to it. Let them not banish the Constitu- tion from Ireland—banish him. (Cheers) It was a paltry mode of effecting their object to do it under the pretence which they set forth. (Hear, hear.) He stood in a reformed Parlia- ment—in the midst ofthe representatives oftlie great and glorious people of England, who, disguise us they might. were about to legislate against asingic individual. (cheers) What a mighty Woik! He felt compassion for them. (Cheers) The right lion Secretary had brought under the notice of the house a wretched rhyme, in which his name was introduced, That was an arguinentwa reason, it was a so. perabundant source ofinerrimcnt. Oh,wrctch- ed inuininery ! It might delude that House, but it Would not delude the sensible people of England. But what was to result from the

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