Lords Sitting of 18 March 1833

MINUTES.
Bills. Read a second time:—Exchequer Bills; and Transfer of Aids.
Petitions presented. By the Earl of RADNOR, Lord STUART DE ROTHSAY, the Earl of ROSERY, the Bishop of LINCOLN, Lord DACRE, Lord KENYON, Lord WESTERN, the Duke of CLEVELAND, the Earl of GOSFORD, Lord SUFFTELD, the Earl of RODEN, the Bishop of LITCHFIELD, the Bishop of BRISTOL, Earl GREY, and the Marquess of LANSDOWN, from a great variety of Places, and very numerous,—for the Better Observance of the Sabbath, and for the Abolition of Slavery.—By the Bishop of LINCOLN, from Rushall, for the Repeal of the Beer Act.

PUNISHMENT OF DEATH.
Lord Suffieldpresented a Petition from the Bankers, Merchants, Shipowners, and Inhabitants of Liverpool, praying for a mitigation of the severity of our Criminal Code, and that Capital Punishments might no longer be inflicted for Offences against Property. His Lordship observed, that in this petition, strong reasons were given in support of its prayer—reasons, which he must say, appeared to him well founded. The petitioners prayed for a mitigation of the severity of the law, on the ground that severity occasioned an insecurity of property, chiefly generated by a repugnance to prosecute capitally for offences of that nature. He believed, besides, that many, if not all the petitioners, felt religious scruples on this subject. It was not his purpose to solicit their Lordships to act upon these scruples, but he claimed attention to the petition on that account, and presumed to urge the existence of such feel-
700
ings, conscientiously entertained, as a strong reason in itself for the mitigation of the severity of the law. The petitioners stated, in the first instance, that they deplored the severity of the Criminal Law, which they thought was not authorized by Divine Revelation, they alluded to it as repugnant to reason and humanity, and gave that as the cause why in the present age it could not be uniformly enforced, in consequence of which, uncertainty of punishment existed, offences were multiplied, and insecurity of property ensued. He most cordially supported the prayer of the petition.
To lie on the Table.

DISTURBANCES IN THE COUNTY OF MAYO.
Lord Teynhamsaid, he held in his hand certain Returns relative to the placing of the Barony of Gallen, in the County of Mayo, under the Peace Preservation Act. It was not necessary for the purpose of bringing before their Lordships the subject of which he had given notice, that he should read their contents, but he must refer to them. The first was the copy of the Proclamation of the Lords Justices, declaring that Barony in a state of disturbance, and requiring that it should be declared under the operation of the Peace Preservation Act. The second was a copy of the Memorial of the Magistrates to the Lords Justices in consequence thereof. The third was the Counter-Declaration of Sir William Brabazon, and some of the principal land-owners of the county, together with a List of the Constables in the County. The fourth was a Return of the Number of the Committals from the Barony in the years 1830, 1831, and 1832. This last document showed most clearly that the list of committals last year was inferior to what it had been in past years, both in the number and the nature of the crimes charged. Indeed but for the offence of illegal distillery, there would have been but three committals from the Barony. He wished to call the particular attention of their Lord-ships to the statement he was now about to make. He did not wish unnecessarily to occupy their time, but he did feel that this was a subject of particular importance, especially at this moment, when they were about to confer upon the Government powers such as had never before been demanded—powers that would, in fact, annihilate the Constitution by placing

701
the whole people under military law. When they were about to do this, it was absolutely necessary that they should know how similar powers had on former occasions been exercised. The Peace Preservation Act, as it was called, was the only one now in operation for placing strong and almost unlimited powers in the hands of the Magistrates. By that Act, as their Lordships were aware, the Magistrates were empowered to send for police from distant parts of the country. Their Lordships were also acquainted with the feelings of the people of that country respecting the police, and they must be aware that the introduction of strange troops of them from distant parts of the country was not likely to allay any agitation that might previously have existed. That observation would convince their Lordships, that the Act which gave this power was of great extent and of equal severity. With regard to the county of Mayo, there were, perhaps, few counties that had for years past enjoyed such uninterrupted quiet, or paid such strict obedience to the laws. The noble Marquess behind him could not and would not deny that to be the fact. The disturbances had been few, and but a very small number of persons had been transported. It was not his wish to impeach the conduct of the noble Marquess, but he must touch on the recent election, which had produced many of those unpleasant circumstances to which he was about to call their attention. A few years past a strong political feeling had been excited in every part of Ireland, and the people of the county of Mayo sharing these feelings, determined to return an independent Member, who should truly represent their interests and wishes in Parliament. That feeling had been increased lately, and had been displayed in a manner stronger than ever before since the passing of the Reform Bill. No where was that measure hailed with greater delight than in Mayo, which had hitherto been subject to a similar influence to that which predominated in Old Sarum. There were many circumstances which rendered it difficult to get a proper person to represent the county. Some deliberations took place, and finally the freeholders called upon his friend and relative, Sir William Brabazon, to come forward. Sir William, animated by similar feelings to those which made his ancestor the glory of Ireland,
702
did so, and came forward, as he said, determined to do his duty to the freeholders, to use his utmost efforts to get their wrongs redressed, and to support their views in voting for the Repeal of the Union. Upon that important question he would give no opinion; but certainly a strong feeling existed on the subject in Ireland, and he knew no reason why discussion on that subject should be suppressed more than on any other. It came plainly with in the bounds of rational political inquiry. That, under the influence of this feeling, Sir William Brabazon was the candidate whom the people, if left to a free choice, would have selected, was clear, from the fact, that out of 1,300 votes, he had been able to obtain 600, out of which 500 were plumpers. Elections of that kind, in which the voice of the people was opposed to the ruling powers of the country, could not pass off without some degree of excitement. Advantage was taken of that excitement to introduce an army of police with their loaded muskets. What was the consequence? If noble Lords would read an account of the inquests upon the men killed in the county of Mayo by the police, they must be of opinion, that there had been a lamentable disregard of human life, and that no rational reason could be given for the death of hardly any one of the persons who had been shot by the police. The people were sacrificed to the excited feelings consequent on an election for political power. Notwithstanding this, on their part there had been no injuries committed, either on persons or property. The people of Mayo had a great respect for Sir William Brabazon, and it was no wonder that the inhabitants of Gallen in particular, should think highly of the hon. Baronet; for he was a most worthy landlord, he was constantly resident among them, and on this occasion had come forward at their call to represent their interests. The noble Marquess near him put his name at the head of the list of those who applied to the Government to place the barony under the Peace Preservation Act. That such an application was unnecessary, he could prove by the opinion of Sir Anthony Hart, one of the ablest and most honest men that had ever presided over the Chancery of Ireland, and he could prove in like manner, that the noble Marquess had been deceived by those who had given him information on these matters. He regretted that the

