support to the motion.-Leave was granted to bring in the bill. It was accordingly brought in, read a first time, and ordered to be read a second time on Monday.

[MARTIAL LAW IN IRELAND.]-Mr. Secretary Yorke next moved, for leave to bring in a bill to continue, for a time to be limited, the bill of last session, for the Suppression of Rebellion in Ireland, by enabling government to establish martial law. On the motion being put from the chair,

such violation

Mr. Burrows rose to express his reasons for opposing the motion. He begged it to be understood that he did not found his objections to it from any want of confi. dence in those who were to exercise the powers to be granted by the bill. On the contrary, he had the most entire confidence that these powers would in no instance be abused, either by the government of Ireland or the government of this country. His objection was founded on constitutional grounds. He was convinced that it must be a principle with every man who loved the constitution, never to give his assent to a bill conferring such extraordinary powers, without the most urgent and imperious necessity. Acting on this principle, he could not, on the ground of confidence in government, consent to violate the constitution, unless the necessity of was clearly established. When this bill was formerly passed, a rebellion actually raged in Ireland, and ample documents to prove its necessity were laid on the table of the house." At present no sort of evidence to prove its necessity was brought forward. Had any parliamentary evidence been adduced? Were facts stated to shew that the re-enactany ment of the bill was essential to the maintenance of tranquillity in Ireland? Had the house obtained even the bare responsibility of a minister on the subject? Not one of these grounds of the necessity of the measure had been brought before the house. Independant of all information, Members were called on to give their assent to a measure which confessedly violated the free principles of the British constitution. When any description of subjects were to be deprived of a constitutional privilege, it was necessary to proceed with coolness and deliberation. Even while rebellion raged in Ireland he had not heard of resorting to martial law, and suspending all appeal to the civil tribunals, without a considerable portion of anxiety and alarm. But what he desired the house to consider, were the specific grounds on

which the introduction of martial law was defended. It was on this principle, that jurors were over-awed in the discharge of their duty, and that witnesses could not come forward to give their testimony without great personal danger. It was because the ordinary tribunals of justice were necessarily shut up, from the causes which he had now stated, that it became necessary to have recourse to military decisions. If the same circumstances now existed, he should, however reluctant to violate the constitution, give his assent to the motion. No such circumstances did, however, exist at this period. Jurors could discharge thei: duty with the utmost safety. Witnesses could come forward to give their testimony without any apprehension of danger. Persons guilty of rebellion had been arraigned before the ordinary tribunals of justice, had been convicted on the clearest evidence, and had suffered the sentence of the law. If the grounds on which martial law was formerly resorted to did not exist, it was not surely asking too much to require some new grounds for re-enacting a bill vesting the executive government with extraordinary and unconstitutional powers. It cer tainly was not too much to ask, that if new grounds did exist they should be stated. To assent to a bill of this kind without any grounds was what he never could, under any circumstances, do, acting as a representative to parliament. If the hon. sec. of state was determined to persist in pressing the bill, it was at least fair that he should not precipitate its progress through the house. It would be fair to allow those

gentlemen who were more particularly connected with Ireland an opportunity of offering their sentiments on the subject. The number of Irish members now in their place was very inconsiderable, and they had a right to be consulted before the constitutional privileges of their constituents were suspended or violated. He had thought it his duty to throw out these few observations to the house. Before he sat down, he begged leave to repeat, he did not oppose the re-enactment of the bil from any want of confidence in the mede in which it would be applied by ministers. He had no doubt that their application of the powers with which it vested them would be mild and merciful. His objections were, however, founded in respect for the constitution, and the character of the govern ment, and should not induce him to vote for a bill, of the necessity for which not the slightest evidence had been adduced. Mr. Corry rose to make a few observa

