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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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( Etna , our oven Correspondent . ) Debus , Dec . 6 . XT'THE C 1 E 1 _CI 0 K _BILL—IMPOSSIBILITY OF DISIBMII" ! _ m _ m _PEASASTKT—TB £ O _' CKHEIXS A * fl > . PUBLIC OFI-10 X 0 H — OS 0 WI 8 S p . P 0 L 11 ITI OF HS . O * C 0 * U" _0»—aeae _houoxs or _famse aud _KsraEsc **— oloomt Uim OF TH 6 C 1 PIT * L — DOISC 3 OP TBI WEAtTHX _n-OIXas IK THE CAHT _4 I .. J No mor e need we inquire , will th ere be another _JoJo-rcion Bill for Ireland ? No longer are we to topope thatthe good sense of EngUsb members of pariaiiament , _nr _theslern _unflinching dogged resolution if if Irishmen would be b-tmsht to bear against those sasanguioary tvrants who . instead of exerting their to remove the causes ef crime in . Ireland .
popowers wcwonld afford a -lditonal facilities for ths atterannihi-Matron of the Irish people in the and which God _dedeskned for tbem ; but , in which , aU fair and fertile asasit i ? f the bigotry ard rapacity of the heartless few hihave for long centuries made them poor , aud paltry , _atand miserable . The Coercion" Bill has passed its fiifitst stage swimminuly , and it will pass every other _ststat-e until it finally becomes law . Tbe Coercion BiBiil ! Oh ni;—The'Prevention of Crime' Bill ! BB » h ! Never was there a more flagrant piece of fofo ly . Sever was there a more glaring blander than tcto suppose that thia measure will even tend to the _scsuopression of crime _, or reconcile the Starving mil-Id o . s of _exisperated Irish peasantry to the misrule suand _oonrestaon nnder which they groan , and which
tlthey have _too long borne with crawling , blind sub-¦ amission to -the humbug tutelage of those who wonld f-fa ' n persuade them that the redemption of Ireland ai and her wretched people from the bondage of _centauries * were too . deariy purchased at tbe price of one djdrop of human blood ! But blood haa flawed , and b b ' ood will continue to flow , and Irish earth will s smoke with the scattered gore ef onr tyrants , and the c coercive plans of our enemies , though even approved c of and hailed by our ' moral force' leaders ! will not c check the assassin in his wild yearnings for veng geance , nor secure the exterminator in his career of t tynnny and persecution . They will draftover more t mi i ary , and they will increase the police or cons stabnlary auxiliaries in a'l _thisedittact * where such
* aid may be considered _necessary . Let them . Were ( every soldier beneath the British banner quartered 5 in Minister to-morrow , with fifty thousand addi-1 tional policemen at their back , murders will still be i rife si ever—and houses will be fired—and cattle will 1 be' houghed' —and bailiffs and agents shot at—and : _Rtfkitenatfces be issued—and crime increase , and , - anarehy prevail—nntil Ireland become a howling wili derness , or ample justice ba administered to her trodi den-down and maddened popalation . They will dis * ; arm the peasantry J Pshaw ! to those who areaci qqainteJ with the way they ' manage these things ' i in Ireland , the veiy notion is ridiculous . Disarm ; millions of men wh- have always kept arms , despite ' of law , and who are determined not only tokeep them
bit to use them too , whenever and wherever opportunity may serve . <> r revenge , or desperation dicttte . Disarm ns , forsooth ! It is impossible to do bo . In many case ? , no doubt , several stands of arms may be wrested away ; but I scarcely ever knew an Irish peasant , who kept armsatali , whohadnotmnde prevision against the recurrence of Coercion Bills and disannuls processes . Paddy , when he deigns to register an old gun or pistol , always makes sure to have a 'fancy-bit . 'in the shape of an elegant fowling-piece , or effective blunderbuss , or carbine , secured high and dry , in the thatch of his cabin , or behind the hob , ' or' under a scraw , ' or insome other place of security , where tie prying eye of the informers cannot ; detect it—and where , inthe event of
' a _search' being instituted , the peeler would * never dream' of finding contraband fire-arms . Oh , no ; the peasant cannot and will not be disarmed!—he cannot ani widnot be coerced ! He may be crashed and trodd- n on , but ha will never again tamely submit to the enemy ; and I fearlessly say , that Coercion -will only arouse his worst passions and add fresh _imietns to _histhirstings for bloodshed and revenge . In Dubl ' n , and all over Ireland generally , however , fin Coercion Bill , its effects , and consequences , are _al-nost entirely forgotten in the disquisitions and discussions to which its _progress through parliament hss given birth . John O'Connell , indeed , may well hang his head and Mush for the moment in which he pledged himself to die on the floor of St _StenheHs
before another Coercion Bill shoald be passed for his country ! It isimpossible _todescrile the indignation of the Irish people at Ms abject , slavish , conduct on that memorable night He—the soidisant leader of a nation . Oh ! tell it not in Gath . _'—to lick the hand that laid new stripes on his bleeding land , and beslaver 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 John O'Connell , but nobody was prepared for snch cowardice and meanness as this- He , indeed ,, a leader!—a leader of a nation straggling for life and death with sworn' and inveterate foes . Alas , alas , lack ess Ireland , whea will it please Heaven to give thee a _leadek—a leader who will not desert thee for
filthy pelf , er barter , for place and patronage , every feeling of manhood , and honour , and patriotism ? How different from the paltry prevarications of John O'Connell . was the brave conduct of Feargus O'Connor . And yet the latter gentleman hasbten cilnmniatedand abused , and represented" " before the unenlightened classes of Irishmen , as a wicked politician , and a foe to the hopes and prospects ef Ireland J But time , which proves the truth or fallacy of all things , has given Mr O'Connor an opportunity of showing off _before Ireland and the world , how far he -was deserving of the opprobrium so industriously poured out on his character aad name . As I said in my last let _11 r , the more respectable * ortion of Irishmen , who were hot interested in keeping np that vstem
s of zxcLtrs-o _*? , so long practised by Irish _leideis , never gavecredit to any accusation against Mr O'Oi nio _* . On the contrary , tLey looked on him asoie of the n- ost active , energetic , and manlymin < _* edlr ; _shmen alive and they now rejoice to find them -Ives confirmed in their opinions . Mr O'Connoi _' _anoilestandagainstthenew Coercion Bill , has earned gol Jen opinions ofhis _countrymen * , and even _tho-i ? who hail this ate cio is mea- or as a boon , canrot ( wh istsneering at the _sttuffla g poltroonery of JobnO'Connell ) refusethefu 11 meedof their _apjro bit * n to the unflinching opposition offered to its progress by Mr O'Connor . There sire many here who st ii i hope that the Irish members mav yet pluck up a little resolution , and oppose , creditably , the further pros ! ess of itis bill . Bat tbe majority have no relianceoa _ihehrger section of Irish Repeal members inthepresentpirliament . That there are afew good men and true' in the'Irish brieade _' we
nave no doubt , but the fact is , the greater number of those who obtained seats on Repeal principles at the late election , do Eot enjoy the confidence of the well-informed and right-thinking classes of Irish ? 0 iticiar _s . The lower orders , too , are learning to _Tiaw matters in their true colours . They begin to see that they have boen duped and betrayed , and th ' s feeling tends , ( ay , probably in a greater degree tban their poverty ) to render them hopeless of the future , and _reckle-s of _crimen and the punishments and mi-erf-s which it brings on their heads . But whether theCoercin Bill passes in its _presenter nndera mitigated form , or not , or whether it be accompanied by ' remedialmeasures / or otherwise , certain it is . that it will fail in its ostensible object ; and equally certain is it , tbat more crime will be comni tied aad more blood spilled in Ireland , during the present winter , than has been in any other year , at least , since the sanguinary 179 S . i
In the meantime , whilst our enemies are forging new fetters for our _i-nfortunate land ; and whilst our psendo friends and 'leaders' sit ' carelessly _8-niung * —if aot * at fame , ' at something more tangible , _the woes of the country are increasing , and the miseries of the peasantry , particularly in the south and west , exceed belief . The most harrowing details are every hour being made public , and each _succceduig d-y witnesses new scenes of horrifying destitution 4 _* noicst the people . Pestilence rages fiercely as ever ; _hun-jer is striking down new viotuns ; the weather , till of late , mild and genial , grows dreary and bitter ; and one thousand ofthe Ja _^ _nriig classes roam about , idle and half-starving _, tor the one who can find _temnnrarv _emnlnvmonfc .
