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“ sent on shore for the purpose of apprehend“ing two deserters), by a number of men, “ in the whole about thirty, armed with * musquets and bayonets, dr'ssed in regi“mentals, and supposed to belong to the 2d “ battalion of Mount's Bay Volunteers who “ attacked the lieut. and his party, and com“ pelled them to retreat to their boat, and “ while in the act of launching the same, in “ order to get on board their ship, felonious. “ l; fired several musquets loaded, at them, “ the balls from which passed very near the persons of the said lieut. and his party:— “Whoever shall apprehend, or shall give “ such information to Messrs. George and “ Samuel John, of Penzance, solicitors, as “ sha'i be the means of apprehending any of • the persons concerned in so firing off the “ said musquets at the said lieut. and his “ party, or of giving any orders or direc“ tions for the same (other than and except “ the persons who actually fired), so that “ such offenders, or any of them, may be “brought to justice, shall receive a reward “ of fifty guineas, to be paid on their conviction, by Mr. Bicknell, Solicitor of the Admiralty, Spring garden Terrace, London."
state of Irk. LAN D.—LETTER V. (See the foregoing letters, P. p. 673,711, 745, - 90s; ) **
SIR,--There remain two points of view in which the question of Catholic emancipation should be considered, in order that the subject should be fully before your readers. FIRST, the possible effect of it on the security of property in Ireland; and, Seco Nd, the effect of it, as it relates to the connexion of that country, taken in the sense of a distant country, and Great Britain. The first I propose to make the subject of this letter.—It has always been held by the violent asserters of Protestant ascendency, that the property which was forfeited at different times in Ireland, and granted or sold by the crown, to Protestants, would be restored to the right heirs, if ever the Catholics were permitted to sit in Parliament. It is not here necessary to analyse the m2tives of such insinuations: we shall merely confine ourselves to the mode of reasoning, and the facts on which this has been advanced It is stated, in proof of this position, that maps are carefully preserved of the forfeited lands, by the descendants of those families from whom they were taken, and that regular conveyances are made thereof, by wills and other legal instruments; and further, that the Irish House of Commons, in the reign of James the Second, repealed the act of settletonent, which act confirms the Protestant titles, that the same act would again be re
pealed if Parliament were opened to the admission of the Catholics.-In refutation of the first part of this argument, we shall. deem it sufficient to state, that many of the forfeitures took place in the reign of Queen Elizabeth : those in the province of Ulster in that of James the First; and the remainder in the interval between that reign and the reign of Queen Anne. The latest, therefore, of these forfeitures occurred above 100 years ago, and many of them so long ago as two centuries.—When these facts are added to the consideration of the method of preventing the growth of popery in Ireland, which has been acted upon during the first eighty years of the last century, the exterminating system of warfare with which the Irish rebellions have been opposed, and the extreme difficulty which must have attended the perpetuating of the titles to these forfeited lands during such long periods of time, even from father to son, and the infinite confusion that must arise from any attempt to give back these forfeitures, in all cases where the lineal descent could not be traced out, the impracticability of the restoration of then is very easily made out. But the circumstance, which of all others has contributed to strengthen the titles of the Protestants, is the very first act of concession which the Catholics experienced ; namely, the permission to purchase, and to take land on lease in the same manner as the Protestants. This privilege was granted in 1778, and, since that period, the riches of individual Catholics, and the quantity of lands purchased by them, and taken under lease, is so extensive, that they are themselves a body very much interested in the security of the titles under which the Protestants first acquired the forfeited lands. In reply to the argument that is deduced from the conduct of the Irish
House of Commons, in the reign of James