tions in reply. The hon. gent. had said, that in all former cases of the passing of the martial law bill, rebellion actually raged, or tranquillity was very seriously disturbed. He begged leave to set the hon. member right on that head. In the year 1801, this very bill had been not only once but twice renewed in the course of the same session, though at that time no rebellion or appearance of rebellion existed from one part of Ireland to another. The hon. gent. seemed to be unacquainted with the history of the rebellion. He did not appear to be aware that the machinations of the disaffected were at their origin carefully veiled in darkness; that their views were gradually disseminated over the country; that it was not till their party was fully organized that they broke out into acts of open rebellion. The wisdom of parliament had been exerted in a number of acts to discover and to disconcert their views. Every effort had been employed to trace out the different relations and bearings of the conspiracy. These efforts had, however, failed of success. Never till the act in question was passed were the designs of rebellion fully ascertained. Never till government was armed with these extraordinary powers was any thing like tranquillity or confidence restored. Though individuals continued to suffer; though acts of insurrection and violence were not alto. gether destroyed; yet the constitution was saved and the sinews of the rebellion were annihilated. This effect he ascribed, more than to any other cause, to the repeated re-enactments of this bill in the course of the year 1802 and 1803. The hon. gent. however, did not see the necessity of reenacting the bill at the present period. He had said, that the grounds of its re-enactment formerly was the intimidation of jurors and witnesses in the performance of their duty, but at this moment jurors were unmolested; witnesses could give their, testimony without any dread of the consequences; all the ordinary forms of law and of justice were observed. He would not pretend to deny that this description of the state of the country was correct, but he would maintain that the present tranquillity of the country was the effect of the very bill to which the hon. gent. so strongly objected. It was not unknown to the hon. member and the house, that till the bill was passed the system of intimidation was universally prevalent, and the courts of common law were as a matter of necessity shut, not against rebels alone, but against the loyal part of the community, who were VOL. IV.

making every sacrifice in support of the constitution and the existing government. It was not till the rebels found that they could not prosecute their schemes with any hopes of success, that the strong powers vested in the government rendered their detection and punishment a matter of almost absolute certainty, that continuance in rebellion was only another term for destruction, that they thought of abandoning their traitorous projects, that they sat down in laborious tranquillity, and began to return to the habits of dutiful allegiance. If the hon. member looked to the state of Ireland, merely as it was at this day, his view would be extremely partial and limited. To be able to reason fairly on the subject, it behoved him to look at the progress and various modifications of the rebellion. He ought to compare the means used to spread disaffection with the means employed to check its diffusion among the lower orders. Among these last means, he had the universal testimony of the best informed persons in Ireland, that this measure had been one of the greatest and efficient causes of the return of tranquillity and order, of the possibility of continuing the ordinary exercise of the form of the common law courts of the land. Independent of this measure, the hon. gent, would not this day have had it in his power to notice the present tranquillity of Ireland as an argument against the re-enactment of the bill. So far from viewing the re-enactment of the bill as any act of severity to the loyal and well-disposed part of the community, he viewed it in the opposite light. By all loyal and well-disposed individuals, it would be considered as a measure not of oppression, but of protection; not of vigour, but of wise precaution, on the part of the government. It would dispel their apprehensiohs, and give them new energy in their opposition to the designs of the disaffected. It would enable them to check rebellion at its first opening, and leave to them the privilege of appealing for the redress of injuries to the ordinary tribunals of their country. The proclamation of martial law, by the exercise of the prerogative was, what every friend to the constitution would be anxious to avoid. It was to avoid the necessity of such a measure, that the bill was originally introduced, and was now proposed to be continued. Without such a bill traitors might escape unpunished, and loyal citizens might be deprived of their constitutional privileges, and dragged before military tribunals. On these grounds the bill had his hearty support, and he hoped it would also obtain the support of the house. It was * Q q

a bill which, from his knowledge of the present state of Ireland, he had no difficulty in pronouncing essential to the continuance of tranquillity.