The small farmers are even worse than the mere cottiers or labourers . They owe rents , which will to forced from them though the life-blood should loiiow . Tl e tax-man ' s call must be responded to , or away goes pot or pail , or blanket , whilst the poor rate collector , flanked round by a glittering series of _peden . _bayonetr , is as inexorable as Shylock himr ' _" ' Tu to ffleet * -- _numerous and pressing claims the unfortunate fanner has . no effects under the sky . Everything is gone . Last harvest ' s crop isdisposed of Iongago . Sheep , or cow , or pig , there is not one . His family drags on a miserable existence on , < _kmT or barley-meal , mingled with turnips ;
_anr ,- When these means are exhausted , they must either die or go seek refuge to the poorhouse , already redolent of pestilence from excessive population . And yet the Whigs will coerce such a people ! But no . There is pleasure—a dark ; and terrific pleasure , probably—in the reflection that Coercion in Ireland is a ' mockery * and a 'delusion , ' and thatthe Irish pauper will mt die with ; ut a struggle for _vengeu a on those wbo look on his desolation without offering any other remedy than ' newly-modified Coercion Bills , additional police , and increased taxation on those who are this moment nearly as destitute of earthly means as were our primeval parents when driven naked and helpless from Eden .
The condition of Dublin is not more cheering than that of the raral districts . Everything looks sadly . Rain's wheel is driving o ' er ns ; our merchants and men of business are dwindling into hucksters , or on the threshold of insolvency , whilst thousands of artisans , and persons who . a year or two ago , were in good circumstances , sow prowl about the streets , heartless , hungry , and in tatters . _Business is at a standstill . Trade and labour ean scarcely be said to exist ; and' none appear actively employed except the shivering beggars Who crowd the thorough-ares , or the policemen who drag them away to the station-houses , that the streets Bay not _becomeimpassaWe'fiom their numbers aad
(Etna, Our Oven Correspondent.) Debus, D...
their importunity . Such is Dublin at the present moment ; _and'what must be her condition a year or two hence ? Bat I grow sick at the gloom ; thoughts which press on my fancy ; let ns ieek some gayer scene—some oasis in this our Irish waste , on which we may dwell a moment in tranquillity , and Summon np our still remaining fortitude , to meet the evils which press around and about our cheerless way . Seldom hastherejbeen a more magnificent concern in Dublin than the Lady Mayoress ' s ball which' came off * atthe Mansion-house , on the night of Tuesday , 30 th ult . ' The company ( including the Lord
Lieutenant , the Countess Clarendon , and all the members of the Vice-Regal Court ) consisted of upwards of l . OOO ot the elite of Dublin society , with many a high aud haughty name'from distant parts of the country . The arrangements were of the moat princely and profuse style , and the whole affair reflects the highest credit on the Lord Mayor , his worthy lady , and our eity in general . 'Tis many & year since Dublin saw such a reunion of Irish fashion and beauty . It was a perfect fairy scene , and forcibly reminded the spectator of some ofthe most _daniHngspectaclesdeseribed in Oriental story .
Another' great night 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 dozen years , there was not so full or brilliant a 'house'in Hawkins-street . The Earl and Countess of Clarendon , with a gallant cortege , were tbere at an early hour . His Excellency was pretty well received , although there wre 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 Ifuch Ado about _Nothing , in which Mr and Mrs Kean appeared , with mnch . 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 come , Mr Calcraft will not attract such another house to the Theatre Royal ; though , indeed , none can be more deserving of support from the admirers ofthe drama , than that very spirited and enterprising gentleman .
It appears that our Corporation at its next meeting is to rescind an arrangement made some months ago , the object ot which was to reduce the Lord Mayor ' s salary from £ 2 . 000 to £ 1 . 000 annually . This is as it Bhould ibe . The office of Lord Mayor is one attended with considerable . expense and outlay , and could not be respectably or efficiently sustained with such a paltry sum as £ 1 , 000 a year . Though no advocate for prodiealexpenditure , lam glad ef this resolution of the Dublin Corporation . With tbe present year , Mr Staunton , the proprietor of the Register , retires from the Mayoralty , and is to be succeeded by Mr Jeremiah Donne , a native of the Queen ' s county , a gent'eman ef wealth and high respectability . Though pretty considerably advanced in years , be is
still living m 'single blessedness , but fame has it , that he is very shortly to lead to the altar oae of the fairest and most accomplished of our metropolitan damsels . Mr Staunton , wbo retires , was deservedly _pspular during his year of office . He performed his duties entirely to the satisfaction of every class and 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 . He will hot be bullied by threats , nor frightened fromthe proud position he occupies , though his opponents bring gold , and bribes , and corruption to their aid . He is no craven , and we wish over here that those who affect to be the
mouthpiece oi Ireland , had only half the energy and spirit of John Reynolds . If they had the Whigs would ] not go on so smoothly with their Irish coercion project , nor would Mr O'Connor's minority be confined to the ' faithful few' who ' constituted the glorious eighteen dissentients . A petition against the returns at the recent Dublin 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 commencing the poll atthe hour named by law . There are several other objections , bnt tbis is the principal . The petitioners are , John Mc Kenna , town-councillor ; Andrew Cohill , Richard Russell , and James Smith , freeholders of this city ; and the due recognizances for the prosecution of the
petition were catered into on the 3 rd . before KT . Porter . Esq ., at the Head Police-office , 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 , requesting him to convene a meeting of the electors and citizens of Dublin , to devise means for the support oi Mr Reynolds in his contest with his antagonists . The meeting I understand is to be held on Friday , the 10 th instant , at the Royal Exchange . It is said Mr Reynolds is resolved to stand to the last moment against his enemy , andfhas availed himself of the first professional talent in Ireland , for the struggle . Much interest is excited by this affair , for it is expected that the contest wiu be unusually expensive
and protracted . The meeting . of 'Young Irelanders * at the Rotunda , on Wednesday evening , was very thinly attended , There was the usual quantity ot' speeching _, ' but the day is now arrived when deeds mnst be the test of sincerity , for Heaven knows we bave had oratory nntil we are drenched with it . The great obstacle in the wayof 'Young 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 Irish Confederation are sound and wholesome , but the misfortune fs , that like goad materials in the hands of unskilful or ignorant workmen , those sound _^ aad wholesome political princinles remain a dead letter forthe want Of some
master-mind competent to reduce theory into practice , and control ithe errors and absurdities into which the present ' ruling _Bpirits * of 'Young Ire landism' too ' often precipitate themselves ; thus making themselves odious to , and their principles distrusted by , the great bulk of Irishmen .
