direct your attention to. I hope I shall not be thought desirous of interfering with the liberty of the press, or of interfering with the discretion of Government in this course. I am not seeking to call the attention of Government to a casual article, or to bring these gentlemen within the scope of the law for a hasty or ill-considered expression. No, my Lords, this is a different case. These passages to which I refer are contained in the programme of the course to be pursued, and of the object intended to be carried out, and of the string on which he intended constantly to harp, for the purpose of exciting sedition and rebellion among Her Majesty's subjects in Ireland. This article is in the shape of a letter, which is directed as follows:

"TO THE RIGHT HON. THE EARL OF CLARENDON, LORD LIEUTENANT GENERAL AND GENERAL Go

ENGLISHMAN; CALLING HIMSELF HER MAJESTY'S

VERNOR OF IRELAND.

"In plain English, my Lord Earl, the deep and irreconcilable disaffection of this people to all British laws, law-givers, and law-administrators, shall find a voice. That holy hatred of foreign dominion which nerved our noble predecessors fifty years ago, for the dungeon, the field, or the gallows (though of late years it has worn a vile nisi prius gown, and snivelled somewhat in courts of law and on spouting platforms), still lives, thank cate holy hatred, to make it know itself, and avow God! and glows as fierce and hot as ever. To eduitself, and at last fill itself full, I hereby devote the columns of the United Irishman.—And I have the honour to be, &c.

"JOHN MITCHEL."

Now, my Lords, I think, that whatever your Lordships' opinions may be of the expediency of prosecutions of this sort generally, you will not be of opinion that the language of this newspaper is of a common kind, and I need not therefore apologise for having called the attention of the Government to it. This is not, as I said before, a mere casual article in a newspaper-it is the declaration of the aim and object for which it is established, and of the design with which its promoters have set out; that object being to do everything possible to drive the people of Ireland to sedition, to urge them into open rebellion, and to promote civil war for the purpose of exterminating everything English in Ireland. I hope, my Lords, Her Majesty's Government will not say that this is a matter quite insignificant-that it is below contempt-and that we should allow it to pass by in silence. If such a publication had appeared in England, I should have been very much inclined to think the good sense and sound judgment, and loyalty of the people, would have revolted at the article at once as a seditious and coarse invective, whose very violence, like an over-dose of poison, prevented its effect, and in the minds of all rational beings rendered it utterly inoperative. But this language is addressed, not to the sober-minded and calm-thinking people of England, but to a people, hasty, excitable, enthusiastic, and easily stimulated, smarting under great and manifold distresses, and who have been for years excited to the utmost pitch

My Lord-To you, as the official representative of foreign dominion in our enslaved island, I mean to address a few plain words upon the aim and design of this new journal, the United Irishman, with which your Lordship and your Lordship's masters and servants are to have more to do than may be agreeable either to you or to me. Those words shall be so very plain, that even if your Lordship vouchsafe to read them, I count upon your being unable-because you are a Whig and a diplomatist-to understand them in their simple meaning. I am going to mystify the Government' and the lawyers by telling the naked truth, whereof they are all hereby to take notice. Simply, then, the United Irishman newspaper has been undertaken by men who see that the sway of your nation here is drawing near its latter day -who know that all its splendid apparatus of glittering soldiers and conciliating statesmen, all its obscure and obscene lower world of placemen, place-beggars, place-jobbers, spies, special jurors, informers, and suborners-that it is all a weak imposture, an ugly nightmare lying on the breast of our sick State-that it is made up of prestige, and maintained by striking terror,' and needs but a charm of truth, a few true words spoken, brood will vanish like foul fiends at cock-crow... "An exact half-century has passed away since the last holy war waged in this island, to sweep it clear of the English name and nation. And we differ from the illustrious conspirators of '98, not in principle—no, not an iota-but, as I shall presently show you, materially as to the mode of action. Theirs was a secret conspiracy-ours is a public one. They had not learned the charm of open, honest, outspoken resistance to oppression; and through their secret organisation you wrought their ruin-we defy you, and all the informers and to which they could go consistently with detectives that British corruption ever bred. . . . the safety of those who excited them, by "For be it known to you, that in such a case the harangues of democrats and revoluyou shall either publicly, boldly, notoriously pack tionists. This paper was published at 5d.; a jury, or else see the accused rebel walk a free man out of the Court of Queen's Bench-which will but, as I am informed, when the first numbe a victory only less than the rout of your Lord- ber appeared, so much was it sought after, ship's redcoats in the open field. And think you that on its first apperance it was eagerly

