sequence of the noble Viscount's leaving | repression of crime. At present it was office; but he deeply lamented that they almost impossible to obtain a conviction, should have so immediately followed his for the jurors were afraid of being shot if retirement-that these men should be they returned a verdict of guilty, and turned out of the country who had done therefore he would suggest to the Governnothing contrary to the laws, who were ment whether it would not be wise to import living at Pesth as peaceable and good into that country the Scottish system of subjects, and under the protection of the trial by jury. The Scottish principle he British Minister. Still if it were true that believed to be this, that, except in cases of on the 16th of December the noble Vis- high treason, a majority of the jurors could count did write a despatch containing convict. There was another suggestion he opinions contrary to those of the Cabinet, wished to throw out. He thought the and conveying to the French President's system of offering rewards for evidence Minister the sanction of this country was extremely mischievous. He need not and approbation of his measures, although say it was unproductive, because those rehe might certainly have been blame- wards were never applied for; but he would less for his opinions uttered at the first ask whether it would not be better to offer blush of the matter on the 3rd Decem- a settlement of land in Australia, for as ber, yet if he did that on the 16th, it did the law remained at present, no man could appear to him that the opinion of the take the money, and afterwards remain in House and of the country would be, that the country. He was speaking only of under these circumstances the Premier was the three counties now under the special justified in his dismissal. commission in the north of Ireland, for he was glad to say that the south of Ireland had never been so tranquil at as the present moment; but the "gentlemen of England who lived at home in ease could have no conception of the horrors that prevailed throughout these three counties. He would now touch lightly upon the points in debate, He was not, on the one hand, satisfied with what he must call the plausible explanation which the Premier had offered to the House. He looked upon the loss of the noble Lord (Viscount Palmerston) not only as a loss to the Government, but as a great national loss; but he could not, at the same time, entirely approve of the way in which the noble Viscount had ken of recent transactions in France. As a Member of the House of Commons, representing the great county of Middlesex, he could not go before his constituents if he were to remain silent when he heard a Minister of the Crown, or even a late Minister of the Crown, give a qualified approbation even to the late coup d'état in France. He did not want to add fuel to the flame which was already existing in this country; but he would say in the words of a statesman, though used under very different circumstances the great Lord Chatham MR. BERNAL OSBORNE said, the noble Lord the Member for Marylebone (Lord D. Stuart) had commenced his observations by some severe remarks on the speech of the hon. Baronet who moved the Address. He thought that whatever cavil might be taken at some expressions which were used by a speaker unaccustomed to address the House, still he thought the House would join with him in an expression of admiration-and a feeling of regret that the hon. Baronet (Sir R. Bulkeley) did not oftener mingle in the debates of the House, in which he was so well qualified to take a part. The course of the debate had been wrapt up, he might say, in one absorbing subject, which would almost make it look like impertinence to allude to any other point. But he felt there were other points which were equally interesting to the country. Mention had been made of the state of Ireland in Her Majesty's Speech, and he was rather surprised that not one Irish Member had got upon his legs to say a word in reference to that allusion. He wished to say a word in allusion to that part of the Speech where Her Majesty said it was not necessary to call upon the House for additional powers. Now, whatever his own opinion might beand certainly he was not likely to quarrel with Government because they did not come forward to ask for extraordinary powershe thought the House might consider whether, in the existing state of three counties in the north of Ireland, the present mode of trial by jury was adequate for the spo "Power without right is one of the most pernicious and detestable things which the human imagination can conceive. It is not only pernicious to the man who holds it, but it is most destructive to the people over whom it is held. It is, in short, res detestabilis et caduca." He concurred in that sentiment, and he in hoped there was not a man present who did not join him. He trusted that matters had not proceeded to such extremities but that process of time these differences might be healed, and that the noble Viscount would again join the Government of which he was such a distinguished and leading Member. MR. ROEBUCK said, he should be sorry if this debate arising out of the Speech delivered from the Throne passed with only a simple personal explanation. That Speech had travelled over a great variety of subjects, embracing almost every interest of the country, and after this statement, which the Chief of the Executive had made to the great council of the nation, he thought it unworthy of them that their discussion should turn wholly upon the question, why one nobleman had thought proper to dismiss another? But he desired, before touching farther upon that subject, to bring out of the discussion they had heard, some sort of moral, if he might so express it, as to the peculiar position which the Government was now in. It was admitted by the noble Lord at the head of the Government himself, and it was felt by every man in the country, that the position of affairs at home, in the colonies, and