whom the loss sustained by the party complaining must be proved, may present such a sum as they may think adequate. If the right honourable gentleman did not think this enough, the proper mode would be to bring in a bill, to amend the existing act on that subject, instead of introducing the subject into that bill.

Sir Lawrence Parsons said, that the powers which the bill created, were, in many instances so dangerous and arbitrary, that he should vote for its recommittal, hoping some qualifica tions might be adopted on further deliberation; but at the same time he confessed, he was not without fears that the recommittal might be productive of a contrary effect; for in the present temper of gentlemen's minds, the longer it would be under consideration the more repugnant perhaps it would become to his principles. Such an apprehension was justified by the clause against persons selling seditious papers, which from being a partial encroachment upon the liberty of the press, had grown under the correction of the committee into a power totally destructive of it. By that clause there was not a printer or bookseller in the kingdom that might not be seized at any time, by any two magistrates whatsoever, for selling any paper or pamphlet which they might deem seditious,* and, without any form of trial, sent aboard the fleet. It had always been maintained in England by the most constitutional judges, that it was contrary to law and liberty in the trial of any publisher of a seditious paper, to deny the jury the power of judging of the law as well as the fact, but in that country thereafter, a jury was not to judge of the law, nor even of the fact, nor to have any part in such adjudications, nor were its judges independent and immoveable but by parliament, nor was it in public court with the solemnities of a trial, but two magistrates holding their offices at will under a servant of the crown, who were to decide on both law and fact, in private, in their own chamber.

Such was the law, which their committee had framed in a midnight hour, and in a thin and exhausted house, and which they were then called upon to adopt without further deliberation. If the most arbitrary spirits through the whole kingdom had been brought together, with the most studious selection, to compose an arbitrary law against the liberty of the press, they could

Mr. Tighe had in his speech observed, that it was, perhaps, one of the nicest points to decide what was a seditious writing. Among gentlemen, even of that house, there probably would be a great difference of opinion on any given publication, whether it were seditious or not? He was not sure that some gentlemen would not think Arthur Young's book seditious. It was doubtful whether Burke's letter to sir Hercules Langrishe was not in some passages rank sedition; and even Locke, the best writer he knew on government, might probably with truth, in a country so governed as this, be called a seditious and inflammatory publication.

scarcely have devised any thing more destructive than that. Yo that was but a subordinate part of the present bill. Look at the other clauses; in every one of them the same summary power, deposited in the same persons. Now if the popular disturbances made it necessary to deposit an arbitrary power somewhere, would it not be wise to pause a little, and consider where it might be best deposited? Was it with the magistrates? Men, in order to be good judges, should be cool and impartial; but in all disturbed counties the magistrates, instead of being cool, were in a high state of inflammation against the objects of that bill, and it was natural they should be so. They were not to be reprehended for that, but certainly on that account, they were among the last persons that should be intrusted with an uncontrolable power. And so far from being impartial, it was impossible that they should be so, for they were themselves parties. What was the temper observable in that house? There, from superior manners and education, the human passions were much mitigated, and they saw far more temper and clemency in that house than could be expected from the inferior magistrates in the country. Yet, what was the fact? That even there, every thing said, however violent against the disturbers of the peace, was received with plaudits, but if any thing be said to soften over-charged resentments, and to mix mercy with punishment, it was heard with discontent and murmurs. Liberty of speech was questioned—the most unworthy motives were assigned; they were called advocates for those disturbers-and for what? Because, though they reprehended their atrocities, though willing to concur in powerful laws for their suppression, they would not with a savage ferocity consider nothing but their vices, and refuse to offer some humane considerations, to sooth, if possible, the exacerbated feelings of the time. That these disturbers must be put down, they all agreed. The difference was as to the mode. Some said, that any two magistrates, without any trial, should send any man they suspected, aboard the fleet, any man out of his house, before sunrise, &c. They said, add a jury to the magistrates-and let it be by trial in open court. The stronger the law was made against them, the more desperate their situation. In the county of Armagh, an amnesty for both parties seemed peculiarly necessary; for either under the denomination of Peep of Day Boys, or of Defenders, almost every man of the lower orders of every sect was implicated in offences against law. An honourable magistrate of that county had described the conduct of one party as at one time eminently useful; were they therefore to be banished? The governor of the county had described the other party as suffering most cruel persecutions without having committed any crimes; were they to be banished? In short, if there be there,

as is generally represented, a religious feud countenanced or connived at by the upper orders, some favouring one sect, some the other, it would be the greatest cruelty on the lower orders, without any amnesty to inflict that law them. upon

The two great amendments he proposed, were the addition of a jury and amnesty, under certain restrictions. A principal advantage from adding a jury would be, not only that it would better insure justice being done, but would also satisfy the people that it was done. When a man was condemned by his peers, the people might lament, but they never murmured. They all went away satisfied that he had had a fair trial. They went away satisfied with that, and those laws which secured to them so impartial a · tribunal, and such an open and deliberate adjudication. They went away satisfied that they lived in a free country, and they felt an elevated gratitude for that order of things, where the wealthiest noble and the poorest peasant were alike amenable to the same laws, and received equal attention and justice, when accused of any breach of them.* But pass this law, and the triumph of the poor man was at an end. He would then see that those institutions which were represented as so sacred, that they could never be violated, might be thus deposed, and without any process, without any form of trial, without any regular judge or jury, he might, on the warrant of two magistrates, be torn from the bosom of his family, and sent on board the fleet-for what? not for being a Defender, or any way connected with Defenders, but for being a little too late or a little too early, in going in or coming out of his hovel. Gentlemen talked of the mischief of inflaming the people, but he would tell them, that one such act unjustly done would inflame them more than what could be said in that house for ages. It was not what they might say, but what they were going to empower others to do, that would inflame them.

