CHAPTER XXXVI I. STATE OF IRELAND IN 1801. THE insurrectionary movements of '98, followed by the political tempest of conflicting opinion which accompanied the union of the kingdoms during its progress, had for several years distracted the Irish people, and totally inhibited any advances in national prosperity. Men now began with a renewed confidence to return to their former pursuits the north was perfectly tranquillized-the manufacturer and agriculturist resumed the shuttle and the spade-and as events subsequently proved, the Presbyterians, with a very few exceptions, had thoroughly detected the fallacy of ideal liberty, and become sincere converts to the solid advantages which a well-ordered constitution secures to the community. In other parts of the kingdom, though the flame was openly extinguished, the embers smouldered-desperate individuals still held outand life and property were rendered insecure. The spread of French principles had been progressive and extensive-and although the many had repudiated the foul doctrines which denounced a king and denied a god, still the pest was not eradicated, and for years afterwards the plague-spot was discovered occasionally. The opinions delivered by the Irish members of the British legislature will best shew the state of Ireland at this period, and the demand made for arming the executive with the additional power conferred by martial law, would prove in itself that the country was still feverish, and that a portion of the people were discontented, if not disloyal. On the 12th of March, 1801, Lord Castlereagh thus urged the necessity of stringent measures:— "The task be had to perform was extremely painful, but it was a duty of which he was determined to acquit himself. He was ready to acknowledge that the introduction of martial law in Ireland was almost unparalleled in its constitutional history; but yet he must remind the house that the spirit and principles of modern Jacobinism had compelled the legislature to recognize a system of judicature unknown, except when the operation of all laws was suspended from the open existence of rebellion in the field. The necessity of resorting to so strong a measure was lamentable, but, if it did exist, he could not betray his country and the constitution. He owned the difficulties of carrying such a measure in an assembly where so few had a local knowledge of the circumstances that justified it." "It was his intention to propose it only for three months. He wa so confident of its necessity, that he called upon parliament to pass the bill without further inquiry. He admitted what the honourable gentleman had advanced, that, if rebellion existed, the lord-lieutenant might proclaim martial law. But was it more constitutional to com: to parliament for an act of indemnity, than to call for its previous authority? "The rebellion broke out in May, 1798, and martial law continued in force till March, 1799. By the king's authority martial law WI then exercised, and the Irish government relied on an act of indemnity in their favour, if they transgressed not the bounds which the necessity of the case prescribed. They were compelled to withhold a great portion of the municipal law, while property could not be protected without martial law. This occasioned a conflict; for no officer could execute his duty, if subject to be brought to trial continually. Many indictments were preferred against officers for attempting to execute the lord-lieutenant's orders; and the rebellion at one period rendered it impossible for the judges to sit unmolested. When it abated, the courts were again opened, the first, in the metropolis, the King's Bench. In some places the circuit was held, and the assizes conducted under a military force. But civil justice could not be exercised without protection; therefore, one or the other must be sacrificed. After rebellion had been crushed in the field, Jacobinism still contrived to preserve it alive in the country. This malignant spirit produced a new case, obliging the courts of justice to be shut, and the country to seek its protection from martial law. If this spirit still existed, the necessity of martial law was evident,—that it did now exist, he thus proceeded to shew. "He said, that in activity, malignancy, and perseverance, the Irish rebels exceeded all who had ever attempted the destruction of their government. During the last three months, his excellency had found it necessary to try sixty-three persons in courts-martial, and of these, thirty-four were condemned and executed. Most of them were found guilty of overt acts of rebellion, and all of having helped to promote it. In the whole year, two hundred and seven criminals had been tried. The character of the noble person above mentioned was too well known to be suspected of unnecessary rigour. He would not have suspended common law without occasion, but would have allowed the usual trial by jury. The bill ought not to be considered as an establishment of martial law, but for allowing the courts of law to remain open. The crown had power to proclaim martial law when necessary for the good of the empire; but then the process of the courts was at an end, and the accused must, in all cases, be tried by a military tribunal. By the continuance of this act, Jacobinism would be counteracted, and the people retain most of their privileges. It was notorious, that several districts still cherished the spirit that had occasioned such calamities, and prompted the inhabitants to attack the persons and property of their neighbours. But the second object was, to obstruct the administration of justice. For this purpose they used the most terrible means, and rendered themselves so formidable that neither juries nor witnesses would attend. Unless the bill were renewed, and government could bring criminals summarily to trial, the loyal and industrious must again suffer without hope of redress. The rebels themselves had courts-martial, to try those who were disaffected to their cause. How were they to be successfully combated, if permitted to condemn and instantly execute their captives, while they themselves could be punished only by the slow process of common law? He said, that by vigour and energy