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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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( Ftam , our oven Com ^ ondetaJ ^™ , - Deblm , Bio . fl . the caicios rax—ntfo Biraaitr or dbawu » 4 BC PEAS 45 IK— THB O ' caKKIiS AUD PDBUC OK-11 ¦*— OKOWIHO P . PBLAMSI OP M « o ' coKKOSBT H 02 X 0 M OF FAiaSB AHD K 1 IOEHCB — GM 3 HT liTE OP THB CAPITAL — DOIS 6 I OP TM WEAtTHT DtSlg TH IBB CAPITAL . No more need we Inquire , « iB there be another Co-rciea BiU for Ireland ? *» longer-are wa to Iir . o 2 taat the good sense of Englishmembera of parliament , ar the sUrn , unflinching , dogged resolution b ! Irishmei would be brou | ht to bear against those sua-nunarv tvrants who , instead of exerting their ef in
p . ^ era to remove the causa crime Ireland , % : rM afford adiitlonaiffteiiitics for the utter annihi . laiion of the IriBtt people in the land which God designed for th 6 m ; but . in whick , all fair and fertile as iii ? , the bigotry wd rapacity of the heari ! es 3 few have for long centuries made them poor , and paltry , and miserable . The Coercion Bill ias passed its first stage swimmingly , and it will pass every other stase until it finally bsceme 3 law . The Coercion Bill ! Oh no;—The'Preventien of CrimV Bill ! Bsii ! Never was there a more flagrant piece of ¦ fo'Iy . Never was there a more glaring blunder than teinppuse that this measure will even tend to the suppression of crime , or reconcile the starving rail-I'Oisofeiisperated Irish peasantry to the misrule
au « oppression under which they groan , and which the ? hare too long burnt with crawling , blind submission to the humbug tutelage of those who wonld fain persuade them that the resumption of Ireland and her wretched ptople from the . bondage of centuries , trere too d ' -arly purchased at the price of one drop of husian blood ! Bat blood has flawed , and blood will continue to flaw , and I rish earth will Effiake with the scattered . goraef our tyrants , and the cs : re ! ve plans of our enemies , though eren approved of and hailed by our ' moral force' leaders I will not cheek the assassin in hi 3 wild yearnings for vengeance , nor secure the exterminator in his career of tyranny and persecntlon . They will draft over more nil a ? , ; nd they will increase Use police or
const ^ ularya slianesin aH th ? sedUtiicts where such aid may be considered i ea ? ssary . Let them . Were every soldier beneath the British banner quartered In Msnster to-morrow , with fifty tlwusand additjoDal policemen at their bock , murders will still be rife at ever—and houses will faa fired— - » Hd cattle will be ' horned '—and bailiffs and agentsahofc at—and E -kite netices be issued—ind criow increase , and anareby pnvafl—until Ireland become a howling wilderness , or ample justice be administered to her troddca-down and maddened popaiation . They will disarm the peasantry ! Pshaw ! to those who areaeyiiinte ^ with the way they ' manage these things ' in Ireland , the veiy notion is ridiculous . Disarm millions of men wh « have always kept arm ? , despite
of law , and whoare determined not only ioleep them bit to iK « them too , whenever and wherever opportunity may servo , or revenge , or desperation dictite . Di ? ana us , forsooth ! It is impossible to do so . In many coses , no doubt , several stands ef arms may be wrested away ; bat I scarcely ever knew an I rhh peasant , whokept arms at all . who had not made provision against the recurrence of Coercion Bills acd dbarmingprocesses . Faddy , when Me deigns to register an eld gun or pittol , always makes sure to iiavea faney-bU , 'intha shape of an elegant fowlins-piece , or effective blunderbuss , or carbke , secu ; edhi « b . anddry , iithethatah of his cabin , or Itthind the hob , ' or * under a scraw , ' or in some other place of security , where tie prying eye of the
informers c : onot detectit—and where , in the event of - * ? . sdrjch' being initiated , the peeler would' never -flream' of Inding contraband fire-arms . Oh , bo ; the peasant cannot and will not be disarmed . '—he canfiof anl will sot bo coerced ! He may be crashed . and trodd n on , but he will sever again tamely submit to the enemy ; and I fearlessly say , that Coercion will , only arouse his want passions and add fresh impetus to histhirstings for bloodshed and revtogs in Dubl ' n , and all over Ireland generally , hawevc , th ; Coercion Bill , it 3 effects , and consequences , are almost entirely forgottea is the disquisitions and discess ] on 3 to which ite progress through parliament hf s given birth . John O'Connel ] , indeed , may well hang Ms head and bluth for the moment in which be
pledged himself to die on the floor of St Stepheas before another Goercioa Bill should be passed for his cosntry ! It is impassible t « describe the indignation of the Irish people at bis abject , slavish , conduction t ? at memorable night He—the souUsantkadtrofa nation . Oh ! tell it netin Gkthl-to lick the hand that laid new Etripes on his bleeding land , and bislaver with vile adulation the very men whom he had sworn to obstruct , and oppose , and defeat in their wicked career . Verily * we had little confidence in Jthn O'Connell , but nobody was prepared forsach cowardice and meanness as this . He , indeed , a leader *—a leader of a nation , singling for Hfe atd desih with sworn and inveterate foes .. Alas , ala ? , luck ess Ireland , whea will it please Heaven to give
thee rkadeb—aleader who wiil not desert thee for -filthypelfcerbarter . fop plaoe and patronage , every feeling of manhood , and honour , and patriotism ? How different from the paltry prevarications of John O'Connell . was the brave conduct ofFeargus O'Connor . And yet the latter gentleman hasb # n Calumniated and abused , and represented before the unenlightened classes of Irishmen , as a wicked politician , and a foe fothe hopes and prospeetseflreland ! But time , which proves . the truth or . fallacy of all things , has given Mr O'Connor an opportunity cf fihowmgoffbefore . Irelandand the world , how far he was deserving oftheoBprabrium so ' iBdustrioi'By poured oat en his character sad name . As I said » my last letter , the more respectable ; ortion of Iri . h-
men ,- wko were not interested in . keeping op that BPtem of : licmaoi , go long practiced by Irish " fivle'S , never gavecredjt to any accusation against Mr CO . aaoiy On the contrary , t ! ey looked on Mm a 3 . ° *? i 2 ^ . ** & **• energetic , and manlymwdedJrishmen alire and they now rejoice to find thin - -elves confiimed in their opinions . Mr O'Connoi ' snojlestandagainstftenew Coercion BiU , has earned goIJea opinions of bis ooantrj m « a ; and even those who hail thisatr cfoas mee at- as a boon , can * BottwMstgneeringattheshufilhg poltraoncry of JohnO'ConnelDretuseUiefaUmeedoftheir ap . ro DiUn to the unflinching opposition offered Wits progress by Mr O'Connor . Thereare many here who stia nope that the Irish members may yet pluckup a litUeweolnfeahd
, anoppof « , creditably , the further prpgiessrof ihisbilL Bat the majority have no reli--anreon thelarter secBtn oi Irish Repeal members in . tnepresentpwliament . Tbat there are a few 'good men sud true * in the 'Irish brigade , ' wo Save no doubt , but the feet is , the greater number of those wao obtained seats an Repeal principles at the late election , do sot enjoj the confidence o the well-informed and right-thinking olaesea of Irish ppliticiaxB . The lower orders , too , are learning to Tiew matters in their tree ooloars . They begin to asetbat they have been duped and betrayed , and tea feeling tends , (* y , probably in a greater degree tfcan their poverty ) to render them hopeless of the future , and reckless of crimeand the punishments
, and wiedn which it brings on their heads . But waetuer theCoerei . m BillpaMesinits presenter under a mitigated form , or not , or whether it bs accompanied by f remed « lmeasures / orotnerwiset certain it is , thatit will feu in its ostensible object ; and equally certain is it , that more : crime will be commtted and moreblood spilled in Ireland , during the present wiater , than has been in any other jear , at least , since the saDgninary 1798 . In themeamtima , whilst our enemies an forcing new fetters for our unfortunate land ; and whilst « ar pseado frietds and 'leadara * sic 'carelesslj smiliog '—if Bot ' at feme / at something more tangible , the woes of the country are inereasing , and the miseries , of the peasantry .- ; Dartieulariy in the
