MOTION FOR PAPERS. (Hansard, 10 February 1865)

THE EARL OF LEITRIM
, who had given notice of Motion for copies of documents relating to the conduct of the 129 Constabulary in enforcing the Revenue Laws, who spoke at some length, but was imperfectly heard, said, he felt it his duty to move for these papers; because, from the information he had received, he was led to believe that the police were not justified in the violent measures they had adopted. It appeared that the police searched the house of Michael Sheedy for illicit stills, without being authorized by any warrant, and in the course of their proceedings took him and his son into custody, and also carried away certain illicit stills and other matters upon the cart of Michael Sheedy, which might have been destroyed. It is stated, that while on the way back with the prisoners a great number of people assembled, and that the police became alarmed. The police were not hurt, and it does not appear that any one of their body received so much as a scratch; yet they fired on the people, and killed a man named John Darcy. As the law at present exists, it is a part of the duty of the police to summon the jury to attend the coroner, and, consequently, in this as in other like cases, such as that which will be hereafter mentioned, the police summoned the persons who were to try the case and give a verdict for or against the acts of their companions, either in justification of those acts or to place them on their trial for manslaughter. This appears to be a most objectionable and a very unsafe course to be taken, and one which is neither calculated to give satisfaction to the public or to conduce to the safety or liberty of Her Majesty's subjects, or to the peace or welfare of the country. The case of Robert Davidson is somewhat different, but the result is equally objectionable, and is most dangerous as a precedent; consequently, it is one which should not be passed over without notice. During the month of August last past there were, unfortunately, serious and continued riots in the town of Belfast, during which there was much blood shed; a very large force of military and police were sent to the town, as well as six stipendiary magistrates, with a view to restore order. It does not appear that the military were ordered to fire upon the people, but it does appear that a sub-inspector Caulfield, of the police, became alarmed for his safety and, perhaps, the safety of his companions; he ordered his men to fire on the mob, and he killed a man named Robert Davidson. It does not appear that there 130 was any magistrate present, or that he had any legal authority to fire excepting in self-defence; but as it is not stated that he was hurt by any body, or that any of his companions were hurt, it does not appear that his fears are a sufficient justification for his killing a fellow subject without the orders of a justice of the peace. The military cannot destroy life without orders from a justice of the peace, and the police ought not to be allowed to do that which the soldier dares not do. Robert Davidson being killed, a fellow policeman assembled a jury to try the case, and a true verdict give, as to how Robert Davidson came by his death, and the verdict they returned was, "Justifiable homicide." Now he (the Earl of Leitrim) thinks that verdict so given most unsatisfactory; and every person engaged in that riot who may be hereafter put on his trial for manslaughter may, with equal justice, claim to be acquitted on the grounds of his fears for his personal safety, that his acts were justified by the danger of his position. Under these circumstances, it is to be hoped that Her Majesty's Government will give the papers asked for. He (the Earl of Leitrim) considered that the police had acted without authority, and in a most arbitrary manner, and he desired to know whether their conduct was approved by Government. There was a coroner's inquest, but as the jury were summoned by the police the verdict was not likely to be adverse to them. The system of searches by armed police without warrants was certain to lead to disturbances, and it was a subject demanding the consideration of the Government.

§ EARL GRANVILLE
said, he thought the object of the noble Earl was rather to make a statement than to press for the production of the papers. The noble Earl said, that the police made a search without a warrant; but by the 1 & 2 Will. IV. c. 63, s. 18, it would be found that it was not necessary to have a warrant for the purpose of instituting a search in revenue cases. This particular case had been inquired into by a coroner's jury, and by the local magistrates, and as nothing more could now be done in the matter it would only be reviving an ill-feeling to keep the matter open. He should, therefore, decline to produce the Returns. With respect to the Belfast riots, the Report of the Commissioners who had been appointed to inquire into the matter would be in their Lordships' hands in a very few days, and it was therefore unnecessary and undesirable to produce the papers asked for.

THE EARL OF DONOUGHMORE
said, that the police in Ireland could not, as simple police, search houses without warrants; but when they clothed the police with revenue powers they gave them power to enter a man's house at any hour of the day or night; and the consequence was that the people of the country did not know in what light to view them, whether as revenue officers or as mere police officers. At one time there was a special revenue police, and he was opposed to the abolition of that force; but as it was said that a doubt existed as to the constitutionality of that body, and that some members of it were notoriously Ribbonmen, he was induced to forego his opposition. He certainly did regret the abolition of the force, because the system 132 of imposing the duties of revenue officers on the police was mischievous. With regard to the papers which referred to the proceedings at Belfast he should ask his noble Friend not to press for them, seeing that the Report of the Commissioners would be in their Lordships' hands so soon, but he hoped that the Government would consent to give the papers in the first case.

THE EARL OF LEITRIM
denied that he had brought the matter before the House merely for the sake of making a speech. He was perfectly aware that the matter must come before the House again, and he would therefore leave it in the hands of their Lordships.