MOTION FOR PAPERS. (Hansard, 1 March 1867)

§ MR. BRUEN
said, that in this instance the policy of extending leniency to the minor offenders, and being more severe upon the leaders of the Fenian movement, had not been observed. It was well-known that Morris was a head centre of the Fenians in Carlow, and that he had been most active and energetic in fomenting discontent in that district. It had been proved on the evidence of two witnesses at the trials of Luby and Moore, before the Special Commission, that Morris had received fifty pikes on an order in the handwriting of Stephens, and that he had taken these pikes with him by train, and had been called upon to pay excess of luggage upon them. There was at this moment in the hands of the Irish Government a ledger containing the names of all the persons to whom pikes had been delivered on the order of Stephens, and in this list the name of Morris appeared. In consequence of this evidence, the arrest of Morris was determined upon, and a reward of £50 was offered for his apprehension, the amount being subsequently increased to £100. The people of Carlow, anxious to show their loyalty and support the Government, raised by public subscription £177 to supplement the reward offered by the Government. The result was the apprehension of Morris in the spring of last year, he having been arrested with some difficulty and committed to Mountjoy Prison. In the month of August last the Government communicated with the magistrates as to the course that ought to be pursued with reference to Morris, and their advice was that Morris should be brought to trial. This advice, however, was disregarded, and a few days afterwards Morris was placed on board a steamer for America, and a free passage given to him in order that he might assist in cutting the throats of our esteemed friends the Canadians. It was not for him to cast any blame on the Government, because he be- 1241 lieved that the release of Morris was the act of a subordinate, without the knowledge or consent of the noble Lord the Secretary for Ireland; but it was evident that the magistrates had been grossly snubbed, that a failure of justice had taken place, and that there were sufficient grounds for further inquiry. He could not believe that that the Irish Law Officers had advised the exercise of such dangerous leniency. The best way of clearing up the matter would be by the production of the papers asked for.

LORD NAAS
said, it was perfectly true that Morris had been a man of considerable importance, and had been connected with the Fenian conspiracy. He was consequently arrested and underwent a certain amount of imprisonment; but the Attorney General for Ireland being of opinion that it would be well to accept the offer which he made and to release him on condition of going to America, he was released in the same way as a number of other prisoners equally guilty. The Government had always acted on the principle that persons arrested under the Lord Lieutenant's warrant should not be kept in confinement any longer than the public safety required. Such persons were not arrested for the purpose of punishment, but as a preventative measure, in order to secure the preservation of the public peace. His hon. Friend was in error in supposing that a free passage to America had been given to Morris or to any of the released prisoners. No assistance was given to them either by the late or present Government, and they had invariably gone out at their own expense. Many others would have accepted the alternative of the Government sooner had they possessed the means of paying their passage. He was sorry he could not accede to the request of his hon. Friend to produce the opinion of the Law Officers. The arrest and discharge of Morris were equally 1242 effected on the responsibility of the Irish Government, and it would not be proper that the reasons which induced the Government to issue Lord Lieutenants' warrants should be made public. All he could say was that the Government acted upon each case on its own merits, and in deference to the opinion of those best qualified to advise them on the subject.

§ MR. CONOLLY
said, he thought the documents ought to be produced to satisfy the House of the prudence of the step taken. There was one point which the noble Lord had omitted to notice—namely, that Morris, who had promised to remain in America when he went thither, had now, in spite of that undertaking, returned to Ireland, or at least to some part of Her Majesty's dominions. This fact had been substantiated, and ought to be brought under the notice of the Government, for it certainly suggested the inference that there had been some negligence in this instance in granting Morris his liberty without taking a sufficient guarantee that it should not be abused.

THE ATTORNEY GENERAL FOR IRELAND (Mr. MORRIS)
said, that he thought it would be highly improper if confidential communications of this character were to be laid before the House. The hon. Member for Donegal (Mr. Conolly) had informed the Government that Morris had returned to this country, As far as the Government were concerned, they had no knowledge of the circumstance, nor had they any reason to believe that Morris was in any part of the United Kingdom. If the hon. Member for Donegal could furnish the Government with precise information on the point they would be glad to avail themselves of it.

MR. KER
If Fenianism that has been over-riding the country is to be put down it will not be by allowing the leaders to escape and go to some other point more convenient for their designs. I cannot refrain from expressing my deep regret that the Government should have allowed these men to go free, and that you did not, when you had caught them, keep them. When you catch rats—

§ MR. BRUEN
said, that in the face of the opinion expressed by the noble Lord the Secretary for Ireland he could not persevere in his Motion.