703
noble Lord, who was at present the Lord Chancellor of Ireland, had not, in this point, followed the footsteps of his predecessor, for that eminent lawyer had always been opposed to granting these extraordinary powers. It had been stated in another place, that the agitation at the election was not at an end; but if agitation did prevail, it was the agitation of freemen, whose voice, was not to be overpowered by influence or intimidation; they would have men of their choice, and not men who were forced on them. After the Proclamation of the Magistrates had been issued, a meeting of the Magistrates of the county was called by the noble Marquess. Among them there were only three Magistrates of the barony of Gallen, and they objected to the barony being placed under the operation of the Peace Preservation Act. They said, they saw no reason for such a proceeding: and that, too, was the opinion of the parish priests—a body of men than whom none knew better the state of their parishioners. The majority of the Magistrates supported the proposition for placing the Barony under the operation of the Act. Immediately afterwards, there was a large assembly of persons, and a Resolution was passed, declaring that no disturbance had taken place, and that the course proposed was an infliction upon them which they did not deserve. They sent a memorial to that effect, which was most numerously signed, and among the rest by all the parish priests of the district. The Lords Justices did not answer that memorial for some time. At last they sent word, that they saw no cause to alter their determination. Sir William Brabazon then sent in a memorial, with other Magistrates, denying that disturbances existed, and declaring that there was no necessity for putting the barony under the Peace Preservation Act; but the Lords Justices did not think proper even to peruse the memorial. He believed that no country in Europe laboured under such unhappy inflictions as Ireland. The gendarmerie of France were not to be compared, in point of cruelty and oppression, to the police of Ireland. The gendarmerie were not armed so destructively, and they never used their arms but in cases of the most absolute necessity. They were not like the Irish police, roaming about the country, like roaring lions, seeking whom they might devour. Such a system of tyranny as that which existed in Ireland
704
was worthy of the Dey of Algiers. The origin, too, of the political agitation now existing in that county was worthy of notice. It all arose from the enforcement of the payment of tithes. The memorial of the Grand Jury, in the year 1830, proved that fact most decisively. On that subject, on which Irishmen seemed to be unanimous, it was not to be wondered at that there should be agitation. The county of Mayo, however, though it might be excited a little, was quite free from disturbances. There was no predial agitation in the county, no attacks on houses, lives, and property. There was, he admitted, agitation, on account of tithes which had existed at least since 1830, when the Grand Jury of the county of Mayo implored the Irish government to do something towards allaying the angry feelings of a Catholic population consequent upon its being compelled to pay tithes for a Protestant Church. It was impossible to read the memorials in his hand, without being satisfied that the state of this barony had been grossly exaggerated; and he should, under these circumstances, feel himself bound to move their Lordships to agree to the presentation of an Address to his Majesty, for the purpose of investigating the facts of the case. He hoped their Lordships would agree to this, as their Lordships' House was considered the last resort of the Subject when oppressed by grievances. It was impossible to read the contents of the memorial he had referred to without feeling convinced of the necessity of inquiry. He trusted his Motion would not be resisted. The times, he assured their Lordships, were altered, and the feelings of the subject were not what they used to be. The case, in fact, resolved itself into this:—whether or no an inquiry should take place when the people preferred complaints of grievances to that House. The subject of complaint was not one that concerned the people of the barony of Gallen, or even of Ireland, alone, but it concerned the whole people of the United Kingdom. Let it be considered that great and extraordinary powers were about to be placed in the hands of Government. Did it not, then, behove; their Lordships to inquire whether any necessity existed for the stretch of power, which even under the existing law, had taken place? Did it not behove them to inquire whether, as the people asserted, the conduct of those in authority had

