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eumstances, it would seem particularly requisite that the laws of both countries should be consistent, relative to this subject. So far, however, from being consistent, they are decidedly at variance.

By the test act of England, "Every one who shall be admitted into any office civil or military, or shall receive any pay, salary, fee or wages, by reason of any office or place of trust, or by reason of any patent or grant from His Majesty, shall publicly take the oaths of supremacy, abjuration, &c., and take and subscribe the Declaration against transubstantiation, the mass, &c., and also receive the sacrament publicly, according to the usage of the church of England, within six months after his admission, under the penalty of 5001. and disability to hold the office."

A similar law existed also in Ireland till the year 1793, at which time it was repealed+ as to all military offices, except of those, master or lieutenant-general of the ordnance, commander in chief of the forces, and generals on the staff. In England, however, the statute above quoted remains "in full force, stern and unmitigated." Hence arises a palpable incongruity in the military system of this empire, and an effectual repulsion against catholics both in the army and navy. The plausible shew of relief held out by the Irish statute proves a mere phantom; an insidious abuse of catholic credulity; a lure, merely calculated to decoy catholics into the public service, from all the honours and rewards of which they are completely excluded. Nay, not only are they debarred from preferment, but by the operation of the English statute, a catholic ensign, who has received his commission in Ireland, vacates it ipso facto the instant he is sent out of his own country. It is not enough to say that in reality he retains it, for such retention being expressly against Jaw, he has no assurance that the favour by which alone he holds it will long continue. Prudent men, perceiving this, will never be willing to commit their sons to the profession

* Engl. stat. 25. ch. 2. č. 2.

+ 83 Geo. I. ch. 2. sec. 9.

The total number of offices of power and emolument from which they are completely excluded in the army and navy, does not amount to fewer than 20,000.

of arms, for which they may be admirably suited both by talents and personal prowess. As for catholics of rank and property entering either the army or navy, so long as the disabilities exist, the idea is altogether hopeless. An elevated and noble mind can never brook restrictions by which those in a similar station to himself are not equally affected. How galling the thought, how calculated to promote disaffection and indifference to the service, that no merit nor exertion of yours can afford you the smallest hope of rising beyond a certain rank; while the highest commands are open to all those, however mean their talents or original station, who are willing to conform to the creed of the established church! To what but this intolerant system is it owing, that Irish catholic officers are to be found in the service of foreign states, and even fighting against the armies of England? Away, then, with this miserable offspring of bigotry and persecution, and lay open to all equally the paths of honour and glory.

The consequences of this system of exclusion from offices in the army and navy are hurtful in the extreme. It renders naval and military officers of the Protestant persuasion per sonally hostile to catholics in general, and of course destroys that mutual regard which should subsist between brother officers, and between officers and the men under their command. Instances are not unfrequent in which even generals have evinced a spirit of scorn or contempt towards catholics, especially on foreign service. In all lucrative appointments within their disposal, either in, or connected with the army or navy; they invariably reject persons of that religion. The commissaries, agents, contractors, prize-masters, pursers, clerks, treasurers, medical assistants, purveyors, store-keepers, barrack masters, garrison officers, &c. are almost without exception protestants. In fine, the operation of this system extends to every situation above that of a common soldier. Hence it happens, that the catholics, having no relative connexion or near friend of note, either in the army or navy, in general display a total indifference about the events of war. The public feeling of all ranks and classes, the poor as well as the rich, are wholly absorbed in the sad contemplation of the evils peculiar to their own condition, and in projecting the means of redress. Nei

ther triumphs nor defeats excite in their minds any lively interest, or awaken any earnest attention. They scarcely consider themselves as a party to any war or to any peace; neither elated by victory nor mourning for disaster.

But exclusion from the offices of the army and navy, grievous as it is, is yet less tyrannical and intolerant than was the practice of compelling soldiers and sailors, whether officers or privates, to attend protestant places of worship, and obstructing them in the exercise of their own religion. Yet that the law, at least till lately, authorized such compulsion and obstruction is unquestionable. "The mutiny act of last year declares, "That it shall and may be lawful to and for His Majesty to form, make and establish articles of war for the better government of His Majesty's forces, which articles. shall be judicially taken notice of by all judges and in all courts whatsoever."