Knxixg Adacguteb.—Lastweek, In Netherton...
KnxixG _aDacguteb _. —Lastweek , 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 Favell , and her mother , who bears an excellent name in the village for her industrious habits , were at work in a shop making np nails . Deceased was careless of her parent ' s advice , and had been detected stealing pieces of iron to procure _sweatmeats . About two o ' clock she was at her work , when her mother accused her of pilfering . More iron was missed , and she had something in her mouth which Bhe was sucking . They both btcame greatly excited , and she told her parent that it was a lie . ' This exasperated the latter to such an extent , that she t hrew a piece of red hot iron at her , and unfortunately it penetrated the daughter ' s side to a fatal extent . The girl was
immediately carried away in excruciating agony to an adjoining shop , and in the course of an hour she expired . At the inquest held on Thursday , Hemv Smith-nan said he apprehended the mother by the bedside on which the deceased was lying dead . She was in great distress of mind , and on being charged with the crime she said , ' Yes , I did it ; but I'll tell you all about it . My daughter isa very bad girl . We were at work at the shop , and I found she had been making away with tbe iron , and on complain * ing of her conduct , she used had language to me . I was making a nail at the moment , and being in a great passion I threw the piece of hot iron at her . I had not the remotest idea of hurting her to the ex * tent I did . '—Mr Mainwaring , a Burgeon , said the iron entered nnder the right arm , and penetrated tbe lung . —Verdict , - Manslaughter * against the mother , who was sent for trial .
Masch *» t _*? h . —Guilty : BCTAc " iOTTXia > . —A singular circumstance occurred at tbe sessions . An indictment had been sent up to the grand jury against a woman for stealing music , bnt deeming the evidence insufficient , they found no _bll against her . Instead , however , of cutting the bill , as is the usual practice at this court , the words ' no bill' were written upon the indictment , and it was sent down uncut . The clerk of the peace did not observe the words' no bill , ' and the woman being oalled up in her turn was arraigned , pleaded guilty , and was sentenced by the recorder to six months' . hard labour ! Shortly after she had been sent down to the New Bailey prison , Mr Beswick , the chief superintendent , remarked to a member of the grand jury tbat there
had not been a single case yet in which they bad not found a bill . The reply was , ' Yes , there bas been one , ' and the case of this woman was mentioned . Thisled to further inquiry , and the facts having been stated to the recorder , the learned 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 which , however , she . seedily recovered , and was , no less to her surprise than delight , allowed to leave the prison at once . Two _PeesohsBuknt _toDkath . —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 Yoel , and her son , Henry Yoel , resided ; the latter having been discovered lying on the flooor of the bedroom burnt to
death ; and the former crouched down in a corner of the same room incapable of leaving it from the effects of the burns she had received . She waB afterwards removed to the residence of her son in Queen-street , but she died on Sunday . afternoon . This sad catastrophe is supposed to have arisen from a candle having by some accident ignited tbe curtains of the bed in which Henry Yoel , sixty years of age , a cripple , and bed-ridden , was lying ; and that the in . juries sustained by Mrs Yoel , who is eighty-four years old , was caused by her efforts to rescue her son . Attention was attracted to the room by Btnoke being seen to issue from the window , about seven o ' clock in the morning ; the window , itis surmised , having been opened by Mrs Yoel to prevent suffocation . . . . ' . „ . ' . . _ j ... . . Man _. _wyBW _. C _^ el _^ _^ a reasoning animal , who paints with the sunbeams , travels bj steam , aad _Wb . by lightning , .
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Mohda¥R *D-.C..6. Y House Op Lords. -Idi...
MOHDA ¥ r _* D-. c .. 6 . y HOUSE OP LORDS . _-iDikuifCiinoNB fbok ths Altab in _Ieslahd . —Lord | Pia * "HAK called the attention of the House to the denunciation in Ireland of certain persons from . the altar , whose assassination shortly afterwards followed ; and asked the government if they bad submitted to the law officers of tbe crown the question as to the liability of the .. priests so denouncing these unfortunate individual * , and whether their opinion was that they were amenable to the criminal law ; and if so , whether it was the intention « f the government to institute criminal proceedings against them t
The Marquis of Lansdowne said' that the _Lord-Lieutenant had beea in communication with the law _offi-era of the crown in Ireland , but he was then nnable to say with what result . The Lord-Lieutenant did not think that any powers would be necessary to enable bim to check the _sutrages which took place in Ireland but those sought for by the bill introduced into the House of Commons by tbe government . Ue had every confidence that juries would do their duty , and did not anticipate that government would feel itself necessitated to ask for any greater powers than those already demanded from parliament . . - The Earl of _JlALHEaBray thought the government were culpable in not at once demanding such powers as would place tho speedy restoration of tranquillity beyond all doubt .
Lord Stanley complained of the indistinct character of the answers given by Lord Lansdowne , The _gufBtienB 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 be most satisfactory if the noble marquis had been able to say that these ca . es had been reported to the law officers ef tbe crown , and that prosecutions would be instituted on the part of the government . If tbe means of repression . of such incitement were not to be obtained under the present state of the law , then he hoped the government would not trust to the existing tribunals fer insuring justice , and that the government
wonld not hesitate to take such steps as , even if they shouH appear to violate constitutional liberty , would provide for what was of far greater importance—the se-, curlty of tbe lives of tbe Queen's subjects in Ireland . Lord Campbeil observed tbat It would be indiscreet ; to give a . specific answer to . the question at present ' . The Irish government weuld do , its dnty ; and be thought it Inconvenient to embarrass it in the performance of that duty by questions prematurely asked . The law as It now stood was ample enough to reach all persons implicated in tbe crime of murder , and their lordships might rely upon it tbat the law would be enforced .
