that Athenian lawgiver whose edicts were said to be written not in ink but in blood. But suppose it past; suppose one of these men, as I have seen them,-meagre with famine, sullen with despair, careless of a life which your lordships are perhaps about to value at something less than the price of a stocking-frame-suppose this man surrounded by the children for whom he is unable to procure bread at the hazard of his existence, about to be torn for ever from a family which he lately supported in peaceful industry, and which it is not his fault that he can no longer so support-suppose this man, and there are ten thousand such from whom you may select your victims, dragged into court, to be tried for this new offence, by this new law; still, there are two things wanting to convict and condemn him; and these are, in my opinion,-twelve butchers for a jury, and a Jefferies for a judge!

VOL. VII.

33

DEBATE ON THE EARL OF DONOUGHMORE'S MOTION FOR A COMMITTEE ON THE ROMAN CATHOLIC CLAIMS, APRIL 21, 1813.

MY LORDS; the question before the House has been so frequently, fully, and ably discussed, and never perhaps more ably than on this night, that it would be difficult to adduce new arguments for or against it. But with each discussion, difficulties have been removed, objections have been canvassed and refuted, and some of the former opponents of catholic emancipation have at length conceded to the expediency of relieving the petitioners. In conceding thus much, however, a new objection is started; it is not the time, say they, or it is an improper time, or there is time enough yet. In some degree I concur with those who say, it is not the time exactly; that time is passed; better had it been for the country, that the catholics possessed at this moment their proportion of our privileges, that their nobles held their due weight in our councils, than that we should be assembled to discuss their claims. It had indeed been better

Non tempore tali

Cogere concilium cum muros obsidet hostis.

The enemy is without, and distress within. It is too late to cavil on doctrinal points, when we must unite in defence of things more important than the mere ceremonies of religion. It is indeed singular, that we are called together to deliberate, not on the God we adore, for in that we are agreed; not about the king we obey, for to him we are loyal; but how far a difference in the ceremonials of worship, how far believing not too little, but too much (the worst that can be imputed to the catholics), how far too much devotion to their God,

may incapacitate our fellow-subjects from effectually serving their king.

Much has been said, within and without doors, of church and state, and although those venerable words have been too often prostituted to the most despicable of party purposes, we cannot hear them too often; all, I presume, are the advocates of church and state, the church of Christ, and the state of Great Britain, but not a state of exclusion and despotism, not an intolerant church, not a church militant, which renders itself liable to the very objection urged against the Romish communion, and in a greater degree, for the catholic merely withholds its spiritual benediction (and even that is doubtful), but our church, or rather our churchmen, not only refuse to the catholic their spiritual grace, but all temporal blessings whatsoever. It was an observation of the great Lord Peterborough, made within these walls, or within the walls where the Lords then assembled, that he was for a parliamentary king and a parliamentary constitution, but not a parliamentary god and a parliamentary religion. The interval

of a century has not weakened the force of the remark. It is indeed time that we should leave off these petty cavils on frivolous points, these Lilliputian sophistries, whether our « eggs are best broken at the broad or narrow end. »

The opponents of the catholics may be divided into two classes; those who assert that the catholics have too much already, and those who allege that the lower orders, at least, have nothing more to require. We are told by the former, that the catholics never will be contented by the latter, that they are already too happy. The last paradox is sufficiently refuted by the present as by all past petitions; it might as well be said, that the negroes did not desire to be emancipated, but this is an unfortunate comparison, for you have already delivered them out of the house of bondage without any petition on their part, but many from their task-masters to a contrary effect; and for myself, when I consider this, I pity the catholic peasantry for not having the good fortune to be born black. But the catholics are contented, or at least ought to be, as we are told; I shall therefore proceed to touch on a few of those circumstances which so marvellously contribute to their exceeding contentment. They are not allowed the free exercise of their religion in the regular army; the catholic soldier cannot absent himself from the service of the protestant clergyman, and unless he is quartered in Ireland, or in Spain, where can he find eligible opportunities of attending his own? The

