Lords Sitting of 14 September 1887

MINUTES.
PUBLIC BILLS—Second Reading—Committee negatived—Third Reading—Consolidated Fund (Appropriation); Local Authorities (Expenses) (270), and passed.
CRIME AND OUTRAGE (IRELAND)—FATAL CONFLICT WITH MOONLIGHTERS NEAR ENNIS—MURDER OF HEAD CONSTABLE WHELEHAN.

  QUESTION. OBSERVATIONS.
  LORD FITZGERALD,pursuant to Notice, rose to ask Her Majesty's Government, Whether they will take into consideration the claims on the nation of the widow and children of Head Constable Whelehan, who so recently met

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  his death in the courageous discharge of his duty; and whether the Government have any fund at its disposal out of which adequate compensation could be provided? The noble and learned Lord said, his excuse for bringing the matter-forward now was, that if he did not avail himself of this opportunity, he should not have another. He hoped the case was one that might be spoken of free from all Party and factious considerations, and he had no desire to say a word that should add to the existing excitement. Above all, he would avoid making any observations which could interfere with the due administration of justice in Ireland, or prejudice the persons who were apprehended. The death of Head Constable Whelehan occurred on Sunday night last, the fatality being brought about by a courageous effort on the part of that officer to prevent the perpetrating of two felonies, and to protect life and property. These felonies were, first, an attack on the dwelling-house of a person named Thomas Sexton—and their Lordships might not know, but he would inform them, that under an Act of Parliament passed by the Parliament of Ireland, it was a felony to attack a dwelling-house at night. The offence was formerly punishable with death, but by a modification of the law in the Imperial Parliament, was now only punishable with imprisonment or penal servitude, at the discretion of the Judge. The second felony consisted in the party assailing the dwelling-house, or attempting to assail it, intending probably also to commit some grievous personal injury to Mr. Sexton. Indeed, it now appeared sufficiently plain that the party who attacked the dwelling-house were armed with deadly weapons, which, if it had not been for the activity of the police, they might have used with deadly effect. In preventing this, Whelehan lost his life; and he had heard enough of Whelehan to be able to say that, if now living, he would say—" I have done my duty, and I have done nothing more." This man had been 22 years in the Constabulary, and for the past Hew years had been stationed at Ennis. Ennis was a town with which he (Lord Fitzgerald) was a great deal in communication, as it was the borough he had formerly represented in Parliament. Well, he had read and learnt that Whelehan
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  for the past five years had been head constable there, and during that time had earned the goodwill and respect, and even the affection of the most intelligent of the inhabitants, as he had done in Sligo and other parts of Ireland in which he had been stationed. He was an active, though not too active policeman, and he had always maintained the character of an upright, just, and active man, as remarkable for his humanity and his discretion as for his constant efforts to prevent outrage. It appeared that last week it was considered advisable to double the force protecting Mr. Sexton's house, and in anticipation of an attack, the County Inspector selected Whelehan as the most active, discreet, intelligent, and humane officer available to proceed to Lisdoonvarna in order to take the necessary steps for protecting the dwelling-house, and capturing the assailants. He would have thought that the district in which the murder took place—Lisdoonvarna—would, above any other in Ireland, have been very free from outrages of this character. Head-Constable Whelehan, in order to prevent bloodshed and to capture the offenders, had made an excellent disposition of his forces. He placed the main body of his force inside Sexton's house, and others at various efficient points of vantage, and he himself with another constable were at the posts of danger outside. It appeared that while engaged with the leader of the band in conflict, somebody assailed the head constable from behind, and with a murderous weapon crushed in his skull. He would not call the gallant man unfortunate, because he had died in the performance of his duty; and, in the circumstances, he thought a full, generous, and liberal provision should be accorded to those whom he left behind. Of course nothing could compensate the widow and children for the loss of husband and father; but such pecuniary compensation ought to be given as would be some consolation to the widow and would afford encouragement to other members of the force by showing them that if they lost their lives in the performance of duty their families would not be forgotten by Government, by Parliament, and by the country itself. As far back as the time of Alfred the hundred, or district, was made responsible for crime committed

