Abbildungen der Seite
PDF
EPUB

And whereas it has appeared to us, that the daring and rebellious outrages aforefaid were committed in profecution of a rebellious confpiracy against his Majefty's Government, and that divers other enormities were at the fame time committed in Thomas ftreet aforefaid, and in the neighbourhood thereof, in profecution of the fame treafonable purpose, and that divers of the perfons engaged therein did come to Dublin with intent to commit fuch outrages and enormities, in order to induce and perfuade his Majefty's peaceable and loyal fubjects in the city of Dublin and its neighbourhood, by the terror thereof, and by apprehenfions for their own perfonal fafety, to join in the treafonable confpiracy aforetaid.

Now we, the Lord Lieutenant and Council do hereby trialy enjoin and command all his Majefty's fubjects in their feveral stations, and according to their feveral duties, to ufe their utmoft endeavours to fupprefs all fuch rebellious infurrections and treafonable practices, and to apprehend and bring the perfons engaged therein to the punishment due to their crimes; and more efpecially we do ftri&ly enjoin and command the Lord Mayor of the city of Dublin, and all the Juftices of the Peace of the faid city of Dublin, and of the county of Dublin, and all Sheriffs and other Magiftrates and Officers within their feveral jurifdictions, and all other his Majesty's loving fubjects, to do all acts in their power to fuch purposes.

And, we do hereby further require and command all Officers commanding his Majefty's forces, to employ the troops under their command in the moft fpeedy and effectual manner, for the fuppreffion of all rebellious infurrections and treafonable practices, wherever the fame, may appear, and particularly to difarm all rebels, and recover all arms forcibly and traitorously taken from his Majesty's peaceable and loyal fubjects, and take and feize all arms and ammu. ition, which may be found in the cuftody of any perfon or perfons, not duly authorifed by law to have and keep the fame. Given at the Council Chamber, in Dublin, the

24th day of July, 1803.

Signed, Redefdale C. Chas. Dublin, W. Tuam, Drogheda, Ely, Arran, Annefley, Tyrawley, Her. Langrishe, Dennis Browne, Henry King, S. Hamilton, St. G. Dalay, D. La Touche, James Fitzgerald, M. Fitzgerald, H. E. Fox, M. Smith, Standifh O'Grady.

GOD SAVE THE KING,

The Chancellor of the Exchequer faid, Sir, the House will have obferved, in the proclamation just read, that it states, that the outrage committed in Dublin was, in the opinion of the perfons by whom the proclamation was iffued, the refult of a dangerous and traitorous conspiracy against his Majelly's Government and the conftitution of the country. I am fully aware that I thould not be juftified, nor could any confideration induce me to propofe fuch measures as those which I feel it my duty, indifpenfible duty, to fubmit, if the outrages which have excited the horror and indignation of every wellconditioned mind, were the refult of any other projects than thole against the public fafety: for however we might regret the circumstances alluded to in the proclamation, they furnish of themselves no ground for narrowing the conftitution within the limits of the exifting Government of the country; and although the proclamation avows a dangerous confpiracy, it does not fpecify thofe details which it is neceffary. fhould be furnished before thofe measures are adopted which I shall feel it my duty to recommend. But there are occafions when it is neceffary that those who are entrusted with the conduct of Government are bound to state, if they cannot in detail, at least on their folemn declaration, fubject to an heavy refponfibility, that the measure which touches the conftitution of the land is called for by the circumstances of the country, and a due regard for the public fafety. I thould contend that the proclamation itfelf contains grounds which would warrant the meafure, but it is neceffary I fhould ftate, that the proclamation does not contain all the information in poffellion of his Majefty's Government; information which, at the prefent moment, it would be highly improper to declare. It states a dangerous confpiracy at a time when it is the avowed defigu of the enemy to invade the country, and when Parliament is about to feparate. It was faid by an hon. Gentleman, who has, on former occafions as well as on the prefent, furnished proofs of vehement difcuffion terminating in unanimous approbation, that attempts at reform by the bayonet, ought to be met by the bayonet. For my own part, I wish to employ other means; if, in aid of the bayonet, I can employ the law, I am perfuaded it will be as congenial to the feelings as it is conformable to the practice of the Houfe. I have never under rated the efficacy of the laws, but, on the contrary, I have always deplored the neceflity of reforting to those mea fures which have been reforted to in cafes of emergency. Whenever a power, unknown to the legitimate conftitution, VOL. IV. 1802-3.

4 Y

to

[ocr errors]

