Commons Sitting of 2 March 1812

PETITION OF THE ROMAN CATHOLICS OF TIPPERARY.
General Montague Mathewpresented a Petition from the Catholics of the county of Tipperary. The presentation of this Petition was to him a most pleasing duty, because it proceeded not from the Catholics only, but had the support of every one of his constituents, whether Protestant or of any other religious persuasion. Before he should move that the Petition do he on the table, he begged leave to trouble the House with a few observations. It had been for a considerable time in his possession, but he thought it more prudent to defer its presentation until the period of the cessation of the restrictions on the Prince Regent should have arrived. This was merely according with the wishes of the Catholics themselves; for they did hope, and they had reason to hope, that some change of men as well as measures would then take place; but they had been disappointed, the "new era" had arrived, but their wishes bad not, unfortunately, found a reality in the choice which had been made. The peace and tranquillity of the empire was still without an anchor; the Catholics had been disappointed, and the country was in danger. Since, therefore, the change that the Irish people, and he along with them, had anticipated, had not taken place, he did not conceive himself justified in withholding the Petition any longer. The House had already heard from the intolerant minister, that should a favour able disposition towards the Catholic cause arise in the Prince Regent's mind, then he would make his bow and withdraw. The House heard this declaration, the like of which never was addressed, perhaps, in the history of the world, by a bigotted narrow principled minister to an enlightened Prince, or a high-minded generous people The hon. general then recomended to his countrymen not even yet to despair—not yet to cast away their last hope. Of one thing they might be assured, that their political friends would never desert them, as long as they pursued the constitutional course which they had hitherto followed. The wisdom of

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the Regent would still, he trusted, be triumphant over bigotry and political folly, and they therefore might in time expect better results. For his part, his feeling was little less than detestation for those odious ministers. He had nothing to fear, nothing to hope for, but the approbation of his oppressed countrymen, and therefore with these feelings and with these hopes, he would leave no stone unturned—he would exert whatever little influence he possessed to accelerate the downfal of these weak and intolerant ministers, and to assist the measures which would give happiness to Ireland, security to England, and perhaps peace to the world. But as long as the present Chancellor of the Exchequer and his diabolical phalanx continued in office, they could not fail to bring on the country the greatest evils—evils which must finally lead, not to the subversion merely, but to the subjugation of the country. On the fate of the Catholic question depended the fate of Ireland—on the fate of Ireland depended the fate of England—and on the fate of England depended the fate of the empire and of Europe. When the general Petition should come before the House, he would then further declare his sentiments.
The Petition was then brought up and read; setting forth,
"That the Petitioners have frequently though ineffectually, applied to the House for relief from those penal laws and restrictions which still aggrieve and degrade the Roman Catholics of Ireland; and that they are fully convinced of the justice of their claims, and determined to persevere stedfastly in asserting them; and their duty to themselves, to their families, and to their country, impel them once more to solicit the serious and earnest attention of the House to the important subject of their Petitions; and that the Roman Catholics of these realms are well entitled upon every principle of right and justice, to an equal participation of all the benefits of the constitution, in common with their fellow subjects of every other communion; they are unconscious of crime, and undeserving of reproach; their services, industry, properly, numbers, their meritorious and patient demeanour throughout the severest trials, must powerfully recommend their cause to the, favour of an enlightened legislature; and that the Petitioners solicit then this equal participation; they desire the abolition of all the restraints upon liberty of conscience, com
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plete toleration of the members of all religious persuasions in their respective modes of worship, without the galling restraints of civil disabilities, privations, or exclusions; they seek permission to adhere to the religious faith of their ancestors and of their country, unmolested by penal laws, which injure and irritate, and shielded against the ignominy, insult, and humiliation which the Roman Catholics of these realms are now compelled to endure; and that these objects, which the Petitioners thus peaceably pursue, they feel and know to be perfectly legitimate and laudable; they would cheerfully concede the free enjoyment of civil and religious liberty to all mankind, they ask no more for themselves; and that, thus earnest though temperate, confident but respectful, they humbly pray the House, that all the penal laws, disabilities, restrictions, and privations of every kind, which now aggrieve and degrade the Roman Catholics of these realms, may be utterly repealed and abolished, that justice may thus be rendered to a faithful and deserving people, security restored to property, and strength and concord to the empire."
Ordered to be upon the table.

PROCEEDINGS RELATING TO THE EXPULSION OF MR. BENJAMIN WALSH.
On the motion of Mr. Bankes, the order of the House for the attendance of Mr. Walsh this day was read.
The Speakerdirected a messenger to be called in to prove that the order of the House had been served on Mr. Walsh.
Mr. Skeltonthe messenger was then examined. He stated the order to have been served by him on Mr. Walsh, upon Friday at two o'clock.
The Speakersaid the Serjeant was informed a medical gentleman was then in waiting to prove that Mr. Walsh was incapable of attending in his place from indisposition. Was it the pleasure of the House that he should be called in? The House assented. Mr. Cornwell Reynolds was then called in, and examined. In answer to the questions put to him, he stated himself to be acquainted with Mr. Walsh. He had been called upon to attend him on Saturday last. He had been in the habit of attending Mr. Walsh some years ago, but not latterly, till he was called upon to attend him on Saturday. He had last seen Mr. Walsh about two