705
caused the evils complained of in Ireland before their Lordships armed those accused of misconduct with still greater powers. His opinions on the expediency of arming Government with extraordinary powers were well known. He thought the existing law, if properly administered, was quite sufficient for every purpose of protection; but if that were not the case, the remedial measures ought certainly to have preceded the coercive. If his view of the case, he repeated, were not correct, his Motion would of course fall to the ground; but if it were found to be just, his Majesty's Ministers, if just to themselves and to the people of Ireland, ought to support it. He would proceed to show by various documents, that the state of the barony was not such as to warrant its being placed under the Peace Preservation Act. The first document he would read, was a memorial from the gentry, clergy, and inhabitants of the barony. It was as follows:—
At a meeting of the gentry, clergy, freeholders, and other inhabitants of the barony of Gallen, held at the Courthouse, Swinford, on Tuesday, January 29th, 1833, the following resolutions were adopted.
Resolved—that we cannot but view with the utmost surprise, a resolution adopted by certain Magistrates at a meeting held in Castlebar, on the 22nd instant, that this barony should be placed under the provisions of the Peace Preservation Act.
That, not with standing the excitement consequent on a hard contested election, this barony has never been more peaceable, nor more submissive to the laws than at present, and that we consider that resolution of the Magistrates a foul libel on the character of a loyal and peaceable people.
That we cannot but view such a resolution, emanating as it did from the Marquess of Sligo who was so deeply interested in the issue of the late election, and supported by Magistrates appointed by him, and totally ignorant of the real state of the barony, a vindictive proceeding for the independence and spirit evinced by our freeholders at the late election, and that we memorial the Lord-lieutenant or Lords Justices on this subject.
That the memorial now read be adopted, and immediately forwarded to the Lords Justices.
That this meeting, at its rising, do adjourn to this day week, in order to receive their Lordships' reply, and to judge of the necessity of adopting any other measures for the object of the present meeting.
That, viewing with the utmost contempt and scorn the impotent attempt that is now being
706
made to crush the spirit of independence that now exists among us, we will, by our peaceable conduct and submission to the laws, defeat the malice of our enemies, who, it would seem, are anxious to goad us into acts of insubordination; but that we will redouble our exertions constitutionally to relieve ourselves from the many burthens that now oppress us, and that we will not cease, by every means in our power, to procure the independence of our native country.
That the removal of the military from their usual barracks in this barony to Gallina, is the strongest proof of our peaceable and orderly conduct.
To the Right Honourable and Honourable Lords Justices of Ireland: the memorial of the undersigned gentry, clergy, freeholders, and others, inhabitants of the barony of Gallen, county Mayo:
Most humbly sheweth,
That your memorialists have learned with the utmost surprise, that, at a meeting of Magistrates held in Castlebar, in this county, on the 22nd instant, it was resolved to place this barony under the Peace Preservation Act; thereby adding to the taxation, and increasing those burthens which already press so heavily on the people.
That your memorialists beg leave most humbly to submit to your Lordships, that no case could be possibly made out to call for this extraordinary addition to the present civil force in this barony, as your memorialists are prepared to prove that this barony (peaceable even in the worst periods of public disturbance) was never so free from anything even like party spirit, as at the present moment; that rioting at fairs very seldom occurs; that no obstruction (except in a very few isolated instances, totally unconnected with politics and divested of the slightest appearance of insurrectionary movements) has been ever offered to the officers of law or justice; that your memorialists do not know that any nightly meetings have been held, or illegal oaths tendered, or, in fact, any overt act of insubordination to the laws committed, to warrant this call on the rigour of the Executive.
That your memorialists most respectfully beg leave to state, that they fear very much that this barony has been selected for punishment, more from a spirit of vindictiveness for the conduct of its freeholders at the late election for this county, than from any just wish to uphold the laws, or from the necessity of repressing outrage; as your memorialists most humbly submit that the former have not been infringed, and that the existing civil force is fully adequate for every purpose of protection.
In support of these allegations your memorialists beg to submit the following proofs:
1st. That, with the exception of three, not one of the assembled Magistrates, amounting to eighty and upwards, reside in this barony;

707
that not only were those who voted for the infliction of this Act, personally unacquainted with the state of the barony, but that they refused to admit into their deliberations the testimony of many clergymen and gentlemen who were anxious to afford them information on oath, and that your memorialists have reason to think that many written communications, which might have influenced their decisions in a different way, were withheld from them, and that those resident Magistrates who, from their local knowledge, could best testify to the peaceful state of our population, were opposed to the introduction of the Act.
2nd. That other baronies in this county, Burrishoole and Carra, where a very great number of these Magistrates reside, where disturbances of the most serious nature have taken place, where murders were committed under the very eye of the Lord-lieutenant, and where several lives have been lost in conflict between the people and the constituted authorities—circumstances that never occur in this barony—but where the freeholders did not exhibit the same spirit at the late election, as in ours, have not been visited with even an equal hand. We do not state this with any view to hold up these baronies as deserving a similar punishment, but merely to show that we have been most partially, most unjustly, and, we would say, most vindictively treated.
3rd. The strongest proof your memorialists can give of the state of profound peace and good order prevailing here, is the simple fact, that the presence of a military party, stationed in this barony, for more than half a century, has been deemed so unnecessary, that an order for their removal to a different district, where there services were required, was issued on the very day these Magistrates declared we required an extraordinary civil force, and that since the removal of the military not a single outrage has been committed to call for the interference of the few police remaining among us.
Relying on these facts, and trusting to the justice and humanity of your Lordships, that you will not, unknowingly, be made parties to any vindictive proceedings against us, we most humbly entreat, that, previous to adding to our distresses by the additional taxation this Act will impose on us, you will direct an investigation to be held by some officer of the Government who may be unconnected with the politics of this county, and your memorialists feel confident, that they will be able to satisfy your Lordships that in no part of the kingdom are the inhabitants more loyal, more peaceable, more submissive to the laws, and less deserving to be visited with any penalties, than the people of this barony.
His Lordship also read the affidavits of Mr. Ellar, and another Magistrate, dated 26th February,1833, showing the peaceful state of that barony; and the affidavits of a re-
708
spectable Catholic priest of the dstrict, of a Mr. Cooke, Catholic rector of another parish, who deposed, that his parishioners were all peaceable and orderly men; and of a physician who also stated, that he went about it all hours; and of the parish priest of Foxford. He would also read the affidavits of a Lieutenant of the Yeomanry Corps, and of a publican, which adverted to the case of the horse formerly mentioned by the nble Marquess.
Lord Wynfordrose to order. His Lordship submitted, that the noble Baron was greatly out of order in attempting to support his case by affidavits. They had been all illegally taken; and every noble Lord must be aware how improper it was in any individual invested by his Majesty with authority to have anything to do with such documents. Besides this objection, such testimonials were undesirable in other points of view. He well rernembered one of the best lawyers that had ever sat upon the Bench (Mr. Justice Lawrence) reprimanding an attorney in severe terms for taking such affidavits, for the deponent was never induced to alter his tone afterwards—he felt himself bound down by his previous act.
The Marquess of Sligofully agreed with the noble Lord in his objection, but would entreat him, in the present instance, to waive it. His character had been assailed in a way that would really he quite destructive, if he were not to have the opportunity of meeting, as he was anxious to do, every charge that could possibly be brought against him.
The Duke of Richmondsaid, one of these documents actually contained the report of a speech said to have been delivered in the House of Lords.
Lord Teynhamdid not mean to read that part.
The Marquess of Sligo: Read it—go on—go on.
Lord Teynhamadmitted there might be a slight departure from Order in reading the affidavits; but he did not know of any other mode except by an inquiry at the Bar of the House, by which to establish his case. If the noble Lord objected—
The Marquess of Sligo: It's nothing to rne—I deny the facts altogether.
Lord Teynhamwould then read the affidavit which applied to the case of the horse, which his Lordship did. It stated, that the person who swore the affidavit had

