Ayes, for poftponing, 13. Tellers Mr. Barry Barry and colonel Browne. Noes 30. Tellers Mr. Henry and Mr. Robert Clements.

The house was then called over. Mr. Chapman moved that the proper officer do lay before the house, an account of the effective men, (commiffion, and non-commiffion officers included,) who remained in this kingdom on the 31ft of December 1773, and alfo on the 31st of March 1774.

He faid the cause of making this motion was, that it was reported that part of the army on this eftablishment were to be fent againft our American fellowfubjects: and, that as the augmentation was agreed to, on the folemn affurance that twelve thousand effective men should always remain in this kingdom; when the account was brought in, he thould then make fome motions proper on that fubject.

This motion was carried without any oppofition: and then Colonel Blaquiere faid, he was glad to have the opportunity of acquainting the houfe, that by his majefty's new regulations, inftead of having twenty two regiments in Ireland and frue regiments in America, on this eftabwe fhould have, in future, twenty four regiments in Ireland, and only three in America, fo that the gentleman's fear was quite without foundation.

Saturday, April 23.] The feven above mentioned bills, were feverally committed, reported, and orderedto be engroffed.

The order for calling over the defaulters was adjourned till Thursday fe'night, on the motion of Mr. Brownlow.

Ordered, on a motion of Mr. Chap

man,

That the proper officer do lay before the house a lift of all the employments appointed in confequence of the StampAct, with the names of the perfons em ployed and their feveral falaries.

Ordered, that leave be given to bring in heads of a bill to prevent the importation of wine in cafks, of fmaller dimensions than of thirty one gallons, and that Mr. Berresford and Mr. Agar doprepare the fame.

This was occafioned by Mr. Berresford declaring that to defraud the revenue, perfons had imported wine in fmall cafks, Some of only five gallons, to prevent which he made the above motion.

Monday, April 25.] The feven engroffed bills were read a third time, paffed, and fent up to the lords.

Mr. Berresford presented the heads of a bill to prevent the importation of wine in fmall cafks, which were read and committed.

The revenue bill, returned from England, was read a first time.

Tuesday, April 26.] The proper officer prefented to the house a lift of the employments, names of perfons employed, and their respective falaries, in confeqnence of the ftamp act, which was read, and ordered to lie upon the table.

Mr. Langrifhe moved for a return of all the wheat fold in the maket-houfe of Dublin, with the quantities of each fort, and the medium price for the week, ending April 16, 1774.

A return of the wheat, &c. for the week, ending next Saturday, April 30, 1774.

Alfo, that the lord mayor be defired to procure an account of all the flour fold in the market-house, and by differ ent factors, during the week, ending April 30, 1774; with the medium price.

The revenue bill was read a fecond' time, and committed.

The bill to amend the act of 29 George II, entitled, an act for the further encouragement of tillage, being returned from England, was read a first time.

As this bill gives a bounty to the exportation of corn and flour, Mr. Langrifhe faid it was one of the most effential to the agriculture of this kingdom that could poffibly be defired: that it had been attempted for a great number of years without any fuccefs, and as it was now happily returned, he thought it ought not to pafs without paying the proper tribute of acknowledgment to the prefent administration, to whose good offices the nation was indebted for this great favour.

Sir Lucius O'Brien agreed that the utmost thanks were due to adminiftration, whose interest must have been greatly exerted to obtain fo great a national benefit, as muft undoubtedly accrue from this bill, fince it was ever powerfully oppofed by the landed intereft of GreatBritain.

The bill for paving, lighting and cleanfing the streets, &c. of Dublin, being returned from England, was read a first time.

A new writ was ordered for a member for the borough of Donegal, in the room of Lord Sudley, now Earl of Arran,

Wednesday, April 27.] The bill to re- ' gulate the office of county treafurers; and the bill to amend the laws for light

ing and cleanfing feveral cities, and eftablifhing market juries (returned from England) were read a first time.

The Dublin paving bill, was read a fecond time, and ordered to be committed.