Lord Brougham , and Earl _Gati followed briefly in the same strain , when the subject dropped , and their lordships adjourned , HOUSE OF COMMONS . —The Speaker took the chair at the usual hour . Mr Feaboos O'Connor presented petitions from Chorlton , Bronghborough , _Nottingham , Norwich , and other place * , ' praying for immediate measures of relief for Ireland , instead ofa Coercion Bill . Cohheeciai , Crusts .--Major _Bereefobd gave notice , on the part of the hon , member for . Stamford' ( Mr Berries ) , that on an early day he wonld move thefollowing resolution : —• That looking at the state of distress wbich had prevailed seme time , and the general
feeling of distrust and alarm by wbich the embarrassments of trade had been aggravated , it was . the opinion of the house that ministers were justified during tbe recess of parliament ia recommending the Bank of England to restore confidence by . a course of proceeding at variance with the restrictions imposed . by the 7 th and 8 th Vict ., cap . 82 . That this house will resolve itself into a committee on the 7 th and 8 th Yict ., cap . 32 , Resolution to be moved in committee : — 'That it is expedient that the limitations imposed by the 7 thand 8 ih Vict , on the Bank ef England , in relation to the _Isbuo of notes payable on demand , be suspended , subject to such conditions as may be provided by any act to be passed hereafter for tbat purpose . '
Accident at Wioah . —Mr _Feabgps O'Connor asked the Secretary ' of State for the Home Department whether government had taken any measures to relieve a number of persons who had betn in a perilous situation in a colliery at Wigan , caused by . the overflowing of the Douglas . j -Sir G . Gee- * f aid , that he had seen a report in the _^ newspapers of the breaking in of the river , and it was supposed that there were , six persons whose lives had been sacrificed , _bulno representations had reached him from the owners of the colliery , or any of the workmen employed , or from any of their friends . He had colled for an immediate report of this circumstance , in order te ascertain whether there was any necessity to institute an investigation into the cage alluded to—whether it had been caused by accident j or the want of proper precaution . As to the immediate _Measures for rescuing those persons , ; he believed tbat ' every measnre had been t-ken which it was in tbe power of human beings to adopt ,:
MibUTiOH in SwiizEBLiND . —Mr Osbobne inquired whether government bad received information which would prevent , or render _unnecessary , any _mediation on tbe part of this country , between the contending patv tiesinSwitrerland ! _^ " . / Y \ ' Viscount _PILHEBSTOK replied that information-had heen received which showed that the civil war iu Switzerland wat in point effect at an end . ( Hear , hear . ) Now , as mediation meant an interposition between two contending parties , it was evident that when there was an end of contention tbere must also be an end of mediation . ( Hear , and a laugh . ) '
Scottish _Schooihastebs—Mr . Baiuie Cochrane gave notice of his intention shortly to move for a select committee to inquire , into tbe duties , emolument * , and present condition -o | i . _choolmaster 8 in Scotland . Appointment op Arsistant _Bareistebs ( Iieiand . )—Mr _Feabods O'CotlKp-ii _^ ged to '' ask the right hon . gentleman , the Secretary for Ireland , if the law officers of the crown had been consulted In the appointment of Hr French and another gentleman , whose name we did not catch , to the office of assistant barristers ? Sir W . SoHEBVitlE said that , not having had notice of the _quesUon _. be was not able to give a distinct answer , Whea Mr French was appointed he was not in office , but he presumed the lord-lieutenant conld make such ap . poin & _nents without reference to the law officers of the crown . '; * Crime amd Outback ih Ireland . —On the motion for the order of the day for tbe second reading of this bill ,
Mr J . O'Connell said that , in the absents ofthe _hea . member for Limerick , owing to severe indisposition , he rose to move the amendment ofwhieh the hon . member bad given notice—viz-that the other orders of the day be read . He felt it to be hit inevitable duty to offer to tbis bill , in tbis and every other stage , his determined opposition . Eves if it were not that he had ' objections to several cianses of the bill , he shonld feel obliged to oppose it , as government had not carried out their dec Iarattont of bringing measures for the distressed state of Ireland hand in hand with those of severity and coercion . He did not see how the government could escape the charge of inconsistency , when their present policy was compared with that which they pursued la IMG in refo . reiice to Sir Robert Peel ' s coercion measure . The
government had no decent pretest for pushing this mea . sure at present . They might have delayed its introduction till the regular session , and have , in the meantime , stretched the ordlnarj law In Ireland to Us utmost extent for the preservation of the public peace , The hon , gentleman then dwelt at some length npon the subject of Irish grievances , taunted the government with tbeir fair professions and broken promises , warned them against listening to theinsldious councils of Sir Robert Peel , denied that the remedial measures which they had foreshadowed were measures of radical relief , charged upon the land system of Ireland the origin of all its disturbanees , * 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 injnry dene to Ireland by depriving her of her own parliament . Tnat step hadbeen cruelly and criminally taken . Some members would not defend the way in which the Union was carried , 'but held that it ought to be regarded as un fait accompli and that tbey must make the best they could of It , and he ( Mr J . O ' _Counell ) therefore aBked the legislature to discharge the duties it bad usurped . He put tbis question : How was it possible for Ireland to support ber pan . pers t la 183 S the government commissioners stated that in tbat year there were 3 , 000 , 000 people der . tltnte ; but what was the case now ! On the one hand , the capital of Ireland had been materially diminished , and on the other hand pauperism had materially increased ; and yet , though the capital was insufficient in
1836 to support 3 , 000 , 000 , Ireland was now . called upon , with a diminished capital , to support the 4 , 000 , 000 of paupers which now existed in tbat country . The net loss of capital by failure of the potato crop had been ad . ratttedto be not less than £ 12 , 000 , 000 . That amount had been increased by the loss of stock , cows , and pigs , so that the deficiency of working capital could not be less tban from £ 17 , OOC , 000 to £ 18 , , 000 . How , then , in heaven ' s name , was it possible for Ireland to rmpport 4 , 000 , 000 paupers at the present time * He asked this country for money , though he might be taunted for it . ( Langhter . ) He asked the government for money , and let them afterwards oharge Ireland for it what they chose . He had never yet seen la tbat house any thought or consideration for Irish interests . ( Cries of 'Oh , oh . ' ) He repeated that assertion coolly and deliberately , and declared that the interests of Ireland had always been sacrificed to the interests of England , He had been taunted
with not bringing forward the question of the Repeal of the Union by bis Nemesis in that house , Sir B . Hall . He was glad that that question w < _i 6 to be brought for . ward to . monow night by an English member ( Mr _F . O'Connor ) , and pledged himBelf to prove , when it was broHght forward , tbat England owed to Ireland more money than she had yet given to that country , and that , in common justice , it ought to make to Ireland large advances _. Irishmen ought net to be allowed to perish when an advance of £ 2 , 000 , 000 or £ 3 , 000 , 000 would save tbem from destruction . He did not wish ts parley with the guilty man , but he called on the government to do justice to the ianocent men of Ireland , who were in dan . ger-of periBhlog by starvation , and , If proper precautions were aot speedily taken , by fever and cholera . It had been said that the gentlemen , whe had fallen victims to these _ombur-ts of revenge , had b « en in general good landlords and men of benevolent charaoter . He denied
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it , and , as an Instance to the contrary , read a letter from a person whom a member on the Opposition _benchtt declared ' to be now in prison _•» an accomplice In the murder of Mr Rowe , accusing that gentleman of very harsh conduct towards someof his tenantry . Sir _Q . Grey , In the exercise of what he deemed his duty , had on a former evening blackened the oharaoter of tbe peasantry of Ireland . He , therefore , thought that It was _hlsduty to describe the crimes perpetrated by those in high estate in Ireland , and to contrast them with thoso perpetrated by _thossiulow estate . As they had heard of the sufferings that