Was it wise then to risk the abuse of such powers at such a time? They knew not what turn that extraordinary war might take, or whither its operations might tend before or after its conclusion. The prospect of peace seemed as distant as it did the first day. France, whatever she might be suffering in external and distant parts, was still gaining strength at home. Brabant had been added to her-Holland has been added to her-Spain was at her feet-Her armies were over-running Italy-Her finances were deranged, but her pecuniary resources were not annihilated; in men and arms she was inexhaustible. What should this teach the gentlemen of Ireland-but to conciliate, as well as to

• It has been before observed, that sir John Davies, and sir Edward Coke both allowed this prominent disposition in the Irish character to be satisfied with impartial justice, even should it be against themselves. 1 vol. p. 22.

chastise to reclaim by amnesty those who were reclaimable, and to punish by just and open law those who were not. It was thus, they would produce content and solidity at home, while other kingdoms were shaken to their foundations. Let the war then move in what direction it might, they should shew them that their people might be contented and attached, and that they need not fear its issue.

Mr. Pelham spoke against the recommittal of the bill, as did several leading gentlemen on the treasury bench, such as sir John Parnell, Mr. Mason, sir Henry Cavendish, Mr. M. Beresford, and others of inferior note. Not one of them attempted to contradict or even attenuate the guilt of the Peep of Day Boys or Orange Men of Armagh. This debate in fact is the chief historical source of information for the true nature of the Armagh persecution. Suppression of the truth on one hand, the fear of publishing it on the other, confusion, exaggeration, and violence on all sides have left little else upon the subject, that can be credited. Mr. George Ponsonby, in speaking upon the nature of those disturbances in reply to the gentlemen of the ministerial side of the house, whose sole argument was, that it was unnecessary to take any particular notice of the county of Armagh, because the existing laws were sufficient to punish the crimes, by which that country was disgraced, answered, that the enormities, which had been declared by the governor of that county (lord viscount Gosford) to have been committed, and which the governor himself emphatically said, went beyond any enormities, which ever disgraced any country, were such as the existing laws were not calculated fully to reach; they were of that kind, that a fair and impartial government should be glad to catch at every opportunity to punish or prevent them. If administration were sincere in a wish to protect the unfortunate sufferer in that county, as they were to punish the offenders in other parts, they could not hesitate for a moment to adopt the amendment. There was as yet no good reason for resorting to the dangerous and desperate remedy of that bill. There then were only five counties disturbed, and even in those counties the disturbances had much abated within the last months.*

16 Par. Deb. p. 166. Mr. Ponsonby, alluding to himself, concluded his speech by disclaiming any party motive in his present conduct; he did not oppose the bill, but those two clauses of it which he thought no friend to the liberty or constitution of Ireland could support, and which for himself he would never agree to. Had he been influenced by party views, and wished to serve the cause of administration, he would have espoused the cause of the insurgents, for they were their best friends.

Here Mr. Ponsonby reprobated the conduct of the disorderly part of the people, who, while a constitutional opposition were obtaining for them a place bill, a pension bill a responsibility bill, and other useful measures, had provided for them

Sir John Parnel complimented Mr. Ponsonby on the manly and open manner in which he had spoken those sentiments, which every man must feel on the conduct of the insurgents. After a very warm debate the question was negatived without a division. No other question of an interesting nature was debated in this session. On the 24th of March the money bills were presented,* and on the 15th of April the parliament was prorogued. His excellency's speech from the throne, besides the usual topics on such occasions, adverted to the steps taken by his majesty for setting on foot a negociation for a general peace if the enemy should be disposed to enter into such a negociation on grounds consistent with the safety, honour, and interest of his majesty's kingdoms and of his allies. He confided that the vigorous measures they had adopted for the suppression of insurrection and outrage, and the wise provisions they had made for preventing the extension of similar offences, would have the most salutary effects; that the new regulation of licences under the superintendance of magistrates, would tend to promote tranquillity and sobriety. The establishment of more frequent ses sions of the peace would afford an easy and expeditious admini

selves a gunpowder bill, which deprived the freeman of his arms; a convention bill, which stopped the voice of the people, and brought liberty to almost its last gasp; and now had enabled them to bring forward this measure, which, were it permanent, would be the grave of the constitution.

• The following was the speaker's speech at the bar of the House of Lords. (16 Par. Deb. p. 211). "I should feel a pride in repeating the sentiments of loyalty, which direct the commons in all their deliberations, but the bills of "supply which they now offer, declare it more effectually, than it is in the "power of any language to express.

"We are part of the empire; we will stand or fall with Britain; it is our "repeated determined resolution, and this nation will exert all its powers, and "will call forth all its resources to support with her the common cause, to "uphold the safety of the land, the religion and the constitution, against the "overthrow which the present unprovoked and unexampled war attempts to threaten them with.

"Peace is an object most devoutly to be wished, but an insecure peace is "only a smothered war; for a lasting and honourable one (and none can be "lasting that is not honourable) we look to the powerful impressions which "the abundant resources of the empire, the vigour of his majesty's exertions, " and the cordial co-operation of all his subjects, must make on the common

enemy.

"We have accordingly, with a unanimous voice, granted supplies to the "utmost desire expressed by his majesty's ministers, and in doing so we look "back with great satisfaction to the energy, wisdom, and economy, with "which the very liberal supplies of the last session have been administered "under your excellency's government. The defence of the kingdom has had "due attention paid to it. The spirit of insurrection has been vigorously sup. "pressed wherever it has appeared, and we have the strongest hope from the "vigilance, the firmness and conciliating moderation, which have marked "your excellency's conduct since your arrival in this kingdom, that under the "additional powers, with which the laws of this session will have armed the "magistracy, it will be totally and speedily subdued."