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Nevertheless, as by the exertion of those | persons having been brought to trial under powers the conspiracy has not been sup- that Act, the most conclusive evidence was pressed, we now ask your Lordships to produced against them, showing that they apply the apparent remedy in such a were persons engaged in treasonable pracdangerous case the suspension of the tices against the Queen, and that their inHabeas Corpus Act. With respect to the tention was by means of bloodshed and nature of this conspiracy, it is hardly ne- terror to produce a revolution in Ireland, cessary that I should detain your Lord- with all the frightful consequences which ships by any lengthened explanation. I must ensue from the attempt at such an am not going to refer to any documents, outbreak. During the late Special Comor to bring forward any secret information, mission in Ireland, the learned Judges because, generally speaking, the proceed-expounded the law in the most lucid and ings of this conspiracy have been so notorious, and those engaged in the conspiracy have been so much more ready to boast of their strength and objects than to conceal their intentions, that it is not necessary that I should enter into details upon those points. It may, I think, be true that had it not been for the civil war in America, Ireland would have remained in peace and tranquillity at the present time, and the adoption of no extreme measures would have been necessary. But towards the end of the American war the Irish residents in America formed themselves into a vast conspiracy. They collected a large amount of subscriptions, and at one meeting alone it was stated that 1,000,000 dollars were subscribed. Sometimes an invasion of Ireland and at other times an invasion of Canada were threatened. The purpose of this conspiracy was in the first place to overthrow the Queen's authority in Ireland; in the next place to take possession of the estates of the landed proprietors; and in the third place it was an attack against religion, whether the religion of the Protestants belonging to the Established Church and of other Protestants, or the religion of the Roman Catholics. It has been conspicuous from the beginning that these attempts were directed, as stated in the Queen's Speech, against all lawful authority, against property, and religion. After a time the denunciations against England made at the meetings in America were collected and circulated by emissaries sent over from that country to Ireland, where they began their course of operations. Their purpose was to enlist as many persons as possible, whether civilians or military, with a view to insurrection. There can be no doubt as to these facts, because for this offence of conspiring to levy war against the Queen, as defined in a late and most useful Act of Parliament called the Treason Felony Act, the Law Officers of the Crown having advised a prosecution, and many Earl Russell

convincing manner, and the juries discharged their functions with a fearlessness and impartiality which showed that a great change had taken place since 1844 and 1848, and a great number of the accused persons were convicted. It was the expectation of the Lord Lieutenant of Ireland that the proceedings adopted by the Government would prove sufficient to check the spirit of insurrection; they proved however to be ineffectual, and the conspiracy has accordingly made great advances. The Lord Lieutenant of Ireland, in consultation with his Law Advisers, deliberated a little before the meeting of Parliament on the matter, and they came to the opinion that it might be their duty to ask for a suspension of the Habeas Corpus Act, though the necessity for such a step was not at that particular time undoubtedly obvious; and they wished, therefore, to wait as long as possible, in order to try to put down the insurrection by the ordinary powers of the law. In this respect I think your Lordships will see reason to commend the conduct of the Lord Lieutenant, who, while desirous to put down the insurrection, and restore the country to peace and tranquillity, was at the same time anxious to perform that service to the Queen and country by the ordinary means of the law, and without any suspension of the Constitution in Ireland. After some time, however, it was found on inquiry that the spirit of Fenianism, as it is called, so far from being subdued, had spread more and more; that fresh emissaries were arriving from America, and that a great fabrication of bullets and implements of war was being carried on. It was then evident that, instead of considering their enterprize altogether a failure, the "Head Centre," as he is called, and the other persons who were the heads and leaders in this Fenian conspiracy, persuaded themselves that they might speedily take measures to begin a successful insurrection. There was not, I think, any danger that