709
read in the newspapers an account of the Marquess of Sligo's description, and that the noble Marquess's description was not founded in fact. His Lordship said, the story of the abduction of the woman was false, as he could prove by affidavit. [Viscount Strangford: Pray read that.] The noble Lord accordingly read the affidavit, which was from the young lady's brother-in-law, and stated, that she was not carried away in the day-time, but was secretly conveyed away in the night by two persons, one of whom was in love with her. She was eventually brought back by a servant who was despatched after her. The noble Lord said, that it must be evident, from all that he had said, that the subject of his Motion was one of deep importance, and one which imperatively demanded inquiry the object of which would be, to ascertain whether or no there were sufficient reasons for placing the barony under the peace Preservation Act? He should, therefore, move, that an humble Address be presented to his Majesty, praying him to direct the Lord-lieutenant of Ireland to appoint proper and efficient persons to inquire into the facts in consequence of which the barony of Gallen was placed under the Peace Preservation Act.
The Marquess of Sligosaid, that, when he came down to the House, he was in expectation that he should hear something to answer. He was, however, agreeably disappointed. He had, indeed, heard a long and desultory story of armed men going about like roaring lions, but he had actually heard nothing emanating immediately from the noble Lord which could move him to a reply. There were certainly one or two points in the memorial which would require some observations from him, and which would oblige him in turn to read some documents, in order that he might more completely defend himself from the base calumnies which had been levelled against him. He had been accused of having recommended the application of the Peace Preservation Act to the barony of Gallen. In reply to that accusation he would say, that the sixtieth part alone of that recommendation fell to his share, for he was only one of the sixty Magistrates by whose advice that step was taken. In the next place, the necessity for this occurred long before any ground of hostility existed between himself and Sir William Brabazon.
710
On the 20th of October, 1832, he had written to Sir William Gossett the following letter:—'As soon as Mr. Bulfin is well enough to proceed there (Gallen), I will request him to do so, and to call out the Foxford party of military to protect the tithe-viewers, and try if he is able to effect his purpose thereby. If that district is not thereby pacified, it will be necessary to call for the Peace Preservation Act; and I have caused it to be notified, in that district, that such is my intention. The result, I hope, will be, that the view will be allowed to proceed peaceably.' A day or two before he wrote that letter, he had met a Magistrate of the barony of Gallen, and told him of the danger which, he thought, would arise if the Magistrates persisted in declining to act with promptitude. He pressed upon this gentleman's attention the necessity of calling on his brother Magistrates to act, and left him, in the hope that something might be done. Nothing was done, however, and "on the 24th of October, he again wrote to Sir William Gossett: 'I have the honour to acknowledge the receipt of your letter of yesterday's date, and beg to state, in the most distinct terms, that I think the residence of a stipendiary Magistrate in Gallen absolutely necessary. In my opinion, unless an immediate change takes place in its condition, from the exertions of a stipendiary Magistrate, it will be my duty to recommend the adoption of the Peace Preservation Act in that district.' On the 26th of October, he sat as chairman of the Petty Session at Westport, when a tithe question came on, and he then called attention to the subject, and informed the people that his duty would compel him to advise the application of the Act, if the disturbances did not speedily cease. He could not help thinking, that this circumstance must have been known to the noble Baron, and if it was, it was extremely unhandsome to allude to his political hostility to Sir William Brabazon as having influenced him in advising the application of the Act. He would, as his first evidence, read a letter which had been addressed to the noble Lord (Lord Teynham) by a gentleman in the county of Mayo, which letter contained a corroboration of the view taken by him. The noble Marquess read the letter as follows:—
My Lord,—As the public prints announce

