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[1206 guished, and it daily exhibits itself in sense of this intolerable grievance; the consequences the most disastrous to late Mr. Justice Fletcher, in the exercise national happiness and concord; the im- of his judicial functions, denounced the policy and injustice of so fatal a per- Orange confederacy as one of the chief severance in this system of degradation sources of the calamities of Ireland; ' of and of division are every where appa- this,' said that learned and upright man, rent, and are more peculiarly exemplified I am certain, that so long as these in the dispensation of justice; it would associations are permitted to act in the be difficult, indeed, that when so much lawless manner they do, there will be no inequality exists in the law itself, there tranquillity in this country, and particushould not be partiality in its adminis- larly in the north of Ireland; there those tration; where the professors of the fa- disturbers of the public peace, who as voured Creed are arrayed in exclusive sume the name of Orange yeomen, emolument and honour, it is natural frequent the fairs and markets with arms that a selfish sense of interest should in their hands, under the pretence of bring them into coalition, and that in the self-defence, or of protecting the public defence of their monopoly, they should peace, but with the lurking view of inbe firmly and deeply marshalled against viting attacks from the Ribbon-men, conthe men, from whose degradation their fident that, armed as they are, they must hollow and artificial importance is de- overcome their defenceless opponents, rived, and from whose industry their and put them down; murders have been official wealth is wrung; the passions repeatedly perpetrated upon such occawhich arise from sectarian hatred, in- sions, and though legal prosecutions have flamed by the fears of endangered ava- ensued, yet, such has been the baneful rice, are of the fiercest kind, and na- consequence of those factious associaturally lead to a frightful excess; the tions, that, under their influence, petty sacred writings are tortured into a pro-juries have declined to do their duty; fane instrumentality, the bible is resorted to for the suggestions of massacre, and the injunctions of murder are drawn out of the very word of God; conscious of the guilt of their sanguinary affiliations, they fly from the light, their league against their country is veiled in a sacrilegious darkness, and their impious fidelity secured by a blasphemous appeal to the sanction of an oath; the members of such an association are naturally in flamed by animosities which infect the whole frame of society, and banish all regard for justice from the minds of those who might otherwise approve themselves impartial and honourable men; it follows as an inevitable consequence, that when they are intrusted with the administration of the law, it should be perverted into the means of conferring impunity upon one party, and of inflicting oppression upon the other; thus the spirit of faction ascends the public tribunals; when those, to whom the discharge of a sacred duty is confided, participate in the passions, and often in the guilt, of the culprit, it is not in human nature that they should not lend themselves to an impure and vitiating bias; of this melancholy fact the most flagrant examples perpetually occur; the petitioners appeal to the authority of the judges of the land, who from their seats on the bench have proclaimed their

it was sufficient to say, such a man displayed such a colour, to produce an utter disbelief of his testimony; and when another has stood with his hand at the bar, the display of his party badge has mitigated the murder into manslaughter. I do repeat, that such are my sentiments, not merely as an individual, but as a man discharging his official duty, I hope, with firmness and integrity. With these Orange associations I connect all commemorations and processions, producing embittering recollections, and inflicting wounds upon the feelings of others. And I do emphatically state it as my settled opinion, that until those associations are effectually put down, and the arms taken from their hands, in vain will the north of Ireland expect tranquillity or peace.' These are the words of that eminent judge, delivered from the bench during the summer assizes of the year 1814; and the petitioners trust, that the House will recur to his impartial testimony, confirmed by the evidence of others filling the judicial station, rather than to the unsupported allegations of any individual, who, feeling his own character at stake, may assert, that under his auspices, the administration of justice was pure in Ireland; such a witness, swayed by his personal and official interests, is not only not credible, but incompetent; it is, in

hate; almost all cases of political moment are tried in the city of Dublin, whose sheriffs are selected from their own body by the corporation; of its members in their individual capacity, the petitioners do not mean to speak; many amongst them are highly commendable in the relations of private life; but it cannot be controverted, that the corporation itself is disgraced by the foulest corruption, and has been convicted of the most flagitious fraud; the city of Dublin has been robbed of upwards of a million of money by these abandoned peculators; they live upon the spoliation of their fel