Mr. John Claudius Beresford begged the indulgence of the house, while he made a few observations. His hon. friend under the gallery, (Mr. Burrows) had urged two objections to the re-enactment of the bill, at least, without more mature consideration. The first objection was, that no facts were produced to justify the necessity of the measure. The second objection was drawn from the thinness of the members particularly connected with Ireland, and best fitted to give information to the house on the subject. With regard to the first objection, it was unnecessary for him to take up the time or attention of the house. His right hon. friend had fully removed this objection, and he heartily agreed with his right hon. friend, that if the measure were not renewed, the same system of terror, which had been alluded to, would immediately be renewed in all its horrors. With regard to the thinness of the attendance of members connected with Ireland, he should make one or two remaiks. Having been very recently in Ireland, and having had occasion to ascertain what were the sentiments of at least three-fourths of the Irish members resident in that country, as to the expediency and necessity of the measure, he requested the house, on his veracity, to be assured, that they were to a man convinced, that the re-enactment of the bill was indispensably necessary to the preservation of tranquillity, and to the protection of all loyal subjects. They were so thoroughly convinced of its necessity, that they expected the re-enactment of the bill would be one of the earliest acts of the session. If they had not indulged such an expectation, they would, at this moment, have been in their places to solicit its re-enactment. This sentiment, of the necessity of the measure, he might add, was not confined to members, but was entertained by every loyal man in every part of the country. He, himself, had been the only Irish member, who had expressed doubts respecting the loyalty of the lower orders, in opposition to the opinion of a number of other most respectable individuals. He rejoiced to find, that the opinion he entertained of the disloyalty of the lower orders was erroneous, and that the spirit of disaffection was much less general than he had dreaded. At this moment all good men of every party were animated with feelings of loyalty, and convinced of the necessity of defending the country against the common enemy. Every man who possessed only 201.

unite against all

The late insur

year, was now disposed to foreign and domestic foes. rection had not a twentieth part of the extent of the rebellion of 1798; and all classes of the people, with an exception of a few of the lower orders, were universally disposed to assist government against an invading enemy. He was also authorized to state, that it was the wish of all sects in that king. dom, that no question should be brought forward, which might have the effect of agitating the public mind, at a period, when it was so essential, that all descriptions should anite in the defence of their common interests. Leave was obtained to bring in the bill; which was read a first time, and ordered to be read a second time on Monday.

[IRISH BANK RESTRICTION BILL.]—Mr. Corry, pursuant to notice, moved for leave to bring in a bill to continue, for a time to be limited, the restriction on the issues of cash by the bank of Ireland. It was unnecessary for him to urge any reasons to induce the house to agree to his motion. The same motives that induced the house to entertain the bill with respect to the Bank of England. applied to the present case, and as the measure, he proposed, was always consequential to that which had been introduced within a few days by the Chancellor of the Exchequer, he should content himself barely with moving, that leave be given. Leave was given. -Mr. Corry then moved, that there be laid before the house, an account of the amount of bank of Ireland notes, including bank post bills, payable at seven days sight, in circulation on the first days of January, April, June, and September, 1800; also, amount in circulation on the first days of April, May, and June, 1801; also, amount in circulation on the first days of June, August, October, and November, 1802, and first of February, 1803; also, amount in circulation on the first days of January, April, August, and September, the value of those below the value of five 1803; distinguishing, in this last instance, guineas. Ordered.

HOUSE OF COMMONS.

Saturday, December 3.

[MINUTES.]Mr.Hobhouse brought up the report of the committee upon expiring laws. The resolutions were read and agreed to, and bills were ordered to be brought in pursuant to them.-Mr. Secretary Yorke presented a copy of a proclamation issued by the lord-lieutenant of Ireland, to prevent distillation from oats and oatmeal in that country. Or dered to be laid on the table.-Mr. Corry