a ; Btti and west , exceed belief . The most harrowing dtfeuU are every bout being made yablie , and each sacweding day . witnesses new scones of horrifying ceatitution » mOJgst -the people . Pestilence rages fiercely as ever ; hen ^ er is striking down new victims ; the weather , till of late , mild and genial , grows dreary and bitter ; and we thousand of the JaVmrirg cusses rosmaTout , idle and half-starving , for the one' who eaa fiad temporary .-employment . The small faraicrs are even worae than the mere cottiers or labourers . They owe rents , which will In . forced from them though the life-blood should fbll-w . Tie tax-man ' s call must be responded to , or away goes pot or pail , or blanket , whilst the poor rate eoQeetor , flanked roond by s glittering serie * of peeler ^ bayonehi laasiaexorable ag Sbylock him ^ self . And to meet those nnmerouB and pressing claims the unfortunate farmer has no effect * nndtr thrfbky . " Eprytling is gone . Last harvest's ctod
udisposedOliongago . Sheep . ereuw . iorpig , there is not one . His family drags on a miserable existence on oat or barley-meal , mingled with turnips ; and when these means are exhautted , they must either die orgoseekrefoge totaepoorhouse , alreadj redolent of pestilence from eiowsive populauon . And yet the nhiga will coerce such a people ! But no . There is pleasure- * dark and terrific pltamre , probably—in the reflection that Cseroion in Ireland IS a ' mockery * and a ' delusion , ' and that th » Irish pgngar will not dia with ntaitraegleforring&i on those who look on his desolation without efforing any . olher reme ^ jr toai newlyoodifed Coercion Baia , additional police , and increased taxation on those who are this momeat nearly as dastitate of earthly means as were our primeval parents when driven naked and helpless from Eden , The condition of Bablin k not more cheering than that oi the rand districts . Everything looks ssdly .
c Bain ' s wheel la driring o ' er u ; our merchants and men of buiines ? are dwindling into hucksters , or on the thnehald ef insolvency , whilst thousands of artisans , and petrous who , a jear or two ago , were in good circumrtances , bow prowl about the streets , hearttas , hungry , and in tatters . Busings is at a standstill . Trade and labour can scarcely be said to exist ; and none appear actively employed except the shivering beggars who crowd the fchorooj > Mar « , or ths policemen who drag them away to the station-houses , that the streets titaj sot beflomeinipassable ffemtfleirnBfflberjand
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their importunity . * Such is Dublin at the present moment ; andVhat must bs her condition a year or two henie ? But I grow sick at the gloomy thoughts which proea on my fancy ; let us leek some gayer scene-some oasis in this oar Irigh waate , on which we aay dwell a moment in tranquillity , andsummen up our still remniniog fortitude , t » meet the evils which press around and about our cheerless way . Seldom has therejbeen a more magnificent concen in Dublin than the Lady Mayoress ' s ball which' came off' at the Mansion-house , on the night of Tuesday , 30 th u ! t . The company ( including the Lord
Lientenant , ths Countess Clarendon , and all the members of the Vice-Regal Court ) consiatsd of upward ! of 1 , 000 of the elite of Dublin society , with many a high and haughty name ' . from distant parts of theoountry . The arrangements were of the most princely and profuse style , and the whole affair reflects the highest eredit en the Lord Mayor , his worthy lady , and our eity in general . 'Tis many a year since Dublin saw sucb . a reunion of Irish fashion and beauty . It was a perfect fairy scene , and forcibly reminded the spectator of someofthe most daz £ ing 8 pe * tacle 3 described in Oriental story .
Another' great nighi for Dublin , ' or , at all events , for those concerned in the Theatre Royal , was the evening of Thursday , the 2 nd inst . It was a' command night' at that theatre , and for a period of ten or a doz-m years , there was not so full or brilliant a 'honse'in Hawkins-street . The Earl and Countess of Clarendon , with a gallant cortege , were there at an early hour . His Excellency was pretty well received , although there w-r « many a' hiss' and many a cheer for'Ireland' and 'Repeal , ' as the noble earl and suite proceeded to their seats . The piece chosen for
the occasion was' Much Ado about Sotting , ' in which Mrnnd Mrs Eean appeared , with much credit to themselves , and much satisfaction to the vast audience which greeted their appearance . It was altogether the talk' of the play-goers of Dublin during the week , and it is probable that for many a day to cobs , Mr Calcraft will not attract such another house to the Theatre Royal ; though , indeed , none can be more deserving of support from the admirersof the drama , than that very spirited and eaterprisine Gentleman . . ,: v . ; ¦ ¦ ¦ - ¦
It appears tbat our Corporation at its next meeting is to rescind an arrangement made some months ago , the object of which was to reduce the Lord Mayor's salary from £ 2 . 000 to £ 1 , 800 annually . Thisia as it ehould . be . The offioe of Lord Mayor is one attended with considerable expense and outlay , and could not be respectably or efficiently sustained with such a paltry siim as £ 1 , 000 a year . : Though as' advocate for prodigal expenditure , I am glad ef this resolution of the Dublin Corporation . With the present year , Mr Stannton . the proprietor of the Register , retires frem tha Mayoralty , and is to be succeeded by Mr Jeremiah Dunne , a native of the Queen ' s county , a gen t ' eman ef wealth and high respectability . Though pretty considerably advanced in years , he is
still living in ' eingle blessedness , 'but fame has it , that he is very shortly to lead to the altar one of the fairest and most accomplished of our metropolitan damsels . Mr Stannton , who retire ? , was deservedly popular during his year of office . He performed his duties entirely to the satisfaction of every class acd section of his fellow citizens , and his decisions were always looked on as upright and impartial . Our new repeal member , Mr John Reynolds , appears resolved to defend the laurels which he won at the late election . lie will not be bullied by threats , ncr tightened from the proud position he occupies , though his opponents bring gold , and bribes , and cerruption to their aid . lie is no craven , and we wish over here that those who affcet to be
themouthpiece oi Ireland , had only half the energy and spirit ol'Jshn Reynold * . If they had the Whigs would . ' nofc so on to smoothly with their Irish coercion project , nor wonld Mr O'Connor's minority be confined to the ' faithful few' whs constituted the glorious eighteen dissentients . A petition against the returns at the recent Dublia Election has been forwarded to the House of Commons , on the 3 rd inst ., resting chiefly on the grounds that the returning officer acted illegally , in not comtnen : ing the poll atthe hour named by law . There are several other objections , but this is the principal . The petitioners sre . John Me Eenca , town-councillor ; Andrew Cohill , Richard Russtll , and James Smith , freeholders of this city ; and the due recognizance * for theproseiution of the
petition were entered into on the 3 rd , before F . T , Porter . Esq , at the Head PoHcMffioe- by N . V . Maher . Esq . M . P ., and J . H . Thomas . Esq ., in the sum of £ 500 each . A highly respectable requisition has also been placed before the Lord Mayor , requestlag him to convene a meeting ef the electors and citizens of Dublin , to devise means for the support oi Mr Reynolds in his contest ; with his antagonists . Tha meeting I understand is to be held on Friday , the 10 th in&fcmt , at the Royal Exchange . It is said Mr Reynolds is resolved to stand to the last moment against his enemy , an ^ bas availed himself of the first professional talent in Ireland , for the straggle , Mueh interest is exeited by this affair , for it is expected that the contest will be unusually expensive and protracted . The meeting of 'Young Irelandera' at the Rotunda , oh Wednesday evening , was very thinly attended , There wu the usual quantity ot ^
speechmg , but the day is now arrived when deeds must be the test of sincerity , for Heaven knows we have had oratory until we are drenched with it The gnat obstacle in the wayof Yonng Irelandism' is , the want of some vigorous-minded energetic man , to direct its operations , and guide its progress through the many difficulties with which it has to contend . Many of the principles of the I rish Confederation are sound and wholesome , but the misfortune i 3 , that like good materials in the hands of unskilful or ignorant workmen , those sound ! a * d wholesome political principles remain a dead letter for the want of rome master-mind competent to reduce theory into practice , and control . the errors and absurdities into which the present ' ruling spirits' of 'Young Ire Inndism ' too ' often precipitate themselves ; thus making themselves odious to , and their principles distrusted by , the great hulk of Irishmen ..