Edward Corry, Efq; took the oaths and his feat for the borough of Newry.

The house went into a committee on revenue bill, Mr. Sollicitor General in the chair, which met with two oppofitions. One from Sir William Ofborne, who was fearful that the importation of Juniper berries free from duty, would fo leffen the importation of fpirits as to hurt the revenue; but being anfwered by Col. Blaquiere, Sir Lucius O'Brien, and Mr. Berresford, he did not infift on any question being put.

The other oppofition was made by Captain Willon, in regard to the claufe impowering the court of Exchequer to iffue writs of affiftance: He faid that he rofe with reluctance to oppose any meafure that had ever appeared to be the fenfe of a majority of the houfe; but that he hoped to ftand excufed for any objection to the bill, as his oppofition to it did not arife from any defire to trefpafs unneceffarily on the time of the house, or to retard the progrefs of bufinefs by any nugatory embarraffment; but from the strongest conviction that the claufe which gave fuch inordinate power to revenue officers, did effectually contaminate the general tenor of the bill; that he had given fome oppofition to the bill in its firft paffing through the houfe; but would not be furprized at the inefficacy of it, when the remonftrances of the most zealous friends of this kingdom, could not prevail on the fervants of government to relax a particle of their determined feverity, or change a tittle of their impolitic innovations;-that when the bill first appeared in the house, two gentlemen, both eminent for their abilities and affiduity to the interefts of this kingdom, did not only derange and difconcert the plan, but did like wife expofe the falfe principles, on which it was faid by government, that this bill was grounded, on the English writ of affiftance; and that he had then expreffed his concurrence with their opinion, and endeavoured to fhew the abfurdity, the ridicu lous impolicy of putting it in the power of the lowest revenue officer, either from mercenary views, or infolent pique, to call the first men in the kingdom, or the higheft officers of the crown from the most important duty in which they might be engaged; that he was now convinced

that fcarcely any gentleman would keep the commiffion of the peace, but rather than fuccumb under fuch indignity, would refign it to fome, or any perfon who could be got to take the drudgery off their hands; and that the most likely perfon to do fo, he was convinced would be fomething of a happy compound of the half of a half gentleman, and a pettyfogging attorney; who was certainly, he faid, a worthy perfonage to be invefled with the honour of a magiftracy. He then quoted the original foundation of confervators of the peace, the statutes of Edward the fecond, Richard the fecond, Henry the fifth, and the opinion of Mr. Blackstone, to fhew the impropriety of mean and unworthy perfons obtaining the commiffion of the peace, who were indifputably the greatest causes of discon→ tent and litigation among the lower people: and fubmitting it to the confidera-. tion of gentlemen, whether or not it was probable that fuch perfons would be likely to command refpect enough to retrain the violence of foldiers, whom the moft experienced and respectable magiftrates could not always prevent from committing the most unwarrantable acts of outrage; as from an acquired feverity of difpofition (which he hoped they would ever preferve) and from being totally unconnected with the peafantry, they were divested of the common feelings of tenderness towards them; and that, by a fort of enthusiasm, and anxiety for action, they were carried to believe themfelves in an enemy's country; at least, that he could not afcribe their impetuofity, on many occafions to any other caufe, as he had a high refpect for the military; but that from accidents he had been a witness to, when, from a deficiency, not in the civil power, but in the execution of it, had been obliged to call on the affiftance of the military; and from the indelicacy with which he had seen the wives and daughters of countrymen treated, who, although poor, might nevertheless be virtuous, he would be induced to give a negative to the claufe, exclufive of the unconftitutional tendency of it; and that although an hereditary, or adventitious elevation of rank, might preclude fome from a probability of not experiencing the rigour of the law; gentle men fhould confider that the lower clafs of mankind cannot be divetted of the feelings incident to human nature.--He then fhewed, that as certainly as there should be a proportion between crimes and punifhments, fo certainly fhould there be a due diflinction obferved in the method of bring