deed, a matter of surprise, that men who are in some measure the medium of communication between the subject and the throne, should, at the moment when the evils of the Orange system are most fully disclosed, intimate an implied approbation of this confederacy against the people of Ireland; it is a palpable affectation to express a scrupulous disrelish for the oaths by which Orange-men are leagued, and yet to sustain the principles of oppression upon which they are associated together; how idle it is to declare the criminality of the Orange oath, while the Orange spirit is still fostered by the law; a religious character will be still im-low citizens; and to prevent any intrusion pressed upon the administration of justice, and religious antipathies will necessarily obey the suggestions of the law, and start out of every party question; the judges, the officers of the court, the king's, counsel and the sheriffs who impanel the jury, will still be Protestant; thus will the administration of justice be stamped, as it were, with sect; under such circumstances it is not likely that justice will be pure, while there can be no doubt that it will be suspected; and in the minds of men, rendered jealous and susceptible by the continued infliction of wrong, suspicion will work almost all the ills which actual depravity could beget; it follows, that until the Penal Code is entirely abolished, the administration of the law must be exposed to abuse; the petitioners do not, however, consider it impossible that some alleviation should be afforded, even if the legislature should persevere in withholding their civil rights from six millions of the Irish people; and it would become the men who affect an anxiety to render their yoke less galling, while they insist upon its continuance, to suggest the adoption of such measures, of even partial and modified relief, as they may think consistent with the permanence of monopoly; the nomination of the sheriffs of counties is now vested in the judges, and although they are compelled to make their selection among the pro-livelihood from their religion, it will be a fessors of the favoured creed, yet their high station affords a ground to hope, that they are placed beyond the reach of any vile and ignominious prejudice, and is calculated to inspire a confidence in their impartiality; but a directly opposite feel. ing must prevail in corporate cities, where the appointment of sheriffs depends upon associations of men who are peculiarly influenced by the fierceness of sectarian

upon their privileges of plunder, and to secure an undisputed division of spoil among their own families and kindred, they guard themselves against any infusion of more liberal sentiment, and partly from religious rancour, and partly from pecuniary baseness, exclude all Roman Catholics from the freedom of the city; as they are generally drawn from a class of society in which religious antipathy is not mitigated by the softening influences of education, they accordingly exhibit a more than ordinary virulence against their Catholic fellow subjects, and yet, it is to such men, that human life and property is entrusted; under such auspices, can the administration of justice be any thing but partial, vindictive, and unjust? the borough of Grampound has been disfranchised for corruption, which vanishes in any comparison with the delinquencies of the corporation of Dublin; how far their manifold peculations may be redeemed by their profitable loyalty, the petitioners will not presume to anticipate; but they humbly hope the House will rescue the administration of the law from such a diseased and polluting contract; Justice should be drawn out of pure fountains, and how can it fail to be stained and foul when it is derived from such a corrupt and fetid source? as long as the sheriffs are appointed by men who derive their

mere mockery to tell the people of Ireland, that the law is equally dispensed; the petitioners, therefore, humbly implore the House to adopt such measures as may be calculated to remove the evils of which the House must be deeply sensible, and of which they trust that they shall not vainly continue to complain; the petitioners supplicate the House for redress, on behalf of six

millions of the population of Ireland, for whose sufferings so much commiseration has been so often expressed, but or whose relief so little has been done."

On moving, that the petition be printed, Mr. Brougham gave notice, that he would to-morrow move, that it be referred to the grand committee for Courts of Justice.

highly the cultivation of the fine arts had contributed to the reputation, character, and dignity, of every government by which they had been encouraged, and how intimately they were connected with the advancement of every thing valuable in science, literature, and art." Upon that recommendation, the House had given considerable encouragement both to sculpture and architecture; and, as he (Mr. B.) thought, with justice, if the country were able to afford it. Mr. Haydon, reflecting upon the encouragement thus given to the sculptor and the architect, asked, why was not similar encouragement given to the art of historical painting? That encouragement he conceived to be the more necessary, since historical pictures were more fitted for the altars of churches than they were for the rooms or even the galleries of private individuals. Now, the House had recently voted 1,000,000l. of money for the building of new churches. Mr. Haydon had consequently some right to say, that when they expended thousands upon the sculptor and the architect, they might expend a small portion of the money by way of encouragement upon the historical painter. He could not but feel sympathy for the unfortunate gentleman whose pe tition he had to present, though his only acquaintance with him had arisen from his (Mr. Haydon's) having called upon him to request him to present it. He must certainly say, that all he had seen of him upon that occasion was calculated to leave a very favourable impression upon his mind of Mr. Haydon's talents and general conduct. He would move, that the petition be brought up.