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KiLLisa a Divaans . —Last week , In Netherton village , near Dudley , a mother killed her daughter , seventeen years of age , by stabbing her in the side with a red hot iron . On the day in question , deceased , whose name was Caroline Fivell , and her mother , who bears an excellent same in the village for her industrious habits , were at work in a shop making up nails . Deceased was careless of her parent ' s advice , and had been detected stealing pieces of iron to procure sweatmcats . About two o'clock she was at her work , when her mtther ' accused her of pilfering . Mere iron was missed , aid » he had something in her mouth which she was ' sacking . They bothibtcwie greatly excited ,, and she told her parent that it was a lie . ' .. This . exasperated the
latter to such an extent , that ^ she ! threw apiece ol red hot iron at her , and unfortunately' it ' penetrated the daughter ' s side to a fatal extent . The ' girl was immediately earned away in excruciating agony to an adjoining shop , and in the course of an hour she expired . At the inquest held on Thursday , Henry Smithrcan said he apprehended the mother by the b ! dside on which the deceased was lying dead . . She was in oreat distress of mind , and on being charged with the crime she said , ' Yes , I did it ; bat , 1 'H tell yon all about it . . My daughter is a very bad girl . We were at work at the shop , and I found she had been making away with the iron , ' and on complaining of her conduct , she used bad language to me . I was making a nail at the moment , and being in a 1
ereat passion I threw , thepiece of hot iron at her . I had not the remotest idea of hurting her to the ex « toot I did . '—Mr Mainwaring , a surgeon , said the iron entered under the right arm , and penetrated the Inng . —Verdict , ' Manslaughter' against' the mother , who was sent for triaL , ^ Makchxsifk . —Guiltt but Ac ^ DrriED .-7 Aj | ingular circumstance oecarred at the se ; sioHS . An indictment had been sent up to the grand jury'against a woman for dealing muBic , bat' deeming the evi < denes insufficient , they found no bi . l against her . Instead , however , of cutting the bill , as is the usual practice at this , court , the words , ' np bill' . were written upon the ihdictmen ^ and it was sent down uncut . The clerk of the peace did not observe the
words ' no bill , ' and the woman being called bp in her tarn was arraigned , pleaded guilty , and was sentenced by the recorder to six months' hard labour Shortly afttr she had been sent down to the New Bailey prison , Mr Beswick , the chief superintendent , remarked to a member of the grand jury that there had oot been a single case yet in which they had not found a bill The reply was , ' Yes , there has bctn one / and the case of this woman was nentioned . Thi 3 led to further inquiry , and the facts having been stated to the recorder , the leaned gentleman immediately sent an order for the discharge of the woman , who was so much affected on the intelligence , that she was immediately seized with hysterics , from whieb , however , she seedily recovered , and was , no leu to her surprise than delight , allowed to leave the prison at once . Two PbbsobsBubni to Death . —A shocking case occurred before day-break on Saturday morning last , at a house in St Mary-street , in which an elderly
and well-known Jewess , Mrs Toel , and her son , Henry Yoel , resided ; the latter having been discovered lying on the flooor of the bedroom burnt to death ; and tae former crouched down in acornerof the sameroom incapableof leaving it from the effects of the bums &he kid received . She was afterwards removed to the residence of her son in Qwen-streefc , bat she died on Sunday afterneon . 1 his sad catastrophe is supposed to have arisen from acandle hnvins by some accident ignited thecurtains of the bed in which Henry Yoel , sixty years of age , a oripple , and bed-ridden , was lying ; and that the injuries SBstained by Mrs Yoel , who is eighty-four years old , was caused by her efforts to rescue her eon . Attention was attracted to the room by . smoke being seen to iwue from the window , about seven o ' clock in the morning ; the window , it is sarmised ; having been opened by Mis Yoel to prer « nt suffocation .
Mao , says the Cleveland lU . S . ) £ erald , is a rea sonwg aaimal , who paints with the suntoamB , tra Y&a by steam , and taffirby lightning .
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MOHDAT Dec . 6 H 0 U 3 B OF LOKDS . — Dbmoh « utioss pkok thb Altai ih ItEtuD . —Lard PiBNHAK called the atten . tion of the Uouw to the denancintlon in Ireland of ctr . lain p « Hons from the altar , waoso assasiinatloa shortly afterwards follunred ; andaiked the gorernment if the ; had submitted to th » law officers of the orovta the qats . tion at to ths liability of the priests bo denouncing thesoanfortuaateindiridualx , and whether their opinion was that they were amicable to tha criminal law ; and if so wtethrr It was tBO intention tf the $ or « raa > ctit to initliute criminal proceedings sgainit them I
The Marquii of Lakidowne said that the Lord-Lieutenant had beta in communication with the law ofiltera of tBocroirain Inland , but ho . was then unable to say with what result . Xho Lord-Lleuttnant did not think that any powers . would ba neceieary to en&blo bits to check the « utrages which took place in Ireland but those sought for by the bill introduced into the House » f Commons by the government . He had every confidence tii-it jtttias would do their duty , and did not antici pate that government would feel itself ncomitated to ask far any greater powers than those already demanded from parliament . The Esrl of MAiHEaBoai thought the government were culpable in . not at once demanding such powers as would place the speedy restoration of tranquillity beyond all dtubt .
LordStiHUT complained of the iudistlnot character of the answers given by Lord Lansdowne . Tho qucstiens were plain and definite ; the direct incitements to murder held out from the altar and elsewhere , and the assassinations consequent on them , were also clear ; and it would twmost'satisfactory if the noble marqols had been able to say that these cases had been reported to the law officers ef the crown , and that prosecutions would ba instituted on the part of the government . If themeans of repression of such incitement were not to be obtained under the present statalof the law , thca be hoped the government would' set trust t » the existing tribunals far insuring justice , and that tho government
would not hesitate to take such steps as , even if they EhouW appear to violate constitatioBal liberty , would provide for ( wbat was of far greater importanct—the aeenrityof the . lire * of the Queen ' s subjects in Ireland , Lord Cahpbcll observed thatit would . t ) e . indiscreet to . give a specific answer to the question "' at ' present ; The Irish government would do its dnty , and lie thought it Inconvenient to ' embarrasi : it in the performance'of that "duty by questions prematurely asked . T he > law as it now . stood wai ample « uough to reach all parsons implicated in th * crime of . ' murder , and tbvir lordships might rely upon it that the law would be « n . farced . . .
