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the Roman Catholic prisoners.] M'Cluskey and O'Connor were the first to strike the drumming party. Those two men came forward shouting Kill them; we will kill them every one.' They struck all round them-every one that they could get a blow at belonging to the drumming party." The witness proceeded to say that he and another constable attempted to interfere. He then named other two principals, Loughlin and M'Girr, and then a third, Nogher, and gave distinct evidence of violence on the part of each. Nogher wasShouting that Lyle (a magistrate) was away from home, and that they had the town to themselves. The other defendants of the same party were all striking at each other, or throwing

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The witness then came to the names of the opposite party. He said

"I did not see Thornberry strike any one-on the contrary, he did all that he could to quell the disturbance. Reney only caught me. Dilworth did nothing. M'Ateer did nothing but beat a drum. Stewart did nothing whatever."

Thus this party committed no illegal act, but did what they could to check others, except one, who committed an assault, and was punished for it. Thus, man by man, the evidence proved the one party to be guilty, and on the other hand, man by man, the police constables testified that the other party had committed no illegal act. Yet the hon. Member spoke for an hour-and-a-half to induce the House to believe that the magistrates had evidence before them showing that all these men were equally guilty. In cross-examination, sub-constable O'Neill said

"The drumming party were conducting themselves quietly when going through the town. Heard no party tunes played. Saw no firearms with them, nor weapons of any kind."

The hon. Gentleman (Sir John Gray) talked of "armed Orangemen." Throughout the whole of this investigation the term "armed Orangemen" was never introduced. The witnesses always spoke of Protestants. That statement was completely confirmed by the evidence given by sub-constable Thackaber, who saw all the men who were convicted assaulting the drumming party. It appeared that Mr. Justice Keogh had made representations to the authorities, and, for his part, he would invite the fullest inquiry into the circumstances. But he could not help again asking honourable Englishmen and honourable Irishmen what was the reason for poisoning the minds of those who were to hear the evidence by a statement such as had been made to the House that evening.

Was it right to endeavour to induce the House to suppose, in opposition to the facts, that the magistrates, in dealing with men who were equally guilty, had committed all the Roman Catholics and had discharged all the Protestants. Was it by such statements as these that Ireland was to be regenerated? Was that impartial justice? Why should magistrates, when they made a distinction between the innocent and the guilty, be charged with having come to their decision in consequence of political or religious bias? He pitied the man who was capable of making such a use of his position as a Member of the House of Commons, and he trusted the hon. Gentleman's speech would have a very different effect from that intended. Some remarks had been made respecting the absurdity of people going about with bands of music, and he certainly did not think it a very wise thing to do; but a distinction must be drawn between what was sensible and what was legal. Unfortunately, there was not in Ireland so much social amusement as was desirable; and, consequently, the people were led into the habit of playing music in a manner which sometimes unfortunately resulted in a disturbance. Drumming on the high road was certainly legal, though he did not at all approve the practice, as it had a tendency to arouse bygone animosities. The House had been told that the Protestant party had been solely to blame; but no mention had been made of the most gross outrage of all, the breaking into the belfry at night by two Roman Catholics tolling the bells and rousing the whole country. The exponent of impartial justice, however, had not thought proper to allude to that circumstance, although having read the evidence, the hon. Member could not have been ignorant of it. He trusted he had made it plain to the House that the magistrates had acted in accordance with the sworn testimony given before them, without being influenced in any way by the fact of the accused being Protestant or Roman Catholic.

MR. SULLIVAN said, he would not have interfered were it not for the observations made by the hon. Member for Dungannon respecting Mr. Justice Keogh, which he would not allow to pass unchallenged. The hon. and gallant Member for Dungannon (Colonel Knox) said he was an Orangeman; but even that did not justify him in saying that the O'Connell procession in Dublin was illegal. He (Mr.