the evil had been greatly repressed-and that, three counties excepted, the kingdom was in a state of tranquillity." : In the upper house, Lord Clare warmly supported the measure, and his picture of the state of Ireland was unfortunately a faithful sketch. Lord Fitzgibbon (Earl of Clare) said,-" That the papers on the table would prove the necessity for a continuance of the bill; and the clerk was desired to read extracts from the reports of the Irish parliament in 1798. He was not surprised that the bill should be received with disgust by a British House of Lords; and he felt degraded in being forced to confess that Ireland could not be saved without its being passed the civil government of the country could not support its authority without military force. Democracy had taken deep root there, and it would probably be long ere it were eradicated. The subtlety of the seditious would be sufficiently proved by saying, that many of those who went up with addresses to a noble earl, before he left the administration of Ireland, were known to have been engaged in a conspiracy against the government. Martial law was indispensable, and could alone secure the property, religion, and lives of the loyal inhabitants. A noble lord had asked, whether the judges had not gone the circuits regularly? He could answer, that they had always been obliged to have a strong escort for their protection; and two of the judges going to hold the assizes had been attacked by the rebels not many miles from the capital. They were not murdered, it was true, but escaped merely by the rebels having neglected their usual precaution of bribing the servants; for, the post-boys turning about quickly, the speed of their horses saved them. The principal object of the conspirators was to disturb the administration of justice. To give every criminal a list of jurors and witnesses before the day of trial was impracticable; for nine-tenths of them would be murdered before the day appointed came. He said that treason and rebellion had been so completely organized in Ireland, that the mere attempt to administer justice without martial law was defeated, and perverted to the worst purposes. The committee of superintendence in the several districts had spies present at every trial in each circuit, who marked out such jurors as ventured to give a conscientious verdict, and every witness who dared to tell the real truth. From these communications a list of proscriptions was made out, and transmitted, with orders to the several provincial committees to send out a certain number of determined zealots to meet their agents. This was regularly complied with, and the list of assassination delivered to the murderers, who not only wero often ignorant of the persons' names whom they were to destroy, but also strangers to those who formed the general committee. They however generally executed their commission to the full, slaughtering the wives, children, and domestics of the parties proscribed. "The rebels had a system of laws the most severe, and most promptly executed. This was by far more efficient than the civil code, and coul only be counteracted by martial law. If this bill were not renewed, scenes would be exhibited in Ireland, to which nothing had borne resemblance since the year 1641. He said, let noble lords who op posed the bill take a journey to Ireland. He engaged to give any ot them a villa, and a farm each, if they would reside in it. After they had tasted the luxuries of an Irish life for a twelvemonth, is them come over (if they survived) and declaim for the rights of the Irish." In the following June, a Bill of Indemnity passed both houses, with immense majorities. As might be imagined, an act which debarred the injured from redress met with a warm opposition. No doubt the extraordinary powers given to individuals in those alarming days were at times abused abominably, but protection was required for others, who in perfect honesty of purpose laid themselves open to penalties incurred in the execution of their duty, generally painful to their better feelings, unsanctioned by statutory law, but nevertheless rendered imperative by the sad circumstances of the times. The short peace which succeeded was but a lull, while the tempest rests itself to collect fresh elements to feed its exhausted fury. To those who calmly looked at the existing state of things, a permanent repose seemed utterly impossible-Napoleon's character was sufficiently developed to shew that such an expectation must be fallacious. Little hope of tranquillity, indeed, could be expected for Europe from a military chieftain whose renown and character had been acquired by war-who had manifested such striking proofs of an unbounded ambition; and little faith could be placed on the professions of one who had bent every principle to his personal views, who had usurped, equally at the expense of monarchy and democracy, a mighty empire, and who, in every treaty which he framed, had evinced the most *Of all the infamous and corrupt acts perpetrated by the Irish parliament-and their name was Legion-probably the indemnity given to Judkin Fitzgerald was the worst.-Vide Appendix. + By the preliminary articles which were signed at London on the 1st of October, 1801, by M. Otto on the part of the French republic, and Lord Hawkesbury on the part of his Britannic Majesty, Great Britain agreed to the restoration of all her conquests, the island of Trinidad and the Dutch possessions in Ceylon excepted. The Cape of Good Hope was to remain a free port to all the contracting parties, who were to enjoy the same advantages. The island of Malta was to be evacuated by the British troops, and restored to the order of St. John of Jerusalem. Egypt was restored to the Ottoman Porte. The territory of Portugal was to be maintained in its integrity, and the French troops were to evacuate the territory of Rome and Naples. The republic of the seven islands was recognized by France. The fishery at Newfoundland was established on its former footing; and finally, plenipotentiaries were to be named by the contracting parties, to repair to Amiens, to proceed with the formation of a definitive treaty in concert with allies of the contracting parties. |