711
your intention to press for a re-hearing upon the state of the barony of Gallen, in the county of Mayo, I think it but fair to inform you, that subsequent to the late discussion on that subject I wrote to a private friend, not unknown, I believe, to your Lordship, who possesses peculiar means of furnishing an accurate account of that district; and I deeply regret being obliged to add, that he assured me that the Marquess of Sligo's statement was "perfectly correct." These were his precise words.
Your Lordship will recollect that in the latter end of last November, or early in December, we met casually, at Whitehall; when you told me you were just then come from the Home-office, where you had called on and seen Lord Melbourne, in consequence of a letter you had received that morning from Gallen, slating the barony to be greatly disturbed,—that several persons had been killed in an affray about tithes claimed by Dean Gore and Mr. Bourke, and that the peasantry were violently excited, and, as your Lordship termed it, "all up," to the amount of several thousands. I was happy to learn, shortly after from other quarters, that the representation made to your Lordship was much exaggerated; but you will naturally feel that if I were compelled to name an authority in support of Lord Sligo's most painful and evidently reluctant statement, I must, of course, quote Lord Teynham as such authority.
Be assured, my Lord, that if I could be persuaded that these Parliamentary exposures and collisions affected only the distinguished individuals whose names are introduced, I should not interfere in this manner, as they are all well able to take care of themselves; but when I know, as I do, that they are most grievously injurious to the character and interests of my native country, and particularly to its peasantry, without producing any one beneficial public result, I feel assured that your Lordship will not refuse to be informed or reminded of any circumstances that might tend to induce the reconsideration of a course of proceeding leading to such consequences.
As I have referred so directly to Lord Sligo's name, I consider myself bound to place a copy of this note in his Lordship's hands.
I have the honour to be, my Lord,
Your Lordship's most obedient servant. Right Hon. Lord Teynham.
Indeed, continued the noble Marquess not a post left Ireland but it brought him letters couched in a similar strain; and he could produce affidavits without number, did he not know too well the means by which such documents were to be obtained. He would next read an extract from a letter from the chief constable of police of Gallen, dated the 25th of February, 1833, for the purpose of showing the state of disorganization in which the barony then was—
712
About the beginning of last November (I think the first week of that month) Mr. Walter, J. Bourke, a magistrate, possessing a good deal of property in the barony of Gallen, and a large tithe impropriator, wrote to me to request I would attend him at his lodge at Straid, as it was his intention to bring his tenants before him, and examine them on their oaths as to the system of outrage which then prevailed in that district; and he stated that he thought we might be enabled to get some useful information; at least, that from it I might be able to form a pretty accurate idea of the state of that country. I accordingly attended Mr. Bourke, and about sixty of his tenants came before him by his desire, each of whom he examined separately on his oath. With the exception of about eight or ten, who Mr. Bourke informed me were men of excellent character, and therefore, I supposed, were not considered trustworthy by those people, they each and severally acknowledged, on their oaths, they had been sworn by large parties of men, who came to their houses at night, and compelled them to swear. The substance of what they were sworn to, they said, was, that they were not to pay any tithes, and they were to give every opposition and resistance in their power to the payment of them by others; and that they were to be ready to turn out at a moment's warning. They declared, that to the best of their belief, with very few exceptions, every man of the lower ranks of life in that barony was sworn to the same thing. They acknowledged they had attended nightly meetings, but declared they had been compelled to do so. They did not deny but that they knew some of the persons who attended those meetings, but said they were sure they were compelled to do so,—at least many of them; but they declared they would suffer death rather than divulge the name of any person implicated in those proceedings, as they very well knew the forfeiture of their lives, and the destruction of their little properties, would be the inevitable consequence of their doing so. I remained two nights at Mr. Bourke's lodge; each night I could distinctly hear horns sounding in different parts of the country, no doubt for the purpose of collecting the peasantry for the object of carrying on those acts of outrage.
Another communication which had been forwarded to him, and which he begged to read, was the following:—
Swinford, 14th November, 1832.
My Lord,—Referring to my letter of yesterday's date, I have the honour to state that I proceeded this morning with a detachment of the 27th regiment, consisting of 110 rank and file, under the command of Captain Fulton, and a party of police, consisting of thirty-five men, to protect the tithe-viewers of Mr. Bourke and the reverend Mr. O'Rorke. The tithe-viewers commenced their business at about eleven o'clock, from the main road a

713
little beyond Mr. Deane's house, and proceeded up the mountain in the direction of Balla. Horns were sounded from all the hills. We met, however, with little obstruction until we came to the village of Coursewood, in front of which an immense mob had assembled, armed with stones, pitchforks, and scythes. I immediately ordered the military to form in line; read the Riot Act, and advanced up the hill to the village, and halted within a few yards of the mob; and again read the Riot Act, and begged of them to disperse; which was answered by horrid imprecations against the tithe-proctors; and a demand that they should be given up, accompanied with a defiance to his Majesty's troops to advance.
I immediately ordered the troops to move forward with fixed bayonets, and dislodge the rioters assembled in the haggard, which was done without any loss of life, and the business of the view proceeded.
The detachment then formed in column, and made a detour through the mountains, for the purpose of keeping on the high grounds, and to enable the proctors to view the haggard from right to left. We halted for that purpose between the villages of Dorrycor and Runduff. At about half-past one o'clock, horn sounding and yells then commenced on every side; the mob bore down upon us from the hill in every direction, and closed upon the column, uttering violent imprecations against the proctors. I desired the rear-rank of the rear-division to face about and disperse those people to a distance, when the troops were assaulted by a volley of stones, in returning to the column.
Considering the determination of the mob, and that further forbearance would have amounted to criminality on my part, I directed Captain Fulton to fire one round from the rear, and outward flank of the column upon the rioters, who immediately fled in all directions: this had the desired effect, and the detachment moved on in the performance of the remaining duty of the day, without further molestation.
I have not yet ascertained what execution the fire of the troops did, but conclude, from the number assembled, several must have Fallen.
The detachment rests to day, and proceeds on the same duty to-morrow, about three miles from the town.
I have, &c,
(Signed) SYLO JONES,
Chief Magistrate.
The Marquess of Sligo, &c.
The noble Baron wished an inquiry to be instituted into the state of Gallen; but an inquiry had already taken place in consequence of the memorial on their Lordships Table, from certain inhabitants of that barony. A detailed report was sent to Sir W. Gossett of the state of the barony, and a list of the outrages which had
714
occurred there from the 1st of October to that period. That list he held in his hand, and it would prove to their Lordships the truth of every one of those statements which he had made on a former occasion. They are classed under these heads,—murder, assaults on magistrates, open resistance of military and police, burglary and robbery, housebreaking, administration of illegal oaths, riot and manslaughter, attacks on parties of revenue police, illegal assembling, burnings, abduction, and rape, &c. He would first, however, read some other documents to the House, and would begin with a letter from the lieutenant of the revenue police stationed at Foxford, in that barony, accompanying the report to which he had just referred. It was as follows:—
In reply to your letter, calling on me to inform you of the different outrages committed in the barony of Gallen, county of Mayo, against the revenue police, prior to the proclamation of that district, and particularly of the several occasions in which I was resisted during the time I was stationed there,
I have to state for your information, that towards the close of the summer there evidently appeared a disposition throughout my district, of a wish that the country people were most anxious to quarrel with me, and seemed to seek every method to provoke, and in all but actually assaulting us.
I saw and carefully watched over the particular places where this feeling showed itself, and drew a line the most guarded, so that nothing possible could be laid to my conduct, or that I had harassed the people or exasperated their feelings.
The parish of Bohola, the parish of Straid, and part of Killover were the principal, where I first observed the growing discontent of the people, and their hostile feelings to everything of a government nature.
On the 15th of December last was the most serious conflict I had with the people, at a place called Shanaway, parish of Bohola, midway between Bohola and Keilthormack. The process-server had been told by the people of the village of Shanaway, if we dared to go that road we should never go it again, and not to attempt it, as they were lying daily in wait for us.
This appeared to me rather too formidable, and too intimidating; and accordingly I marched my party on the high road, intending to still hunt Shanaway, and into Keilthor-mock.
I had not left Bohola half a quarter of a mile when immediately horns were sounded, coupled with the most horrid and murderous threats, yells, screeches, whistling, throwing stones, and gathering in innumerable numbers,