such an insurrection, if they were rash information received by Her Majesty's enough to attempt it, would really have Government, we could not but think that, had any success; but there was a very if we allowed these proceedings to go on, great chance that much bloodshed and and if we allowed the lives and property destruction of property might have oc- of Her Majesty's loyal subjects to be for curred, and that the country might have a moment placed in a state of insecurity, been placed in such a state of insecurity that we should be deeply responsible, howthat all persons of property would have ever successful in ultimately putting down fled from it, and that there would have the insurrection, and that we should debeen a suspension of all those operations serve the highest censure, if we did not by which the industrious classes live. make use of all the means which ParliaAttempts were made-almost universally ment might grant for the purpose of supunsuccessful, I am happy to say-to pressing this mischief. The last point on tamper with Her Majesty's soldiers, and which I have to address your Lordships is to induce them to abandon their duty of as to the applicability of the remedy which obedience to the Crown, to receive what the House of Commons has sanctioned, was called the Fenian pay, and to become and which it is now my duty to propose parties in this great conspiracy. A few that your Lordships should agree to. A men, I am sorry to say, were seduced great number of these persons who have from their allegiance-they are, however, come from America to Ireland are by origin but few, and they will, no doubt, be made Irish, but have become citizens of the amenable to the law by which such an United States; many of them took part in offence is punishable. I may add that by the late civil war in America, and being a long letter from the Lord Lieutenant of disappointed in their expectations that Ireland, in which he details all the mea- when they became victorious in battle the sures he has adopted to put down this property of the conquered would be given conspiracy, it appears that his conviction up to them for general plunder, they have is that the Fenian spirit still continues thought they might execute in Ireland unsubdued; that there are a number of those projects of spoliation which they strangers in Ireland, about 500, engaged were not allowed to carry out in America. in treasonable practices and acting in Consequently, the suspension of the Habeas different bodies, and that it would be Corpus Act will enable the Lord Lieutenant impossible for him to answer for the peace of Ireland to lay his hands on these men, of Ireland or the safety of Dublin, unless who are engaged in the same treasonable the Irish Government are armed with correspondence as those who have been greater powers. Of course, such a state- convicted by law, but who have hitherto ment coming from the Lord Lieutenant, who evaded apprehension. These persons have has shown himself anxious to keep as long latterly been made additionally cautions as possible within the limits of the ordi- and cunning by the arrest and conviction nary law, was calculated to produce a of some of the conspirators, but they are great impression on Her Majesty's Govern- yet pursuing their projects with as much ment. At the same time, the Chief Se- or more activity than ever. The Lord cretary for Ireland states in a letter that Lieutenant of Ireland, if this Act is passed, week after week the danger was obviously will be enabled during the limited period increasing; that these bands of Fenians for which it will be in force to retain the are increasing in number; that private persons in prison; and it is to be hoped meetings are held; and that there are that by these leaders of insurrection being many places in which there are numerous kept in custody the population will no depôts for the store of pikes and other longer be worked upon, but will be disweapons. At these meetings the Fenians posed to resume their usual avocations and hold out hopes, both to civilians and Her demeanour. In fact, it has only been by Majesty's soldiers, that there will very the grossest delusions, and by holding out shortly be an insurrection, and that for to these unfortunate people that some great three days all that licence which is allowed benefit would accrue to them from these to soldiers who take part in the capture of treasonable projects, that any impression a town or fortress will be allowed to the has been produced. It may be necessary persons joining in the Fenian movement, to have this Act in force for a considerable and that even the women would be given time; but it will, I trust, have the effect up to their brutal passions. Such state- of not only preventing the teaching of treaments having been made, according to the sonable lessons to their victims by these

mischievous men, but also of deterring | is at the present moment in a most perilous many persons who are meditating a jour-position: we have it from the statements of ney to Ireland for similar purposes from Her Majesty's Government, who are now coming to that country. My Lords, it has holding very different language from that been made a kind of reproach that Her Ma- which they used on this subject until very jesty's Government in proposing this Bill recently, that they are now compelled to propose a scheme of simple coercion, un- apply to Parliament for powers which they accompanied by remedial measures. My thought unnecessary a week or two ago; Lords, I think that the maintenance of because, certainly, at the time when this law and order and the restoration of peace Parliament first met their tone and lanin the country-that the assurance that guage were that the ordinary course of law every man shall enjoy the fruits of his had been appealed to and had been found industry in security, without the danger effectual for the putting down of these of having his property seized and confis- dangerous conspiracies. Since then I precated by rebels-is of itself a remedial sume Her Majesty's Government have measure, and one that is not to be ac- obtained information from the Lord Lieucounted less valuable than any other tenant of Ireland that, notwithstanding the means of promoting the prosperity of manner in which the Judges, juries, and Ireland. With regard to other mea- Crown prosecutors of that country have sures of a remedial character, I do not done their duty in the late trials, the ordithink that this is the time for entering nary course of law has not proved sufficient upon them. There will, no doubt, be to deter these persons from engaging in or many occasions when the state of Ireland continuing their treasonable proceedings, may come under the consideration of Par- or to put an end to their malpractices. I liament, and it may then be a fair ques- do not think, my Lords, that we should tion whether or not Her Majesty's Govern- call upon Her Majesty's Government now ment are adopting all proper means in specifically to vindicate the step which their power for the improvement of the they are taking upon their own responsicondition of that country. But the imme- bility. They tell us that the danger is so diate question now before your Lordships great and so imminent that it is absolutely is one of the utmost importance, and also necessary not only to suspend the ordinary one of the utmost urgency; and it appears course of law by the suspension of the to me that the first thing we have to do Habeas Corpus Act, but that in dealing is to secure peace and order in Ireland, with this subject there is not even time for and maintain the authority of the Queen. passing their Bill in the ordinary manner— I therefore beg, my Lords, to move in the that it is imperative upon us now, as it first place the suspension of the Standing was in 1848-when the noble Earl also Orders, to enable the measure which I had the fortune to be at the head of the have described to pass without delay. Government-to put this Bill through all its stages at once, on the very same day as that on which it has been introduced and