a few bold deeds done-and the whole hideous

bought in the streets of Dublin at 1s. 6d. | or exaggeration, to which, in the pursuit and 2s. a number. With the people of of notoriety, and in the exercise of their Ireland, my Lords, this language will tell; vocation, these young gentlemen of "no and I say it is not safe for you to disre- property" in Ireland were not ready to go; gard it. These men are honest; they are but, having said that, he certainly was not not the kind of trading politicians who prepared to say that on every occasion, make their patriotism the means of barter whatever might be the amount of maligfor place or pension. They are not to be nity and sedition evinced in any publibought off by the Government of the day cation, prosecution ought to be instituted for a colonial place, or by a snug situation merely on that account, and without rein the Customs or Excise. No; they ho-ference to other circumstances. Still less nestly repudiate this course; they are rebels at heart, and they are rebels avowed, who are in earnest in what they say and propose to do. My Lords, this is not a fit subject, at all events, for contempt. My belief is that these men are dangerousmy belief is that they are traitors in intent already, and if occasion offers that they will be traitors in fact. You may prosecute them you may convict them; but depend upon it, my Lords, it is neither just to them nor safe for yourselves to allow such language to be indulged in. I believe, because I have this strong persuasion of the earnestness and honesty of these men, that it is my duty to call your Lordships' attention to the first number of this paper called the United Irishman, which is intended to produce an excitement leading to rebellion, for the purpose of showing you the language held forth and the objects avowed by these men, to whom a large portion of the people of Ireland look up with confidence, and for the purpose of asking Her Majesty's Government if this paper has come under their consideration, and if so, whether the law officers of the Crown in Ireland have been consulted, and if it is the intention of Government to take any notice of it?

was he prepared to say that Her Majesty's Government ought, on any occasion of this nature, by a direct and peremptory instruction to limit and to fetter that discretion of the noble Earl at the head of the Irish Government, which discretion they all knew had been up to the present period, upon every occasion, and would also be, he had no doubt, on every future occasion, exercised with the utmost judgment and attention to the circumstances of each case. Under these circumstances, no particular instructions had been forwarded on this subject by Her Majesty's Government. They knew that the noble Earl's (the Earl of Clarendon's) attention had been called to it; and they felt confident that he would act without delay as the circumstances of the case required; but he (the Marquess of Lansdowne) did not feel authorised to state that in the present circumstances of the case he had directed any such prosecution as the noble Lord pointed at to be commenced. He need not tell the noble Lord that there were cases (he did not at present say whether this was one) in which the character, or want of character, of the persons engaged, deprived the efforts, however malignant their intentions, of any mischievous effect, and, as the noble Lord The MARQUESS of LANSDOWNE said, had observed, made it questionable whethat he wished to confine himself, on the ther the extent of the malignity evinced present occasion, to an answer to the ques- did not render it innocuous, and whether tion of the noble Lord. He had no hesi- the amount of the intended mischief did tation in stating, that he had seen the not of itself create that distrust and that newspaper to which the noble Lord had feeling which proved the best punishment alluded, and he could also have no hesita- of those who contemplated it. He did not tion in saying, that he had reason to be- say that this consideration afforded a solulieve that the noble Earl at the head of tion of the matter now under notice, as he the Government in Ireland had had his was at present informed, but it was one attention directed to it, as indeed he knew which every wise Government would take of no occurrence material to the interests into account. Leaving, however, the matof that country to which the noble Earl's ter to the consideration of the Irish Goattention was not directed. He (the Mar- vernment and of the noble Earl at its quess of Lansdowne) was perfectly pre-head, he felt confident that the judgment pared to say that he entirely agreed with of those on the spot, applied to all the cirthe noble Lord opposite in thinking that cumstances of the case, would be of a the publication referred to proved that character likely to prove the most consistthere was no extent of sedition, falsehood, ent with the public interests. He could

not say any more in answer to the noble | those estates in a beneficial manner. By Lord on this subject.

