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"tion of the Secretary at War, is subversive of "the fundamental principles of the glorious con "stitution of the country, as established in 1688; dangerous to the Protestant interest, the peace, "order and security of the British empire; and that it is the duty of this court to petition both Houses of Parliament, not to sanction so alarm ing a measure, the oaths of supremacy being ant integral part of the Bill of Rights." Mr. Samuel Dickson seconded the motion, and Mr. Bell, after having refuted the arguments advanced by Mr. Deputy Bitch, concluded by moving the previous question, which was carried by a majority of

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seventeen.

1807.

Lord Howick

moves the Catholic of

On the 5th of March, Lord Howick moved for leave to bring in the bill of which he had given eers bill.

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As this bill was the pretended or real cause of overturning one of the most powerful administrations ever formed in the country, and it was brought in not only for the laudable and necessary purpose of enabling the state to avail itself of above five millions of his Majesty's Catholic subjects, but also avowedly in the doubtful hope of keeping the vital question of their emancipation at rest, a copy of it is here given for the satisfaction of all parties interested in the subject matter. It was a crude and ill-digested bill, suddenly adopted by government as a half measure, to supply the more glaring defeces of a less than half meas sure, the amission or alteration of a clause in the muting act. The measure, though embracing an object of transcendant-importance to the empire, was purely the act of the ministers: they did not consult the Catholic body upon it. Nor did they even | submit it to the observations of his Royal Highness the Prince of Wales, though so deeply affected by the results, and so person-J ally interested in the original formation, as well as the credit and stability of that administration. -:

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1907. notice to the House. He should have hoped, that such a position, particularly at such a time, would

"A bill, for enabling his Majesty to avail himself of the ser. vices of all his liege subjects in his naval and military forces, in the manner therein mentioned.

"Whereas it is expedient, that his Majesty should be enabled avail himself, of the services of all his liege subjects, in his naval and military forces, for the maintenance of the rights of his Crown, and the interests, honor and independence of the British Empire: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful for his Majesty to grant or confer, or by his Royal sign manual to empower the proper officer or offcers to grant or confer any military commission, warrant, or ap pointment whatever, either in his Majesty's sea or naval forces, or in any of his Majesty's land or military forces whatsoever, to or upon any of his Majesty's liege subjects, without exception; and that every such commission, warrant or appointment, so granted or conferred, shall and may be lawfully exercised by such of his Majesty's subjects, in all places within or without his Majesty's dominions, any law, statute, or usage, to the contrary notwithstanding. Provided, that every, such person shall, within months after his accepting the said commission, warrant or appointment, take, make, and subscribe the declaration and oath herein after mentioned, which declaration and oath shall be ingrossed on the back or at the foot of the commission or appointment so granted or conferred, and shall be then attested by the signature of the magistrate or officer, in whose presence the same shall have been subscribed, and by whom the said oath shall have been administered. And be it further enacted, that such oath and declaration may be administered and attested by any court of record, or judge of such court, or by any justice of peace or other magistrate having power to administer oaths, in any parts of his Majesty's dominions. And that, if the party taking sad subscribing the game,

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bave met with no opposition. Understanding, however, that there were, honourable members in

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shall, at the time, of his so taking and subscribing the same, not
be within his Majesty's dominions, the same may then be admi
nistered and attested by any general officer or commanding offi
cer of
of his Majesty's land forces, or by any admiral or commanda
ing officer of his Majesty's naval force. Provided always, that
in this last case the person holding such commission, warrant, or
appointment, shall, within.
months after his return to
any part of his Majesty's dominions, again take, make and sub
scribe the same oath and declaration, in presence of some court
of record or magistrate as aforesaid. And be it further enacted,
that no person having so taken, made, and subscribed such oath
and declaration, respectively as aforesaid, shall be liable to any
pains, penalties, or disabilities whatsoever, for having exercised
or acted in or under any such commission, warrant, or appoint-
meut, any law, statute, or usage, to the contrary notwithstand-
ing. And although such person shall not have complied with
any of the directions of any former statute respecting the quali
fications of persons holding or exercising offices within this
realm. And be it further enacted, that the said oath and decła¬
ration, to be so taken, made and subscribed, shall be in the words
following, viz. "I, A. B. being by this commission appointed
"to be there set forth the appointment) do hereby solemnly
promise and swear, in the presence of Almighty God, that I
will be faithful, and bear true allegiance to his Majesty, King
George the Third, and that I will do my utmost to maintain
" and defend him against all treasons and traitorous conspiracies,
and against all attempts whatever, that shall be made against
his person, crown, or dignity; and that I will, to the utmost
❝of my power, resist all such treasons, conspiracies or at-
tempts, and will also disclose and make known the same, as
soon as they shall come to my knowledge; and I do also pre-
"mise and swear, in the presence of Almighty God, that I
will, to the utmost of my power, maintain and support the
"succession to the Crown of the United Kingdom of Great Bri-
“tain and Ireland, as the same now stands limited by law; and