Lord Bbodgdah and Earl Gbet followed ' briefly in the same strain , when the subject dropped , and their lordships adjourned . ' - . - ¦ ¦• ¦ ¦ ¦ HOUSE OF COMMONS . — Tha Speakee took the chair at the niual hour . . ; Mr Pi » eso « O'Cohkok presented petitions from Chorlton , Broughborougb , Kottingham , Korwich , and other places , praying for immediate measures of relief for Ireland , instssd of a Coercion Bill . , Cohhebcul Ceisis , —Major Beiisfobd gave notice , on the part of the hon . member for SUmford ( Mr Herriea ) , tbat on an early day he would move tha fal - lowing resolation : — ¦ That looking at the state of distress which had prevailed same time , and the general
feeling of distrust and alarm by which the embarrassments of trade bad been aggravated , it was the opinion of the house that ministers wera justified during the recsss of parliament in recommeuding the , Bank of England to rssUre confidence by a course of proceeding at variance with the restrictions imposed by the 7 th and 8 th Viet ., cap . 82 . That this hoase will resolve itself into a committee on the 7 th and 8 th Viet ., cap , 32 . Resolution to be moved in committee > - ' That it is « ipedient that the limitations imposed by the 7 th and 8 th Tict . on the . Bank of England , in relation to the issue of notes payable on demand , be suspended , subject to such conditions as may be provided by any act to ba pasaod hertafter for that purpose . '
Accidbmt at WioiH . —Mr Fe&bods O'CoHNOi asktd tko Secretary ; of State for the Home Department whether government bad taken any measures to relieve a number of persons who bad been in a perilous situation in a collitry at ' Wigan , caused by the overflowing of the Douglas , 8 irG . Geet said , that he had seen a report in the nowtpapera of the breaking in of the river , and it was supposed tbat there were six persons whose lives had been sacrificed , but no representations bad reached him from the owners of the colliery , or any of the workmen employed , or from any of their friends . He bad called for an Immediate report of this circumstance , in order to ascertain whether there was any neoessity to institute an infestation into the case alluded to—whether it had been caused by accident , or the want of proper precaution . As to the immediate measures for rescuing those persons , he believed tbat every measure had been taken tthichitwasin the power of human beings to adopt .
Ujdutioh in Switbebund . —Mr Osbobse inquired whether government had received information which would prevent , or render unntcf isary , any mediation , on the part of this country , between the contending par . tiesinSmtierlandi YiscountPAiiXEBSTON replied that information had biea received which showed that the civil war in Switzerland was In point ef fact at nn end . ( Hear , bear . ) Now , as mediation meant an intenposition botween two contending parties , it was evident tbat when there was an entTof contention there must also be an end of mediation . ( Hear , and a langh . ) Scottish Schoouustebs—Mr Baillie Cocibams gave notice of his intention shortly to move for a atleet committee to inquire into -the duties , emolument * , and present condition of schoolmasters in Scotland .
Appointment or Asjistant Babbistibs ( Ibklahd . )—Mr Fhaboos O'Cosho * begged to ask the right hon . gentleman , the Secretary for Ireland , if the luw offiosri of the crown hai been oonsulted in the appointment of ifr French and another gentleman , whose name w « did not catch , to tha offlea of assistant barristers ? 8 irW . SoH £ Bmi . B said that , not having bad nottco of the question . he was not able to give a distinct answer . Whea UrPrtnch was ' appointed he wai not in office , but he presumed th » lord-lisutenant ccnld make sueh appointments withoBt referenoe to the law officers of the crown .
Ckime a » d Odtbage in Ibelas » . —On the motion for the order of the day for the second r sad ing of this biH , ¦¦ - . , ,, ¦ = ,.. . Mr J . CCoHMELt said tbat , In the abBenoe of the has . member for Limerick , owing to severe indisposition , he rote to move the amendment of which the hon , member bad gives notice—viz . tbat the other orders of the day be read . He felt it to be bis inevitable duty to offer to this bill , in this and evsry other stage , bis determined opposition . ' Even if it were not that he had ' objections to several clauses of the bill ; he should feel obliged to oppose it , as government had not carried out their dec laratlons of bringing measures for the distressed state of Ireland bandla hand with those of severity and coercion . Ha did not soe how the government could escape the
cbargo of inconsistency , when their present policy was compared with that which they pursued In 1816 in reforeuca to Sir Robert Pool ' s coercion measure . -The government had no decent pretest for pushing this measure at present . They might have delayed its introduc tion till the regular session , and hare , in the meantime , stretched the ordinary law in Ireland to its utmost extent for tht preservation of the public peace . The hon . gentleman then dwelt at soms . length upon the subject of Irish grievance ? , tauntad the government with their fair professions and broken promises , warned them against listening to the insidious councils of Sir Eobert Feel , denied that the remedial measures which they had foreshadowed wera measures of radical relief , charged upon the land system of Ireland the origin of all its
disturban « P 8 , ' read to the house elaborate statements of distress in Ireland , and warmly apostrophised repeal as his only hope . He implored tke house at last to show some senseof the injury dtne to Ireland by depriving her of her own parliament . That step hadheen cruelly and criminally taken . Some members would not defend the wny in Which the Uiilon was carried , bnt h » ld that It ought to be regarded as an / ait amompll . and that they must make the best they could of it , and be ( Mr J . O'Oonnell ) therefore asked the legislature to discharge the duties 1 c bad usurped , - He put this question : How was it possible for Ireland to support her paupers . ! ' In 183 S the government commissioners stated that In that year there were 3 , 000 , 000 people it " . tltnte ; bnt what was the case now ? On the one bant ) ,
the capital of Ireland bad been materially diminished , and on the other hand pauperism had materially inereased ; and yet ,-though the capital was insufficient in IMS to support 8 , 0 * 0 , 018 , Ireland was now called upon , with a diminished capital , to support the 4 , 060 , 00 t of paupers wfcich now existed , in that country ; The net loss of capital by failure of the potato crop had been ad . raltted to be not less than £ 12 , 010 , 000 . Tbat amount had been increased by the loss of stock , cows and pigs , to that the deficiency of working capital could not be less than from £ 17 , oec 00 l to £ 18 , OIO , M 8 . now , then , in hsaTen ' s same , ' was It possible far Ireland to support 4 , < ll , fOI paupers at the present time t He aiked this country for mon » y , though he might be taunted for it . ( Laughter , ) He asked tbe government for money , and let them aft » iwards charge Ireland for it what they ebose . He had ntrsr yet seen lit that home any thought or consideration for Irish interest ! , ( Cries of 'Oh , oh , ' ) He rtpeatod that assertion coolly sad deliberately , and
declared that thflniensts of Ireland bad always betma . criflced to the Interests of Englanil , He bad been taunted with not bringing forward the question of the Repeal ol the Union by bis Htmesis in that house , Sir B . Hall . He was glad tbat that question was to ba brought forward to-morrow night by an English member ( Mr F . O'Connor ) , and pledged himself to prove , when it was brought forward , tbat England owed to Ireland more money than she had yet given to that country , ani that ia common jmtlct , it ought to make to Ireland large ad ! vancea . Irishmen ought ' net to be allowed to peritb whea an ad »» nce of Ja , « op , OflO or £ » , » 0 l , 0 s 8 would tare them from destruction . He did not wish t « parloy with the guilty man , but he called , on the government to do justice to the innocent men of Ireland , who were in danger of perishing by starvation , and , if proper precautions were aot ipeedlly taken , by f » rcr and cholera . It had been said tbat the gwtlemen , wto h » d fallen victims to these outbursts of revenge , had been in general good landlords and men of Iwnevolent character . He denied
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It , and , as an instanceI to the contrary , read a-letter from a person whom a member on the Opposition benches declared to be now in prisoH as an accomplice in the mar . d \* ef Mr Howe , acc « sih « that gentleman of very bnrsh oondBCktowa ' rds some of his tenantry . Sir 0 . rey , In the exerelae of what he deemed his duty , had on a former evening blackened the ch ' araelerbf tbe peasantry of Ireland . Ho , thoreforr , thought that it was bis duty to describe the crimes perpetrated by those in hi ^ h estate In Ireland , and to contrast them with those perpetrated by those in low estate . As they had heard of the sufferings of the victims of Irish outrage , it was only right tbat
they should hear something of the hardships which had led to that Outrage . After m » ny details on thataubjsct , he objected to this bill , because It was not accompanied by foed relief ; becauBO it was not accompanied by a settlement of the question between landlord and tenant ; and because it rendered the Lord-Liautenant a dictator in Ireland . He concluded by defending the Human Catholic clergy of Ireland from ' the calumnioa which bad been recently cast upon them , and by asserting tbat if it had not been for thtir pious exertions that country would have been , what it was not at present , an Acoli ' amaof blood .