the Second, it is only necessary to observe, that the recurrence of such a measure is absolutely impossible. There exists no Irish Parliament in which a King of these realms could pack a Catholic majority; but, on the other hand, there exists those laws, and that coronation oath which prohibit the adoption of measures similar to those acted upon by James in Ireland; and, in the place of a Parliament of Ireland, there is a Parliament of the Empire, in which it has already been shewn that no such conjuncture can take place, as the uncontroled sway of the Catholic body in matters either of spiritual or temporal concern. In confirmation of what is here maintained, we have the opinions of the most violent advocates of Protestant ascendency, the late Lord Clare and Dr. Duigenan, expressed by them as the grounds of their assent to the measure of a legislative union. Thus latter protector of the Catholic penal code, declared in Parliament that the union would secure the right of Protestants in such a manner, as to preclude the possibility of their being assailed by the attacks of the Catholics; and so forcible was the power of this Doctor's reasoning, that it even induced Mr. Addington to quote him as an authority to prove the fBenefits of the union, as it related to religious controversy. The union, in fact, as it has, in a former letter been stated, is the charter of these rights of the Irish Protestant. It secures, by an express article, the Protestant reformed religion, as the established religion of the country; and it precludes the repeal of the act of settlement, by placing the legislature of Ireland in the hands of an Imperial Parliament.—What is here stated respecting the impracticability of the repeal of this law, will be more fully exemplified by taking into consideration the manner and means, by which, under the existing circumstances, the Catholics could recover the possession of the forfeited lands, T hey would, in truth, have a no less work to perform than that of bringing about a rebellion, so successful as to expel the authority of Great Britain; for, without such an event they could not dissolve the connexion with Great Britain, which is the security of the titles of Protestants; and, even if they could dissolve the connexion with Great Britaia, which is the security of the titles of Protestants, they would then have to acquire the consent of all the Catholic purchasers of landed property, and of all the Catholic tenants, many of whom have interests in their farms greater than those of the actual owners, to such a total revolution in the state of property, which would not dnly contribute directly to their own ruin, but indirectly to a system of anarchy and confusion greater than the world ever before experienced. Whether, therefore, we examine this argument, which goes to prove the hazard of granting a complete emancipation to the Catholics, as it bears upon the subject of security of property, as to the probability of their attempting to regain their *states, or, as to the means by which they can effect it, there remains not the slightest shadow of sound reason to authorize the most trivial apprehension. Time has worn away the memory of the advantage of enjoying it, successive penal laws have progressively diwided audimpoverished the successive generations of claimanus, and those laws, more particularly the law of union, which have of late years been made concerning the right of acquiring, and the means of preserving proPetty, have placed the restoration of the far
feited lands far indeed beyond the reach of human attainment, to those who by descent or grant may have a virtual title. Whatever circumstance may have been omitted to be noticed in this attempt to silence the clamours of those, who can bend to seek invidious and weak arguments, to prejudice the cause of the Irish Catholics, will be sufticiently excused by the anxiety which necessarily arises to produce that species of disproof, which alone is in itself adequate to the purpose; namely, the voluntary declaration of the whole Catholic body, as quoted in a iformer letter, (p. 715) “We do hereby so“ lemnly disclaim, and for ever renounce all “ interest in, and title to, all forfeited lands, “ resulting from any right, or supposed “ rights, of our ancestors, or any claim, ti“ tie, or interest therein ; nor do we admit “any title as foundation of right, which is “ not established and acknowledged by the ‘ laws of the realm, as they now stand.” (Declaration of the Irish Catholics.) Here we have before us the condition, on which the Catholics require their rights; and this condition wisely, voluntarily, and unanimously offered, in anticipation of silly apprehénsions, and for the permanent satisfaction of every one whom the active promulgation of these fears might have warped in judgment. Such conduct, surely, should not only quiet all alarms respecting property, but also produce a reciprocal anxiety on the part of the Protestants to remove erroneous impressions, and to promote the great work of universal conciliation. The Catholics, by . their mode of proceeding, have displayed their wisdom and their liberality, and the Protestants ought not to permit it to be said, that they have evinced, in return, any thing that can be termed intolerance and folly.