HISTORICAL PAINTING PETITION OF B. R. HAYDON.] Mr. Brougham said, that he had a petition to present, which he had received with the most unfeigned sorrow, and which he had no doubt would excite the same feeling in the breasts of other hon. members when he detailed the particulars of it to the House. The petition was from Mr. B. R. Haydon, historical painter, who, from the great talent which he had exhibited in his profession, was entitled to expect a competency from it, but who was now, unhappily in the King's-bench prison, overwhelmed by ruin, and without hope of redress, owing to his having refused to take portraits, and to his having confined himself exclusively to one branch of the art, historical painting, in which, from the state of the market, it was not possible that more than one or two persons should succeed. The situation of the petitioner was so melancholy, that he believed his only means of amending it would be, by taking the benefit of the insolvent debtor's act. The petitioner stated, that after having devoted nineteen years of his life to the study of the arts, and after having collected various casts, sketches, and drawings, which were the objects of his daily study and nightly veneration, the whole of his collection had been swept away at once, by an execution that had been issued against his property. The petitioner did not apply to the House for relief in his own case, though he was reduced to such a state as to be obliged to begin life again, after undergoing the loss of his former collec-enactment. He had been requested by tions; but he did apply to the House to protect other artists from similar disasters, by affording greater encouragement to historical painting. Mr. Haydon founded most of the observations in his petition upon the report of a very able and learned committee of that House, which had sat in 1817 upon the Elgin marbles, and which, after stating the advantages that were likely to be derived from that stupendous collection, submitted "to the attentive consideration of the House, how

Sir C.Long allowed that there was not at present sufficient encouragement given to that branch of art, to which the petitioner had devoted himself; but, at the same time, he did not see how such encouragement could be afforded by legislative

the petitioner to present this petition; but as he did not like to raise hopes which he knew must end in disappointment, he had endeavoured to extract from the petitioner the means by which encouragement was to be afforded. Whether the petitioner had been disappointed by meeting with this treatment on his part, he could not tell; but the result had been, that the petition had been ultimately placed in the hands of the learned gentleman opposite. He was certainly

inclined to encourage this branch of the arts, if he knew how; but, unfortunately he did not. He could not, however, conclude, without congratulating the House upon its having shown on a recent occasion, a more liberal feeling towards the arts than that which had formerly influenced it. He believed that the learned gentleman himself, who had just praised the report of the committee on the Elgin marbles, had given his strenuous opposition to the carrying into effect the recommendation of that committee.

Mr. Brougham, in explanation, stated, that when the purchase of the Elgin marbles was under the consideration of the House, two distinct questions were involved in it; first, the right of lord Elgin to take them; and next, the moneyvalue of them. Regarding the first, he was not much inclined to be squeamish. He certainly thought that lord Elgin had conferred great benefit upon the arts in taking them from Greece; since, if they had been left there, they would have been ground to powder by the Turks for the purposes of building. Regarding the second, he would remind the House, that there had been a great difference of opinion as to the pecuniary value of them, and that the opposition which he had given to the vote for the purchase of them, was derived from the financial distress which at that time pressed upon the country. The value of those marbles to the arts he had never disputed: indeed, he thought that some of them, mutilated as they were, were greatly superior to the Apollo Belvedere and the Venus de Medici, both of which he had had an opportunity of seeing at Paris.

Mr. Croker was not without hopes that this petition might do good, seeing that it related to a case of distress which touched the heart, at the same time that it affected the mind. He was not, however, clear upon the principle, that historical painting ought to be forced upon the public. Among painters, historical painting was considered that kind of painting which was least historical. True historical painting was portrait painting; and, those who had seen the splendid collection of portraits in the gallery of the British Institution would be convinced that those portraits were really historical pictures. If there were any artist so attached to historical painting, as to say that he would not condescend to paint portraits, that artist ought to be reminded, that

Titian, Raphael, and Rubens were not more distinguished for their historical paintings, than they were for their skill in portrait painting. He thought it necessary to say thus much, to prevent young artists from giving themselves up to the same foolish idea which appeared to have acted so injuriously to the fortunes of Mr. Haydon.

Ordered to lie on the table.