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Sullivan) would rather hear the opinion of a lawyer on that point. He would answer for Judge Keogh that he had not given instructions for his defence to the Chief Secretary for Ireland. Judge Keogh was not the man to intrust his defence to any other person and rested his defence on the due discharge of his public duties. He (Mr. Sullivan) defied hon. Members to point to any act of the learned Judge's judicial life that was not deserving of approval. The hon. and gallant Member for Dungannon should have quoted correctly the observations of the learned Judge. After the passage "keep within your homes, watch their movements doggedly, silently, determinedly," he should have added the words that followed-" and when they break the laws appeal to the laws of your country: they are able to protect you. Why did the hon. and gallant Member for Dungannon suppress that part of the Judge's observations? Was that the practice of the Dungannon Orangemen? Judge Keogh never advised that revenge should be taken by the Roman Catholics. [Colonel KNOX: The passage was read before by the hon. Member for Kilkenny (Sir John Gray)] That was not a fair way for the hon. and gallant Member to treat the House when the character of a distinguished Judge was assailed. By omitting the material and important part of the observations the hon. and gallant Member had misrepresented the learned Judge. Again, he (Mr. Sullivan) would repeat the words that were omitted-"when they break the laws appeal to the laws of your country, and they are able to protect you;" and he (Mr. Sullivan) hoped that these words of wisdom would reach the ears of the Dungannon Orangemen. The Orangemen of Ireland assumed to themselves a monopoly of loyalty while they did enormous injury to the country. They had no right to make such an assumption; there were as loyal men Roman Catholics in Ireland as any Orangemen. It was upon sworn informations returned by the magistrates from petty sessions that Judge Keogh made his observations. It appeared that 120 Protestants, with drums and fifes, with two horsemen in front, marched into Donoughmore, and an affray took place. It was said the constable could not identify them because they were strangers and came from another part of the country; but that was a miserable and unworthy quibble; and this patent fact stood out-every

Roman Catholic was returned for trial, and every Protestant was let off except the one man who struck the constable in the face. But no great credit could be given to the Tyrone magistrates for sending the Protestant to trial who struck the constable in the face. He thought this was a serious case, and so far from the Chief Secretary having instructions from the learned Judge, the matter would be investigated. But he (Mr. Sullivan) was not going to pronounce an opinion on the conduct of the Tyrone magistrates. That would become a subject of investigation by the Lord Chancellor of Ireland, who would no doubt deal with it fairly and impartially. But whatever might be the result of that investigation, he was convinced it would be found that the assault made upon that distinguished Judge, Mr. Justice Keogh, was wholly unjustifiable.

LORD NAAS: Four hours of the time of the House were never, to my knowledge, worse employed than they have been this evening. The Notice given by the hon. Member for Kilkenny (Sir John Gray) was perfectly justifiable, considering the remarks that have been made on the conduct of the magistrates from the bench. The hon. Gentleman having given notice of a question-which I was ready to answer at once-took the opportunity of delivering a speech to which I will not allude at length. The hon. Member delivered a speech characterized by the worst qualities that distinguished our debates in the worst period of our history. The only consequence it can produce is unmixed and unmitigated mischief. I am sure that the English Members who agree with the hon. Member for Kilkenny in political opinions will regret that he should have thought fit to go back forty years and rake up stories and public events which every true lover of his country must desire had never happened. The learned Judge who made the remarks to which the attention of the House has been directed stated that he intended to draw the attention of the Lord Chancellor to the conduct of the particular magistrate and of some other magistrates. I can only say, on the part of the Government, that up to this moment no such communication has been made. When such communication is made-as I have no doubt it will be made after the words that fell from the learned Judge-I can answer for myself and for the Lord Chancellor that a fair opportunity will be given

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for a full and impartial inquiry near the | the Motion for papers is uncalled for, and place where those occurrences are said to I hope it will be refused. have taken place. Every one who comes forward to take part in the inquiry and to offer the evidence they think they ought to offer will be heard, and then it will be for the Lord Chancellor and the Members of the Executive Government to decide upon the result of the inquiry. It would have been more generous and proper, and more suited to his position as an impartial Member of the House, if the hon. Member had waited until the inquiry was concluded It before making the remarks he did. would be unbecoming in me to offer a word on the facts. I know nothing of them beyond what I read in the newspapers; but I should be sorry on a newspaper report to make an attack upon persons holding the commission of the peace when their conduct is about to be submitted to an impartial and rigid inquiry.

MR. BAGWELL said, he thought it was the duty of the hon. Member for Kilkenny, or of some Gentleman on that or the other side of the House, to bring forward the question. He was not going to defend the conduct of Mr. Justice Keogh, who was as well able to defend himself as any man in the country; but on hearing such discussions in the House, he could not help thinking that it would have been a mercy if they had been born Turks. In the South of Ireland the Protestants and Roman Catholics were free to differ in religion; but these religious differences did not disturb the peace and harmony in which they lived. He regretted, as an Irishman, that these discussions should take place; and he believed that the parties on either side were equally wrong in forgetting, in their religious differences, that they were Irishmen, subjects of the same Queen, subject to the same laws, and living under the same Constitution. It was really distressing that such discussions Both sides of the as they had been listening to that evening take place. should House were equally guilty in stirring up At the same such debates, and it was unfortunate that such should be the case. time, he must confess that he thought his hon. Friend the Member for Kilkenny had done right in introducing the question which he had done that evening.