— Having discussed, in detail, the nature of the question of security of lrish property, we shall now consider it in a more general point of view, as connected with the Catholic claims. If there is any truth in either one of two common opinions, first, that the rebellions in Ireland originate in the discontents of the Catholics; or, secondly, that acts of concession will prevent the recurrence of them, the security of property will be further strengthened by the emancipation. While the point is contended, whether the measure will or will not lead to future imaginary evils, the existence of rebellion is a present evil, and much more deserving of attention. No man can deny, that internal tranquillity wi'l add to the security and value of property; nor can it well be imagined, that, in a country where three-fourths of the inhabitants are excluded from their constitutional rights, the exclusion does not operate as a standing and
powerful source of every description of tu mult, from the frenzy of a mob to that of the violence of an organized rebellion. What is it that renders the market price of lands in freiand only 20 years purchase, while in Great Britain it is 30 years What is it that renders Ireland a preferable obj ct of French invasion, and info rior in point of natural defence to Great Brain What is is that drives away the gentry, and that checks the improvement of land, and the civil zation of the people It is the privation which three millions of people experience of their franchises. It is because they do not enjoy the benefits of A1agna Charta; and, therefore cannot be stimulated to exertion in defence of the British connexion, by the same bond of union and faternity which rouses he people of Great Britain to cxertion against every attempt to invade their liberties. Instead, therefore, of the security of property being hazarded by the emancipation, it cannot be said to exist until this measure is adopted ; and those short sighted politicians. who refuse it, under apprehensions of future dan ger, deceive themselves by the darkness of their understandings. If a proprietor of land requires to know what is wanting to raise the value of his estate to 30 years purchase, he must be told, it is the emancipation of the Catholics. If the expelled county gentleman wishes to know what measure will enable him to return in safety to his mansion, his sports, and his society, he must be informed, that this measure is Catholic emancipation. If the Protestants scek a remody against the noiserable state of living in constant fear of becoming the objects of the cruelty and the barbarism of their Cal holic fellow subjects and neighbours, it must be explained to them, that this remedy is Catholic enancipation; and, if the mini-tor of Great Britain knows what will best promote his fame, and will adopt that measure which will most certainly preserve the inte. grity of the lyritish empire, against the hostile attempts of all enemies foreign and domestic, he will adopt the measure of Catholic emancipation. —Z. — Liverpool, Nov. 25, 1804.
will permit, I shall be very glad of your cor. respondent's opinion upon the following cases. First : Suppose I refuse to receive money tendered to me in Bank notes, and bring an action for the debt; the defendant pays the whole sum into court, which I am desirous to take out in order to be allowed my costs. In what manner shall I proceed, so as to obtain payment of both debt and costs in specie? If in this case, I proceed to trial, no costs will be allowed me, becausthe monev paid into court is the whose cf my demand, unless the court should think that the debt not being paid into court in specie, was a sufficient reason for proceeding to trial. Set os D. : Suppose no money is paid into court, and I obtain judgment either after inquiry or verdict, and issue execution against the goods of the detendant which I sell. Shail be justified in selling them a a lower price than they are really worth, (which undoubtedly, I should be obliged to do) in order to obtain payment of my demaud in specie It is true, that I am at libirty to take the person of the defendant, bu' very often that sort of remedy would be worse than the disease; for I should not only lose the debt and costs, but be obligei to pay