715
armed with scythes, fire-arms, and other offensive weapons.
I halted my party, consisting only of eleven men, and primed, and loaded, and endeavoured to proceed on my duty, but in so short a time such immense numbers were collected, that I found it impossible to think of doing my duty, or of leaving the high road, and kept my party in close column—the only chance of protecting ourselves.
Having a perfect knowledge of the country, I knew where to press for a position equal to give my men a commanding one, and proceeded to the bridge of Killaden, under which runs a deep river; I was here determined to have engaged with them, as I had been struck twice seriously with stones from behind a wall on the hill, but so determined were they to injure and overcome us, that about 600 yards on my right and left they waded the river in order to head me and cut off my retreat.
There was this day an immense tithe meeting near Keilthormock, and had I fired on them then, that meeting, being in my front, would have been alarmed, and then indeed I was for ever overcome.
I still continued my line of march, and the people were still gathering in my rear; the road was covered with them, and they had taken off their coats, while on my right and left there was a dark moving mass, screeching, and yelling, and saying "they would go home in our clothes."
I had but one more commanding position to make for, and that was distant three miles, when a man ran down and asked to speak to me. He begged of us for God's sake to take shelter in his master's house (Mr. Taaffe, of Killadan) as we would be murdered that day, the immense anti-tithe meeting being in my front, and they would assist in our destruction. I answered and said, while I have a round of ammunition, I shall fight, and only give up our arms with our lives, and also requested, if he had any influence, to tell those misguided people to return to their homes, else I should be obliged in my own defence to fire on them and make many a widow and many orphans.
This man returned to them, but they heeded him not. I still continued to gain ground, yet fearing, in this trying situation, I should not reach the position I wanted, and their right wing, thinking I would make for Keilthormock, turned oft to head me. I saw their movement, and just as I came to the cross roads, wheeled to my left to gain the eminence which offered. Their left wing thought then to reach the position before me by making for it, and I had gained it scarcely a minute when they attempted to rush in. I halted and fired then upon them about forty rounds, when many were wounded, and one lay stretched along the wall where he fell.
This attack was made in one of the severest showers of hail and rain, and a very high wind, and they hoped that our firelocks would have burned priming from the severity of the day.
716
It may be necessary also to state that the distance they harassed us this day was five long miles, through cold, wet, and storm.
There has been a particular feature in this attack which has corroborated a threat long held out to us, that we should not think to pass this winter as quietly as we had the last.
Previous to the attack made on the 15th of December, there were several attempts made to entrap me and my party by a plan of giving us many false informations; and one particularly, a few nights before the attack, I was brought to a place called the woods, about three miles to the left of the town of Keilthormock, and had we taken the road laid down for us, that night, we were to have been murdered, and our arms taken from us. However, by my changing my route I reached the place, having to cross a river, and well suited for their purpose. Yet, providentially, I escaped by the movement through another road. This information had been given me by a person the morning after, and it so placed me on my guard from that hour not to attempt to proceed at night.
From the disturbed state of Bohola parish, and from all the circumstances of which I was aware, I found it impossible to attempt to perform my duty with so small a force, and wrote accordingly to the hon. the Commissioners of Excise for a reinforcement, or to be removed to Foxford, as the detachment of the 27th regiment was quartered there; the Bohola, or Shanaway people having threatened to come down at night to Swinford, and surprise us in our lodgings, and deprive us of the arms and ammunition—a thing which could easily be effected, by men being scattered through the town, not having a barrack.
Accordingly I was ordered to be removed to Foxford; and being there a short, time, I was anxious to let the country settle into a little quietude before I went on to perform my usual duty, it being most seriously excited by the election, and the disappointed hopes of the return of their favourite candidate. The first day I went out it was merely an experiment in order to come to the knowledge of the people's feelings, and for my own guidance afterwards. I simply marched my men about two miles at the Foxford side of Drummin-wood, and the people about that place seemed tranquil. I returned, and on my return I was informed had I gone towards Ballylahin I should have been attacked, the people being lying in wait for us behind some cover, where it was impossible for me to see them till I was actually surrounded.
I regretted the intelligence much, as I did hope the country would become tranquil, but it otherwise proved the contrary, and I delayed going to the side of Ballylahin, and stayed till the 16th of January, and reached a place called Tavaran, parish of Straid, when shortly before that we observed an immense number of people on a hill. We still proceeded on the high-road, and did not leave it,