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  within its limits, and now, by the Statute Law of England, if an individual lost his life in an endeavour to capture a criminal, the Judge who tried the case had power to award full compensation to bereaved relatives; and it was paid by the Sheriff and recouped by the Treasury. It rested, therefore, in such cases with the Judge of the Court, who was acquainted with the facts, to award full, complete, and adequate compensation. He regretted that no similar enactment was in force in Ireland. There were provisions in the Crimes Act of 1882, which Lord Spencer so prudently and vigorously administered, which might have met the circumstances of the case; but they had not been renewed in the measure which had recently passed Parliament—the Act for the Amendment of the Criminal Law in Ireland. Under the Irish Constabulary Act of 1883, Whelehan would have £35 a-year, and might rise to £40 a-year; and in case he lost his life by any calamity over which he had no personal control, his widow would receive an allowance not exceeding £10 a-year and £2 5s. for each child. Nothing more could be done under that Act; and it was obvious that in a case of this kind such an allowance was wholly inadequate. Further, it was not desirable that compensation should come from private individuals; but it should be given by the Government so as to stamp the conduct of the deceased officer with the approval of the Government and the country. The present occasion seemed to admit of his saying a few words in vindication of the Royal Irish Constabulary. They might be described as a most intelligent body of and from the best educated of the small farming and labouring classes of the country, who formerly had the affection of their countrymen; but of late years a somewhat different feeling had prevailed. The Constabulary were sprung from the people, and belonged to them; but the force, on account of its loyalty and discipline, had been traduced and calumniated, and much had been done to alter and lower the estimation in which they were formerly held. They had been called cowards, whose only business was to baton women and children. The men who made this charge were themselves cowards—inasmuch as they placed women and children in the front ranks, in order to avoid the consequences to
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  themselves. The Constabulary were a brave and loyal body of men, to whom was due the suppression of the Fenian conspiracy. It should be recollected that there had been more than one armed and dangerous Fenian insurrection suppressed by them without bloodshed. Much had been done of late to make them the objects of popular hatred, and popular prejudice, and as he had said recently, they had even been accused of being cowards, for the reason that, having duties to perform, they did so fearlessly and with a complete regard to that discipline which is so necessary in the executive guardians of peace and order. He felt it his duty to defend the force from charges of cowardice, and would point out some instances of their undoubted bravery in coping with armed insurrection in Ireland in the past, during the period of the Vice-royalty of the late Duke of Abercorn as rich in the examples of the loyalty and steadfastness of the Royal Irish Constabulary; but if there were exceptions to this general rule, they were only of such a character as to point the rule, and the general conduct of the force bore comparison with any other similar force in the world. He hoped the Government would see their way to recognize the heroism of Head Constable Whelehan in a manner which would be just and generous.
  THE LORD CHANCELLOR (Lord HALSBURY)said, he only desired to say a few words for the purpose of reminding their Lordships of the powers possessed by the authorities, which had existed ever since 1682, to give rewards or indemnities to the relatives of those killed in the discharge of their duty in endeavouring to put down crime. He thought the first Act under which this power was given was the 4th of William and Mary; then the 58th of Geo. III.; and, finally, the 7th of Geo. IV., chapter 64, which gave absolute power not to limit any amount of compensation. Under this Act he believed compensation could be given—as far as money could be a compensation—in the form of money to the relatives of any person who happened to be killed in endeavouring to apprehend any person guilty of a crime. Among the offences included in the list in respect of which compensation might be given were the crimes of murder and housebreaking, and he had

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  not the slightest doubt but that the provisions of the Acts were so wide as to amply include the offence of which the Moonlighters were engaged near Ennis, to which the noble and learned Lord (Lord Fitzgerald) referred; but, unfortunately, the Statute did not apply to Ireland. It was within his experience that this Act was put into force in England. In 1855 a case was tried at the Old Bailey by the late Lord Campbell, in which a Frenchman Barthelemi, in the Tottenham Court Road, shot a tradesman who was trying to arrest hi in for another murder which he had committed. It was then decided that certain sums of money should be given to the widow of the deceased. The question arose what should be done in this case. In the instance he referred to, the order made by Lord Campbell called public attention to the case, and induced a great number of persons to contribute to a subscription for the widow and children, who received a considerable sum of money in addition to that given under Lord Campbell's order. He was desirous that the House should have the actual facts before them. He thought it right to lay before their Lordships the law on the subject; but, unfortunately, he was aware that there was no actual fund at the disposal of Her Majesty's Government out of which compensation could be given in this case. He was sure that there was no Member of their Lordships' House who did not admire and appreciate the gallantry of the deceased Whelehan, or who did not heartily agree with the noble and learned Lord's touching words in which he had given expression to the sympathy which was no doubt in the minds of everyone in consequence of the calamity which had overtaken his widow and family.
  THE EARL OF MEATHsaid, that, as an Irishman, his heart was stirred when he read of the gallant way in which Head Constable Whelehan had lost his life. He would not have lost his life if he had chosen to use the firearms with which he was provided; but he lost it because he did not wish unnecessarily to shed blood. It was only an Irishman who could appreciate the difficulties with which the Irish police had to contend in the arresting of Moonlighters. In this case, it was the duty of the head constable who was in charge of the force
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  to assemble his men without exciting the least suspicion in the minds of the culprits, and also in the minds of the public. Whelehan was a brave man, who managed his force admirably, and the guilty party were cleverly and gallantly taken in the very act. He (the Earl of Meath) rejoiced at the heroism of Head Constable Whelehan, and prophesied that his important capture would have the effect of preventing repetitions of Moonlighting outrages; and he strongly hoped that it would he possible for the Government to make some testimonial for the gallant manner in which the capture had been made. The Royal Irish Constabulary was a body of which the nation had good reason to be proud. Their Lordships would bear him out when he said that neither the constabulary of France, Germany, or the United States were more lenient in their dealings with the people than the Irish Constabulary. Yet these men had been described elsewhere as cowards. He was sure that those who uttered these words would, in calmer moments, believe that it was their duty to withdraw that aspersion upon a noble force which had done its duty to Her Majesty. How was it that the Constabulary obtained their title of "Royal?" Was it not owing to the fact that a Fenian rebellion was practically put down by 12 policemen in what was called the Battle of Tulla? The world in general, at all events, were aware that this noble body of men did not deserve the name of cowards. When it was considered that the force consisted only of 13,000 men, scattered throughout Ireland in twos and threes, sometimes without officers, separated even from non-commissioned officers, he doubted whether, not even excepting the Life Guards, Her Majesty, in the whole of her vast dominions, could find a military body which, if placed in such circumstances, would not lose more or less of its discipline and its smartness. These men were courteous, civil, and kind to all with whom they came in contact; and yet, owing to the unfortunate circumstances connected with Ireland, which, as an Irishman, he deplored, they had additional difficulties to contend with. They were Boycotted, they were unable to obtain provisions, and were nut allowed to speak to their neighbours. If it was possible for the