MR. VANCE: I have not risen to impugn the conduct of Judge Keogh, which I am sure was committed by him under an honest but mistaken impulse, but to defend one of the magistrates whom I know - Mr. Lyle and he is as incapable of committing an act of The way injustice as any human being. in which the hon. Member for Kilkenny brought forward this question reminds me of the observation of Madame Roland"Oh! justice, what crimes are committed in thy name!" The hon. Member did everything to enkindle animosities and inflame the passions of the people of Ireland. A few Protestants assembled together and chanced to be playing drums and fifes-without any insignia forbidden by law. They were unarmed, and were met by Roman Catholics. A riot ensued, and the rioters were not the Protestants. One of those Protestants committed an assault for which he was most severely punished by six months' imprisonment. The Roman Catholics who committed a riot were punished with one month's imprisonment. The result of the investigation will be, that the Lord Chancellor will be obliged to confess that no illegal act has been committed by the magistrates. He will, probably, add that the magistrate who had addressed him was not allowed by Mr. Justice Keogh to state the entire of the facts of the case. The bringing of the circumstances before the House is calculated to prejudice the judgment the Lord Chancellor may pass upon them. I think

MR. LANYON said, he regretted that the hon. Member for Kilkenny had brought that subject before the House, and had thought fit to indulge in the discursive observations he had made-particularly with reference to the riots in the town of Belfast. That hon. Member had made a most unjustifiable attack on the Orangemen of Belfast in saying that they had caused those riots. The Orangemen were The not the aggressors, and he denied that the disturbances were due to them. navvies and Ribandmen of the town began the greatest riot which ever took place in He believed, however, Belfast by attacking a Protestant school in Brown Street. that the partial administration of justice in Ireland sometimes created an irritation in the minds of the people. Illegal meetings had been held with bands and colours under the very nose of Government, and no notice was taken of them; while occasional petty processions of a few boys with banners had been punished with the utmost rigour of the law. The sooner the Irish

Members of that House forgot the violent too hasty in imputing to me what he party feelings displayed by the hon. Mem- calls improper conduct. No doubt he is ber for Kilkenny that evening, and united excited on this subject. [Mr. CONOLLY: to promote the substantial welfare and Not at all.] At all events, I think prosperity of Ireland, the better it would he was not entitled to impute improper be for their common country. conduct to me. I wish, Sir, merely to say that the hon. Gentleman is entirely mistaken in thinking that I passed any judgment upon the conduct of the magis trates. I do not know who they are. I said I should reserve my judgment until after the investigation, when we should know the facts of the case. When I said that these events were too common in the North of Ireland, I meant party demonstrations of this kind.

MR. CHICHESTER FORTESCUE said, he was glad to hear from the noble Lord the Chief Secretary for Ireland (Lord Naas) an assurance that the circumstances which had been brought under the notice of the House would be fully and fairly investigated by the Lord Chancellor of Ireland. The case just brought before them was one which not only justified such an inquiry, but rendered it absolutely necessary. Notwithstanding all that had been said by hon. Members, he thought they were indebted to the hon. Member for Kilkenny for having brought the case forward. This was not a case of a class totally unknown to them. He feared that although such cases were not so rife as they were once in Ireland, they were still too familiar in that country. Knowing, as he did, the impartial character of the learned Judge whose observation had originated the discussion, he was certainly of opinion that it would have been impossible not to have brought the matter at an early period under the notice of Parliament. He would not now discuss the matter; but when the promised investigation took place, he trusted the House would take proper cognizance of the case.

MR. CONOLLY said, it must be abundantly manifest to every one that the observations which had been made by the right hon. Gentleman who had just sat down must carry very different weight to those of an ordinary Member, when it was remembered that under the late Government he filled the high and responsible office of Chief Secretary for Ireland. Those observations were of the gravest character. The right hon. Gentleman had said that the case now brought under their consideration was only one of many with which they were familiar. Such a remark, coming from one of his high authority, was most improper. So far as he (Mr. Conolly) could recollect, no such imputation as the present had been made against the Irish bench of magistrates during the whole time the right hon. Gentleman was Chief Secretary. When the investigation took place, it would be found that the magistrates would be thoroughly exculpated.

MR. CHICHESTER FORTESCUE: The hon. Gentleman opposite has been

MR. SERJEANT BARRY said, that the observations which had fallen from the hon. Member for Belfast (Mr. Lanyon) had taken him by surprise. The hon. Gentleman said that the Orangemen of Belfast had been unjustly charged with being the originators of the Belfast riots.

MR. DENT: Sir, I rise to order. Have the Belfast riots anything to do with the question now before the House?

MR. SPEAKER said, that the observations were not out of order.