of the victims of Irish outrage , it was only right they should hear something of the hardships which had led to that outrage . After many details on that subject , he objected to this bill , _becauso it was not accompanied by food relief ; because it . was not accompanied by a settlement of the question between landlord and tenant ; and because it rendered the _Lord-Lleutenant a dictator In Ireland . He concluded , by defending the Raman Catholio clergy of Ireland from the calumnies which had been recently cast upon them , and by asserting , tbat If U had not been , for their pious exertions that country would have been , what it was not at present , an Aceldama of blood . ¦
Mr Power condemned a coercion bill for Ireland ; unless accompanied by remedial measures . He wished to see crime put down by the strong arm of the law , hut he thought the existing law was amply sufficient for the purpose . " If extraordinary powers were to be created for tho purpose , he implored the government to look at tbo character of the men who would have to carry thoBe powerB into effect . Were they not the Irish landlords and magistrates , who generally had been taught to look upon their Celtic brethren as an inferior race ! Surely intrusted with such
they were dangerous persons to be authority . The hon . gentleman then defended the Irish priests from the calumnies which he said had been heaped npon them , and declared that they were active in their endeavour to prevent crime , rather than to encourage It . He proceeded to contend that tbe Roman Catholic religion was not incompatible with _constitutional liberty , instancing Spain , Portugal , a part ef the United States of America , and , finally , the efforts of Pius IX . to give freedom to Italy , in preof of the assertion .
: _MrGfiATTAN said he would support the measure of the government , because he thought . the time had come when humanity required support in Ireland . ( Hear , hear . ) He would support the bill for the honour ofthe _IrUhu nation , which was _tarnlthed _iby cowardly murders ., ( Hear , bear . ) His hon : friend tbe member for Limerick introduced a great deal that was irrelevant into the discussion . He talked of the want et assistance on the part of the government to relieve the distress and misery of Ireland . That was all very right , but the present was not the time for tbat question . ( Hear , bear . ) The question of distreis had nothing to do with tbe question of crime and outrage . 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 he
did not go with a pistol or a blunderbuss , but with a can for his soup , He thought tbat his hon . friend had taken away from himself all ground fer opposition to the measure , because he did not support the amendment proposed in the address , on the ground that the right hon . gentleman , the Secretary for tbe Home Department , and the right hon . gentleman the Secretary for Ireland , declared that the people wonld be kept from-starvation . He saw very little coercion inthe present'bUI . . ( Hear , hear ;) When compared with the measures' of 18 H _, 1822 , and 1835 , it seemed to him to be a mitigated and a wretched—he would not abuse . the bill he was going to support— ( langhter)—butbe 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 affect those who would be likely | to . use them for the destructian of human life . He ; thought it right , when a murder was oommltted , that -the people should pursue the guilty parties . ( Hear , jhear . ) But ho would go further than the bill for he wonld make the rich man go out in pursuit as well as the poor man . ( Hear , hear . ) If a man had property he ought to defend it , as was done by Lord De : Freyneand Mr Grace , who armed their tenants for that purpose . His hon . friend alluded to many points which deserved tbe serious attention of the government , espe . cially that which related to- an amendment of the landlord and tenant law . The aoble lord at the head of the government declared , on the 2 nd of April , 1846 , that no person could contend tbat the relations between
landlord and tenant in Ireland were in a satisfactory state , and that such of tbe evils of the law as could be reme . died by legislation ought to be so remedied withont delay , for , by bo doing , they would remove one of tbe great causes of crime in Ireland . ( Hear , hear . ) That was a question which ought to be set at rest ; and , if tbe noble jbrd , did not redeem hi- pledge , he would be prepared to join his hon . 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 were not realised . ( Hear , hear !) The hon . gentleman then referred to the accusations wbich had been made against tbe Roman Catholic clergy , which be pronounced to be unfounded
' and calumnious , He knew of instances where the der . _jgymiti of that church were most active in dissuading from crime ; and he could shew some threatening notices which bad been sent to Roman Catholic ipricst _* , and even to Roman Catholic bishops . He Ih _^ ped that the Lord Lieutenant would not wait for the ' present measure , but that he would pour police iato the 'disturbed districts , which he had . the power of doing at present . The farmers of Ireland ' were _. _theptiselves most anxious for this bill , ( Hear , bear , ) He was' prepared to meet those cowardly assassins , not by an order te prime and load , but . to _presentand fire . ( Laughter . ) Those were the orders he bad given , and which enabled him to be there , He bad received notices , aad this was the way he would meet them . It was due to the honour
ofthe country—it was their daty as men , as citizens , and as christians , to _suppert the present bill . ( Hear . ) Sir 6 . Obey said , that the speech of tha hon , gentle _, man who . addressed the house confirmed the opinion wltb | wblchhe rose , namely , that it would be unnecessary for him taappeal to the house to reject the motion proposed by the ; hon ' i member for Limerick , He felt convinced not only ; tbat a majority of that bouse but that a majority of 'the- Irish members would not lend themselves to a measure the effect of which would be—he would not say to obstruct the further progress of the bill—but to obstruct the government when they came to discuss its principle and provisions . He rose principally to express his hope that those gentlemen who felt tbe importance—an importance which he could not himself
too strongly impress upon tbe house—of promptitude in passing the measure , would not be led by the speech ofthe hon . member fer Limerick and the hon gentleman Who seconded his motion into that wide field of discussion to which tbey bad invited the' house . He asked of them to abstain from tbat discussion not because he disagreed from the views ef the hen , gentleman , manyo ' which were deserving of the consideration ofthe house , but because the present waB not the time or the occasion for' discussing them . He , therefore , hoped the house would allow the order ofthe day to be read , and on tbe motion for the second reading the objections against the bill and the opinions of members upon it mightbo urged ; and at that stage of . it he would address a few words to the house In explanation of some ofits provisions , aud
to remove misconceptions whioh mightexfst respecting lt . With regard to the feeling against Ireland entertained in this country , to which be referred , he totally denied that any such feeling > _xisted . ( Hear , hear . ) He believed that the desire ef England and of every Englishman was , that Ireland should be virtuous , happy , prosperous , and contented , ( Hear , bear . ) But there was a feeling , a deep-seated feeling , in the minds of the people of this _jjouatry against the unchecked _progiess of crime , and the foul and dastardly assassinations whicb occured in Ireland , ( Hear . hear . ) That opinion was echoed by members on both sides of the house , from whatever portion of the empire they might come . They asked the house to consent to a bill to check the crime of this dastardly , cruel , and secret assassination , which
was a _disgraceto any country calling itself ohriBttan _, and _nrofessing .. to . bo civilised , . ( Cheers . ) He would not . enter into a defence of the proceedings of ills ' last p & rlia ment , nor refer to that series of ' acts of parliament , which were conceived In a spirit of . genenwlty , and he would add of justice for the relief of Ireland , nor of the days , weeks , and months , which had been spent with a view to mitigate her distress . Neither would he enter iuto a defence of the conduct of the government . ' If the hon . gentleman thought them reprehensible , let him bring forward a substantial motion , fairly , openly , and honestly impugning their administration towards Ireland . He would then meet it in the same spirit , and would be prepared to abide by the opinion of the house . But whatever opinion might be entertained of the con .