the sheriffs poundage, and other expenses to a considerable amount. I put those questions to your correspondent, because I trust he will be able to answer them in a satisfactory manner; and, because, in all events, I wish them to be answerabie. It is not, however, my desire to see your publication made the mere vehicle of practical law; but these questions are so very raterial to the point in agitation, that I make no apology for troubling you with them. The paper system has now become so general, and its influence is so alarmingly perceptible, that every means should be adopted in order to keep it within reasonable bounds. . Formerly, the list of persons, who arose to sudden affiuence, was almost solely filled with contractors and jobbers, that harpy tribe which delights to wallow in the blood of armies, and to feed and fatten upon the vira's of mankind. Of them it has been observed, that their palaces rose like exhalations, and
their equipages glittered like meteors ; but
now this sort of hocus pocus work has become so common, that it neither excites our indignation nor surprise. The system of poper-money has so set at nought the once usual and progressive rise to opuleuce and power, that the man, who yesterday stood behind our chair, shall to day rival and excel in magnificence, splendor, and perscoal influence the Howards, the Percys, and the Russels; those hereditary repositories of the gicry and the renown of the kingdom. Whe
colonel; the lower ranks indulging the fond
inopes of being soon rescued from the constant prospect that stood before them of imprisonment, and the want of the common necessaries of life; and the field officers, that they might be placed a little above their present situation . existence.——The chagrin and deep disappointment that has succeeded the development of so cruel a fiction, can be very well imagined, and must make every well wisher to his country regret, that that profession which you, Sir, so justly think, in the present political state of Europe, (but particularly of Great Britain), ought to be elevated over every other class of men in the public opinion, should have remained so long and meanly remunerated, as to be absolutely despised by common tradesmen for their abject state of poverty 1–Is this a situation, Sir, for the officers of the army to be permitted to remain in, at a period when every thing that is dear to Britons is likely to depend upon the gallant exertions of the regular force.—In the year 1797, the pay of the private soldiers was not only doubled, but they have had, ever since, the very great additional benefit of being supplied with their provisions of animal food and bread, at the low fixed price of sixpence and three half pence per pound, should those articles ever have risen to ten times that sum; so that, in fact, the private soldiers pay has become more than three fold within six years, when that of the officers has remained in statu quo for upwards of sixty, with the exception of one poor shilling per day to the subalterns; what might have caused this sudden effort of unbounded attention and comfort to the soldier, without extending any part to the officers, I shall not attempt to offer an opinion on ; but, it is a stubborn fact, that a common mechanic enjoys a greater degree of pecuniary independence than the subalterns, or even captains of the army, and, that an officer, when at last arrived at
the rank of major or lieut.-colonel, after long and, perhaps, severe service, has merely sufficient to keep the external appearance of poverty from his door, without possessing enough to furnish him with ordinary enjoyments within the reach of his grocer or taylor. Their circumstances have been still farther circumscribed, in proportion to their rank, by the force of an indirect order, which has, for these two or three last years, obliged the field officers to be constantly mounted, and of course put to the expense of keeping, at least, one if not two horses, without any allowance whatever to cover this enormous expense; this reduces a field officer's pay considerably below that of a captain. This hardship has been more severely felt since the period that the field officers companies were taken from them, by which they not only lost a considerable contingency, but likewise, the field allowances which were attached to companies; which altogether has decreased the field officer's emolument at least sixty pounds per annum; and tonfortunately. just at the time that he was made to pay five per cent income tax. By giving this letter a place in your Register, you will very much oblige an old friend to the army in general, with three sons at present in the profession. A. B.
