§ Mr. Roebuckwished to ask the noble Lord, the Secretary for Ireland, a question respecting a transaction which occurred in Ireland in November last. On the 1st of November the Temperance Society of Dungannon was about to hold a festival, and sent to the Monaghan Temperance Society, asking them to come in procession to Dungannon, with their band, which they did. They marched towards Dungannon, and were met by Lord North land and another magistrate, who violently interrupted them, and, by their orders, two persons were taken into custody and 938 imprisoned. They, in consequence, afterwards brought actions against the noble Lord, which were compounded: 10l. were paid in order to buy them off. The question he had to ask was, whether these circumstances had been inquired into by the Irish Government, and, if on inquiry, they had been found to be correct, whether the name of his Lordship had been struck off the list of the commission of the peace?
§ Lord Eliotsaid, that the subject had been inquired into by her Majesty's Government; and, from that inquiry, it appeared that the magistrates had received information that the Temperance Society of Monaghan were about to enter Dungannon in procession. They had also been informed that the inhabitants of a neighbouring district, chiefly composed of Protestants, were determined to oppose the entry of the procession. It, therefore, appeared to them, to be imperatively necessary to prevent an array of this kind in the town, from which there was every reason to apprehend a breach of the peace. Accordingly they went out on horseback, accompanied by a small party of the constabulary force he believed about a dozen. Most hon. Gentlemen were aware that the temperance societies were almost exclusively, or at least chiefly, composed of Roman Catholics, [Mr. H. Grattan: No,] while the inhabitants of Dungannon were for the most part Protestants, in fact, they were what might, some years ago, have been called Orangemen. Under these circumstances, the magistrates thought it right to prevent the procession. They met it on the road, preceded by a band of music, and accompanied by banners. The magistrates called upon them to halt, and represented to them that their conduct would be likely to create a breach of the peace, and desired them not to enter the town. One of them struck the horse of Lord Northland, and another of them made use of violent and threatening language. The magistrate took these two persons into custody, sent them to gaol, and then wrote out their commitment. In doing this they had not acted in a strictly legal manner. Will the impression on their minds that the procession would, in all likelihood, lead to a breach of the peace, the magistrates would have been perfectly justified in placing them in custody without a warrant; but the commitments did not state that they had been guilty of a breach of the peace, but of strik- 939 ing the magistrate's horse, and of using insolent language. To show the intention of the magistrates, he would mention that before they had been in confinement half an hour the magistrates had offered to release them on their finding security to keep the peace for twenty-four hours. This they refused to do, and remained in custody till the next day. The Magistrates fearing some disturbances, sent, by the advice of the chief of the police, for the military. A detachment arrived, and was Stationed at the house of the secretary of the Temperance Association, who was also Secretary to the Repeal Association, and therefore particularly obnoxious to the inhabitants of Dungannon, for its protection, and so effectually did they protect the property of this person, that, with the exception of a window being broken, no damage had been done. The peace had been preserved, and no collision had taken place. The Government was bound to look at the animus and intention of the magistrates. He might question whether the magistrates had exercised a sound discretion; but, under all circumstances, the Government were of opinion, that so far from deserving reprehension, their conduct had entitled them to approbation.