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a sound judgment in refusing the Brae; but hearing that its passage informations. He considered that would be disputed, it passed ano. the Lord Chancellor of Ireland ther way. In 1849 the Messieurs had acted unconstitutionally in Beers deliberately pre-arranged summarily dismissing magistrates and led a procession by that road, simply at the dictation of the though they had twelve months' Lord Lieutenant of Ireland, and notice that it would probably inthis proceeding had created a duce a breach of the peace. The feeling among the magistrates Government had the fullest prithat their position was dependent vate information of the general on the caprice of the political state of things, and expected a chief of the day; had irritated, by great demonstration on the 12th of the dismissal of magistrates of July; but they had no information irreproachable character, a most of the special intentions in partiloya] body; and had called forth cular localities. Lord Clarendon expressions of sympathy and re- himself superintended the arrangespect in favour of Lord Roden. In

ments for preventing disturbance ; conclusion, he stated that he ab. sending down experienced police stained from moving a direct vote inspectors, a body of that force, of censure, because he wished that and a body of military. The prothis great constitutional question cession marched; after it had should be kept apart from any passed Dolly's Brae the first time, party conflict.

the stipendiary magistrates beThe Earl of Clarendon hoped came apprehensive of a collision. that the circumstance of his havivg Mr. Fitzmaurice urged Lord come from Ireland, in order to de- Roden to prevent the return of fend an act of the Executive Go- the procession by the same way ; vernment, would not be converted but no effort was made by either into a precedent. He appeared in Lord Roden or the Messieurs his place because, understanding Beers to prevent it, although that he had been challenged to at- the latter admitted that it could, tend, he feared his absence might perhaps, have been prevented. lead to misconstruction. After It must be left to the local mastating that he had always been gistracy to determine what was anxious to prevent party proces necessary for conserving the peace, sions in Ireland, the noble Earl the Government supplyivg the proceeded to meet in detail the means ; if they pre-arrange and several charges preferred against sanction that which leads to danhim by Lord Stanley.

ger, and afterwards, when the Since the expiry of the Proces- danger is pointed out, do nothing sions Act, party processions had to prevent it, they are unworthy been looked upon not as neces- to remain in the commission of sarily or à priori illegal, but liable the peace. As to the nature of to become so according to the cha- Mr. Berwick's inquiry, it had been racter they might assume.

sanctioned not only by succesthe opinion of every sound lawyer, sive Governments and Parliaments, that if they inspire reasonable but by Lord Stanley himself, in terror among the peaceable, they the Maghery and Portglenone are illegal. In 1848 a procession cases, when he was Irish Secreassembled to pass through Dolly's tary, in 1830-1832. Moreover,

It was

Mr. Berwick was himself put in deration. The result was, that the commission of the peace. The they appealed to me on the necesAct 5th and 6th William IV. c. sity of superseding the noble Earl 62, had been quoted to prove that

in the commission of the peace; his examination of witnesses was and, my Lords, I must say that to extrajudicial and illegal ; but the me it was a most painful act to 13th section of that Act expressly execute. I had long been hoexcepts from its operation all evi- noured with the friendship of the dence“ before any justice” con- noble Earl. From the moment cerning " the preservation of the that I had gone to Ireland until peace.

The Lord Chancellor was then I had received from him assist“recommended” to dismiss the ance of the most useful character. magistrates; and he was enabled I felt the most sincere respect for to act on that recommendation the him. I knew how much his dissame day, because he had himself missal would be resented by his come to the determination to do numerous friends, and the unposo, on investigation of proofs. The pularity I should earn for myself, weight of those proofs was not even among those who were not impeached by criticism of Mr. his friends, throughout the north Berwick’s report in comparison of Ireland. I felt and I foresaw with the short-hand notes. The all that : but still there was one Government had information that feeling superior even to thatma those notes were grossly false, feeling of duty; a feeling from and that it had been falsely sworn

which I did not venture to shrink, that they were taken in court : and by which I need not assure they were, in fact, a perverted and your Lordships I was alone actudistorted adaptation of the notes ated in the course that I adopted. which the Government used in Ever since the government of addition to Mr. Berwick's report.

Ireland was confided to my care, my Lord Clarendon lamented that great object has been to render the upon evidence such as this a man law a reality-to inspire all classes of high judicial character, and of of the community with confidence unimpeachable conduct, should in the impartial administration of have been charged with garbling justice—to convince them that and suppressing testimony.

before the law all In reference to the dismissal of equal ; and that, whether high or Lord Roden, Lord Clarendon ex- low, rich or poor, the same justice pressed himself as

as follows: should be meted out to all. (Much "My Lords, when Mr. Berwick's cheering.) And I should have felt report came into my hands, I ashamed of myself, and unworthy am bound to say that I perused the confidence of my Sovereign, its contents with very great regret.

if I had decided in a manner The opinion which I formed from different with respect to the noble it with reference to the noble Earl Ear) to that in which I should I communicated to my noble have decided in the case of any Friend at the head of the Govern- other man; or if I had allowed ment; from whom and his col- for one moment any personal conleagues, including the noble Lord sideration to interfere with what I on the woolsack, it received the believed the justice of the case remost anxious and careful consi. quired." VOL. XCII.