LORD LIEUTENANT OF IRELAND.] Mr. Hume rose to submit to the House, the motion of which he had given so long a notice, namely, to consider the manner in which Ireland was at present governed, and whether a change might not be made with great advantage. His object was, to abolish the office of lordlieutenant in that country; but, as an impression existed in some quarters that his motion was made with hostile feelings to the marquis Wellesley, he begged to be clearly understood that he did not intend in the smallest degree to reflect on the conduct of that noble lord. He (Mr. H.) · had long had a favourable opinion of the noble marquis, and should regret if any thing that now fell from him could in the smallest degree have the appearance of censure, although he must admit, that he had been much disappointed in the results of the marquis's administration, yet he was well aware that the situation in which the lord lieutenant was placed, was an arduous and difficult one, and it would be unfair to draw too harsh conclusions against him whilst unacquainted with all the difficulties he had to contend with. There were obstacles which had been raised by the misrule of ages; and it was not to be expected that he could at once overcome them, particularly with a government in England so constituted that it was difficult to ascertain what measures they would support, or what they would oppose. The king had, in the appointment of the present lord lieutenant, been actuated, it was understood, by the best intentions; desirous, by the example he had himself set whilst in Ireland, to put an end to that party spirit which had so long disturbed the peace of that country; to terminate that system of exclusion both civil and religious which unfortunately was the chief source of those evils under which Ireland suffered : to place Protestants and Catholics on the same footing in the administration of the laws, and in the participation of all the

however benevolent and liberal his intentions towards the great mass of the people of Ireland might be, to carry them into effect under such an exclusive system? An act of justice to a Catholic, or the appointment of one to a public office, was the signal and almost a certain means of rousing the hostility of the select interested few, who, if supported by the government in England, could, as they had hitherto done, effectually thwart every good and liberal act of the lord lieutenant.

He would state the situation of a few public departments as an example. In the Irish Post-office there were 466 persons holding offices, of whom only 25 were Roman Catholics! Under the Royal Dublin Society there were 17 persons, none of whom were Catholics. In the Bank of Ireland there were 127 persons, and of that number only 6 Catholics. In the board for paving-the board of commissioners for erecting fountains-for preserving the port of Dublin-for wide streets

blessings of the British constitution. Mr. Pitt had said, in parliament that "He did not merely say, let Ireland be united, let her be blended with us, but let her partake of every solid benefit, of every eminent advantage that could result from such incorporation." This House in its address to the king, and his majesty, in his speech from the throne, anticipated the same results: but, he would ask, has there been any such participation by the people of Ireland of those solid advantages so conspicuously held out at the Union? Have not the Catholics, the great mass of the population, to this day been excluded from all offices of trust, and deprived of those promised blessings? And was it not reasonably to be expected, that under such a government the people should be discontented and the office of lord lieutenant be a very difficult one? He would show the actual state of the public appointments, as regarded the Catholics and Protestants at the time the marquis Wellesley went to Ireland; and amongst the trustees of the linen board taking into consideration the relative the lord lieutenant's household-the numbers of each class in that country, it city officers and common council-the appeared to him sufficient to account for committees of pipe and water establishmuch of the mischief that had lately ment-of the police, and many other taken place in that devoted country. public establishments, there was not one Although, by the Irish statute of the solitary Catholic to be found [Hear]. 33rd Geo. 3, c. 20, the Catholics are de- In the office of Customs there were 296 clared admissible to many offices from persons employed, and only 11 of them which until then they had been excluded, were Catholics. In the Excise there were yet the practice has been in reality such, 265 persons employed, and of that numthat an almost total exclusion had conti- ber only 6 were Catholics. Of coroners nued; and one of the chief causes which in counties there were 108, and only 14 raised the opposition to lord Wellesley's of thém Catholics-of commissioners of government, was perhaps the determina- affidavits there were 262, and only 29 tion he manifested to break through that of them Catholics-of 71 officers under system, and to dispense the patronage of the linen board only 3 were Catholics. the government impartially [Hear]. He In fact, on an aggregate of the public (Mr. H.) had been anxious to know the pre-establishments, the list of which he cise distribution of the government patron-held in his hand, there were 2459 persons age, and when the House heard the parti- holding offices paid by the public money; culars he was confident their surprise and astonishment would be highly excited. It was not possible to get a perfectly correct list of the religious persuasion of all the public servants in Ireland, but he believed what he had obtained was sufficiently accurate for his purpose. The exclusive faction, or Protestant Ascendancy-men, as they were called, absorbed nearly the whole patronage of the government—that is, in a population of seven millions a few hundred thousand persons enjoyed almost all the advantages and emoluments of office. Was it not difficult, then for any lord lieutenant,

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and of that number, only 106 were Catholics [Hear, hear]. To show that the exclusion was not solely in the inferior offices, but extended equally to all, he would mention that there were 31 assistant barristers but not one of them a Catholic. There were 106 offices in the law department in Ireland which must be filled by barristers, the salaries and emoluments of which exceed 150,000l. a year, and Roman Catholics are admissible, since 1795, to 83 of these offices, producing an income of 50,000l. a year; but there was not one solitary instance of a Roman Catholic holding any such profitable and ho

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