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  Government to do anything which should show their approval of the way in which Constable Whelehan had acted, he hoped, as he had said before, it would be done. It would show the Irish. Constabulary that the Government were not careless of the way in which they performed their duties. Constable Whelehan had left a widow and five children; and though it might not be possible for the Government to reward them sufficiently, yet they could at least show that they were not unmindful of what had been done for the country by making provision for them, thereby doing what they could to prevent suffering and loss to the widow and children in consequence of the husband having sacrificed his life in the performance of his duty. He supported the request of the noble and learned Lord with great pleasure. It was a good thing for maintaining the loyalty and honesty of the service that merit should meet with its reward; and in cases of such prominent bravery as that of Head Constable Whelehan the reward should be meted out with no stinting hand.
  LORD BRAMWELLsaid, he was glad of the way in which the request of his noble and learned Friend (Lord Fitzgerald) had been met by the noble and learned Lord (the Lord Chancellor), and not merely for the sake of the unhappy widow and children, because he was quite certain that private gratitude would take care that, as far as money was concerned, they should never miss the husband and father who had been so wickedly slain. He was glad of the question having been raised, however, because he regarded it as most fitting that some indication of, the Government gratitude for the gallant service of Head Constable Wheleban should be made. He was glad that the case had come before their Lordships' House, because it was most important that there should be some exhibition of the sympathy and good feeling of the Government towards the deceased and those who survived him. It was a most important thing that that feeling should be generally shown, and he only wished that there had been a larger attendance of their Lordships. They might have the best law it was possible to devise, they might have honest and upright Judges, they might have juries who would fearlessly do their duty, notwithstand-
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  ing the danger they incurred; but unless they could have the humble executor of the laws who would bring the criminal into Court where the law was to be administered, their laws, Judges, and juries were all in vain. He, therefore, said that it was of the utmost importance to his mind that those to whom this duty was entrusted should know that they were supported and sympathized with when they discharged their duty; and when in the course of it they were injured, and when they were barbarously slain, that those whom they left behind should be taken care of and receive the sympathy and goodwill of the public at large. It was in doing his duty that this man was barbarously slain, and he believed that he died with the sympathy of the public at large. If ever there was a body which required that sympathy and goodwill, it was that faithful and gallant body of men, the Royal Irish Constabulary. Being members of the same class with whom they had to deal, the Constabulary were under temptations of a peculiar nature. They were subjected to persecution; and if they discharged their duty, they were subject to be reviled and traduced by statements that they were murderers and cowards. The House would remember that by their bravery Fenianism was put down. He was, therefore, glad that there had been this expression of goodwill and sympathy on the part of the Government, and, as far as possible, on the part of the House. He was glad—not in reference to any particular case—to have the opportunity of stating the law on questions arising now, and this was his justification, for rising to address their Lordships. Supposing a case in which the police were undoubtedly in the wrong—interfering and doing things which they had no right to do. In the presence of lawyers, who he was sure would not contradict him, he said it was unlawful to resist them by beating them, or throwing stones at them, by charging them with horses, or in any other way than by as peaceable and pacific resistance as could possibly be shown. But, further, after the police had left the scene of disturbance the notion that they were to be chased and pelted and beaten when on the ground was to suppose a condition of the law which was utterly untrue. In such o, case as that

