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CHAP.V.

CHAP. V.

"Of the Lars, which disqualify the Catholics from holding Offices in the Army and Navy, "and obstruct them in exercising their Religion "therein."

SECTION I.

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UNTIL the Act of Union, in 1800,

the Military and Naval establishments of Ireland had remained distinct and separate from those of Great Britain. They are now incorporated into one-and the chief government and superintendance of the united force are seated in Great Britain. It is manifest, therefore, that the Laws and regulations, which affect its members, ought to be uniform, consistent, and general-not varying with the accidents of place or service. The Army and Navy of the Empire are liable, from their very nature; to frequent changes of station.

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held out to the

The order of distribution, which allots the CHAP. V. British or foreign service to a regiment or a False hopes ship of war in one year, may render Ireland the Catholics. destined station in the year following; and " vice versa." Hence, it must be a nugatory system, a pitiful mode of levying armies, that would qualify a man for this service in the one Island, and disqualify him in the other. To invite the Catholic in Ireland, for example, to enter into the army and navy-by holding out to his hopes the prospect of qualified promotion, or any other inducement local and limited to Ireland, guaranteed solely by an Irish Statute, but denied by the Laws of Great Britain-is a proceeding as illusory towards the Catholic, as it is unworthy of a wise and liberal Legislature.

ri

gidly excluded

Now, the Law of England rigidly excludes all Catholics the by Law, in

Catholics from the right of bearing offices in

Army and navy; nay, it inflicts penalties upon any
Catholics, who shall presume to hold them. The
Law declares,

England.

25 Cha. 2. c,

"That every person who shall be admitted Engl. Stat. "into any office, civil or military, or shall receive commonly

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called the Test

any pay, salary, fee, or wages, by reason of Act, explained

by 2 Geo. 2. c.

any office or place of trust, or by reason of 26.

any patent or grant from his Majesty, shall

publicly take the Oaths of Supremacy, abjura

CHAP. V." tion, &c. and take and subscribe the Decla"ration against Transubstantiation, the Mass, "&c. and also receive the Sacrament pub

Test Act

9 Anne, ch. 6. Sect. 18.

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licly according to the usage of the Church "of England, within 6 months after his admission, "under a penalty of 5001. and disability to hold "the office."

A similar Law, but with still heavier penalties, was enacted in Ireland, and remained in full force until 1793, when it was modified by an Irish Statute, as to all military offices-except those of Master or Lieutenant General of the Ordnance, 33 Geo. 3. ch. Commander in Chief of the Forces, and Generals on the Staff.

21. Sect. 9.

Incongruity of.

But the disqualifying Laws of Great Britain, upon this subject, remain still in full force, stern and unmitigated.

2. Hence arises a palpable incongruity

the Military in the Military system of this empire-and an

system.

effectual repulsion against all Catholics, both in the army and in the navy.

What avails the Irish Statute of 1793 to the Catholic Ensign or Midshipman--if the removal of his regiment or ship from the Irish to the English station renders him subject to the English Test Act, and compels him to abandon the profession of his choice? He has no protection or remedy. The Law, upon which he relied, becomes a dead

letter. This difficulty has been left unprovided CHAP. V. for-though certainly not unforeseen.

Promises made to the Catho

not fulfilled.

Debates, 1793,

The Irish Secretary (Hobart, now Earl of lies in 1793; Buckinghamshire) when introducing, on the part of the Crown, the Catholic Bill of 1793 into the Irish Parliament, announced an intended arrangement for removing this difficulty in England.- Irish Parl. "As to the Army and Navy," said he, "it is in Feb. 4. "the contemplation of the government of England "to admit Roman Catholics to bear commissions "in these departments of the state and measures "for the same purpose shall in due time be pro"posed."

The like promise was made by the government, in the Upper House, through the Earl of Clare. -Yet no such measure has been since adopted.

3. This inconsistency of the Military Code was anticipated exultingly, in 1793. As an instance, we shall take an extract from the speech of the well known Patrick Duigenan in opposition to that Bill (with an apology, at the same, to our liberal readers, for citing this man as any authority!) but some persons are often best falsified by their own words.

Duigenan's

prediction, "If the Irish Law," said he, which excludes upon the effect

of the Catholic

"Catholics from all military employments, was Bill, of 1793. "to be repealed, they could reap no advantage "from it; for the employments in the Navy would

CHAP. V." be disposed of to such persons only, as are qualiIrish Parl. fied to take them by the English Laws-which "exclude Catholics.

Debates, 1793.

Duignan's pre

diction upon

1793.

"The same may be said of all employments in "the Army; for they are disposed of by the King.

"If the King shall confer military commissions the Statute of ❝ upon Catholics in such part of his army as are 66 upon the Irish establishment, he will act "in direct violation of the English Laws."And if the Acts, which exclude Catholics from "military employments, are to be repealed in "Ireland, and Catholics are to be appointed to "such employments, the moment any regiment

Insincerity of

66

upon the Irish establishment shall be ordered "out of the kingdom, all all commissions of "Catholics serving therein will be instantly "void."

This prophecy, pronounced at random, and prompted by the sudden impulse of a blind and bitter spirit, has, however, been literally fulfilled; owing to the fatality of the public councils being guided by the same intolerance, which dictated this graceless exultation.

4. Thus the plausible shew of relief, the Irish go- held out by the Irish Statute of 1793, proves a

vernment of

1793.

merę phantom: an insidious abuse of Catholic

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