ing culprits to juftice: And fhewed by ftriking examples, that the mode of putting the laws into execution, might often conftitute a material part, fometimes the greatest of the punishment; and appealed to the humanity of the house, whether or not it was confiftent with the moderation of a prudent administration, to treat the proprietor of a five gallon whifkey ftill, with all the accumulated horrors of military violence and hoftility, due to the most notorious violator of every law, either human or divine. And whether or not the poor wretch, who from delufion, and ignorance, and poffibly the oppreffion of a merciless landlord, had laid out the produce of many years hard labour in the narrow limits of a Ave gallon ftill, and who, though guilty of a breach of the law, was fincerely attached to his fovereign; did not fuffer enough by lofing what was the support of his family, without having his diftrefs ftill aggravated, by feeing his habitation befieged, and himself and family treated with all the opprobrious infolence of office, due only (if ever) to the most enormous crimes. He faid, that human nature must recoil against such indifcriminate aufterity of power; and the legiflators fhould remember the incontrovertible affertion of Mr. Eden, who fays, "that the ftamp of ignominy is intrufted to their difpofal; that shame lofes its effect, when it is inflicted without just and cautious distinction; or when, by the wantonnefs of oppreffion it is rendered famailiar to the eye; that under extravagant exertions of power, the fenfibility of the people degenerates into defpondency, bafenels and ftupidity; the refult of which, he faid, muft neceffarily be difaffection; and, that he was not fcrupulous to fay before the higheft officers of the crown, that would be more prudent in his majefty, and more conducive to his real intereft, to lofe a few pounds of his revenue, than to alienate the hearts of his fubjects by unneceffary feverity, which would infallibly be the confequence of this bill, in the prefent form. He faid, there was another part of the claufe to which he had much exception, and that he was refolved not to obferve a complaifant filence, on fo important an occafion; that he conceived there might be a very dangerous mifapplication of that part of the claufe, which faid," that all perfons aiding and affifting unto revenue officers, in the due execution of their office, fhall by virtue of this act be faved harmless, and defended, and plead the general iffue." His reafon was, because he did not think

the meaning and interpretation of the words due execution were fufficiently authenticated and explained by the house, but vefted too much in the discretion of an individual, who must be too intimate ly connected with government, to poflefs fo dangerous a power; and that in cafe of any lives being loft, either by the ig norance or inhumanity of magiflrates, or revenue officers (to exemplify the poffr bility of which, he supposed, and itated a very probable cafe with great ingenuity and leverity) that they were convicted of a most barbarous murder; yet they would plead the general iffue; and have to pronounce their fentence, and decide what was the due execution of their .office; a man who must know that he will lofe his employment, if he does not fupport the fanguinary measures of government; and that gentlemen should recollect how easy a matter it was for the ministry, through the medium of any subordinate revenue officer, who only chufe to fay that it is the due execution of his office, to have the house of the first man in the kingdom ranfacked for any papers that it might be fuppofed to contain, which favoured too much of truth for their depraved palates; and that we did not want recent inftances in a fifier country, to fhew how far they would go to profecute any perfon who was obnoxious to them; and that this clause was in effect an inhuman refinement on the dispotism of all general warrants heretofore granted; that for his part, he was determined rather to commit a breach of law than a breach of confcience, and that if ever a fubordinate revenue officer called on him, without having first fatisfied him of the propriety of his plan, he would refuse him; and that if he prefumed to be in the most trifling degree impertinent, he would put the law in force against him, as it flood for those who dare prefume to infult magiftracy; by which means he would have an opportunity of feeing how far the barons of the exchequer dared to go with their unlimited power; and although the coffers of the exchequer would not be much enriched by his property, yet, inconfiderable as it might be, it was bis all, and the power that enabled them to deprive him of it, authorised them to rob the moft opulent in the kingdom. He said that he was furnished (as many gentlemen in the houfe could vouch) with fome very recent inftances of the dangerous tendency of fubftituting the military for the civil power, and of the infolence of fubordinate revenue officers; but that he would not trefpafs on the time of the