[I]

men

were

Lord Clarendon then entered help feeling that he had been into explanations with regard to the harshly dealt with by the Governallegation that he had furnished, ment. The evidence against him or been privy to furnishing, the was drawn from the one-sided Orangemen with arms in the year report of Mr. Berwick. · He re1848. He read passages from a ferred to the loyal conduct of the private letter by Captain Kennedy, Orangemen of Ulster in 1848, now serving in India, which which enabled the Government to showed that he, the Captain him withdraw all the military from self, really furnished the money Ulster, and to crush the incipient [0001.) from his own pocket. insurrection. With respect to the Lord Clarendon wound up these procession last year in Castleexplanations with this assurance, wellan, he had no reason to sup“I hope it is sufficient for me pose, previous to its occurrence, to give my solemn assurance that, that Lord Clarendon (whom he during the whole time I have held had seen about a month before) office, I never, directly or indi- thought it illegal; and he believed rectly, have given a weapon, or a that the brave men who composed shilling to purchase one, to any the procession would have gone person in Ireland.

quietly home if they had not been In conclusion, Lord Clarendon cowardly and brutally attacked. declared his opinion that, had it He repelled the charges made not been for this unfortunate ren- against him in Mr. Berwick's recounter and its consequences, their port; and, with reference to his Lordships would have had the attendance at the petty sessions satisfaction to know that Ireland alluded to, he declared that he was then more free, on the whole, went there to do justice; but he from religious, as well as political could not countenance charges not agitation and agrarian outrage, substantiated by the evidence. He than at any period within recollec- had always, as a magistrate, done tion. He regretted that this ques- justice to all parties, to the best of tion had been brought forward, as his ability, it had a tendency to keep up irri- After an explanation from the tating feelings; but he anticipated Earl of Enniskillen respecting the that the passing of a Bill now document referred to by Lord before the other House, to put a Clarendon, stop to party processions, would The Earl of Winchilsea. adbe attended with the most benefi- dressed the House, and cial results. He would give no demned Mr. Berwick's commisopposition to the motion, but would sion unconstitutional. The make some addition to the papers persons assembled in Lord Romoved for.

den's grounds, in July last, were The Earl of Roden thanked peaceable, and the attack was made Lord Stanley for giving him this on them by parties who had come opportunity of addressing the to the spot from distant places. House in reference to the trans- Lord Brougham could not conactions connected with the proces- cur in the proposition that Lord sion in Castlewellan, for he was Roden had been unjustly and anxious to defend his public and arbitrarily used. A meeting, legal private honour. He could not in its inception, might become

con

as

unlawful by its assuming a cha- vernment for the manner in which racter calculated to lead to a he had acted in the affair brought breach of the peace; and the pur- under the notice of the House, pose for which this procession met and from Lord Abinger, who in Castlewellan rendered a colli- stated that he had not been able sion extremely probable. He be- to collect why Lord Roden was lieved that, upon the whole, sub- dismissed from the commission of stantial justice had been done in the peace, this case.

Lord Stanley replied, and his After some observations from mótion was agreed to without a the Marquess of Clanricarde, who division, the noble Lord expressdeclared that Lord Clarendon had ing himself well satisfied with the the entire approbation of the Go- results of the debate.

CHAPTER V.

FINANCE.- The Budget is introduced by the Chancellor of the Exchequer

on the 15th of MarchFavourable condition of the Public RevenueEffects of reduced Taxation on necessaries of life-Proposed reduction of the Stamp Duties and repeal of the Brick Tax-Reception of the Budget - Remarks of Mr. Hlume, the Marquess of Granby, Mr. Newdegate, Mr. Henry Drummond, Mr. Bankes, and other Members -Progress of the Financial Arrangements-Difficulty found in adjusting the details of Stamp DutiesDefeat of the Government on an Amend. ment moved by Sir H. Willoughby-Two Bills wilhdrawn in succession--Mr. Mullings suggests alterations which are mainly adoptedThe Stamp Duties Reduction and Brick Duties Repeal Bills are ultimately passed - Various Motions in favour of Retrenchment and reduction of Taxation-Mr. Henley gives notice of a Motion for reduction of Official Salaries-Lord John Russell anticipates the Motion by proposing the appointment of a Select Committee for the same objectSpeech of Lord John Russell on that occasion -- Mr. Disraeli moves an Amendment-Speeches of Mr. Hume, Mr. Henley, Lord H. Vane, Mr. Cockburn, Mr. Herries, Mr. Bright, Mr. H. Drummond, and the Chancellor of the Exchequer-Lord J. Russell & Motion is carried by a majority of 91.–Mr. Horsman moves that the inquiry be extended to Ecclesiastical Incomes— The Motion is opposed by Sir George Grey, and rejected by 208 to 95. MOTIONS IN FAVOUR OF RETRENCHMENT: -Mr. Cobden moves Resolutions on the 8th of March pledging the House to reduction of Expenditure-He is answered by Mr. Labouchere-Speeches of Mr. Spooner, Mr. Hume, Mr. Herries, Mr. M. Gibson, Mr. Henley, and Lord John Russell Majority of 183 against Mr. Cobden's Resolutions-Mr. Henry Drummond, on the 13th of March, brings forward another Motion in favour of Economy-His Resolution is seconded by Mr. Cayley, supported by Mr. Nexdegate, Mr. Stafford, Lord John Manners, Mr. Bennett, and other Agricultural Members, and opposed by Mr. F. Maule, Sir Robert Peel, Mr. Labouchere, Mr. Bright, and Lord John Russell— The Motion is negatived by 190 to 156. REPEAL OF THE WINDOW DUTY:- Moved by Lord DuncanHis SpeechAnswer of the Chancellor of the ExchequerSpeeches of Sir G. Pechell, Sir Benjamin Hall, Lord Dudley Stuart, and Mr. Hume, in favour of the Motion, which is rejected by a narrow majority of 80 against 77— Motion of Mr. Cayley for Repeal of the Malt Tax-His Speech Mr. Christopher seconds the Motion The Chancellor of the Exchequer opposes it-Speeches of Mr. Henry Drummond, Mr. Bass, Mr. M. Gibson, Mr. Spooner, Mr. Hodges, Mr. J. Wilson, Mr. Disraeli, and Lord John Russell-The Motion is lost by 247 against 123.

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