MrPoWBB condemned a coercion bill for Ireland , unlest accompanied by remedial measures . He wished to see crime put down iy the strong arm of ttie law , but he thoug ht the existing law was amply sufficient for the purpose . If extraordinary powers were to be created for the purpose , ho'implored tho government to look at the character of the men who would havo to carry those powers into effect . Were they not the Irish landlords and magistrates , who generally had been taught to look UBOn their Celtic brotbren as an inferior race ! Surely * . ' * a . . « t . a
_ they were dangerous persons to be intrusted with BHOh authority . The bon . gentleman tfatn defeuded the Irish priests frem the calumnies which be said had been heaped upon them , and declared that they were active In their endeavour to prevent crime , rather than to encourage 'It . Ho proceeded to con tend that the R- > maa Catholic ' religion was noi"lucompatible with constitutional liberty , iastancingS pain , Portugal , a part of the United States of America , and , finally , the efforts of Plus IX . to give freedom to Italy , in proof of the assertion .
Mr Gb 4 ttan said he would support tbe measure of the government , because he thought tbe time had come when humanity required support in Ireland . ( Hear , hoar . ) He would support the bill for the honour of the Irish nation , which was tarnished by cowardly murders ( Hear , hear . ) His bon . friend the member for Limerick Introduced a great deal that waB irrelevant into the dlscusBlon . He talked of the wont ef assistance on the part of the government torolieve the distress and misery of Ireland , That was all very right , but the present was not the time for tbat question , ( Hear , hear . ) The question of distress had nothing to do with tbe question of crime aadoutrsge . A man starving would come to ask for bread but not to take away life , ( Hear , hear . ) If a man wanted to go to a relief committee ke
did not go with a pistol or a blunderbuBB , but with a oan for his soup , Hs thought that bis hon . friend had takes away from himself all ground fer opposition to the measure 'becanse he did not support the amendment proposed'in the address , on the ground that tbe right bon . gentleman ^ the Secretary for the Home Department , and the right bon . gentleman the Seoretary fer Ireland , declared that the people would be kept from starvation . He taw very little coercion in the present bill . ( Hear , hear . ) When compared with the measures of . 1814 , 1822 , and . 18 S 5 , it seemed to him to be a mitigated and a wretched—he would not abuse the bill he was going to suppert ~( langhter)—but he was surprised that his hon . friend did not see the almost Invisibility of the coercion
it contained , This could not be called an Arms bill , for it would only affoct those who would be likely to use them far the destructien ef human - life . - He thought It right ; when a murder was committed , that the people should pursue the guilty parties . ( Hear , hear . ) But he would go further than the bill for be would malcti the rich man go out in pursuit ns well us the poor man . ( Hear , hear . ) : If a man had property he ought to defend it , as wag done by Lord Be Freyn ? andMr Or ace , n ho armed their tenanU for that purpose . His hon . friend alluded to many points which deserved the serious attention of tbe government , espe . dally that which related to an amendment of tbe landlord and teuant law . The noble lord at the head of the
government declared , on the 2 nd of April , 1816 , that : no pcrten could contend that the relations between land * lord and tenant in Ireland were in a satisfactory state , and that such of the evils of the law as could be remedi ° d by legislation ought to be so remedied without dolay , for , by so doing , tfcey would Rmere ene of the gnat causes of crime la Ireland . ( Hvar , hear . ) That was a question which ought to be set at mt ; and , if tbe noble lord did not redeem his pledge , he would be prepared to join hisi hoR . friend in a vote of censure on the government . He thought the appointment of the Devon com mission was most mischievous , if the measures and recommendations it held forth wera not realise * , ( near , hear . ) Ths hon . gentleman thea referred to . the accusations which bad been made against the Romtn
Caiholio cltrgy , which . he pronounce * to be unfounded and calumnious . He knew of instances where theclergymvn of that church : v « re most active ia dissuading from crime ; and he could shew some threatening notices which had been sent to Roman Catholic priests , and even to Roman Catholic blshopa . Ha hoped tBattbs Lord Lieutenant would not wait for the present measnr * , but that he would pour police into tbe disturbed districts , which he bad tbe power of doing at present . The farmers of Ireland were tbamselvts mest anxioaj for this bill , ( near , henr . ) He was prepared to meet tkose cowardly assassins , not by a * order te prima and load , but to pressnt and fire . ( Laughter . ) Those were the orders he had given , and which enabled him to be there . He had received notices , and this was
tha way ho would meet them . It was due to the henour of the coustry—it was their duty as men , as citizens , and as Christians , to support the present bill . ( Hear . ) Sir 6 . Gbei said that the speech of the lion , gentleman who addressed the house cosfirmed the opinion with ] whlchhe rose , namely , that it would be unnecessary for him to appeal to the house to reject the motion proposed by the hon . member for Limerick . He felt convinctd not only that a majority of that bouse but tbat a majority of ths Irish members would not lend thimselves to a measure the i ffect of which would bo- ^ he would sot say to obstruct the further progress of the bill—but to obstruct the government nhen they came to discuss its principle and provisions , lie ruse principally to express his hope that those gentUmen who felt tbe
importance—an importance , which he could not himself too strongly impress upon the house—of promptltudr i > passing the measure , would not be led by the speech of the hon . member for Limerick and the bon gcDtlemai who seconded his motion into that wide field of discussion to which they had invited the house . He asked of thfm to abstain from tbat discussion not because be disagreed from the views ef the hon . gentleman , many of which were destrving of the consideration of the bouse , » ut because ths present was not tha time or the occasion for discussing them , no , therefore , hoped the house wou ! d allow the order of the day to be read , and on the motion for the second reading th 9 objections against the bill and the opinions of members upon it might be urged ; and at that Btage of it he would address a few words to
the house in explanation of some of its provisions , aud to remove misconceptions nhlok mightexist respecting It . With regard to the fetllog against Ireland entertained in this country , to which he referred , he totally denied that any such fteling . oxUtcd . ( Hear , henr . ) Hebe Iieved that the desire ef England and of every Englishman was , that Ireland should be virtuous , happy , prosperous , and contented . ( Hear , hear . ) But there was a feeling , a deep-seated feeling , in the minds of the people of this country against the unchecked progiess of crime , and the foul and dastardl y assassinations which occurcd in Ireland . ( Hiar . hear . ) That opinion was echoed by members on both sides of the bouse , from whatever portion of the empire they might come . Thijasked the house to consent to ' a bill to check the crime of
this dastardly , cruel , and secret assassination , which ivasa disgrace to any country calling itself Christian , and professing to be civilised . ( Cheers . ) He wonld not eiter into a defence of the proceedings of tho last pnrlia ment , nor refer to that series ef . act ) of parliament , whioh were conceived in-a Bplritof generosity , and he weuia add of justlco for the relief of Ireland , nor of the daye , weeks , and months , which had been spent with a vie « v to mitigate her distress . Neither would he enter iiito a defence of tbe conduct of the government . If the hori . gentleman thought them reprehenBiblej' let him' bring forward a substantial motion , fairly , , openly ; and hontBtly Impugning their administration towards Inr land . He would then meet it in . the tame spirit , and would be prepared : to abide by the opinieii of the house