boufe

houfe any longer, than to affure them, that, in any thought or expreffion relative to the trial of perfons by virtue of this act, he did not allude, in any degree, to any person that was at prefent, or ever had been in the capacity of judge ia this kingdom, as he believed them all incapable of any violation of integrity; but, what he meant, was, that if cruel and fanguinary laws were enacted, the feats of juftice muft be filled by men who would carry them into execution. He then concluded by entreating gentlemen to avail themselves of this melansholy occafion to plead for their conftituents, who would foon have an opportunity of acknowledging their fervices. Mr. French then rofe, and faid, that the fentiments and obfervations of the honourable gentleman perfectly coincided with his own, and that he hoped they would have weight enough to effect a repeal of that most dangerous claufe, and, confequently, of the whole bill; as it was better to want this revenue bill, as the old one was in force, than to rifque the safety of the fubject. That, for his part, he had a strong fufpicion that the miniftry were determined, with all poffible expedition, to introduce a military government, which, while he lived, he would vigorously oppose.

The bill was carried without a divifion, and ordered to be engroffed.

The heads of a bill to prevent the importation of wine in fmall cafks, went through a committee, were reported, and fent to the Lord Lieutenant, by Mr. Berresford,

From this day to Wednesday the 4th of May, the houfe was chiefly employed in receiving, committing, and paffing to the lords the feveral bills which had been returned from Great-Britain, with which, as they are particularized when they receive the royal affent, we fhall not trouble our readers, but shall only relate such other business as came before the house.

Thursday, April 28.] Mr. Talbot having expatiated on the merits of admininiftration in procuring the return of the bill for a bounty on the exportation of corn, moved that an addrefs be prefented to his excellency to thank him for the fame.

Mr. Barry Barry agreed that such thanks fhould be given, but that they ought to be postponed till the act had the royal affent.

Mr. Ogle faid as he had always cenfured adminiftration when he thought it afted wrong, so he was as ready to join

in its praises when it did what was beneficial to this nation, and therefore heartily agreed with the motion.

Colonel Blaquiere faid, that his excellency was ever happy when he could be in any way inftrumental in procuring advantage to this kingdom; but he was certain Lord Harcourt would rather with that this houfe would pay its grateful ac knowledgments where they were more due, to his majefty, for his paternal affection to his Irish fubjects.

Captain Wilfon rofe next, and expreffed his defire of concurring in giving thanks for this real favour.

Serjeant Dennis observed that it would be proper to thank both his majesty and the Lord Lieutenant.

Colonel Blaquiere replied, that Lord Harcourt would be well fatisfied that his majefty alone fhould receive the addrefs of the houfe, and be happy in the conscious remembrance of having done only his duty. The house then refolved, Nem, con.

That an addrefs of thanks be prefented to his majesty on this occafion, and a committee was appointed to prepare the fame.

Friday, April 29.] When the revenue bill had been read the third time, the queftion was put that it do país.

Captain Wilson rose and said, that he would perfevere in the opposition he had given it; that he knew many gentlemen, who would speak against it, was it not from a certainty of the futility of oppofition; but although he was too fenfible of the infignificance of it; he thought it an incumbent duty, to fhew every refiftance to fuch unconftitutional measures; and moved that it fhould not pass.

Mr. Ogle with his ufual good fenfe and attention to the intereft of this kingdom, feconded the motion, and expreffed in the ftrongeft terms his abhorrence of the claufe which his honourable friend had fo properly objected to, and shewn the danger in fo clear and elegant a manner, as not to render any repetition of his fentiments neceffary.

Captain Wilfon rose a second time, and faid, that the objection to his motion of the revenue fuffering by the bill not paffing, might be eafily obviated, for that another bill might be framed and fent o ver, as well as the bill for preventing the importation of wine, in ten gallon cafks, and that it would not take more than two or three days extraordinary; and that he hoped, that government would not confider the trifling addition to the revenue, as a matter of more im portance than the lives of the fubjects.

He