permission of catholic chaplains to the Irish militia regiments was conceded as a special favour, and not till after years of remonstrance, although an act, passed in 1793, established it as a right. But are the catholics properly protected in Ireland? Can the church purchase a rood of land whereon to erect a chapel? No! all the places of worship are built on leases of trust or sufferance from the laity, easily broken and often betrayed. The moment any irregular wish, any casual caprice of the benevolent landlord meets with opposition, the doors are barred against the congregation. This has happened continually, but in no instance more glaringly, than at the town of Newton-Barry, in the county of Wexford. The catholics enjoying no regular chapel, as a temporary expedient, hired two barns; which, being thrown into one, served for public worship. At this time, there was quartered opposite to the spot an officer, whose mind appears to have been deeply imbued with those prejudices which the protestant petitions, now on the table, proved to have been fortunately eradicated from the more rational portion of the people; and when the catholics were assembled on the sabbath as usual, in peace and goodwill towards men, for the worship of their God and yours, they found the chapel door closed, and were told that if they did not immediately retire (and they were told this by a yeoman officer and a magistrate), the riot act should be read, and the assembly dispersed at the point of the bayonet! This was complained of to the middle man of government, the secretary at the Castle in 1806, and the answer was (in lieu of redress), that he would cause a letter to be written to the colonel, to prevent, if possible, the recurrence of similar disturbances. Upon this fact, no very great stress need be laid; but it tends to prove that while the catholic church has not power to purchase land for its chapels to stand upon, the laws for its protection are of no avail. In the mean time, the catholics are at the mercy of every «pelting petty officer," who may choose to play his « fantastic tricks before high heaven,» to insult his God, and injure his fellow-creatures.

"

Every school boy, any foot-boy (such have held commissions in our service), any foot-boy who can exchange his shoulder-knot for an epaulet, may perform all this and more against the catholic by virtue of that very authority, delegated to him by his sovereign, for the express purpose of defending his fellow-subjects to the last drop of his blood, without discrimination or distinction between catholic and protestant.

Have the Irish catholics the full benefit of trial by jury? They have not; they never can have until they are permitted to share the privilege of serving as sheriffs and under-sheriffs. Of this, a striking example occurred at the last Enniskillen assizes. A yeoman was arraigned for the murder of a catholic named Macvournagh; three respectable uncontradicted witnesses deposed that they saw the prisoner load, take aim, fire at, and kill the said Macvournagh. This was properly commented on by the judge; but to the astonishment of the bar, and indignation of the court, the protestant jury acquitted the accused. So glaring was the partiality, that Mr Justice Osborne felt it his duty to bind over the acquitted, but not absolved assassin, in large recognizances; thus for a time taking away his licence to kill catholics.

Are the very laws passed in their favour observed? They are rendered nugatory in trivial as in serious cases. By a late act, catholic chaplains are permitted in jails, but in Fermanagh county the grand jury lately persisted in presenting a suspended clergyman for the office, thereby evading the statute, notwithstanding the most pressing remonstrances of a most respectable magistrate, named Fletcher, to the contrary. Such is law, such is justice, for the happy, free, contented catholic!

It has been asked in another place, why do not the rich catholics endow foundations for the education of the priesthood? Why do you not permit them to do so? Why are all such bequests subject to the interference, the vexatious, arbitrary, peculating interference of the orange commissioners for charitable donations?

As to Maynooth college, in no instance, except at the time of its foundation, when a noble lord (Camden), at the head of the Irish administration, did appear to interest himself in its advancement; and during the government of a noble duke (Bedford), who, like his ancestors, has ever been the friend of freedom and mankind, and who has not so far adopted the selfish policy of the day as to exclude the catholics from the number of his fellow-creatures; with these exceptions, in no instance has that institution been properly encouraged. There was indeed a time when the catholic clergy were conciliated, while the union was pending, that union which could not be carried without them, while their assistance was requisite in procuring addresses from the catholic counties; then they were cajoled and caressed, feared and flattered, and given to understand that the union would do every thing;» but the moment it was passed,