But whatever opinion might be entertained cf the conduct of the government , let it not prevent them from considering a meaBurq ' immediately necessary for check : ing the , progress of crime in Ireland . ( Hear ) ' Mr FKARQB 3 O'Conho * said , that if he had the slightest notion that this bill of the right honourable baronet , as he could wish , would lead to a restoration of peace m Ireland , he would bo the last membar m that house . to pestpene the object which the right honourable gentleman had in view for a sincle moment , He was sure that the right honourable gen leman must have frequently eaid to himself whilst listening to the support of the honourable member for Meath ( Mr Grattan ) . 'Defend me from my friends . ' It had been the nmfortnne of Ireland
that those persons who undertook to represent her distresses , and her erievancea never could acree among themselves . n 0 would « ay of this House of l o ? o ^ , hatwhich ^ could not say of the house in 1833 , 1834 , and 1836 , thatif the Irish people owe j no further favour than this , it was a great oneafforded than had been given to this bill , and that probably would be misreprwenUd by some gentle men m thathouse . Let tt not be supposed that he was defending assassination while he was manly on Si 7 fT ^ hich he . co «? ° iontiously believed would lead to further assassmat on The hn « m »« wi
as ^ aySpsss ; s « si ^ Wilk ^ rIf" * J » now came forward to declare his determination to support themia tlicit
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present measure , simply because he had implicit reliance on their good intentions . ( Hear , hear . ) Anything more anomalous , more irrational ,, more contradictory , than this he had Beyer heard ., What did the honourable gentleman tell the house ?' he told them that s noble friend of his and an seqniijatnet of his had armed their tenantry , as under theprovi visions of the ordinary law they were entitled to do , and that this manifestation ef resistance was in itself sufficient to render recourse to extraordiaary law unnecessary . ( Hear , hear . ) Ha told yon that the man who went to the guardianforrelief , went with his car . for soup , his bottle for milk , and his bag for Indian men ) , but that he did not go with a pistol in his hand to demand those provisions . True , he did
not , as he only held a pistol in his hand when the Bpoiler came to deprive bim of those provisions , ( hear , hear)—and yet , though he has characterised this bill a 9 a mean , dirty , paltry , insignificant , rubbishy measure , and , although he bns shown the efficacy of the ordinary law , yot , nevertheless , be has that confidence in the good intention of the minister to induce him to give it his hearty support . Well now , let us see what those good intentions , or rather the expectation of them is based upon . The honourable gentleman tells you , that , on the 4 lh of April , 1846 , that is twenty months ago , the present ministers promised remedial measures for Ireland , and yet , though they have never seen the light , t ] ne honourable gantlemnn will vote for this measure from reliance upon thoso
good intention ? . It was easy to inveigh against the Irish people—it was easy to impute to a ^ Yhole nation the sli a me and criminality which was properly attachable only to the proceedings of a few ; but let those who slandered Ireland turn over the page of history , and say what other country presented such an instance ef patience and long suffering as she did . Last year alone , one million of her children fell viotiras to pestilence and famine , and sank into their cold grave without a murmur , almost without a groan . Some of the members of his onn immediate family , were amongst the most extensive landholders in Ireland . They were landlords , magistrates , and grand jurers , and were not afraid to walk through the country at all hours of the day and night .
Whenco arose this confidence ? Simply from . tfeo consciousness tbat they had discharged their duty , and had done nothing to place them within the range - of the red arm of the assays . ( Hear , hear . ) If , 8 , 11 other landlords and magistrates '; acted with equal propriety there would be security for . life ' in every' district' of , Ireland without exception , and therefore he wonld resist this aoandalons Coercion Bill io the last . It was unnecessary , and it was di » gracetujly tyrannical . Then could be no , excuse for introducing such a measure unless the ordinary resources of the ' law had be « n taxed to the , uttermoet ^ and taxed ' invaip , and un . less measures of a remedial and conciliatory charac ter had'been found to be inefficient io establishing
good order . The hon . and learned member for Meath admitted that the bill was a paltry , pitiful , despicable abortion , and yet he was prepared topivt it his warmest support . Would he be so ii the late ministry were now in office , and if it were brought forward under their patronage ? Would ho dare to do so if they wereVn the eve of a general eleetion ? He ( Mr O'Connor ) did not hesitate to prediet that the effect of the present bill would be to bring the ordinary law into ribrespect . Such had evcrbeen the operation of penal enactments . The' Lord-Lie utenant had not ( it was idle to say he had ) put the ordinary resources of the law into full play . Be had power to order a special commission when and wiser * he pleased , he bad power to change the
venueto select his own judge—a moat invaluable privilege when there was question of carrying the law / beyond its proper bearing- % ) appoint juries , and to command the written evidence of a policeman in cases ot criminal prosecution , where the case of the Grown broke down . All these great powers were vested in the Irish executive ia order to the repression ol crime and the assertion of the majesty of the law . Was it not the duty of theLord-Lieutecanb to take care that they had' all' been : tried , and tried in vain , before the Irish people ' were tebe given-to understand that they must regard themselves as outlaws who were put beyond tie pale of the ' constitution ? The right hon . baronet , the member for'Tamworth , had declared with a good deal of virtuous
indignation that he would not stop to parley with as ? asfina ; but was it not' worth his while to pause and inquire into the seeds of those crimes which se-exoited li ^ horror ? He had told the house how . he bad paid a reward of £ 2 . 000 . to the person who gave evidence to lead to tho detection of those who were engaged is a conspiracy to murder a respectable gentlemni in the . county of Tippe ' rary' some" yiare ago , but it was the very system which was ) tliua f . s ' eridand nurtured threughont Ireland that he ( Mr O'Connor ) now regarded with feelings ot such terror and alarm . He feared that the operation of the present bill wonld be simply this , that the cowardly man would suborn some desperate villain to commit a murder , and would then betray him and fly to the
Lord-Lieutenant for his reward , making treachery his qualification , ( Hear , hear . ) A contrast had been drawn between tho landlords of England and those ef Ireland . The two elasses were not to be compared . The good landlord was the exception in Ireland , whereas there was scarcely such a thing known as a bad landlord in England . In Ireland ; the tenants , subordinates , and dependants were all compelled to be subsidiary t » the folly , the insolence , and the pi ofligacy - of the landlord ; whereaB in England , let the landlord be ever so much distressed , the rights of , the tenttnt were still maintained inviolate . In England , if there arose a necessity for selling the landlord ' s estate , it passed into the hands of others'before the tenants
had been sacked and reduced to ^ oggary . The very reverse was the case in Ireland . The landlords , taken as a body , were heartless and profligate . The English 'Parliametkt had . by its legislation ,. encouraged them ia their heartlessness and profligacy , andfrom that seed sprang the briars'and thorns which now infested the land . All these agrarian-crimes ; grew out of and were perpetuated by ; tbe vioioiB princi p le on which was based tbe relation between landlord and tenant in Ireland . ; ( Hear , hear . ) Thin mar be taken as the truest pioture of Irish society , —the landlord was poor and . proud , too proud to work , and too poor to live without labour , and fearful of showing the decline in his position at home , he absconded from his-country , abandoned hisdU '