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The articles, so framed in pursuance of this act, and by its authority, direct inter alia, "That all officers and soldiers not having just impediment shall diligently frequent divine service and sermon, in the places appointed for the assemblage of the regiment, troop, or company to which they belong."

"And that such as wilfully absent themselves, or being present behave indecently or irreverently, shall, if commissioned officers, be brought before a court-martial, and there be publicly and severely reprimanded by the president; if non-commissioned officers or soldiers, every person so of fending shall, for his first offence, forfeit twelve pence, to be deducted out of his nett pay for the second offence he shall not only forfeit twelve pence, but be laid in irons for twelve hours, and for every like offence shall suffer and pay in like manner."

By this regulation it is evident that catholics, as well as protestants, are bound to attend such places of worship as may be appointed for any regiment by the commanding officer. Now, it is a fact that protestant places of worship alone are appointed: indeed, no officer has authority to appoint any other. Hence it follows that catholics are liable to punish

* Stat. 31 Geo, 3. ch. 8. sec. 1.

ment and fine, if they absent themselves from the protestant church. Nay, their so absenting themselves may be construed into a disobedience of orders, and they may be punished even capitally for refusing to comply with a regula tion which prevents them from following one of the six principal commandments of their religion, by which they are directed "To assist, devoutly and regularly, at the celebration of mass, upon every sunday and holiday throughout the year." Surely such conduct towards the defenders of our country, as this statute authorizes, deserves the severest reprobation. It is inconsistent both with the spirit and letter of the toleration act, which allows to most dissenters the free exercise of their religion. How ungenerous that Britons should proudly boast of their achievements in the Peninsula, and yet brutally tyrannize over thousands of those very men by whose heroic valour their victories have been gained! One of the noblest ornaments the chapel of Whitehall can boast, (the eagle taken at Barossa) was the trophy of an Irish catholic regiment,* whose exertions equally contributed to the victory of Maida.

Having said thus much on the subject of the obstructions to which catholic soldiers and sailors are liable in the exercise of their religion, it is but justice to the Commander in Chief to observe, that the practice of compelling catholic soldiers to attend the protestant church has been strictly prohibited by a late circular letter to the different officers commanding corps or regiments in the British service. It is to be hoped that this is the first step towards the adoption of a more liberal system, both in the army and navy, though in the latter nothing but downright protestantism is yet permitted. Military orders, however, upon this subject are not sufficient. The legislature alone can ensure the catholic soldier or sailor the liberty of following the religion which he approves. A violation of orders may easily be connived at, and must be endured; for these not being cognizable in civil courts, and no legal redress being provided by statutary enactments, the injured and insulted catholic can only appeal to a military court, with extreme hazard to himself, and little

* 87th, or Irish, Fusileers.

hope of remedy, even should he establish his case, so long as the anti-catholic code continues the disgrace of our statutes. . But not only ought catholic soldiers to possess the free exercise of their religion, they should likewise have it in their power in every situation to avail themselves of this right. Now it is well-known, that though catholic places of worship, and catholic clergymen are sufficiently numerous in Ireland, the case is somewhat different in England. In many parts of the latter country, as well as in fo reign settlements, catholic clergymen cannot be found to officiate; so that the right of attending divine service ac, cording to their own forms, is of little advantage to an Irish catholic regiment, when sent beyond the limits of Ireland. Some method of supplying such regiments with catholic chaplains, therefore, becomes requisite. Even those catholics. who may have entered a regiment chiefly composed of protestants should have every possible facility of publie worship afforded them. Till this takes place, the public service in this department of the state, and in the navy, must suffer very material obstruction: catholics will never willingly enter either so long as they are in the smallest degree restricted in the exercise of their religion, and liable to punishment for what is, properly speaking, no part of military or naval duty.

Laws affecting Catholics relative to Parochial Affairs.

In order that the reader may properly understand the extent of the grievances of catholics on this subject, it will be necessary to state a few particulars relative to the peculiar state and distribution of landed property in Ireland.

Lands in Ireland are almost universally held by tenants, under leases for certain terms of lives or years, at a considerable annual rent. Such tenants alone, if actual occupiers of the lands, are chargeable with all tithes, parish rates, county cesses, public taxes, and other outgoings, no part of them in any case falling upon the proprietor or landlord, or upon any of the persons deriving immediate interests between the proprietor and actual occupier. Now, not above a

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