717
and marched quietly along, having with us for our guide and assistance Sergeant M'Coy and his two constables, of the constabulary.
The people continued to gather, and, at last, horns were sounded, and yelling, and screeching, precisely as at Bohola. The numbers increased, and I asked Sergeant M'Coy to give me a strong position, if he knew it, as I was a stranger to that part of the country. The people came very close upon us, when I found it necessary to prime and load, in order that we should not be surprised. How ever, we could not do duty, or leave the high road, from the numbers that were gathering; nor was I qualified to fire on those misguided people, because they did not throw a stone, or break the law, except by collecting in immense numbers, and produced, naturally, of course, that intimidation which actually prevented and intcirupted me in my duty by threats of hostile intentions, which I should not excite. My duty then being over, and standing only in the defence of our lives, the arms, and the ammunition, those misguided people did every thing to provoke, and try me to begin the affray; but I felt, from the responsibility in trusted to me, nothing should for a moment make me lake a hasty step which afterwards would but bring me to the bar of my country, where I should be tried for my life.
I asked Sergeant M'Coy, could we possibly get another way to Foxford, not to be obliged to march through the parts of the country we had already, as they were still gathering in our rear, and it was quite impossible to meet such a force. He answered if we could get a boat at this side of the Moy we could get over to Clongee, which is within two miles or less of Foxford; if not, we should be obliged to retrace our steps and march five miles back.
We proceeded to the river, and fortuately obtained the boat and got over safe; but had we not, as hundreds had been collected armed with scythes, bayonets, reaping-hooks, pikes, and fire-arms, and had got themselves half drunk, in order to increase their desperation—had we not obtained the boat, that force was making fast on us, and I have no doubt, from the inequality of numbers, our lives would have been sacrificed, and our arms and ammunition fallen into their power. I have been informed on the spot, and by my sergeant, that only for the great anti-tithe meeting which was held that day in Bohola, only for the people being away, it would have been impossible to have escaped; yet the population appealed to me very little decreased by the meeting, for, in order to show how quick and perfect their signals are, Tavarane is about six miles from Bohola, and numbers, in less than an hour, left Bohola to come and assist in our destruction.
From the state of that part, then, of the country I found it impossible to remain even with safety in the town of Foxford, and I wrote to the Government to state that the
718
27th Regiment detached there was to be removed to Ballina, and not replaced by a civil or military force, and having received the best possible information that when the troops left Foxford my men were to be surprised at night in their lodgings, and the arms and ammunition taken from them, and knowing the correctness of the information, I felt it my duty to protect not only our lives, but the arms and the ammunition intrusted to me, and accordingly I marched to Ballina with the detachment, and which movement the hon. the Commissioners of Excise have been pleased to approve highly of.
There were many minor attacks made which I did not think it necessary to herein state, and have only given you two of the most serious and rebellious outrages I have encountered while performing duty in the parishes of Bohola and Straid, but at any time I can certify that those two parishes particularly have been much disturbed and dreadfully excited these many months.
I do conceive, from what I know, that the anti-tithe meetings have been the principal means of laying the germ of disturbance in the barony of Gallen; and that feeling having gained such rapid strength by the excitement of the election and the electioneering agents, the misguided people still foster the idea that they will yet be able to get the country into their own hands. Hoping the above information will answer the intention sought for, or if I can at any time be able to afford you the least assistance in any material inquiry, I shall feel most happy to do so. I am, Sir, &c.
My Lord—I have the honour to report, that in furtherance of the duty in which I am at present engaged, I proceeded this morning with a party of police and a detachment of the 27th Regiment from this town to the parish of Bohola, where I was reinforced by a detachment of sixty rank and file of the same regiment from Castlebar.
I was met at Barley-hill by Mr. Walter Bourke, in his carriage, and his tithe-proctors, and those of the reverend John O'Rourke. The detachment marched on to near Mr. Dean's house, when we commenced the duty of the day, leaving Mr. Bourke on the road with a small party of mounted and dismounted mea for his protection. Several villages were immediately viewed, and we returned to the high road, leading from Swinford to Castlebar, when I was informed that Mr. Bourke had been obliged, from the great assemblage of persons pressing upon him, and the menacing language made use of by them, to take refuge in Mr. Dean's house. I lost no time in detaching an officer and twenty men of the 27th regiment to his protection. By this time large assemblages of people had taken place on all the hills as far as we could see, amounting in the whole to some thousands, and sounding of horns commenced in every direction, and at this time some few shots were heard. I lost no time in concentrating

719
the police and troops, and in the helpless and exposed situation in which Mr. Bourke was placed, I considered it advisable to detach another portion of the troops to Mr. Dean, and sent a message by his nephew, to request he would immediately get into his carriage and join the main body. The gestures and menaces of the mob, consisting of about 500 men, nearest to where we stood on the road, was most violent, and from all I could learn, their principal object of attack was Mr. Bourke and his proctors; from the very feeble state that gentleman was in, I considered it an imperative duty not to leave him, and remained for some time endeavouring to persuade him to return in the direction of Ballyvarry, which he at last consented to do. Seeing him away under a sufficient escort of police, I immediately proceeded with the duty, and, having moved the troops and police to a hill nearest the most violent assemblage of people, I ordered the detachment to prime and load, and then read the Riot Act. I then addressed the people, warning them of their danger and the situation in which they stood, and proceeded to view the other villages, and then returned to the main road, sending home the reinforcement to Castlebar, and returning with the detachment to Swinford. To-morrow morning I shall commence duty near the same spot, on a mountain in the direction of Balla.
Mr. Wright, chief constable, asserts, that at one of the villages several persons appeared with pikes and scythes, and showed every disposition to attack him and the proctors under his care.
In conclusion, I have nothing to add, but that the greatest for bearance and good conduct has been manifested on the part of the troops and police; and I sincerely trust that we shall be enabled to close this most important and arduous duty without having occasion to resort to the use of our arms.
I beg your Lordship will have the goodness to excuse the length of this detailed report, and that you will be pleased to forward it to Government.
I have the honour to be, &c.
He would then proceed to read to their Lordships the calendar of the prisoners for trial at the ensuing Assizes for Mayo, which the noble Marquess did as follows:—