INCUMBERED ESTATES (IRELAND)
BILL.

changes of that kind persons of no capital would cease to be the nominal proprietors of land, and the real masters of the soil would then become the ostensible owners. Such persons would not think of purchas

The LORD CHANCELLOR rose to move the Second Reading of the Incum-ing land without possessing capital suffibered Estates (Ireland) Bill, and proceeded cient for its improvement; and under the to state the object and provisions of the altered condition of the relations of landed measure. His Lordship was understood to proprietors towards their tenants, towards say that, unfortunately for Ireland, the each other, and towards the community at landed property there to a large extent large, they would be presented with every was in a situation not only detrimental to temptation to improve the condition of those who had an interest in land, but also their estates. Although these objects were most injurious to the community at large; of great and paramount importance, yet he and, therefore, the importance of any mea- was as fully aware as any noble Lord in sure intended to remedy acknowledged evils that House could be that it would be imin respect to this matter would be admited. possible to effect the proposed alteration of The great evil with respect to landed pro- the law without doing much that might be perty in Ireland was, that a very large considered inconsistent with the rights of portion of it was heavily incumbered by property. But he would ask, why should mortgages, charges, and other interests, so the interests of the community at large, that the ostensible owner in some cases as well as the interests of individuals, be could hardly be said to have any estate in disregarded for the sake of maintaining the land at all. He, consequently, was mere abstract rights, which, in the existnot in a condition to improve the estate, ing state of society in Ireland, led to great and find employment at the same time practical injustice? In the case of land for the population. When a man was purchased for the use of railways, no such really and actually the owner of an estate, hesitation was felt no such injustice was he had both the means and the motive for made the subject of complaint. He adimproving it; but it was impossible for a mitted there was extreme difficulty in carlandlord whose income arising from his rying into effect all the objects which the landed estate was intercepted by mort- framers of the Bill proposed to accomplish. gages and other charges to perform those It was true that in the simple case of duties which a landlord should discharge. mortgagor and mortgagee nothing remainThis was a most injurious state of things ed to be done but to sell the land, pay the for all classes; and the existing state of mortgagee, and let the owner of the estate the law afforded no sufficient means for re-receive the surplus of the purchase-money. moving the difficulty. Scarcely any one who had at any time turned his attention to subjects of this nature would fail to know that the interest paid for money invested in land could not be compared with the interest derived from capital engaged in other pursuits; and it was equally well known that from many estates in Ireland no income whatever was derived that was to say, the whole proceeds of the estate were absorbed by the incumbrances; yet, if the owners of those estates were enabled to convert them into money, the balance, or residue, coming to such owners would often be of considerable amount, and would, if prudently invested, yield handsome incomes. Of course, no one would wish to see the mortgagors lose their estates; on the contrary, the purpose of the Bill was to enable the owners of encumbered estates to dispose of them to advantage, and to invest the proceeds of VOL. XCVI. Third {Series}

But such a condition of affairs formed the exception, not the rule; generally, the condition of an estate presented more complexity; hence extreme difficulty and embarrassment in dealing with the conflicting claims of the various parties interested. In framing the Bill every possible care had been taken to guard against what might be called the absence of parties; and in every possible case provision was made that every person interested in an estate should be entitled to notice respecting any steps that might be taken with a view to its sale; the conduct of the affair being placed in the hands of a Master in Chancery, assisted by a person who should be appointed for that purpose by the Attorney General; and, as he had already said, nothing would be done without full notice to every one concerned, the Master in Chancery and the person appointed by the Attorney General being bound to watch

2 S

THE WINDOW DUTIES.

ward his Motion for the repeal of the window VISCOUNT DUNCAN* rose to bring forduty; and in doing so he said that he was well aware of the objections and difficulties that might be thrown in the way of this or any other reduction of taxation at any time, but more especially at a crisis like the present. He had hoped, however, to have been anticipated, either by the noble Lord at the head of the Government, or the right hon. Baronet the Chancellor of the Exchequer, in the notice which he had placed on the Paper, because he had expected that, as the budget which had been lately laid before the House had (in the thirty-third year of peace in Europe) contained an augmentation of the propertytax, of not less than two per cent, that increase of taxation would have been substituted for certain other taxes, which he was prepared to prove pressed most grievously and most heavily on the middle and working classes of the people of this country.

* From a corrected report published by Ridgway.