duct of the government , let it not prevent them from considering a measure Immediately necessary for check . ing the progress of crim 6 in Ireland , ( Henr . ) , Mr Feargub O'Connor said , that if he had the slightest notion that this bill ofthe right honourable baronet , ss he could wish , would lead toa restoration of peace in Ireland , he would be the last , member in that house to postpone the object which the right honourable gentleman had in view for a Binele moment , He was sure that the right honourable gentleman must , have frequently said to himBelf . vf hilst listening to the support of the honourable member for Meath ( Mr Grattan ) , 'Defend me from my friends . ' It had been the misfortune of Ireland that those persons who undertook to represent her distresses , and her _erievances never could agree among themselves , He would say of this House of Common * that which he could not say of the house in 1833 , 1834 , and 1835 , that if the Irish peonle owe
H no _lurtner tavour than this , it was a great onethere never was a more patient hearing , at all events afforded than had been given to this bill , and that probably would ba misrepresented by some gentlemen in that house . Let it not be supposed that he was defending assassination while he was merely od posing a measure which ho conscientiously believed " weuld lead to further assassination . The _honourable gentleman , the member for Meath , had cencladed his speech by telling them that he would not waif t _* prime and load , but he would fire first and DrimA * i . A load afterwards . ( Laughter . ) The honourahPL ™ ber for Meath had himself proved to _SJSSirSiS ' had been guilty of the most scandalous _deScS of duty towards the people of Ireland . And vet with a spirit _ofperverseness _^ _Mh-toaU raHonrfSmmust appear utterly unaccountable _henowSfi _^ i _^ declare his _deta _^ _ttaMffiSrS
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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 never heard . What did the honourable gentleman tell the house ? 'he told them that a noble friend ofhis and an acquaintance of his had armed their tenantry , aB 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- extraordinary law unnecessary . ( Hear . hear . ) He told you that the man who went to the guardianforrelief , went with his car . for soup , bis bottle for milk , and his bag for Indian meal , 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 spoiler came to deprive him of those provisions , ( hear , hear ) -and yet , though he has characterised this bill as a mean , dirty , paltry , insignificant , rubbishy measure , and , although he has shown the effioacy ofthe ordinary law , yet , ' _cevertheless , be' has that confi . dence in the good intention of the minister to induce him to give it his hearty support . Well now , Jet us see what those goed intentions , or rather the expectation of them is based upon . The honourable gentleman tells you , that on the 4 th of April , 1846 , that is twenty months ago , the present ministers promised remedial measures for Ireland , and yet , though they have never Been the light , the honourable gentleman will vote for this measure from reliance upon those
good intentions . ' It was easy to inveigh against the Irish people—it was easy to impute to a whole nation the Bhame and criminality wbich was properly at . tachableonly 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 of patience and long suffering as she did . Last year alone , one million of her children fell victims to pestilence and famine , and sank into their cold grave without a murmur , almost without a groan . Some of the members cf his own immediate family were amongst the most extensive landholders in Ireland . They were landlords , magistrates , and grand jurors , and were not afraid to walk through the country at all hours of the day and night .
Whence arose this confidence ? . Simply ¦ from the conBcic _^ _usneBs . that they had discharged their duty , and had dohV nothing to place them within the range of the red . arm , of- the . assassin . ( Hear , hear . ) If . all . other landlords and magistrates acted witb equal propriety , there would be security for life in , every district of Ireland without exception , and therefore he . would resist this scandalous Coercion Bill tothe last , It was unnecessary , and it was _disgraceiully tyrannical . There could be no excuse for introducing such * measure unless the ordinary resources of the law had been taxed to the uttermost , and taxed in vain , and un * less measures ota remedial and conciliatory character had been found to be inefficient . in establishing
good order . The . hon . and learned , member for Meath admitted that the bill was a paltry , pitiful , despicable abortion _. andyet he was prepared to give 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 he dare to do so if they were 6 n the eye of a general election ? He ( Mr O'Connor ) did not hesitate to predict that the effect of the present bill . would be to bring tbe ordinary law into disrespect . Such had ever been the operation of penal enactments . The Lord-Lieutenant had not ( it was . idle to say he had ) put the ordinary , resources of the law into full play . He had power to . order a special commission when and where he pleased , he had power to change the
venueto select his own judge— -a most invaluable privilege when there was question ' of carrying the law beyond its proper bearing—to appoint juries , and to command the written evidence of a policeman in cases oi criminal prosecution , where the case of the Crown broke down . All these great powers were vested in the Irish executive ia order tothe repression of crime and the assertion of the _majeety of . the law , Was it not the duty of the Lord-Lieutenant to take care that they had all been tried , and tried in vain , before the Irish people were te be given . to understand that they must regard themselves . as outlaws who were put beyond the 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 assassins ; but was it not worth his while to pause and inquire into the see ' s of those crimes which so excited lis horror ? He had told the house how he had paid a reward of £ 2 , 000 . to the person who gave evidence to lead to the detection of those who were engaged in a conspiracy to murder a respectable gentleman in the county of Tipperary some years ago , but it was the very system which was [ thus ftB _' end and nurtured throughout Ireland tbat be ( Mr O'Connor ) now regarded with feelings ot such terror and alarm . He feared that the operation of the present bill would 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 . ( Heat , hear . ) A contrast had been drawn between the landlords of England and those ef Ireland . The two classes were not to be compared . The -good landlord was . the exception in Ireland , whereas there was scarcely . such a thing known ai a bad landlord in England . In Ireland , the tenants , subordinates , and dependants' were all compelled to be subsidiary ta the folly , the insolence , and the piofligacy of the landlord ; whereas in England , let the landlord . be ever so much distressed , the rights of' the tenant 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 beggary . The very reverse was the case in Ireland . The landlords , taken as a body , were heartless and profligate . Tne English Parliament had , by its legislation , encouraged them in their _heartlessness and profligacy , and from that seed sprang tbe briars and thorns which now infested the land . All these agrarian crimes grew out of and were perpetuated by the vicious principle on" Which was based the relation between landford and tenant in Ireland . ( Hear , hear . ) This may be taken as the truest picture of Irish society , - —the landlord was poor and proud , too proud to work , and too poor to live witbout labour , and fearful of showing the decline in his . position at home , he absconded from bis country , abandoned his