to feize perfons confpiring against the State, has been given to his Majefty's Government, I have uniformly thought it a meafure, the policy of which could only be justified by extreme neceffity, and that in degree and duration it ought to be commenfurate with fuch neceffity. With refpect to fuch particular meafure I mean firft to propofe, and I affure the Houfe I do it with reluctance, it is for the purpose, according to the title of the bill, of fuppreffing rebellion, and protecting the perfons and property of his Majefty's faithful fubjects in Ireland. The means by which this purpofe is to be effected are, that wherever perfons (hall be found in actual rebellion, power fhall be given to the Lord Lieutenant to direct that courts martial (hall be called for their immediate trial. Let it be recollected, that if the threat of our infolent and implacable enemy fhould be carried into execution, there would exift in his Majefty, by virtue of his royal prerogative, a power to proclaim martial law throughout his dominions. But what is martial law? It is not that which I with the Lord Lieutenant fhould be authorised to put in force, but it is that fyftem which fufpends the ordinary courfe of justice, and fubftitutes martial law for the law of the land. Now, Sir, what I with is, to give a power to the Lord Lieutenant that shall not diftu b the ordinary administration of justice, but by which, for the purpose of fuppreffing rebellion, those who are taken in arms against the Government thall be liable to be tried by a military court. Let it be recollected, I repeat, that this is thort of the power which might be granted, if his Majesty thought proper to exercife his prerogative, and that I recommend the measure under a molt perfect convic tion of its neceffity. Sir, I fhould content myfelf with this, were it not for a confideration neceffary to be explained, in crder that it may not appear that I am propofing measures of unneceffary rigour, for fuch they would be if they were beyond the public exigency. If the Houfe fhould adopt the motion for the bill I have stated, I thall follow it up with a motion for the fufpenfion of the habeas corpus act. I may be asked, what is my reafon for having recourfe to fuch fecond measures? I anfwer, that under this bill for the fuppreffion of rebellion, a power would be given to the Lord Lieutenant to try all perfons taken in rebellion by courts martial. Now, Sir, I do not wish to confign to trial by courts martial all whom the Government may think it neceffary to detain. I with not to lofe the benefit of civil procefs. If a bill for the fufpenfion of the habeas corpus act

was

was not to pafs, Government would be obliged to take up every one found in rebellion, and adopt the course laid down in the bill for fupprefling infurrection. This bill, therefore, is meant to qualify the rigour of the other bill, by providing that perfons may be committed by civil procefs, without any court martial. I mean to reft this bill on the grounds

I have mentioned.

Having stated the grounds of both these measures, I must advert to the hands in which fuch extraordinary powers will be placed. Sir, during the last two years, I have the fatisfaction, arising from public and perfonal confideration, of ftating, that not a breath has been uttered, or a word spoken, which has called in question the moderation, wildom, and firmness of the Government of Ireland. Under circumftances of the utmost difficulty, the conduct of Lord Hardwicke has been marked with no lefs moderation than prudence. Immediately after the figning of the peace, when the bill for martial law was in force, and when he was encouraged by the timid, and urged by many enlightened men, to have recourse to it, you know that Lord Hardwicke laid it aside, and refused to exercife the powers and authorities the bill gave him. Immediately upon figning the treaty of Amiens, Lord Hardwicke thought the danger the bill pro vided against did not exist, and he determined to give to te people the benefit of the established forms of the country. Sir, fince that period, a great character has prefided over the law department, who once adorned the chair of the Houfe. Of that nobleman, I will not fay a word of eulogy. There is upon the fubject of his great qualities but one opinion in this country. I fay then, that Lord Hardwicke, in addition to his own opinion, dictated by his good fenfe, has had the advice of that great perfon with regard to the conduct he thought it wife to adopt. We have therefore a freth pledge of the difpofition of the Irish Government to adhere to the genuine principles of the Irifh conftitution. In fuch hands as thefe, great powers may be placed without any fufpicion of their being abufed. I have heard stated, what appears to me strong doctrines with refpect to the proceedings. I can only fay, that fuch doctrines are perfectly new to me, though much of my time has been paffed in attending to the forms of the Houfe. The doctrines applied to a proceeding merely formal. I was surprised, therefore, when I heard a decla ration from fuch quarter, that it was the practice on extraordinary occafions to defer returning an answer to a

4 Y 2

Mellage

Meffage from his Majefty on the fame day. I admit the ol fervation might apply with fome degree of force to the proceeding now before the Houfe. To a mere formal proceeding, tuch a doctrine would apply, but it never has been admitted that, on great and important occafions, it was neceffary to interpofe delay, merely with reference to proceedi, gs of form. The obfervation of the hon. Gentleman is inapplicable, because it is premature; unless this was a case of the utmoft neceflity. I feel that I fhould not be warranted in calling upon the House to difpenfe with the ordinary forms; but when that hon. Gentleman was a Member of his Majesty's Government, he will recollect, for his memory cannot have failed, that the bill for the fufpenfion of the habeas corpus act paffed this Houfe in the course of one day, and confequently it is to a fimilar fpecies of dispatch that his obfervations founded on precipitation apply. If the measures I have proposed are fit to be adopted, they ought to be adopted immediately or not at all. I fpeak not my own fentiments, but of those great men, on the fober exercise of whofe judgment the Houfe may rely. You know that they have uniformly difcouraged every propofition of this nature. Within thefe few days they have yielded, and in their conviction of the abfolute neceffity of the measure, every Member of his Majesty's Government participates. I should therefore hope, that, without fettering, in any degree, the difcuffions of the Houfe, without implying a with that it fhould be understood the conduct of his Majefty's Government is fcreened by any proceedings of the Houfe; I only afk of the House not to expofe the public intereft to any danger from any want of confidence. It is upon this part of the question the conduct of the hon. Gentleman (Mr. Windham) forms a contraft with that of fome other Members, and particularly of the hon. Gentleman oppofite me (Mr. Sheridan). It has been the prominent feature of that Gentleman's conduct, that in times of public danger he has laid afide all party feeling, and has facrificed all perfonal oppofition at the thrine of public duty. At the period of the mutiny (I am forry to let the word go out of my mouth) at the time of a threatened invafion, at the dread of a famine, upon the queftion of the Northern convention, and upon every other occafion where his talents could be of fervice to his country, he has never failed to come forward. What was the language he held? It was this-"The veffel is in danger, the crew must go to the pump, let us fave the thip and

« ZurückWeiter »