Moved, "That Standing Orders Nos. 37 and 38 be dispensed with."-(Earl Russell.)

THE EARL OF DERBY: My Lords, I quite concur in one part of the statement just made by the noble Earl-namely, that this is not the opportunity for considering any other question than the one which is immediately before us. It would be extremely inconvenient to enter at this moment into any discussion whatever upon the state of Ireland, upon the causes which may have led to that state, or upon what possible remedial measures it might be desirable to suggest for the benefit of that country. We have now to deal with a great present necessity. We know from common report we know from our private correspondence we know from every means of information which we possess-that Ireland Earl Russell

also passed through all its stages in the House of Commons. Therefore, my Lords, while giving my cordial assent to the measure proposed by Her Majesty's Government upon their own responsibility as being absolutely indispensable for the maintenance of peace in Ireland, I abstain altogether from entering into the causes which have produced, or which have encouraged, the present disaffected state of that country. But there was one statement made by the noble Earl as to which I would now make a single remark. The noble Earl said that if it had not been for the civil war in America there would have been no such disturbance of the tranquillity of Ireland as this. I do not mean for an instant to deny that the civil war in America, that the military and warlike habits

On Question, Resolved in the Affirma

Standing Orders suspended.

Then it was moved, "That the Bill be now read 2a."—(Earl Russell.)

Motion agreed to: Bill read 2a accordingly :-Committee negatived:-Bill read 3, and passed.

that House to continue sitting for some MESSAGE TO THE COMMONS-To request

time.

ART BILL [H.L.]

Works of Art-Was presented by The Lord STAN-
A Bill for facilitating the public Exhibition of
LEY of ALDERLEY; read 1a. (No. 15.)

TELEGRAPH ACT AMENDMENT BILL [H.L.]

A Bill to amend the Telegraph Act, 1863Was presented by The Lord STANLEY of ALDERLEY; read 1; and Standing Orders Nos. 37 and 38 to be considered in order to their being dispensed with; and the LORDS SUMMONED. (No. 13.) House adjourned during pleasure.

[It was now about twenty minutes past Five of the clock.]

which people have there contracted, that | the tendency to indulge in acts of violence tive. and plunder developed during the progress of that sanguinary struggle, or that the consequences of the excitement which that contest has produced in America, may not have given great encouragement to the outbreak of this mischievous spirit in Ireland; but I venture to say, speaking from my own knowledge, that as long ago as 1859 we ascertained that the most dangerous portion of the then called Phoenix conspiracy which prevailed in Ireland was the branch of it which then existed and flourished in America; and from that time down to the present hour there has been no moment at which that conspiracy has not been there organized, and at which it has not been in correspondence with the parties who were desirous of promoting an outbreak in Ireland. I am not now asserting that that spirit has not been properly met in Ireland. I only demur to the statement that this is a spirit of which the origin is entirely new, or that it only dates from the civil war in America, and would not have existed but for that war. My Lords, I do not mean to say a single word more. I think it would be very inconvenient at present to enter into any lengthened discussion. Her Majesty's Government state on their own responsibility that this measure is essential to the maintenance of the peace and to the protection of life and property in Ireland. These they declare to be its primary objects; and if they solemnly announce to both Houses of Parliament that these objects cannot be attained without the suspension of the liberty of the subject, then Salus populi suprema lex; we are bound to accept the necessity that is imposed upon us, and to grant Her Majesty's Government the extraordinary powers for which they ask. Occasions may hereafter arise for calling upon the Government for a fuller justification of this measure, and also for a vindication of the policy which they have pursued in Ireland; but the House of Commons having, in a House of had issued a Commission to himself and 370 Members, passed this Bill with a pro- other Lords, commanding them to give her test against its introduction from the insignificant number of only six Members, I Royal Assent to a Bill which had that day hope that your Lordships' House, with-been agreed upon by both Houses, suspendout even so many as six, or even one dis- ing the Writ of Habeas Corpus in Ireland. sentient voice, will not hesitate, in the cause of law and order and the security of life and property, to give to Her Majesty's Government that support and those powers which they declare to be essential.