gave notice, that on Monday he should move for leave to bring in a bill to indemnify the Ford-lieutenant of Ireland for issuing this proclamation; and also, that he should move for the introduction of a clause into that bill to enable the lord-lieutenant to im. pose such a prohibition, during a time to be limited. Mr. Hobhouse brought up the report of the committee for considering the propriety of affording a temporary relief to the Curates displaced by the operation of the bill for enforcing the residence of the clergy. The resolution for granting £8000 for this purpose was agreed to.-Sir Francis Burdett presented a petition on behalf of the churchwardens and overseers of the poor of the parish of St. Pancras, in the county of Middlesex, setting forth that the duties of their offices had increased so much that they wanted assistants to be appointed in order to enable them to do justice to their situations, &c. Referred to a select committee. -The Chancellor of the Exchequer gave notice, that on Monday he should move, that a committee be appointed to investigate the joint account between Great-Britain and Ireland, as in the last session. Mr. Hobhouse brought up the report of the committee of supply on certain parts of the naval service voted yesterday. The resolutions were read and agreed to. - Mr. Corry brought in the bill for continuing the restrictson on payment in specie by the bank of Ireland. Read a first time, and ordered to be read a second time on Monday.-The bill for continuing the restriction on cash payments by the bank of England, went through a committee. On the motion of Mr. Vansittart, the blank was filled up with the words, "six months after the ratification of a de-' "finitive treaty of peace." The report was ordered to be received on Monday.-The House went into a committee to consider of the propriety of renewing, for a further time, the liberty granted for bonding Portugal wines, which had expired on the 10th of October. Mr. Vansittart, in stating the propriety of extending this indulgence, stated also, that it was thought adviseable to give the benefit of it to Spanish wines. A resolution to this effect was agreed to, and being reported, the committee appointed to bring in the bill for the continuation of expiring laws was ordered to make provision accordingly. Mr. Vansittart brought in the an nual bill for indemnifying magistrates and others who had neglected to take the necessary oaths. The bill was read a first time, and ordered to be read a second time on Monday. Mr. Corry gave notice, that he would move in the proper stage to introduce

a clause into this bill for extending the bene fit of the indemnity to Ireland.

HOUSE OF LORDS.

Monday, December 5.

Their Lordship met at a little after three, when the appeal from the court of session of Scotland in which Christie and Keay were appellants, and Proudfoot, Dean of Guild and the Guild Council of the Burgh of Perth, respondent, came before them. Messrs. Adams and Grant were heard on the part of the appellants, and Mr Romilly for the respondent. The farther hearing of council was deferred until to-morrow.

HOUSE OF COMMONS.

Monday, December 5:

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[MINUTES.] The bill for inclosing lands in the manor and parish of Fulbeck, in the county of Lincoln, for making compensation for the tithes arising within the same parish, was read a second time, and committed. Mr. Manning brought in a bill to enable the London dock-company to raise a farther sum af £500,000 for the construction of wet docks and other works, for the greater accommodation of the London merchants. Read a first time and ordered to be read a second time. -Mr. Grant acquainted the House that Col. F. W Grant, who had been ordered to attend in his place on Wednesday next, had arrived in town, and would attend in his place to-morrow.-Mr. Secretary Yorke presented at the bar, by his Majesty's command, a copy of the convention between his Britannick Majesty and the King of Sweden, signed on the 25th of Julv 1803. Ordered to lie on the table.-Mr. Secretary Yorke moved the second reading of the bill for continuing the suspension of the habeas corpus act in Ireland. The bill was accordingly read a second time without giving rise to any debate, and ordered to be committed to-morrow. Mr. Pole presented the ordnance estimates for 1804, which were ordered to lie on the table, and the hon. member gave notice that he would, on Friday next, in the committee of supply, move the consideration of these estimates after the army estimates were disposed of. — The Chancellor of the Exchequer moved that a committee be appointed to enquire into the expenditure of the United Kingdom, from the first day of Jan. 1801, and the sums contributed thereto by Great-Britain and Ireland respectively, and report the same with their opinion thereupon, to the House. And a committee was appointed accordingly