MR. SERJEANT BARRY said, that the Belfast riots of 1864 had been made the subject of a Government inquiry, of which he was the senior Commissioner, and that that Commission had affirmed that the riots were caused by the wanton and unprovoked assault of the Orangemen upon their inoffensive Roman Catholic fellowsubjects. Since the subject of Orangeism had been introduced into the debate, he ventured to express a hope that before the present Session of Parliament closed the question of the future existence of that society would be brought specifically before the House. He believed it would be well if Her Majesty's Government would take the subject in hand, and would propose the abolition of that most mischievous society. He could assure them that although by so doing they might lose the support of some hon. Members, they would be compensated by the general support of the people of Ireland. Every Member of the House who knew the judicial character of Mr. Justice Keogh would admit that he was not more conspicuous for his ability than for his strict impartiality.

SIR WILLIAM VERNER said, he felt it to be his duty to stand up in defence of a body of men who had rendered the greatest possible service to their country. He was proud to say that he was a mem

tion between Roman Catholics and Protestants;

ber of that body. And he could with so far back as 1813 by Lord Castlereagh, confidence state, after an experience of subsequently by Mr. Canning, Sir Robert nearly sixty years, that he knew of no act Peel, and Lord Derby himself. He had committed by the Orangemen of Ireland hoped that after all this no member of which he should be ashamed to acknow- the Orange body in that House would ledge. Great fault had been found with be found avowing his connection with them for the last few years for going in it, and that the good sense and better procession. Now he would state what feelings of those who represented that part he knew from his own actual know- of Ireland would rather have lent the ledge on that subject. He acted on one weight of their influence and authority in occasion with General Lake, who led putting an end to that mischievous organupwards of 30,000 men, with his (Sir ization, which by dividing against each William Verner's) father at their head, in other fellow-citizens of the same country, the district with which he was connected, so tended to hurt and weaken the power when all the loyal inhabitants, men, of the Empire at large. This course women, and children, turned out to meet might render it necessary to take the sense them. He defied any person living to of Parliament again on the question as to mention a single instance in which the whether such a society ought to be allowed Orangemen had ever attacked or insulted to exist, and whether it did not poison any man living. He would tell hon. the administration of justice in the North Gentlemen opposite what was once said of Ireland, and shake the confidence of to him by Mr. Daniel O'Connell. He said- the people in that which it was of such "I know your tenantry as well as you know consequence they should have faith in, them yourself; I have heard from your Roman that any injustice being suffered from, Catholic tenants that you never make any distinc- could and would be remedied by an imand although you and I differ as much as any two partial administration of the law. In the men in existence, if you were to change from what year 1860 he (Mr. Cogan) had brought you are now I should never respect you again." this subject before the House when he He could not refrain from again express- proposed the introduction of the "Party ing the pride he felt in having been for Emblems Act," which was taken up at fifty years a member of the Orange body. his suggestion by the then Government, MR. COGAN congratulated the hon. and became law, and he then stated it as Baronet on the courage he had displayed his conviction that, although these sort of in standing up and so boldly declaring laws might act as palliatives, and might his opinions. He thought it required no check these insulting displays which had ordinary courage to do so. It was, how- so often led to loss of life; that we must ever, astonishing, and he thought deeply go deeper if we wanted to go to the root to be deplored, that at this time of day of this evil; that he trusted the increasing two hon. Members should have stood enlightenment of the age and greater toleup in that House and avowed themselves ration of opinion which had sprung up members of the Orange society-a society might induce those who had weight with which was not only inimical to the pros- the Orangemen, those who, by their perity and harmony and peace under education and station, held positions of which fellow-citizens should live, which influence which entailed responsibility, to so fatally kept alive and fanned the flame put an end to these irritating party disof those religious animosities which had plays, and dissolve this society; but that if led to so many fatal conflicts in the North this hope was disappointed, it was the of Ireland, and which it ought to be the duty of the Government, from which they aim of every lover of his country to miti- should not shrink, to discountenance and gate and extinguish, which made so many discourage it-to allow no member of the in that part of Ireland live in a sort of Orange society to hold public offices of latent civil war at all times, which broke honour, such as lords-lieutenant and deout periodically in such excesses as they puty lieutenants of counties, and espeall deplored, and which had been so strongly cially not to allow them to hold official and repeatedly condemned by every tri- positions, such as sheriffs, sub-sheriffs, bunal before which its proceedings had clerks of the peace, or crown prosecutors come-by Committees of that House-by-and above all, that they should not be Addresses to the Throne by both Houses of Parliament — and by public opinion out of that House on so many occasions

intrusted with judicial functions as magistrates, for although they might act with the strictest impartiality, yet it was neces

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