Murder

23

Rape and abduction

19

Assault and robbery

24

Housebreaking and administering oaths

19

Appearing in arms

5

Arson

4

Forgery

3

Concealing the birth of her infant

1

Larceny

18

Uttering base coin

3

Total for trial at the Assizes

110

For trial at Sessions

15

Debtors

15

Vagrants

7

Lunatics

43

199

Prisoners under former rules

106

Total

305

It had been stated, that the application of the Peace Preservation Act to the barony had taken place without the consent, and contrary to the wishes, of those most interested in its welfare. But he held in his hand another document, which showed that two-thirds of the actual proprietors of land in the barony concurred in the propriety of calling upon the Government to proclaim the barony. In fact, sixteen of them were actually present themselves, or by their agents and immediate connexions, when the resolution was adopted, and the sentiments of eleven others, comprising two-thirds of the whole property of the barony, were known by other means to have been favourable to it. The noble Baron had asserted, that the committals from the barony of Gallen were fewer than those of 1830, which had been included also in the return on their Lordships' Table. Such was not the fact. In 1830 there were twenty-four committals from Gallen, while, in the present year, there had been twenty-nine, though there had not been the full number of sessions held. When the Magistrates were inattentive to their duty, could it be imagined, that the people would respect them? From the 27th of September, 1832, to 31st of January, 1833, but one Petty Session was held at Foxford, although frequent applications were made by the poor people. The remarks of the noble Baron had not been confined to the barony of Gallen. He was accused of having misrepresented the state of Mayo generally; whether he had or not, their Lordships would be able to form an idea when he stated that, by the official Report of the last month's occurrences, it appeared, that 255 outrages had occurred in the month of February—of which fourteen were burglaries and arms-taking, and seventeen malicious destruction of property. How was it possible to contend, that, in such a state of things, the ordinary law was sufficient for the protection of the peaceable and well-disposed part of the community? He should be wasting the time of their Lordships to endeavour further to refute such a proposition. If the noble Lord could

721
bring forward any case, he was prepared to answer it; and he fell assured, that he should do so to the satisfaction of their Lordships. He felt grateful to their Lordships for having listened to him with so much patience; and would conclude by expressing a hope that the noble Baron himself would acquit him of having been actuated, in any thing he had done, by any other desire than that of performing his duty to the best of his judgment and ability.
Lord Plunkettobserved, that it would be quite unnecessary for him to say anything in addition to the satisfactory refutation by his noble friend of the noble Lord's charges, and he should, therefore, not have risen, had not the noble Lord imputed to him (Lord Plunkett) a capital offence, for which it appeared he deserved to lose his head, as the great Lord Strafford had done. He would, therefore, plead before their Lordships on this capital indictment. This act, this single act, was, it seems, his having signed the proclamation for placing the Barony of Gallen within the operation of the Peace Preservation Act. But, when he stated to their Lordships that he had received from sixty Magistrates of the county a representation of the necessity of the measure, he thought they would allow that he could take no other course than that which he had adopted. It appeared, however, that three Magistrates declared that they had no reason to know that the Barony was in a state of insubordination. It was certainly not extraordinary that they had no reason to know it, as it appeared that they were absent. On this point he thought the noble Lord had been rather abstinent in his censure upon him (Lord Plunkett) for he should certainly find it more difficult to vindicate himself from the charge of not having removed those three Magistrates from the Commission than from the charge which the noble Lord had been pleased to bring forward against him. The noble Lord had said, that the Barony of Gallen was in a state of perfect tranquillity. In answer to that assertion, their Lordships had heard the documents read by his noble friend, which proved not only the existence of great outrages in the Barony, but of mobs who compelled the soldiers and the police to put themselves in military array, and to fire in their own defence. As to freedom, it was idle to talk
722
of freedom, it was profanation to talk of freedom, in such a state of things. Those who urged the people of Ireland on to the acts of extravagance and violence which they had committed were the real tyrants of that unfortunate kingdom. The noble Lord had said, that the ordinary exercise of the law would have been sufficient to put down the disturbances. So thinking, he was surprised that the noble Lord had not resisted the Bill, as some called it, for coercing; but as he considered it for protecting the people of Ireland. In furtherance, as it was to be presumed, of the noble Lord's object, to make the existing law sufficient for the necessities of the case, the noble Lord had endeavoured to cast odium on the police of Ireland. In every large body of persons, there must be some obnoxious to censure; but he would take upon himself to say, that, generally speaking, the police of Ireland was a most valuable body of men. Yet, notwithstanding this fact, and notwithstanding the fact that the lives of the military, as well as the police, had been perilled by the mob, still the noble Lord was of opinion, that in a civilised country the police was a most unconstitutional force, and that their staves ought to be taken from them. To disarm the police was the way in which the noble Lord would proceed to tranquillise Ireland. He would not have trespassed so long on their Lordships, but that he wished to avoid the fate of his great predecessor (Lord Strafford). It was evidently against so insignificant a person as himself (Lord Plunkett) that the noble Lord's Motion was directed; for the address proposed was not to pray that the Lord Lieutenant should be instructed to inquire into the state of the Barony of Gallen, but that he should be required to specify what were the grounds on which the Peace Preservation Act had been extended to that Barony.
The Marquess of Westmeathwas afraid that the noble Lord had been led astray by false information. He had no particular information as to the state of Mayo, but he could say, that the police of Ireland were a most deserving body of men. Except on particular occasions, they were uniformly employed in the counties of which they were the natives, and were considered by all the respectable part of the population as their friends and protectors.
Lord Teynhamsaid, that the noble

723
Marquess had given such a satisfactory explanation that he could no longer doubt that, the affidavits he had received were erroneous. Under that impression he should beg leave to withdraw his Motion.
Motion withdrawn.