of their legal operation; it would be for Presbytery, in which he acknowledged his future discussion how far they ought to be error, which arose from his supposition that altered or amended. Their object was the law meant only to apply to the people to prevent the growth of Popery, and the of the established church when it named learned doctor must be aware that the Protestants; that he sincerely regretted English as well as the Irish Statute Book what he had done; and concluded with was fully provided with enactments to giving an assurance that he would not that intent. He rose for the purpose of ever again transgress in like manner. vindicating the characters, and justifying But Mr. O'Flaherty had a curate, whose the proceedings of six magistrates of the name was O'Hagan, and in autumn last he county of Derry; and although they were. went to work in a similar manner. This treated by the learned doctor with deli- excited much agitation amongst the Prescacy, yet the very nature of his motion, byterians; and on the 4th or 5th of that a copy of commitment signed by Nov. last the magistrates before-named them against individuals, the proceed were assembled in the town of Newtown ings against whom he reprobated, should at petty sessions for general purposes, be produced, unnecessarily called down when the parents and relations of two some reproach upon them. He would young women named Loudin, complained satisfy the House that those persons were against priest O'Hagan for having celefree from the slightest blame; that they brated a marriage between Anne Loudin, had acted correctly as magistrates. They a Protestant, and John Kyle, a papist; were men of independent fortune, of in- and Martha Loudin a Protestant, and dependent minds, of education, intelligent, William Quigley, a papist. All the parties active in performance of all their duties were summoned, and all appeared exas magistrates and resident country gentle- cept the priest. They refused to be exmen. Yet all these qualifications did not amined, and were committed to the county protect them from being arraigned, tried, gaol for three years, or until they should found guilty, and punished, before the submit to be examined. They did not Catholic Association. That omnipotent remain in gaol, as the learned doctor had body took cognisance of their proceed- stated, for some weeks. After being conings; and he would shew that it was fined for two or three days, they expressed one of the hundred instances where, in a desire to be brought before a magistrate that nest of evils insufferable, interference for the purpose of obeying the law; and with the constituted authorities had been he (sir G. Hill), with the mayor of exercised. They were arraigned each by Derry, waited upon them in the gaol on name, by the leading director there. Sunday the 8th Nov., took their informa They were charged with unworthy mo- tions and recognisances, which they most tives towards the Roman Catholic popu- cheerfully gave, and they were liberated. lation, menaced with their hostility, re- The magistrates had no discretion in this probated in the severest terms, and, finally, commitment. The complaining parties a decree was passed to apply sufficient were before them, calling for the exercise means from that all-powerful engine, the of the law, which directs, that those susPopish Exchequer, to bring actions pected of being present at the celebration against them. He would now state the of the marriage shall, on refusing to be circumstances which led to the displeasure examined, be committed, as was done in of this disgusting assembly. A Mr. Neil this case. Although the learned doctor O'Flaherty, a Roman Catholic clergyman, had for the most part quoted the statute had, in the course of last summer, excited with much correctness, he was mistaken much uneasiness in Newtown-Limavady, if he supposed an idea was ever enterin the county of Derry, amongst the Pres- tained, that the priest was liable to the byterian congregation, by celebrating mar-penalty of the 12th of George 1st., by which riages between females of that persuasion and Roman Catholic men. The families and parents of the women applied to the presbytery of Derry for protection. Instead of immediately prosecuting Mr. O'Flaherty, the Presbytery adopted the milder method in the first instance, of remonstrance. He acquiesced at once to all appearance, and wrote an address to the

his offence was made felony without benefit of clergy. The warrant for his apprehension was for having incurred the penalty of 500l. under the 33rd George 3rd. which was bailable. He would not argue that the law ought not to be amended; but, to what extent or with what policy, he would not now offer any opinion. He had risen merely for the purpose

of vindicating his valuable friends from the unworthy imputation of mixing any other feeling than conscientious discharge of duty in their proceedings as magistrates, and to deprecate the mischievous interference of the Catholic Association with the constituted authorities of the land.

that they had no reason to apprehend any thing of the kind; but, the moment the furious language of reproach and hatred uttered by Mr. O'Connell, Mr. Shiel, and other demagogues, became known, from that moment these worthy magistrates were placed in a state of terror and alarm. This he thought was a pretty fair answer, Mr. John Smith begged leave to ask and it was a true answer, to the question the right hon. baronet what he meant, of the hon. gentleman. In every part of when he charged the Catholic Association the country, the speeches and proceedings with an attempt to excite rebellion and of this infamous, unconstitutional, and hatred against the magistrates who acted most mischievous body, had gone forth to in this affair? What language had they sow discontent. In the north, the Camade use of, or what were those particular tholic mind was thus alienated from their acts, which shewed any wish to excite the Protestant fellow-subjects, and they were Catholic population to vengeance? He taught to look upon them as their worst had read their speeches, and observed enemies. Many of the gentlemen of that their conduct, and his memory did not part of the country were, it was true, supply him with any thing that could be from principle, opposed to any further exconstrued into a threat of personal ven- tension of privileges to Roman Catholics; geance. It was true that they shewed a but, in all other respects, they were their disposition to apply part of the funds they friends. The Association was the cause had collected to prosecute individuals of this. They were chargeable with the where circumstances seemed to warrant whole of the evils; with having scattered it, against injustice. Such an object ap- distrust through all the relations of life. peared to him not only right, but most He thanked the learned doctor for the excellent. He saw no better way in manner in which he had brought forward which their money could be disposed of, this question. He had confined himself than in affording the means of protection to the statement of the law upon the subagainst injustice and personal oppression.ject, and to the view he took of it. The Mr. Dawson said, that if the hon. gentleman had paid sufficient attention to this particular case, to the events that were passing last summer in Ireland, and the effects produced by the speeches and conduct of the Association, he would not have found it necessary to put such a question to his right hon. friend. He would tell the hon. gentleman that the Association did excite the people to feelings of hatred and hostility against their Protestant fellow-subjects, and those worthy magistrates in particular. In their debates the names of these gentlemen were held up to reproach, by one of the most furious of their demagogues. The reports of his speeches were published and sent down to that part of the country in which these gentlemen resided. They were read by the Roman Catholics; and the consequence was, that they who before were held in the highest estimation and respect, and were on the best footing with their Roman Catholic neighbours, could not stir from their houses without being assailed with expressions of hatred, and menaces of violence from the Catholic population. Previous to this time they were so much respected among all classes,