FOREIGN OFFICIAL PAPER. PAp A L Allocution.—Allocution delivered by his Hoffness the Pope to a Secret Consistory addressed on the 20th of Octoor, 1804, previously to bit departure from Rome on bis journoy to France, in order to assist in the Coronation of the Emperor Napoleon. (Continued and concluded from p. 592.) A request of this nature not only in itself affords the clearest proof of his religion and filial reverence to his IIoly Sce, but it has been also accompanied with express declarations, by which the Emperor has informed. us of his constant desire to promote the holy faith, to repair the injuries for the preventing of which he has laboured with so much zeal in these flourishing regions. You therefore see, most venerable brothers, what just and momentous causes we have for undertaking this journey; we are moved not only by the interests of our holy religion, but by gratitude to that powerful Emperor, who has put forth all his authority to cause the Catholic religion to be freely professed: publicly exercised in France; and who has shewn his mind so anxious for increasing the prosperity of that religion.--—We have also formed great hope, that having undertaken this journey by his invitation, when we shall speak to him face to face, such things ray
be effected by his wisdom for the good of the Catholic Church, which is the only ark of salvation, that we may be able to congratulate ourselves on having perfected the work of our most holy religion. It is not so much on our weak eloquence that we build that hope, as on the grace of him whose unworthy vicegerent we are upon earth, whose grace, when invoked by holy rites, is poured largely into the hearts of princes, who are rightly disposed for receiving the good effects of a sacred ceremony, especially when they are the fathers of their people, solicitous about their eternal salvation, and determined to live and die true sons of the Catholic Church.— For these causes, venerable brethren, following the example of some of our predecessors, who have, for a certain time, left their own abode to visit distant regions to promote the interests of religion, and to gratify those rinces who have deserved well of the 'hurch, we undertake the present journey, although the distance, the unfavourable season of the year, our advanced age, and the infirm state of our health, would have otherwise completely deterred us from such a voyage. But we esteem these considerations as nothing, if God will but grant us the prayers of our heart :Nor have those things which should be before our eyes, at all escaped our mind before we formed our serious resolution; but we have seen and considered every thing: in which consideration many difficulties arose, and our conscience was on some of them doubtful and uncertain; but such answers have becr returned, and such decialations made by order of the Emperor, that we have been persuaded of the utility of our journey for the good of religion, which is an object. But it is unnecessary to detail in a diffuse harangue, these causes to you, to whom I have already communicated them, and whose opinions (before we undertook a step of such moment) we not only consulted, but to whom, as it was right, we gave the greatest weight-Not to pass over, however, that which is above all things necessary in important deliberations, well knowing that (according to the saying of Divine Wisdom) the resolutions of mortals are v eak and timid, and their foresight doubtful, even of those men who excel most in morals and in piety, and whose speeches rise like incense to the presence of God; we have, therefore, taken care to put up the most earnest prayers to the Father of all Light, that directed by him, we may do that only which is pleasing in his eyes, and which may end in the prosperity and increase of his church.——God is our witness, before whom we have in all humi
lity poured forth our heart, to whom we have often raised our hands in his Holy Temple, beseeching him to listen to our prayer and help us, that we have proposed to ourselves nothing else than what ought always to be our object; his glory, the interests of the Catholic religion, the salvation of souls, and the discharge of those apostolic functions which have been entrusted to us, unworthy as we are You also are our witnesses, venerable brethren, to whom, as we assisted at your councils, we wished that everything should be perfectly known and understood, and to whom we have fully communicated the genuine feelings of our heart. Therefore, when so great an object is likely by divine assistance to be completed, acting as a faithful vicegerent of God our Saviour, we have undertaken that journey, to which we have been prompted by such strong reasons. The Father of all Mercies, will, as we hope, bless, our footsteps, and shine on this new epoch of religion, with the fulness of increased glory.—After the example of our predecessors, and particularly the recent example of Pope Pius VI. of revered memory, who made the same resolution when he set out for Vendosme, we inform you, venerable brethren, that we have disposed and ordered every thing, so as that the curiae, and the hearing of causes with assistance from this holy seat, shall remain in their present state, until we shall have returned, and, as we have considered in our minds that the necessity of death is imposed upon all, and that the day of our death is uncertain, we have therefore thought it necessary to sollow the example of our predecessors, particularly of Pope Pius VI. when he set out for Vendosme, by ordering the pontifical comitia to be held, if God shall please to take us away from this world, during our absence from you. Lastly, we beg and intreat of you always to retain for me the affection you have hitherto shewn for me, and that in our absence you will commend our soul to the all-powerful God, to our Lord Jesus Christ, to his most glorious Virgin Mother, and to the blessed Apostle Peter, that this journey of our's may be fortunate and prosperous, and that it may end happily. Which if we shall, as we hope, be able to obtain from the author of all good, you, venerable brethren, whom we have always called to share with us in our couldcils, and in all that concerns us, must have a great share in the common joy, and we shall exult and rejoice in the mercy of the Lord. ,
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