* Q q 2

-In a committee of supply the committee on the motion of Sir Philip Stephens, voted the following sums; for the transport service, for the year 1804, 709,000; for prisoners of war at home and abroad, £220,000; for sick prisoners of war, £40.000; the House being resumed, the report was presented. Mr. Corry rose to move for leave to bring in a bill to suspend the act of last session, prohibiting the negotiation of small notes in Ireland. He wished it to be understood that government did not by this means propose any general system or permanent regulation on the subject. They only proposed this as a temporary measure till the Irish members hitherto detained at home, by their attention to the defence of their own shores, could be present, and the question could be fully considered. Leave was given and the bill brought in and read a first time, and ordered to be read a second time tomorrow. The House having gone into a committee on expiring laws, a report was agreed, and reported, on which Mr. Corry brought in a bill to suspend certain acts prohibiting the exportation from Ireland, of corn, potatoes and provisions, and to permit their importation for a time to be limited. The bill was read a first time, and ordered to be read a second time to-morrow The seamen's desertion bill was read a third time and passed. The malt duty bill was read a first time, and ordered for a second reading to-morrow. A bill for continuing and regulating the bounty on sugar exported from Ireland was read a first time and ordered to be read a second time to-morrow.-The pension, &c. duty bill was read a first time and ordered to be read a second time to morrow. -The curate's relief bill was read a first time and ordered to be read a second time tomorrow.―The bill to suspend the act prohibiting the negotiation, &c. of small notes in Ireland, was read a first time and ordered to be read a second time to-morrow.-A bill for continuing an act discontinuing certain bounties on the exportation of sugar, was read a first time and ordered for a second reading to-morrow. The five millions exhequer bills bill was read a first time.-The est indemnity bill was read a first time.

[OATS DISTILLATION BILL.]-Mr. Corry, pursuant to his notice on Saturday, rose to move for leave to bring in a bill to indemnify the lord lieutenant, and such as had acted under the authority of his proclamaion, issued in October, prohibiting the distillation of spirits from oats, which had been laid before the house by his right hon. friend the Chancellor of the Exchequer. It would be necessary for him to state the cause and

circumstances of the proclamation, before he should submit his motion to the house. The prohibition had arisen from a supposed failure of the crop of potatoes, in consequence of the extreme drought of the season. Potatoes constituted the chief support of the mass of the people of that country, and the failure of a crop had the same effect there as the failure of a crop of wheat would bave in this country, or of a crop of oats in the northern part of it. The active vigilance of the Irish government, had ascertained that there was a deficiency in the crop of potatoes, in three out of the four provinces of Ireland, and therefore, it became the wisdom of his excellency to provide for the supply of this deficiency, by prohibiting the use of oats in distillation. This be had done by a proclamation, issued in October, in which he had exceeded the powers which the law allowed him; and the object of the bill he should move for, was to indemnify him for having done so. He trusted, the house would consider the conduct of the Irish government, on this occasion, rather as deserving approbation than censure, for the laudable attention it had manifested in providing for the support of the people. He trusted the house would not object to the measure, and he proposed, if the house should accede to his motion, to introduce into the bill a clanse to enable the lord lieutenant, or other chief governor of Ireland, to prohibit, for a certain time, by proclamation, the distillation of spirits from oats. He was aware of the effect such a measure might have on the landed interest, and the revenue, but he trusted there would be no difficulty or objection to trusting such a discretionary power to the lord lieutenant, who would have every inducement to forbear from the exercise of it. He should not trespass further on the house, but move, that leave be given to bring in the bill, &c. and the question being put, and the proclamation entered as read.

Mr. Francis did not mean to oppose the motion, though an enemy to every exercise of power contrary to law; he was inclined to approve of it in the present instance, where it had been evidently directed to secure the country from famine. The lord lieutenant, he thought, had acted right, and of the descriptions of power, the one proposed to be committed to him, by the present measure, was least likely to be abused. He should not be sorry if greater powers were given, or if the distillation of oats were altogether prohibited, for, he was confident, that much serious mischief was caused by the use of that pernicious liquor, whiskey, so made.

Mr. Corry took the opportunity of the hun.