Catholic Association did not act in this manner; but endeavoured to turn it into a source of bitterness and hatred. He concurred in opinion with the learned doctor, that the law required alteration. So far as he was informed, it was the opinion of every lawyer in Ireland, that the 33rd Geo. 3rd. repealed the penal part of the previous statute, which made it felony without benefit of clergy for a Catholic priest to marry two Protestants or a Catholic and a Protestant. By 33 Geo. 3rd. the penalty of 500l. was substituted in place of the punishment provided by the other statute. This was now the generally received opinion. If, however, any doubt remained on the subject, the law ought to be altered. At all events, whatever the state of the law might be, the conduct of the magistrates was completely free from blame. His right hon. friend had detailed the facts of the case very correctly. He had omitted, however, a few circumstances. He had stated, that the name of the priest who celebrated the marriage was O'Flaherty, and that the Presbyterian clergyman, when the fact became known to him, threatened a prosecution. The priest wrote a letter ac

locality, it was extended to many other | year, with the exception of some who subjects than the state of the disturbed were either absent or wished to be exdistricts; and, indeed, became almost cused from attending. A noble friend of general. The noble lords who composed his who sat on the committee of last year, that committee would do his majesty's was absent on the continent, and he should government the justice to say, that no therefore move to appoint lord Fitzgibbon disposition was shown on their part to in the room of the earl of Aberdeen; and narrow the inquiry, and that a more con- as earl Fitzwilliam, on account of his age, venient course of investigation could not did not wish to continue on the committee, have been pursued. In consequence of a he would propose in his stead, the duke question put the other night by the noble of Devonshire. marquis opposite; namely, whether the powers of the committee proposed to be appointed would be such as to enable them to extend their investigation to the whole of Ireland; he had then answered, that he had no objection so to extend it; but that he meant to introduce some words into his motion which he thought it would be right for him now to state. Those words would, however, be introduced more with the view of directing the committee to the object of investigation, than from any wish to limit the inquiry. He would, therefore, move for a committee to inquire into the state of Ireland, and more particularly with regard to the circumstances which led to the disturbances in those parts of the kingdom which were the subject of inquiry last session. Under these terms, no fair subject of examination would be excluded. But, in thus appointing a committee to inquire into the actual state of Ireland, he certainly did not mean to refer to it that particular subject which was commonly called the Catholic question. That was a subject of too paramount importance to be consigned to an inquiry of this kind. It was competent for any member of their lordships' House to propose the discussion of that question; but he could not consent to its being specifically referred to a select committee, or to any committee which did not include every member of their lordships' House. It was, therefore, not with the view of having the Catholic question considered that he made the present motion. But, while he said this, it was not his intention to limit the inquiry, as to those facts which might relate to, or have a bearing on, the Catholic question. If there were facts connected with that question which, in the judgment of any noble lord, might throw light on the inquiry, he would not object to their being investigated. With regard to the composition of the committee, he should name for its members the same noble lords who composed the committee of last VOL. XII.

The Earl of Darnley reminded their lordships, that twelve months had not elapsed since he had, in vain, pleaded for that general inquiry into the state of Ireland which the noble earl now proposed. Upon that occasion the importance of the subject procured a very numerous attendance of their lordships, and his motion was negatived by a great majority; sixteen only having thought fit to support it. In stating this, he did not mean to claim the present motion as "his thunder." On the contrary, he assured their lordships, that he was perfectly well content to leave the thunder in the hands of the Jupiter who had undertaken to wield it. If, however, the noble earl meant to inquire into the state of Ireland without making the Catholic question his main object, and obtaining information respecting that question from those most capable of furnishing it, his inquiry would be useless. Their lordships would recollect, that when he brought forward last session the motion to which he had alluded, the Catholic question was the principal ground on which he founded it. Indeed, to overlook the Catholic question in an inquiry into the state of Ireland, was to imitate the strolling company who advertised the performance of the tragedy of Hamlet, with the part of Hamlet, for that night, omitted. The more their lordships examined the subject, the more would they be convinced that Ireland never could be satisfied, until the just claims of the Catholics were satisfied. It would be well for ministers now to look the question fairly in the face. He was not surprised that they wished to check the Catholic Association. That was only the consequence of their own neglect. If that body had become, as was said, dangerous to the state, the fault was theirs, who, in defiance of common sense and common justice, had uniformly refused to listen to the just claims of the Catholics.

The Marquis of Lansdown did not rise to oppose the motion, which in so far as

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