House resumed.

[It was now about half past Eleven of the clock.]

CATTLE DISEASES BILL.

Brought from the Commons; read 1a; and Standing Orders Nos. 37 and 38 to be considered in order to their being dispensed with; and the LORDS SUMMONED (The LORD PRESIDENT). (No. 14.)

MESSAGE FROM THE COMMONS-To acquaint this House, That they will continue sitting for some Time as desired by this House.

of the clock, The LORD CHANCELLOR acAbout twenty-five minutes before One quainted their Lordships that Her Majesty

The LORD CHANCELLOR commanded the Usher of the Black Rod to signify to the Commons that their attendance is desired in the House of Peers to hear the Com

mission read.

Bill.

House adjourned at a quarter before
One o'clock A.M., till Monday
next, Eleven o'clock.

And the COMMONS being come with their | your hands to put from the Chair. The SPEAKER, and the Commission being read; power which the Government now feel it the Clerk of the Crown read the title of their duty to ask Parliament to grant them the following Bill-namely, HABEAS COR- is one which no Government ought lightly PUS SUSPENSION (Ireland) Bill :or hastily to ask for; and I need not say to And the Clerk of the Parliament sig- the House of Commons that no House of nified Her Majesty's Assent to the said Commons ought lightly, or on insufficient grounds, to place such a power in the hands of a Government. In making the Motion I am about to submit, I make it under a deep sense which the Government entertain that, in the present state of Ireland, after having exhausted all the powers of the ordinary law, it is their imperative duty to ask Parliament for that additional power which will enable them to put an effectual check on a wicked and wide-spread conspiracy which now exists in Ireland, and afford protection to the loyal and faithful subjects of Her Majesty in that country. There may, indeed, be some who think that the Government are late in making this application, and that it ought to have been made sooner. I know that impression is entertained by some Gentlemen who, re

HOUSE OF COMMONS,
Saturday, February 17, 1866.

MINUTES.]-PUBLIC BILLS

Resolution in Committee-Habeas Corpus Suspension (Ireland); ordered, presented, read 1o, 2o, committed, considered in Committee, reported, read 3° and passed; Mr. SPEAKER reported the Royal

Assent.

Committee - Cattle Diseases (re-comm.) [20];
Cattle Plague (re-comm.) [7] [R.P.]
Report-Cattle Diseases (re-comm.) [20].
Considered as amended-Cattle Diseases [20], siding in Ireland, are deeply sensible of

and re-comm.

The House met at Twelve of the Clock.

DEBATE ON THE ADDRESS. MR. WHALLEY AND DR. MANNING.

PERSONAL EXPLANATION.

(

the alarm and apprehension which pervade that country, and of the injurious consequences which must ensue to Ireland from the treasonable proceedings which unhappily are going n there. But I do not think the House of Commons will censure the Government for having waited till they were convinced that every power of the ordinary law had proved ineffectual, and every constitutional form of proceeding had been exhausted, and that additional and extraordinary powers were necessary for the accomplishment of the object which we must have in view.

MR. WHALLEY said, he wished briefly to occupy the attention of the House while he gave a personal explanation, and sought to do justice to a gentleman of great eminence. In a recent speech he had used words which purported to express the sentiments of Dr. Manning. He had received a communication from Dr. Manning, reSir, I need not advert in detail to the questing him to state the authority upon existence and the objects of the Fenian which he (Mr. Whalley) had attributed conspiracy; they are unhappily too notorious those sentiments to him. He had furnished-too painfully notorious-to those GentleDr. Manning with that authority, and he men who have resided in Ireland, and have held a letter in his hand from Dr. Manning, shared-and shared, I believe, on reasonable in which he entirely repudiated the senti- grounds-in the alarm and apprehensions ments which had been attributed to him, which the proceedings of persons engaged and he (Mr. Whalley) was perfectly ready in that conspiracy have caused. The Fenian to accept the repudiation of those senti- conspiracy has lately assumed proportions, ments on the part of Dr. Manning. a form, and an organization which could hardly have been expected a short time ago. I believe, if you go back to 1862, the Fenians were then known to exist in Ireland; and that persons calling themselves Fenians, in different parts of Ireland, were making speeches, and writing articles in the newspapers, of a seditious character, tending, if their opinions became generally prevalent, to subvert the institutions of the

HABEAS CORPUS SUSPENSION

(IRELAND) BILL.-LEAVE. FIRST, SECOND, AND THIRD READING.

SIR GEORGE GREY: Sir, it is with very deep and sincere regret that I rise to make the Motion of which I have given notice, and which I shall have to place in

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