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  the police had a right to resist with extreme measures. He was anxious not to be misunderstood in this matter. He did not contend that, because a stone had been, thrown at a policeman, that officer had a right to fire his weapon, for he had no such right. But if the policeman's life was imperilled from continued stone-throwing and manifestations of violence—if he did not know but what his life would be sacrificed, or the lives of his comrades lying disabled on the ground—he then said that, there was no doubt the policeman had a right to resist the people, even to the extent of taking the lives of those committing the illegality. It was desirable that this should be known, and he challenged anyone to deny that it was the law.
  THE SECRETARY OF STATE FOR INDIA (Viscount CROSS): My Lords, I rise for two purposes—in the first place, to express on behalf of the Government, as the noble and learned Lord on the Woolsack has already done, the deepest sympathy with the widow and children of Constable Whelehan in their affliction; and in the second, to say that anything that can be done by the Government on their behalf shall be done. When I saw the Notice of the noble and learned Lord (Lard Fitzgerald) this morning, I put myself in communication with the Chief Secretary for Ireland, and requested him to furnish me with such an answer as I could give to your Lordships' House whenever the matter should be brought forward. I do not profess to know anything about the Irish Law of pensions; but the Chief Secretary, at my request, telegraphed to Dublin with regard to the matter, and about half-an-hour before I came down to the House I received the following from the Chief Secretary, with a request that I should read it to your Lordships:—
  "The Irish Executive intend to strongly recommend to the Treasury that the widow of Head Constable Whelehan be granted from the Constabulary Vote a special pension of £40 a-year so long as she remains a widow, and there will be an allowance of £2 10 s. a-year to each child until it attains 15 years of age. In addition to these annual allowances, the widow will receive in her own behalf and that of the children a lump sum of about £150 from the Constabulary Force Fund."
  I think from that it will be seen, and that your Lordships will consider, that the Government have, as the noble and learned Lord says they ought to, taken
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  a generous view in this matter. The noble and learned Lord has said that no money compensation can compensate the widow and children for their loss. I entirely agree with him, but it still remains with us to do all we can on their behalf, not only by showing our sympathy, but in order to keep them from want, misery, and penury. There is one consolation which the widow can have—it is that her husband died bravely in the discharge of his duty, a manner of death in which any man may be proud to die. But, beyond that, I think that we have a duty to perform, to the Royal Irish Constabulary. It is to assure them by our action in this case of our sympathy, and more than sympathy, of our support, when they act on behalf of law and order. That is the duty of the Government. Our action in this case should be such as to show them that they may rely on the support of the Government in the discharge of their duty—a support which I am afraid has been sometimes doubted. We know that they do their duty; we know how they will be persecuted; we know how their conduct will be maligned; we know how they will be upbraided from one end of the country to the other simply because they have done their duty; and the least we can do is to assure them of our sympathy and support in the trying circumstances in which they are placed.

CONSOLIDATED FUND (APPROPRIATION) BILL.
(The Viscount Cross.)
CONSOLIDATED FUND (APPROPRIATION) BILL.

  SECOND READING.
  Bill read 2a (according to Order).
  LORD DENMANsaid, that Lord Lyndhurst had often reviewed a past Session on the second reading of the Consolidated Fund (Appropriation) Bill. He (Lord Denman) ventured to remind the House that the Laud Transfer Bill named in the Queen's Speech had been withdrawn in "another place." He would further remind the House that the clause for dividing the lands of intestates, like personalty, was introduced by a former Government 16 years ago, and never again brought forward. He had, since the third reading of the Bill, been into Franca to inquire as to its working in a family of seven, one of whom told him that, 52 years ago, each

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  child must have an equal share of its parents' property; and he found that it had caused the destruction of property. He hoped that it might not injure the Government to lose one of the Bills named in the Queen's Speech, as reform had been mentioned in 1852, 1859, 1860, and again in 1866, when the then Chancellor of the Exchequer, on Lord John Manners quoting from Lord Tennyson's A Land of Settled Government, said the noble Lord ought to have gone on, and quoted, from the epistle dedicatiory to the Queen, verses in praise of the measures of reform. The words that really follwed were—
  "Where Faction seldom gathers head."
  The Chief Rabbi, Dr. Adler, had quoted the words before—
  "Where, begirt by friends of foes,
  A man may speak the thing he will;"
  but the words before those words were applicable still—
  "It is a land which freemen till,
  Which sober-suited Freedom chose."
  It is true now, as it was then. He had great confidence in the present Government; and he hoped that such measures as the Law of Evidence—so called—Amendment Bill would not again be supported, and part of the Land Transfer Bill might not again be brought for ward, although partly alluded to in the Queen's Speech.
  Committee negatived; (Standing Order No. XXXV. having been dispensed with for the remainder of the Session), Bill read 3a, and passed.
  House adjourned at a quarter past Two o'clock, to Friday next, Two o'clock.