ties , and made some heartless middleman the medium of communication between him and the occupying tenant . ' This middleman waB a kind of land shopkeeper , who subdivided the large estate into portions , Buiting the wants of a needy ; agricultural population * resorting to frequent oustings as a means of frequent lettings , to extract fresh capital from the incoming tenant . This Bjstera exhausts tbe soil , impoverishes the landlord , enriohes the middleman , disorganises society , and makes the Irish people a burden upon English taxation . ( Hear , hear . ) . This spurious landlord becomes a magistrate , and has an interest in the absence c f the chief lord ; whose agent is a solicitor . Now , what hao this system led to ? To this , that tho ftttornics who have mortgages upon all
the estates in Ireland , induocd-by . the prospect of a larger amount of interest in railway speculation , have called in their monies , and rather than submit to the penalty of their own folly , the landlords take vengeance upon their unoffending tenants . ( Hear , hear . ) But the most singular circumstance connected with this discussion , has been the 'total absence of consideration ef the condition of the labourer . Will this house tell me ' what the' feelings * of the fond father raustbe , who loves his child ; » y , niore than tbe higher orders , because he looks to his child as bis comfort and Bolace , and the prop of Wb old age ? and wlmtiinust be the " feelings of that man ; who rises frem his loathsomo bed of straw , strong , able , ' and willingto work , with his native soil demanding his industry , and yet
disinherited by the tyrant lord ; branded , as a criminal by the law , and now to be hunted to death by a brigand police that hemay starve submissively without a murmuf . ( Hear ; hear . ) Yes , vir , this is rnv prin cipal objection to this mild- measure ; it-makes the aggrieved and the injured beat injustice submissively lest complaint should be construed into crime ; thus strangling liberty and sanctioning despotism . ( Hear , hear . ) Sir , Tpresume that most hon .- members in this house have seen the cartoon of the rickburner ia Phkch , where the disconsolate father with Lib attenuated arm clasps the wasting frame of big loved child , while the devil tempts him with the torch to destroy , in the hope of receiving through fear what has been denied to justice or refused te charity . In
England there did not exist the Eume inducement to commit those offences , and they therefore were unheard of . In England tbe people were fostered and cored for , in Ireland they were disinherited acd trampled on . There had been a long debate in that house on commercial affairs and the monetary pressure , but not one ' word had been aaid with respeet to the disastrous effect whieh the tightness in the money market had hod upon tltf fortunes of Ireland And yet there was no part of the empire which , had Buffered so cruelly . Almost all the eBtatesin Ireland were tow mortgaged . His only surprise waathat Ireland was so calm as she was . The rieht hon ba ronet the Secretary for the HomeXartmeS had made aa elaborate speech on- bringine ud his mdictmwt . ^ abst tne Irish peopled but SJf l i / de ifc > duty « ¦» »¦ «« tatioa of the state of things in that countryHe
. had not enumerated the wrongs and sufferings of the Irish people , he had not told the house of theirpiteous poverty , nor had he . while the financial ques . tion was under consideration , taken cccasiqn to illustrate its bearing on Irelni : d by mentioning this fact , that tho solicitor of the Provincial Bank of Ireland had entered no less than 800 declarations oh behalf of that establishment . But ,. to revert to the bill under discussion , be resisted it not so much because U was unconditionally stringent , as because the highest authorities who had written on such subjects kad been unanimous in declaring it as their opinion , tkat the effect of such penal enactments had ever beep , and must ever be , eminently prejudicial to the oharacter of the . community for whom they new enacted . To illustrate this position , and to show that laws of too great severity defeated their own object bj ; djrecting men ' s minds to the desire of mo .
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ation rathertfcan to the loreand practice of vn . uT '' the honour » We and learned gentleman read tb « r ?* lowing extracts ; - lu « wu Bbcoakia— On Crimes and Punishnunts . 5 th ed Crimes are more effectually prevented by the etrtak ¦ thin the severity of punishment . Ilence , in a msizistr , ! * tha necesilty of riuilance . and in a judge , of implnoaH ? lity , wbicli , thatit may become an useful tiriue sholiu be joined to a mild legislation , c . 27 , p . 94 . ' 0 UId Tbe countries and times most notoriouR for severity nf junishments were always those in wliich themo 3 tb ! ood » and iuhuman actions , and the mott atrocious ( rime « were committed ; for tha hand of the legislator and tha nssnssln w « ro directed by the game spirit of ferocity which , on the throne , dictatt . il laws of iron to slaves
ana savages , and in private instigated the subject to sacrifice one tyrant to make room for another . In proportion as punishments become more cruel , tho minds of men , as a fluid rises to the same height m that which surrounds it , grow hardened nnd insensible ; and the force of th » passions stiil continuing , in the space of a hundred your ? tho wheel terrifies no more than formerly tke prison ' That a punishmont may nroduce the effuct required it i 3 sufficient tlmt the evil it occasions should exceed the good expected from the crime ; including in the talcnla , tion the certainty of the punishment , and the prirnticn of the expected advantage . AH severity beyond this fa superfluous , and therefore tyrannical . —c . 27 , pp . 95 , 96 .
The punishment of a crime cannot be just ( that is no . ce . ^ ary ) , if tho laws have notendonvoured to ^ o-eueiit that crime b . T the best means which times and circumstances would allow . —c . 31 , p . 126 , Would you prevent crimes ? Let the laws be clear and . simple ; let tho entire force of the nation be united i « their defence ; l « t them be intended rather to favour orery individual , than any particular classes of men let tlia laws bo feared , and the laws only . The fenr of tha laws is is salutary , but the fear of mea is a fruitful aud futul source of crimes . —c . 41 , p . 157 . lie deduces the following general theorem : — A punishment may not be nn act of violence of one or of many against a private member of society , it should be public , immediate , nnd necessary ; the least possible in the case given ; proportioned to the crime , and deter , mined by the laws .- c . 17 , p . 170 . Montesquieu . —Spirit of Law ? . 1823 .
The geventy of punishments is fitter for despotic go . vornments , whoseprincipleis terror , than for a monarch y or a republic , whose spring i » honour and virtue It is a constant remark of tho Chinese authors , that tha more tho penal laws were increased in their empire , the nearer they drew towards a revolution It would be an easy matter to prove that in all , or almost all tha governments . of Europo , penalties have increased or diminished in proportion as those governments favoured or diseburaged liberty . —« . 9 , p . 79 . IfaniutonYeniency or abuse arises In the state , a vio * lent government endeavours suddenly to redress it , and instead of putting the old laws in execution , it establishes some cruel punishment , which instantly j-uts a stop to the evil . But the spring of gorornment hereby loses its elnsticity ; the imagination grows accustomed to tha severe , as well as tho milder , punishment , and as the fear of the latter diminishes , they are . soon obliged in every case to have recourse to the fwner Mankind must not bo governed with too much severity ; we ought to
malte a prudent use of the me-ns which nature has given us to conduct them . '' ' If no inquire into the cause of all human ' corruptions , w « shall find that they proceed from the impunity of criminnls and not from the modern * tien of punishment If there are some countries where men are deterred only by-cruel punishments . \ va may be sure that this must in a great measure arise from the violence of the government , which had used such penalties for slight transgressions . It often happens that a legislator desirous of remedying an abuse , thinks of nothing else ; his eyes are open to this object and shut to its inconv » nience . When the abuse is redrassed you see only the severity of the legislator ; ye * there remains » n evillnthestate . ' . thathaR sprungfrom this severity ; the minds of the peopla are corrupted and be . come habituated to despotism . —Book 6 , c . 12 , pp . 81 , 82 . There are two sorts of corruption ; one when the peopla do not observe the laws ; the other , when they are cor . rupted by the laws ; an incurable eril , because it is in tha very remedy itself . —Ibid , p . 83 .