abroad, was in the highest degree critical. At the moment when they in England were on the eve of great administrative changes, there was a great want of energy, of firmness, of knowledge, of capacity, even in our common domestic administration, in addition to which we had in every colony discontent bordering on disaffection, and in some actual war; while on the Continent of Europe liberty was stricken down-representative government almost entirely abolished-despotism everywhere triumphant, and nothing in Europe which was not at the will of the persons in power there; and in England they were trembling, not with fear, but with anxiety, lest the peace of this great country should be invaded. Surely this was a time when they ought to scan narrowly, if not with severity, the power and capacity of those who were charged with the destinies of this country. It was at this critical period that the most marked person in the Administration-he around whom almost all the party battles of the Administration had been fought whose political existence had been made the political existence of the Government itself the person on whose being in office the Government rested their existence as a Government, was dimissed-their right arm was cut off-their most powerful arm was taken away, and at the critical time when it was most needed. He asked, what was left in the Government that should induce the House to support them? How did he judge of that Government? He judged of its future by its actual past. All now remaining, from the Prime Minister down to his most insignificant follower, he would call upon to answer for their acts to their country. The noble Lord's Government was, he thought, founded on a most unwise policy: the system of his administration, as far as its formation was coucerned, was that of a mere family party, while the just interests of the country were forgotten. The noble Lord seemed to select the faces with which he was most familiar, and the friends with whom he was most conversant, surrounding himself with those who no doubt were most near and most dear to him, but whose promotion was of little importance in comparison with the interests of this country, whilst they did not seem to know what was required. Dealing as they were with a representative government, the feelings of the representative body were of the highest importance. Now, he would ask any man in that House who had been in it for two or three Sessions past, if in reality there had existed a Government in that House? He wanted to know whether any one plan propounded by the noble Lord had been carried through; whether he had really had power over the House to carry, as a Minister, his measures through the various stages, so that there should be a unity of conduct, a firmness of purpose, and an understanding as to the principles that were to be enforced? He had seen the noble Lord commence the Session with a long parade of proposed measures, as in the last Session, which had fallen aside ignominiously. Take the subject of law reform: after having thrown abroad unreservedly his opinions to the country, the noble Lord had been unable to guide or control a single proposition. Had they not brought in one proposition after another, and no sooner brought them in than been frightened with their own work? In our colonies all was confusion worse confounded, and proposition after proposition was made apparently only to be abandoned. Turning again to those departments of the Government which depended on a knowledge of the ordinary rules of administration, he asked the right hon. Baronet at the head of the Admiralty, if the whole checked and uncontrolled, from one end machinery of the administration of that of the colony to the other, and outrages, board was not disgraceful to the country. spoliation and devastation reigned triWe could not send a ship to sea to take a umphant throughout Kafraria. Why was few hundred men to the Cape colony, but this? The discontent of the colony was the vessel stopped at Plymouth, because it itself created by the Colonial Office; but was so ill-found that it could not go on. had they done what was their duty, and [Sir F. BARING: Hear, hear!] He was abstained from first alienating the colonsure the right hon. Gentleman would set ists, sending out at the same time the him right if the statement he made was constitution as they desired, they might erroneous-[Sir F. BARING: Hear, hear!] have told the colonists to take care of -and as the right hon. Gentleman seemed themselves, in the full confidence that they prepared to explain that circumstance, he were well able to do it. They would then (Mr. Roebuck) would mention another have had no call for such a material of subject for him. He referred not only to war; the colonists would have been able the last steam-ship despatched from this to protect their own interests, and Engcountry with soldiers to the Cape, but also land would not have been called upon to a transport that previously made a for this large outlay. He wanted to voyage to the same destination, and not know why that colony had been kept in having three months' provisions on board, hot water for the last two years? Had was obliged to stop a vessel in her way, they allowed the colonists to govern and in order to obtain a supply. These were protect themselves, it would have been things of mere written engagement, mat- unnecessary to interfere with them. Then ters which a common clerk ought to be there were the whole Australian Colonies able to perform, and yet it appeared that in the same state; they accepted the conthe Admiralty was unequal to the task. stitution given them exactly as he said They could not build a ship but they they would-as a means of enforcing more, thought it requisite to cut her in two and the constitution given to them had afterwards; and, in fact, from the begin- been the means of creating and keeping up ning to the end of their arrangements, discontent, instead of allowing the inhabit was clear that a complete, search- itants to exercise