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hours ago. He was incapable of attending the House, from the state of his mind, rather than from bodily indisposition. He thought there was reason to hope that Mr. Walsh would be able to attend within a little time. At present he laboured under mental derangement. Some few years ago, he had seen Mr. Walsh, at which time he appeared to be mentally deranged. According to his judgment, it was probable that in about a fortnight Mr. Walsh would be able to attend in his place, sound in body and mind. He could not positively say whether or not the apprehension arising from an order to attend that House would again reduce him to the state in which he was at present. Mr. Walsh had been very much affected by the apprehensions raised by the order to attend in his place, which bad been served on him. When speaking on the subject, he was so much agitated, that he could only speak in an incoherent manner, and was frequently unable to give utterance to what he wished to say. He had not been called on to attend Mr. Walsh previous to the trial, nor had he seen him about that time. He had not seen Mr. Walsh since the trial, till Saturday last, when he attended him in consequence of a letter which he had received. That letter, he believed, was still in his possession, and he had no objection to produce it, if it was the wish of the House.—The Witness was here ordered to withdraw, but told not to leave the House.
The Speakerhad now to inform the House, that he had received a farther letter from Mr. Walsh, in which that gentleman, though he intimated that he should not attend in his place, expressed a wish that the proceedings before the House, in his case, might not be delayed on that account; but at the same time stated it to be his hope that the evidence of his medical attendant would remove every objection to his former letters to him (the Speaker), being read to the House.
Mr. Bankesthought it would not be regular to put on their Journals that palliation or defence which it was obviously the wish of Mr. Walsh to get thereon inserted, through their being read by the Speaker. He was not a little embarrassed how to act. It appeared that till Saturday last Mr. Walsh had called in no medical attendance. On Friday last he had been served with an order front the House to at-
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tend in his place on Monday. He had previously been ordered to attend on Thursday, but it was not till Saturday, after hearing that it would not be regular to read the letters he had sent to the Speaker, as no incapacity to attend from bodily indisposition, was there set forth, that he called in a medical gentleman. Till then it should appear that it had never entered his mind, to make indisposition a plea for his non-attendance. It appeared he was only-anxious to get his letters read, that they might be placed on the Journals, and therefore to their being read, he for one should object. To do so would, he thought, under such circumstances, be inconsistent with the order they had made, and with the regular course of their proceedings. It remained for the House to consider what should be done. He was ready to proceed with the motion of which he had given notice, if it met the approbation of the House; but if it was thought that there would be any hardship in deciding on the case of a member who was absent, and who might yet come down to the House and reply to the charge made against him he would be the last man to oppose its being postponed. He, however, could not but suppose from the communications which he had made to the Speaker, that Mr. Walsh had no intention of appearing to the charge. Whatever might be urged in defence, or rather in palliation of what he had done, the fact of his having committed the offence with which he was charged, was admitted under his own band, and therefore could not be shaken. This being the state of the case, he did not know that it would be improper to proceed. He wished to pause to hear the sentiments of some other member, and to have time to consider what step it might be best to take. He did not wish to do any thing that might make the case of Mr. Walsh a case of hardship: but as he thought the infamous conduct of one member, in some sort, threw a disgrace on the whole body, it appeared necessary to lose as little time as might be in proceeding against a person in the situation of Mr. Walsh. On this ground he had taken up the subject, and on this ground it was his determination to pursue it. He wished to hear the sentiments of other gentlemen, but for himself he thought the letters of Mr. Walsh ought not to be put on the Journals, and that it was desirable to avoid delay in the case of a member against whom so serious a charge was to be made.
The Chancellor of the Exchequerwas of opinion, that from the representation which had been made before them of the state of Mr. Walsh, whatever they might suppose to be his intention, whether they supposed he would, or would not appear, a case was made out which ought to stop their proceedings for the present. From the evidence given before them by the gentleman they had examined at their bar, it appeared that in a fortnight Mr. Walsh might attend in his place. He thought that the House was placed in that situation that they could not proceed immediately. When a member was ordered to attend in his place, and was unable to do so from ill health, they ought not to decide on his case till he was able to come down to the House. This he suggested, not to favour the individual, but for the sake of the general principle. He thought they must feel, that whatever might be the sentiments of that House, with respect to the offence of Mr. Walsh, whatever reason they might have to think that be would not attend, or that, attending, his defence could not be satisfactory, still it was their duty to guard themselves and posterity against a member's being called upon to attend when unable to do so, and condemned in his absence without a proper opportunity being afforded to him of meeting the charge to be preferred against him. Under all the circumstances of the case, it might probably be best to move the adjournment of the subject over the time which had been mentioned, as that within which it was probable Mr. Walsh would be able to attend in his place. He did not intend making a motion to that effect; but the hon. gentleman had wished to hear the sentiments of some one on the subject, and he had therefore thought proper to offer his.
Mr. Bankes, adopting the suggestion of the right hon. gentleman; then moved to adjourn the consideration of the case of Mr. Walsh to Tuesday fortnight.
Mr. C. W. Wynnconcurred with the right hon. gentleman in what he bad advanced with respect to the necessity of giving the person against whom a charge was to be made, a proper opportunity of meeting it.
Sir F. Burdettmade some observations on the conduct of an hon. member, whose case had been before the House last session (Mr. Mansell Phillips), and against whom proceedings were stopped, inconsequence of some arrangements having been
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made, the conditions of which he (Sir F.) understood the hon. member had not fulfilled.
Mr. Lockhartsaid, that when he saw the hon. member alluded to on the subject, he had promised to appear and to plead, which was all that the Petition desired. He had appeared, and had pleaded, and having done so, he (Mr. L.) had not thought it his business to look to the conduct of that hon. gentleman any farther.
The question was then put and carried, and Mr. Walsh was ordered to attend on Tuesday fortnight.