BLiCKsTOSu ' s GOMUBNIARIKS—P . 17 . Sanguinary laws are a bad symptom of the distemper ofanystataor at lenst of its . weak constitution . The laws of the Roman kings , and the twelve tables were full of cruel punishments . The Porciaa law . which exempted all citizens from sentence of death , silently abrogated th > m ,. all . In this period the republic flourished ; under the Emperors severe punishments were revived j and thon . the empire fell . —Vol . 4 , p , 17 . Jeremy . Bknihau on the Rationale of Punishment . 1830 . . ¦ . ^ An error on the maximum side of punishment , is that to which legislators and men in general are natuall y ia . clined—antipathy , —or a want of compassion for intfivJ , duals , who are represented as dangerous and vile , pushes them onward to an undue severity . It is on this side , therefore , that We should take the most precautions , as on this side , there has been shown the greatest disposition to err .-P . 38 , B . 1 , c . 6 . .
The legislator should not introduce without a cogent reason , nny mode or lot of punishment towards which , any violent avewion is entertained by the body of the people , since it would be productive of useless sufferingsuffering borne notbj the guilty , but the innocent ; and among the innocent by the most amiable , by those whos « sensibility would be chocked , wlios * opinions would be outraged by the puniriinient , which would appear to them violont and tyrannical . The effect ' of such injudicious conduot on the part of a legislator would be to turn tha tide of popular opinion against himself ; he would lose tho assistance which individual * voluntarily lend to th » execution of the laws , which they approve ; tbe peo . t < le would not be his allies , but his enemies .
Some would favour tbe escape of the delinquent ; tha injured would hesitate to prosecute , and witnesses to bear testimony against him . By degrees a stigma would at . tach to those who assisted in the execution of the laws . FuUic dissatisfaction would not always stop f ; cre ; it would somutimes break out into open resistance to tha officers of justice , and the eseoution of such laws . Sue . cessful resistance would be considered a victory , nnd tha unpunished delinquent would rejoice [ over the ' weakness of tho laws disgraced by hit triumph . The unpopularity of particular punishments , almost always depends upon their improper selection . —B . 1 , c . 7 , pp . 50 , 51 .
Collective punishment , that is the punishment of large bodies ofmon for the delinquencies of a part of them , is justifiable only on the score of nwessity . Now , to prow this necessity , two matters of fact must be made to ap . pear ; one is , that tko guilty could not be punished with * out the innocent ; the other is , that the suffering of the innocent , when added to that of the guilty , will not , in the wl > ole , compo ! -en mass of evil more than equivalent to the benefit of the punishment . —B . 4 , s . 6 , p . 302 . The monarch , little afiVctod by sheep-stealing and petty pilfering , does not legislate till ha has rece ' ved general tcomplaints , and then does it with calmness and inipariality . But a merchant or squire go > s into the House of Commons , exasperated by the loss of hia broad-cloth , or the robbery of hi ) fish , aud immediately endeavours to restrain the crime ^ by severe penalties . Ilence It it , that ercry man judging that to be tho most deadly olFenc * by . which lie is himself a sufferer , the parliament has permitted the statute book to be loaded with the penalty of denth ior upwards of two hundred offences .
Notwithstanding this well-known disposition of human nature , so accustomed are we to rely on the efficacy of ssTtfe punishments , that In any discussion on repealing a ciminallaw , tho question in many men ' s minds al . ways is , not whether the offem-e is nctu . illy prevented by * hat law , but whether the offence is sufficiently grave to deserve tkat it should be prevented by ro eevtrea inethc ' . Ihe members of both Houses of Parliament still censult their own sense of this matter , instead of looking to that of jurymen . ' The question of secondary punishments is the most difficult of any . - The words of Mr Harmer , afford , per . haps , thu best rule shortly expressed on this suldeet .
: 'If I were nsked ' eaid this gentleman , in anexamina * tion before a committee of the ' House of Commons , ' what descriptlen of punishment would , in my opinion , be productive of benefit , I would answer , such . is might force the delinquent into a course of discipline wholly cpnosito to his habits . ( Idleness is assuredly a p « rt of his character , -which industry would counteract . Sit him to labour . He is probably debouched , and ehstinence would be advantageous to both his mind and his tody ; apply it . Ho hai been accustomed to dissolute companions , separation from whom nonld essentially aujtJi . orate him . '
With the . written lentiraenta of the author of tho last-named work he entirely conenrred ; but vasr , indeed , was the difference between Russell out ot ' office ! courting the favour and co-operation of tha Irish members , and the same perstnageseated on the throne oh ffice , and totally regardless both of Ire-! and and her representatives . The evidence adduced before ihe committee of thai hoiiar , which wasappointfcd to consider the question of introducing alterations in the criminal code , eloquently demonstrated the evil cfiect uf even constraining the ordinary law ; and yas it humane- ^ was it wise—at a moment when the Irish were again about to petition , not for bulltta but for , alasr-was it wise at such a moment , after one million of them had gone down to the cold grave , unpitied victims of pestilence and famine- *
was it wise , he asked , at such a moment , ior a ministry , with professions of liberality en thoir lips , to come . down and ask the assent of tho house to abill so vicious in priEciple , so inadequate in operation-a bill which the honourable and learned member ior Meath denounced , while he supported it , as pitiful , paltry , rubbishy , and despicable ? But was it to be vonderid at that Ireland should bo lost and forsaken , powerless and friendless as she was , when a gentleman sent to that house to represent ! not to eoeree her , betrhjed his trust , and turned round to invoke the good intentions of a government who ha admitted had invaribly deceived . invariably betrayed him ? It was true that one of the banes of Ireland was a poor and proud aristocraoy , who were & nlent to appeal to the bounty of England rather than pub
their shoulders to the wheel , and workout their ova salvation . But English legislation had made them what they werfc England had sown the seed—sba now must reap the harvest . English laws and English persecution were the causa of the vices ol the Irish people- their virtues only were their own . The Irish peasant , when he left his home and passed to a foreign land , was remarkable everywhere for his . industry , intelligence , and atal . lie took tha lion ' s sharo of tie toil whoever he might be cast . Ho was industrious in all lauds but bis own . Why was ho not so in his own ? ' Because there was a tyrant who ruled over him with a rod of man , and would not permit him to enjoy the fruit of his labour . The moment one of the peasant class became
industrious in Ireland , that moment he scaled as it were his own fate , and ruined fiif proBpeots . lie soon found , to liia cost that it waa lor anokhcr he was toil * ing , and not for liimself . Until this anomalous state of things wa » remedied , it was in vain to hope foe g'iOd order or tranquillity in Ireland . The ministry who would seek to rule Ireland , should take their stand upon some settled principle of right . Tbo present ministry did not reek to do that . They d » not hold power on sny settled principle . They wera indebted for it to the mere accident that certain parties who ought to be combined were disunited . Xi > 3 moment there was a prospect of those parties being reconciled and co-operating , farewell for eveitvtPS
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Untitled Article
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Citation
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Northern Star (1837-1852), Dec. 11, 1847, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1448/page/6/
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