their powers of selfing, practical inquiry was needed. He government. At home the whole adminasked if, in the annals of England, there istration of the law was in a state of great was anything more disgraceful to us as a disturbance; and he asked if it was fitting great and powerful nation than the Kafir for the Government to throw the subject war? Our proceedings throughout the abroad, and leave private individuals in whole matter had been disgraceful. In that House to take it up? Nothing was the first place, injustice attended our en- so mischievous as to keep the law in a trance into that country. Injustice having constant state of change. Even if they been perpetrated, it might have been ex- improved it, the mere fact that they were pected that we should at least have pro- keeping it in constant change was a great fited by our own misdeeds; but instead of evil. One of the most important parts of that, the pit of disaster into which we had the subject was the administration of the sunk appeared to be unfathomable. It was law, and at present the whole administrasaid that there were 10,000 of our troops tion of the courts of judicature might be at the Cape at present, and certainly it said to be in a state of dislocation. What was as fine an army for the number of was Government about to do on this great men as England could furnish, and no subject? Had they any comprehensive doubt we should find by and by, in the view-any great scheme? or did they increasing estimates, not for national de- mean, as in times past, to allow Gentlemen fences, but colonial expenditure, what it to bring in Bills to improve the constituhad cost us to send them there. What tion and procedure of the courts, and then was begun in injustice had been continued leave them to their fate? There was no in imbecility, and at the present moment more fruitful source of legislative failure hundreds of colonists we had sent out were than the inadequate preparation of the left unprotected, in danger of life, exposed measures, and the utter want of method to all the horrid cruelties which the sav- or arrangement for that object. It should ages of those regions could perpetrate, be the duty of a great officer of State, neither security nor comfort being known under an enlightened Administration, to to them, whilst the natives ranged un- review the comprehensive whole of the law VOL. CXIX. [THIRD SERIES.] F and its administration, applying to the to create an unhealthy panic, fancying details his master-mind and all his extension that we were about to be made the victims of views, instead of their having the mis- of an unlooked-for invasion, when at the chievous and perpetual meddling with the same time all that was required at the law which they had witnessed in the last hands of Government was calmness, pruSession. On the whole, he was justified dence, vigilance and caution. in saying that the noble Lord (Lord J. MR. NAPIER was anxious to ask atRussell) had not manifested any great tention for a very few minutes to that pordegree of capacity in his office; but they tion of Her Majesty's Speech which rewere told that there were no others to take lated to Ireland, because he did believe the Government, and that the Gentlemen that when that portion of the Speech was opposite could not do so. He was quite read in Ireland it would be received with willing to throw himself on the noble Lord; disappointment and dismay. One part of but at the same time he must express a the Speech relating to Irreland had rehope, that for the future some well-ma- ference to those three counties in the north tured scheme would be laid before them, where the recent murders had been comand that such important changes might mitted. Within the space of two or three not be left to Gentlemen who were only years there had been nine cases of murder trying their hands at legislation. There and attempts at murder, and in no one inwas one other important subject to which stance, as yet, had there been a conviction he wished to refer. The Foreign Affairs for these desperate attempts. A special of this country were a matter of the most commission had been issued, and for the delicate concernment. He should be sorry first time in his (Mr. Napier's) experience, if any expression of his could have the that special commission had proved an effect of adding to the dangers which he abortion. They read in the Speech that saw around; but though as a Government the attention of Her Majesty would be diand a Legislature they were not called rected to this most important subject; but upon to express their opinion upon the in the meanwhile, whilst they were theorischanges that had occurred abroad, yet as ing on this question, and considering what individual Members of a representative had best be done, a reign of terror preassembly, perhaps the most important in vailed, and the most estimable persons the world, he did not think they were tra- lived in constant dread of seeing the sancvelling beyond the bounds of their duty tity of their families invaded by the midin expressing in plain though guarded lan- night horrors of merciless assassination. guage their solemn disapproval, if not their Now, he had said from the first, that the indignation, at the extraordinary occur- remedy for this state of things was not to rences they had witnessed during the past be sought in any Parliamentary magic, but year. In dealing with this matter, it was in every man doing his duty honestly; and his fixed opinion that they had to deal with the most important thing to be done was a man whom no sanction held. He might to give the protection of the law to every be told that there was no danger of dis-one, and to bring all offenders to summary agreement between France and England after the revolution was settled; but he who could forget the most selemn obligations to his own countrymen was not likely to be troubled with scruples in dealing with others. It was clear that he would only consult his own interests in matters that regarded ours, and we should do