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1807.

1807.

that House, who meant to contest it, he should offer to to the house an explanation of the grounds

"that I will also, to the utmost of my power, maintain and sup

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port the established constitution and government of the said "United Kingdom, against all attempts whatever that shall be "made against the same." And whereas it is expedient, that his Majesty's subjects, however employed in any of his Majes ty's sea or naval forces, or any of his Majesty's land or military forces whatsoever, should be allowed the free exercise of such religious opinions, as they may respectively profess; Be it enacted, that no person employed in his Majesty's sea or naral forces, or land or military forces, and having previously signi fied in writing, signed by himself, to his commanding officer, his dissent from the doctrine or worship of the Church of England, as by law established, shall, under any pretence, or by any means, be prevented from attending, or be subject or liable to any pains, penalties or disabilities for attending such divine worship or religious service as may be consistent with, and ac cording to his religious persuasion or opinions, at proper or seasonable times, and such as shall be consistent with the due and full discharge of his naval or military duties; nor shall any such person be compelled or compellable to attend the worship or ser vice of the said established Church; and that any commissioned officer, acting in violation of, or contrary to this provision, shall, upon conviction thereof, before a general court martial, be liable to be suspended or dismissed from his Majesty's service, or to such other punishment, not extending to life or limb, as the said court shall award; and that any warrant or non commis*sioned officer so offending shall be liable to such punishment, not extending to life or limb, as shall be awarded by a general or regimental conrt martial. And be it further enacted, that this act shall be and continue in force from the in the year of our Lord until the

Lord "

in the year of our

It is obvious, that this bill was not intended to remedy the great national evit, which consisted in the statute disabilities, pains and penalties falling on above five millions of his Majes

which the bill was founded, without going into the question of the general expediency of penal laws,

ty's Catholic subjects, who might enlist, or may have enlisted as
private soldiers or common seamen in his Majesty's service.
Hence it was usually called Lord Howick's Catholic officer's bill.
Yet the act of 1 Geo. I. c. 13. had re-enacted all the operative
penal parts of the 25. Car. II. (the Test Act) and extended them to
private soldiers and common sailors for refusing or neglecting for
three months after having enlisted, to take the oaths of suprema-
ey, abjuration and allegiance. That act of Geo. I. affects Catholics
only, for it says nothing of the sacramental test, which most
Protestant dissenters conscientiously refuse; although none of
them object to the negative oath of supremacy (on which is found-
ed the operative exclusion to Catholics, who submit to a supreme
bishop) as they admit of no head of the Church on earth. It
cannot be dissembled, that a very large part of the Irish Catho
lics, disrelished, contemned and ridiculed this officers bill. They
considered it as an insult on the body. They had not so refined
upon political economy, as to be sensible, that a country could
be over peopled. With Adam Smith, they still substantially
thought and measured a nation's happiness by the density of its
population. They considered Lord Howick's boasted policy of
strengthening the Protestant ascendancy, by thinning the Catho-
lic population, at least not friendly to the internal prosperity of
the country. To kill off its male youth, in foreign warfare, was
the most insidious mode of depopulating it by emigration. This
they connected with the checks given to Irish population by the
provocation and suppression of the rebellion of 1798. And they
never separated it from the jealousy of government at the rapid
growth of the physical force of the country. They considered
Lord Howick, whose bill they indignantly despised, as connect-
ed domestically as well as politically with Mr. Ponsonby, who,
with other distinguished patriots, was once zealous for re-
form and emancipation, though he had latterly declared, that
it would militate against the interests of the empire to concede
either. They had brought themselves to this (not very unna-
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VOL. II.

1807.

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