duties , and made some heartlesB middleman the medium of communication between him and the occupying tenant . This middleman was a kind of land shopkeeper , who subdivided the large estate into portions , suiting the wants of a needy ; agricultural population , resorting to frequent _oustings as a means of frequent lettings , toextract fresh capital from the incoming tenant . This system exhausts the soil , impoverishes the landlord , enriches the middleman , disorganises society , and makes the Irish people a burden upon English taxation . ( Hear , hear . ) This spurious landlord becomes a magistrate , and bas an interest in the absence of the chief lord , whose agent is a solicitor . Now , what has this system led to ? To this , tbat the attornies who have mortgages npon all
the estates in Ireland , induced by the prospect of a larger amount of interest in railway speculation , have oalled in their monies , and rather than submit to the penalty- of their own folly , the landlords take _venfeance upon their unoffending tenants . ( Hear , hear . ) lut the most singular circumstance connected with this discussion , has been the total absence of consideration of the condition , of the labourer . Will this house tell me what the feelings ofthe fond father raustbej wholoves his child , ay , more than the higher orders , because he looks to his child as his comfort and solace , and the prop of his old age ? and wbat must be the feelings of that man , who rises frem his loathsome bed of straw , strong , able , and willing to work , with his native soil demanding his industry , and yet diBinherited" by the tyrant lord , branded as a criminal by the law , and now to be hunted to death by a brigand police that he may starve submissively without a murmur . ( Hear , hear . ) Yes , sir , this is my prin ci to this mild
pal objection measure , it makes the aggnevedand the injured bear injustice submissively lest complaint should be construed into crime ; thus _Btranghngliberty and sanctioning despotism . ( Hear , hear . ) Sir , I presume that ' most hon . members in this house have seen , the cartoon of the rickbumer in _Ptmcir , where the disconsolate father with his attenuated arm clasps the wasting frame of his 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 refi . _sed te charity . In h-ngland tbere did not , exist the same inducement to commit those , offences , and they therefore were unheard of . In England the people were fostered and cared Tor , in Ireland . they , were disinherited and trampled on . There had been a long debate in that house on commercial libra and the monetary _pres sure , but not one wora had been aaid with respeet to the disastrous _tffect which the tightness in the money market had had upon the fortunes of Ireland
Ana yet there was no part ofthe empire which had suffered so cruelly . Almost all the _cstatesin Ireland were now mortgaged . His only surprise was that Ireland was so calm as she was . The right hon ba . _tf « ± ? eW _^ y f ° r the HomQ Depavtmen ; had wade an elaborate speech on bringine nn his indictment against tne Irish 3 e ! bu ? he had not made it his duty , as he was RS If the state of things in . that country . He Tri _Irr . " _^ wron 6 8 « 8 uff « ii > gs of the Irish people , he had not told the house of their oi-{ eons poverty , nor had he , while the financial question was under consideration , taken occasion toillustrateits bearing cn Ireland by mentioning this fact , that tho solicitor of the Provincial Bank of Ireland had entered no less than 800 declarations on behalf of that establishment . But , to revert to the bill wider discussion , , he resisted it not bo much because it was unconstitutionally stringent , as because the highest authorities who had written on such subjects had been unanimous _indeclarine it as their , _onini _™
that _tlHreffeot ol such penal enactments had ever _^*^ _« _t ever be , eminently prejudicial to the _oEi n . " * . _*? , e « _omn-unity for whom they were enacted , lo . illustrate this position , . and to show that laws of too great severity defeated their own object by _. _dwcoting men ' s minds to the desire of revo-
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lution rather than to the love and . practice of vi * - ' the honourable and learned gentleman read thn n ' lowing extracts :- ¦ _- '¦ ¦ ¦ : ¦ _-. ' . _- - — _: , 0 --Beccabu—On Crimes and Punishments , mi , _„> . , « on , ' _1804 . ' ¦ : ; ; 0 l et ! _--., Crimes are more effectually prevented , by tbe _eertal than the severity ot punishment : _Heiric ' e , ina magistral ' thenecesiity . ef vigilance , and in a judge , of _imnlacai !!' lity , wbich , that it may become an useful virtue _-wX bejoinedtoamildlegislation .- c . 27 , p . 9 i . , _inmi _- The countries and times most notorious for _severitvr . * punishments . were _alwajs those in which the _mostbloodi and inhuman actions , and the mott atrocious crim _. f were committed ; for the hand of the legislator and ihl assassin were directed by the same ' spirit of fe-ooihr which , on the throne , dictated laws of Iron , to slaves _anrf savages , and in private instigated the subject to _sacrlfic « one tyrant to make room for another . In proportion _« .
punishments , become more cruel , the minds of men , as a fluid rises to the same height as that which surrounds it , grow hardened and insensible ; and the force of thn passions st'il continuing , in the space of a hundred yearj the wheel terrifies no more than formerly tbe p riron ' That a punishment may produce the effect required it is sufficient that the evil it occasions should exceed the good expected from the crime ; ' including in the calcula . tion the certainty of the punishment , and the privation of the expected advantage . All severity beyond this * . superfluous , and therefore tyrannical . —c . 27 , pp . 95 , g-The punishment of a crime cannot be just ( that isn ' c _cesrsary ) , if the laws have not endeavoured to prevent that crime by the best means which times and circumstanc « g would allow .-c . 31 , p . 126 ,
Would you prevent crimes ? Let the laws be clear and simple ; let the entire force of the nation be united in their dtfence ; let them he intended rather to favour every individual , than any particular classes of men let the laws be feared , and the laws only . The fear ofthe laws is is salutary , but the fear of men is a fruitful and fatal source of crimes . —c . 41 , p . 157 . He . deduces the following general theorem : — A punishment may not be an act of violence of one or of many against a private member of society , it should be public , immediate , and necessary ; the least possible in the case given ; proportioned to the crime , and deter _, mined by the _laws .-c . 47 , p . 176 , Montesquieu . —Spirit of Laws . 1823 .
