Mr. Hutchinsonpresented a petition, which, he said, he offered with pain and regret. It prayed, that the bill which had been brought in by the Attorney-general for Ireland, respecting the right of burial of the Catholics, might not pass into a law. He felt regret, because, whatever were the defects of the bill, if defects there were he had no doubt of the kind intentions of his right hon. friend, and of the Irish government on this subject; and he felt it his duty, as an Irish gentleman, to say that he considered Ireland deeply indebted to lord Wellesley for his unceasing anxiety to promote the welfare of Ireland, and that he was persuaded that if his excellency's administration had not succeeded to the extent of his excellency's wishes in restoring peace and quiet, it was not for want of his earnest exertions. The petition was from Mr. Devereux, a Catholic gentleman of great fortune, of the county of Wexford; and Mr. Eneas Macdonald, of the county of Mayo. It prayed that the bill might not pass into a law.
The petition was then read, setting forth,
"That the Petitioners have read the draft of a bill now before the House, for repealing a certain act, and making certain provisions therein specified, with respect to the burials in Ireland of persons dissenting from the Established church; that it is truly stated in the said draft, that the easement of burial in the church-yards of Protestant churches has been long enjoyed by all classes of his majesty's subjects; that no injury or inconvenience affecting the rights, interests, privileges, or prerogatives of the established church, or of the ministers thereof, at any time resulted, or is now alleged to have resulted from such practice or enjoyment in Ireland; and the petitioners further humbly submit, that they are sustained by the said bill in the position that such practice is also justifiable in principle, for the professed object of that bill is, to provide that all classes of his majesty's subjects may be permitted to have the said easement of burial according to the rites of the several religions professed by them; that although the prin- 40 ciple of toleration is thus distinctly recognized in the terms of the said bill, nevertheless its provisions not only render such principle inoperative, but introduce new enactments more intolerant and obnoxious than those which they affect to remedy; that the operation of the said bill, if passed into a law, would be, to tempt and excite the clergy of the established church to the exercise of an odious jurisdiction, to taunt the great body of the people of Ireland, both lay and ecclesiastical, daily and hourly upon the degradations to which the law proscribes them, on account of their professing the Catholic faith, to produce constant and immediate collision between the clergy of the different communions, and to increase that spirit of disunion and discontent already so perniciously prevalent in Ireland; that the provisions of the proposed law would apply in a particular manner to the city of Dublin, inasmuch as the burials in that city are generally had in the church-yards of Protestant churches; that no inconvenience had resulted from the practice of free burial, as it existed in that city prior to the appointment of the most reverend Dr. Magee as archbishop of the diocese; and the petitioners humbly submit to the consideration of the House, whether it can be esteemed a just or reasonable regulation to subject the enjoyment or dispensation of such a right to the caprice of the very same individuals whose proceedings respecting the same matter have rendered necessary any application for the interposition of the legislature; the petitioners are unwilling to trespass on the House with a detailed reference to the manifold inconsistencies and insufficiencies of the said bill, they are more anxious to solicit the attention of the House to the illiberal and impolitic principles which it tends to establish, nor can they disguise the sentiments of regret and disappointment with which they are impressed on observing that its first necessary consequence would be, to pronounce, by implication, the sanction of the legislature for proceedings which have been universally condemned by every liberal and enlightened mind, by declaring, as is insinuated by the said bill, that such proceedings were indispensably unavoidable, according to the existing law; the petitioners, therefore, most respectfully suggest, as a course more suitable to the high office of parliament, and to the importance of the sub- 41 ject, and the real merits thereof, and also more likely to remedy the evils lately created, that inasmuch as it is admitted, that the practice of free-burial has long existed in Ireland, without any injury or inconvenience, and the principle thereof is distinctly recognized and professed, the legislature may, in its wisdom, directly establish such right by positive enactment, instead of transferring its own jurisdiction or control to other persons, or making provisions, avowedly unnecessary, but directly tending to the perpetuation of the most prejudicial collision and contest, without effecting, or even professing to seek, any one countervailing benefit or advantage; and it is further most humbly submitted, that if it shall be considered necessary, provisions may be made at the same time, to prevent the use of such rites of burial in any Protestant churchyard during the performance of divine service in the church situated therein; the petitioners for these reasons, among many others, humbly pray the House, That the said bill may not be passed into a law, but that such measures may be adopted in the matter as may protect the public feelings from the offensive interposition of inconsiderate fanaticism, or more furious intolerance."
§ Ordered to lie on the table.