§ Mr. Sharman Crawford, on rising to move the repeal of the Act of the 5th and 6th William 4th, c. 48, intituled, "An Act for the Prevention and more speedy Punishment of Offences endangering the public peace in Ireland," said, that he should have greatly rejoiced if the motion he was about to make had emanated from his Majesty's Government; but, as that had not been done, he had felt it his duty to persevere in bringing the subject under the consideration of the House; for this Act was of such a nature, that it could only be justified by a case of extraordinary necessity; and, if that necessity could not be shown to exist, then such an enactment ought not to be allowed a place in the Statute-book. After reciting several clauses of the Act, with a view of showing its extreme stringency, the hon. Member went on to observe, that it might be objected to him that this statute was never acted upon. He would admit that it had never been acted upon by the Government of Lord Mulgrave; but if the Irish people were to depend for their rights and liberties on the forbearance of a government, he thought the case of their rights and liberties would be perilous indeed. Suppose that a government were disposed to act with partiality (he did not care whether towards Catholics or Protestants), and appointed partial sheriffs, who would summon partial juries, how, he asked, was a poor man to 1079 appeal to a partial government for justice against a partial sheriff or partial jury? Then how liable was the poor man to fall into some of the offences created by this statute from his inevitable ignorance alone. He had no watch to tell the precise hour after sunset or before sunrise, and consequently he might, while returning from market, or from watching his sheep, or while abroad on other lawful occasions, become liable to the penalties of this very severe enactment. As he had said, however, he admitted the law might be justified in case of absolute necessity; and he was sorry not to see the hon. and learned Member for Kilkenny in his place, because that hon. and learned Member had stated in a letter addressed to him (Mr. S. Crawford) that he was ready to prove at any proper opportunity this law to be constitutional and just. He (Mr. S. Crawford) had now, for three months, had a notice of this motion on the books, in order to afford the hon. and learned Member for Kilkenny an opportunity of proving this to be the character of the measure. In fact, it was a measure of such a character that he would say, notwithstanding the explanations which they had heard from his Majesty's Government on various occasions respecting the degree of peace that was preserved in Ireland, with a view of evincing the propriety of establishing a system of popular control in Municipal Corporations, that a people among whom such a measure as this was found necessary to keep them in order were not fit to have the exercise of popular control. This Act created three new offences before unknown to the common law, and subjected offenders against it to be tried by a summary process, and not by a jury; and he called, therefore, upon hon. Gentlemen, whether Catholic or Protestant, to guard against an arbitrary law, which it could not be to the advantage of either party to keep on the Statute-book in contradiction to the first principles of liberty. He moved, that the Act of the 5th and 6th William 4th, cap. 48, be repealed.
§ Viscount Morpethexpressed his regret that his Majesty's Ministers could not reconcile it with their sense of duty to assent to the motion of the hon. Gentleman. The House would recollect, that in 1833 and 1834, the state of Ireland was such that the House felt itself bound to pass two laws of a very stringent and coercive character. He would not now 1080 discuss the propriety of those measures, or inquire as to the sufficiency of the grounds on which they were submitted to Parliament. In the year 1835, his noble Friend (Lord Melbourne), thought he was justified in proposing a measure of a less severe and stringent character, and which, by extending over a larger period of time, would avoid the objection of frequent renewal. His enactment, then, was for a period of five years, and Parliament having taken all the circumstances into consideration, he thought it would be exceedingly inconvenient, instead of waiting for the expiration of that period, to go into the question with a view to the cancelling the arrangement which had been made. He admitted, that his hon. Friend did express his dissent from the measure at the time it was introduced; but he thought he might add, that it passed through both Houses of Parliament, his being almost the only dissentient voice. His hon. Friend told them that the measure had been a dead letter. He was happy to say, that the Government had not been called on to act upon it. Though, however, he trusted he was warranted in thinking that there was nothing in the state of Ireland of a very menacing or dangerous character, he could not flatter himself that things had quite attained to such an extraordinary degree of improvement that, whatever changes could occur, the House would be disposed to dispense with the powers which the Act created. Seeing, then, that no practical inconveniences had resulted from the law, and that it was passed with a perfect understanding as to the period of its duration, he hoped that his hon. Friend would not press his motion, while there were other important practical measures awaiting the consideration of the House.
§ The House divided:—Ayes 5; Noes 87: Majority 82.
| List of the AYES. | |
| Aglionby, H. A. | Vigors, N. A. |
| Brotherton, J. | TELLERS. |
| Butler, hon. Pierce | Crawford, W. S. |
| O'Conor Don | O'Brien, W. S. |
| List of the NOES. | |
| Agnew, Sir A. | Brownrigg, S. |
| Arbuthnot, hon. H. | Burrell, Sir C. M. |
| Baines, E. | Canning, Sir S. |
| Baring, F. T. | Chichester, J. P. B. |
| Bonham, R. Francis | Clive, Edw. Bolton |
| Borthwick, Peter | Clive, hon. R. H. |
| Bridgman, H. | Curteis, Edward B. |
| Dillwyn, L. W. | O'Connell, D. |
| Dundas, J. D. | O'Connell, Morgan |
| Eastnor, Viscount | Palmer, George |
| Elwes, J. | Palmerston, Viscount |
| Estcourt, T. G. | Parrott, J. |
| Estcourt, T. | Peel, rt. hon. Sir R. |
| Evans, G. | Perceval, Col. |
| Fector, J. M. | Pollen, Sir J., bart. |
| Feilden, William | Price, Sir Robert |
| Fergus, J. | Rice, rt. hon. T. S. |
| Forbes, Wm. | Richards, Richard |
| Forster, C. S. | Rickford, William |
| French, F. | Rooper, J, Bonfoy |
| Gisborne, T. | Ross, Charles |
| Gordon, Robert | Russell, Lord John |
| Gordon, hon. W. | Scrope, G. P. |
| Goring, H. D. | Shaw, rt. hon. F. |
| Goulburn, rt. hon. H. | Sinclair, Sir G. |
| Goulburn, Sergeant | Smith, R. V. |
| Graham, Sir J. | Stanley Lord |
| Grey, Sir Geo., bart. | Stuart, V. |
| Hamilton, Geo. Alex. | Strickland, Sir G. |
| Hay, Sir A. Leith | Talbot, J. Hyacinth |
| Hector, C. J. | Tennent, J. E. |
| Hinde, J. H. | Thomson, C. P. |
| Hutt, Wm. | Trevor, hon. A. |
| Inglis, Sir R. H. | Vere, Sir C. B. |
| Irton, Samuel | Verney, Sir H., bart. |
| Knatchbull, Sir E. | Weyland, Major |
| Labouchere, H. | Williams, W. A. |
| Lemon, Sir C. | Winnington, H. J. |
| Lennox, Lord A. | Wrightson, W. |
| Lincoln, Earl of | Wrottesley, Sir J. |
| Lowther, J. H. | Young, J. |
| Mahon, Viscount | |
| Mangles, J. | TELLERS. |
| Maunsell, T. P. | Parker, John |
| Morpeth, Viscount | Steuart, R. |
| Neeld, Joseph |