wisely to be on our guard, not in any way whatever showing the most distant approbation of his proceedings, but following out strictly the rule we had laid down to ourselves not to interfere in the affairs of foreign nations and Governments. With the person himself we had nought to do; we saw his acts, and the dangers likely to result from them. He should be sorry to throw his countrymen off their guard on this subject, though at the same time he should be very sorry and condign punishment. A special commission had been issued by the Government of Earl Grey with the most distinguished success; but the present had proved quite abortive, and for reasons which he was not at liberty to go into; first, because the hon. and learned Attorney General for Ireland was not present: and, secondly, because, until the commission was brought to a close, it would neither be proper or constitutional to enter into any minute account of the circumstances. He wished, however, to point out to the House that these attempts were not directed merely against the gentry; the farmers were also the object of them, and one of the first of the murders that took place was that of a small farmer, named M'Taggart. When the first Rib He bon Act was passed, it included provisions out of the relations of landlord and tenant, making penal the possession of pass-words, and he could not exonerate the Governsecret signs, &c. But in the Act passed ment from all blame in reference to that last Session, those provisions had been question. In 1849 they brought in a Bill omitted, although under those provisions to settle the question of landlord and most of the convictions had taken place. tenant, and by doing so admitted all the What had been the consequence? Why, evils of the present state of things; but in Antrim a nest of these conspirators, towards the end of the Session they abanwho had been discovered with all the signs doned that Bill. In 1851 the same thing and pass-words, had escaped, and been occurred, and the question still remained discharged. Nor was this all; for twenty- unsettled. It was, therefore, to the Gotwo others, who had, conscious of guilt, vernment that the country owed the muchretired from that part of the country, re- condemned proceedings of the tenantturned. Thus the peaceable inhabitants league. The Queen's Speech alluded to were left at the mercy of these robbers a new Reform Bill for England. the law was powerless to protect them. should be glad to know if its provisions Why, the Government had actually shrank would be extended to Ireland? The noble from exercising their legal right of setting Lord might say that he gave Ireland a aside jurors. The prisoner had the right new franchise last year, and that therefore of challenging peremptorily twenty jurors, he (Mr. Roche) had no right to ask for and of course exercised that right to the Ireland to be included in the new measure. utmost; while the Government declined to But the state of things under the new exercise the right-for fear, forsooth, of franchise was most anomalous, For inthe odium which might be incurred through stance, the constituencies of the thirtyexercising it for the purposes of justice two counties of Ireland numbered altoand for the protection of life. And so gether 135,245 voters, and they had only noon-day murderers escaped conviction, sixty-four representatives, while the twentyand went abroad free. In one case the three boroughs (he omitted Cork, which of party accused had been let out on low bail, itself had more than 2,000 electors, from and escaped to America. If Parliament the calculation), with 5,349 electors, had did nothing, the lives and property of the twenty-three voices in that House. That loyal would be at the mercy of assassins of itself was a sufficient reason why Ireand conspirators. It was idle to talk of land ought not to be excluded from the the amendment of Ireland while life and Bill of the noble Lord. Whilst they had property were unsafe; and he called upon counties with 8,000, 10,000, and 13,000 the Government to demand the powers ne- electors, they had boroughs with one huncessary to execute the law. The Chief dred and fifty and even only seventy elecJustice of Ireland had justly said that if tors. Nothing could be more monstrous the law were executed, it would be suffi- than such a disproportion between the concient; but a law not executed was as bad stituencies of boroughs and counties. What as one insufficient. There must be a suf- could tend more to promote corruption and ficient law, sufficiently executed; and the misrepresentation than to retain the small Government must show itself determined borough constituencies in Ireland? to grapple with this dreadful system of thought, therefore, that there was crime, and resolve to put it down. ample case shown for extending any Reform Bill which might be introduced for England to Ireland. The mode of conducting Irish business in that House imperatively called for amendment. The present custom was to hang up Irish Bills during the greater part of the Session, and then, just at its conclusion, one-half of them were abandoned or partially carried out. The Medical Charities (Ireland) Bill was cut in half last Session, and, if he might be allowed the bull, the worst half given to Ireland. He would propose that they should have one night in the week for the discussion of Irish business, instead of prolonging the custom of dis MR. ROCHE said, that the fearful murders alluded to by the hon. and learned Gentleman who had just resumed his seat, were as abhorrent to him as they could be to anybody, and he was ready to consent to almost any sacrifice to put them down: but he could not agree with the hon. and learned Gentleman as to his remedies, which, if they were anything, meant that the Government should try again a system of coercion. Depend upon it, that broken reed would fail them, and they never would be able to cure the evil by coercive measures. It was agreed on all hands that the causes of these outrages arose He an |