The severity of punishments is fitter for despotic go . vernments _, _whoseprinciplois terror , than for a monarchy or a republic , whose spring is honour and virtue ,, „ It is a constant remark of the Chinese authors , tbatthe more tbe 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 the governments of Europe , penalties have-increased or di . minished in proportion , as those governments favoured or discouraged liberty . —c . 9 , p . 79 . . . _Ifaninconveniencyorabuse arises in the state , a violent government endeavours suddenly to redress it , and instead of putting the . old laws in execution , it establishes some cruel punishment , which instantly puts a . stop to the evil . But the spring of government hereby loses its elasticity '' the' imagination grows accustomed to the severe , as well as the milder , punishment , and as the fear of the latter diminishes , they are soon obliged in every case to bave recourse to the former Mankind must not be governed with too much severity ; we ought to
make a prudent use ofthe me ns which nature has given usto conduct them .. If we inquire into the cause of all human corruptions , we shall find that they proceed from the impunity of criminals and not from the moderation of punishment ——— If there are some countries where men are deterred only by cruel _punistiments , we 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 ; hit eyes are open to this object and shut to its inconvenience . When the abuse is redressed you see only the severity , ofthe legislator ; ye there remains an evil in the _state , ' that has sprung from this severity ; the minds of the people are corrupted and become habituated to despotism . —Bonk 6 , c . 12 , pp . 81 , 82 . There are two sorts of corruption ; one when the people do notobserve thelaws ; the' other , when they are corrupted by the laws ; an incurable evil , because it is in the very remedy itself . —Ibid , p . 83 . , ¦
Biack 6 tonks Commentaries—P . ' 17 . •¦ y Sanguinary laws are a bad symptom of _the'distemper of any state or at least of its weak constitution . The laws ofthe Roman kings , and the twelve tables were full of cruel punishments . The Porcian law , which exempted all citizens from sentence of death , silently abrogated them all . In this period the republic flourished ; under the Emperors severe punishments were revived ; and tben the empire feU . —Tol . 4 , p , 17 . Jeremy Benteam on the Rationale of Punishment . 1830 . An error on the maximum side of punishment , is that to which legislators and men in general are natually inclined—antipathy , —or a want of compassion for individual ' s , 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 . G .
The legislator should not introduce without a cogent reason , any mode or lot of punishment towards which any violent aversion is entertained by tbe body ofthe people , since it would be productive of useless sufferingsuffering borne not by tbe guilty , but the innocent ; and among the innocent by the most amiable , by those whose sensibility would be shocked , whose opinions would be outraged by the punishment , which would appear to them violent and tyrannical . The effect ' of such injudicious conduct on the part of a legislator would be to turn the tide of popular opinion against himself ; he wonld lose the assistance whicii individuals voluntarily lend to the execution ofthe laws , which they approve ; the peolile would not be his allies , but bis enemies _.
Some would favour the escape of the _delinquent ; the injured would hesitate to prosecute , and witnesses to bear testimony against bim . By degrees , a stigma would attach to those who assisted in the execution of thelaws . Public dissatisfaction would notaIiray » - stop here ; it would sometimes break out into open resistance to the officers ofjustice , and the execution of such laws . Successful resistance would be considered a victory , and the unpunished delinquent would rejoice ' over the weakness of the laws disgraced by his triumph . The unpopularity of particular punishments , almost always depends upon their improper selection . —B . l , c . 7 , pp . 50 , 51 . Collective punishment , that is the punishment of large bodies of men for the delinquencies ofa part of them , is justifiable only on the score of necessity . Now , to prove this necessity , two matters of fact must be made to appear ; one is , that thc guilty could not be punished with * out the innocent ; the other is , that the suffering ofthe innocent , when added to that ofthe guilty , will not , in the whole , compose a mass of evil more than equivalent to the benefit ofthe punishment . —B . 4 , 6 . 6 , p . 302 .
The monarch , little affected by sheep-stealing and petty pilferinff , does not legislate till be has received general tcomplaints , and then does it with calmness and impariahty . But a merchant or squire _goas into the House of Commons , exasperated by the loss of his broad-cloth , or the robbery ofhis fish , and immediately endeavours to restrain the _crime"by severe penalties . Hence it is , that every man judging that to be the most deadl y offence by which ho . is himself a sufferer , the parliament has permitted the statute book to be loaded with the penalty of death for upwards of two hundred offences . Notwithstanding this well-known disposition of human nature , so accustomed are we to rely on the efficacy of severe punishments , that in any discussion on repealing a criminaUaw , the question in many men ' s minds always is , not whether the offence is actually prevented by that law , but whether the offence is sufficiently grave to deserve tbat it should be prevented by so severe a methoc _* _. The members of both Houses of Parliament still consult 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 , perhaps , the best rule shortly expressed on this subject . If I were asked ' said this gentleman , in an examina . tion before a committee of the House of Commons , ' what description of punishment would , in my opinion , be productive of benefit , I would answer , such as might force the dcliuquent into a course of discipline wholly opposite to his habits . | Idleness is assuredly apart ofhis cbnracter , which industry would counteract . Set him to labour . He is probably debauihed , and abstinence would be advantageous to both his mind and his body ; apply it . He has been accustomed to dissolute companions , separation from whom wonld essentially ameliorate him . '
With the written _Bentiments of the author of the last-named work he entirely concurred ; but vast , indeed , was the difference between Russell out of office , courting the favour and co-operation ofthe Irish members , and the same personageseated on the throne of office , and totally regardless both of Ireland and her representatives . The evidence adduced before the committee of that house , which was appointed to consider the question of introducing alterations in the criminal code , eloquently demonstrated the evil effect' of even constraining the ordinary law ; and was it humane—was it wise—at a moment when the Irish were again about to petition , not for bullets but for alms—was it wise at such a moment , after one million of them had gone down to the cold grave , unpitied victims of pestilence and
faminewas it wise , he asked , at such a moment , for a ministry , with professions of liberality _. en their lips , to come down and ask the assent ofthe house to a bill so vicious in principle , so inadequate in operation—a bill wbich the honourable and learned member for Meath denounced , while he supported it , as pitiful , paltry , rubbishy , and despicable ? But was it to be wondered at that Ireland should be lost and forsaken , powerless and friendless as she was , when a gentleman sent to that house to represent , not to coerce her , _betrnyed his trust , atid turned round to invoke the good intentions of a government who he admitted had . invaribly deceived _. invariably betrayed him ? It was true that one of the . banes of Ireland was a poor and proud aristocracy , who were content to appeal to the bounty of England rather than put
their shoulders tothe wheel , and workout their own salvation .. But EncJUh legislation had made them what tliey were ; England had sown the seed—she now must reap the harvest . English laws and English persecution were the cause ofthe vices ol the Irish people— their _vittues 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 zeal . He took the lion ' s share of the toll wherever he might be cast . He was industrious in all lands but his own . Why was he not so in his own ? Because there was a tyrant who ruled over him with a rod of iron , s _> e- _* would not permit him to enjoy thc fruit of his labour .
The moment one of the peasant class became industrious in Ireland , that moment he sealed as it were his own fate , and ruined his prospects . He ' 0 ? , _* found to bis cost that it was lor another he was tou * ing , and not for himself . Until this anomalous state of _thincs was remedied , it was in vain to hope tor good order or tranquillity in Ireland . The ministry who would _Beek to rule Ireland , should' take their stand upon some settled principle of rig ht , ite present ministry did not seek to do that . Tkej _dvt not hold power on _sny settled principle . They ""• cre indebted for it to the mere accident that certain W ' ties who ought to be combined were disunited . \ _W moment theco was a prospect of thoso parties WW reconciled and co-operating , farewell for ever to te 0
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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) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/ns3_11121847/page/6/
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