according to the representation of his noble the catalogue of crimes in that disturbed and learned Friend, for the success of the district. Under these circumstances it measure, they might agree to such a course became necessary to call a meeting of being taken, and in this way the difliculiy magistrates of the county, and they aswould be got rid of.

sembled to the number of twenty-six in Bill passed.

the city of Limerick. That meeting was

not of a sectarian or party character. Gen. DISTURBANCES IN LIMERICK - PAL- tlemen of all political opinions were there LASKENRY APAR.] The Earl of - holding the commission of the peace. Churleville said, that in rising to bring they had all admitted the disturbed state forward the motion of which he had given of the county, and had all subscribed notice, he must throw himself on the their money to obtain secret information lenient indulgence of their Lordships. of the perpetrators of those crimes. The Nothing could bave induced him to bring most frightful circumstance connected forward the subject if he bad believed the with those crimes was, that the greatest case to which he was about to refer was part of them had been perpetrated without one merely of individual wrong, or was the possibility of detecting and bringing confined to that particular locality of Ire- the offenders to justice. The chair at that land to which he should presently allude. meeting was occupied by the hon. Mr. He believed, on the contrary, that the Massey, a gentleman of Conservative opicase had a general effect on the peace, nions. Sir D. Roche, a Member of the security, and tranquillity of a great pare other House of Parliament, and holding of that country, if not the whole of it: what he might be allowed in the terms of and he should not have been satished of the day to call very liberal opinions, moved having discharged his duty, if he had one of the resolutions; and that resolushrunk from the performance of it, by not lion was seconded by the O'Grady, a supcalling the attention of their Lordships to porter of her Majesty's present Governthis subject. Oo more than one occasion ment. Since that time a number of perduring this Session of Parliament he had sons had subscribed their money, amongst felt it to be his duty to call the attention whom was one of the Members for the of their Lordships to the disturbed state county, Colonel Fitzgibbon, and a noble of the county of Limerick; and, to pre- Earl connected with the Government, vent any misunderstanding on the part of whom he did not then see in his placeany noble Lord, he wished now to define he alluded to the noble Earl who was the limits of the district which was so dis- Master of the Horse to her Majesty. He turbed. It was from the Hill of Kilbreedy, trusted he had said enough to show that which was the centre of the barony of there was nothing like a party feeling in Kenry, to an extent of about six or seven that assemblage of magistrates; that it Irish miles around it. The disturbances was not the design of any one party, nor which took place in that district had been on the motion of any influential individual, increasing for the last eighteen months, that they met together to take into consiuntil they had reached a most unparalleled deration the state of that part of the extent. ln 1838 in that particular dis-country, and the lawless insurrectionary trict there were four attacks on houses for disturbances that had taken place. Une the purpose of robbery of arms. In 1839, fortunately, that state of this particular to the month of September, there were district continued, and notwithstanding fifteen attacks on bouses for the same pur. the meeting to which he had referred, and pose. From Seplember last year to the the sums of money that were subscribed 1st of April in the present year, there on that occasion, the effect was not such were twenty-two similar attacks on houses; as those Gentlemen had been led to hope and from the 1st of April last up to the pre- and expect. They therefore found it nesent time there had been twenty-five other cessary to summon a second meeting of cases of the same kind reported to him. the local magistracy on the 15th of May But that was one species of crime only, at the town of Pallaskenry. Lord Clarina independent of all others—such as shoot was in the chair, and a great number of ing with intent to kill; threatening to do the local gentry attended. There were bodily harm; shooting at horses; crop- also present on that occasion three officers ping of horses; and the serving of Rockite connected with the Government-Mr.

the reports of Mr. Jackson, and that the Government would acknowledge that such reports were not to be relied upon. It would now become necessary for him to trouble the House by calling their attention to a very short letter, bearing date the 29th of April, 1840; from Mr. W. T. Hamilton to Mr. J. E. Langford, and was in these terms :—

"It appears by a report from Sub-Inspector Jackson, that by your directions a search for arms was made under your warrant, and a gun and a shot-pouch taken from the rear of Michael Madigan's house. In reference to this search, I am instructed by the Crown counsel to inform you that the warrant now in your possession will not justify your searching for arms at so long an interval from its date."

stipendiary magistrate; Mr. Blake, a sub- | him to their houses, and he had, as he inspector of the county; and Mr. Jack-said, too much spirit to force himself into son, the chief constable of that district. their society. Thus did this gentleman One of the magistrates who was at that account for neglecting his duty, on the meeting, Mr. Langford, made a statement ground that he did not receive as many as to the state of crime, insecurity of life invitations to dinner as he thought he had and property, in the particular district to a right to expect. Now, he would ask which he had alluded. Was that state- their Lordships, was it upon the represenment disproved? Were those facts con- tations or the reports of such a person that travened or attempted to be denied by the character of a gentleman like Mr. any gentleman connected with the police Langford was to be assailed? He trusted force or the Government? No such thing. it would appear that the noble Marquess Mr. Redmond admitted the state of crime, had no charges to make against Mr. Langdeplored it, and entertained hopes of re-ford, except such as were founded upon storing peace and tranquillity. Those hopes had been frustrated. The Government poured in additional police. The stations were doubled or trebled, and, as he was informed, almost every house and every field in the neighbourhood were patrolled. But that Gentleman plainly admitted the existence of those outrages; he admitted, that the night before the meeting of the magistrates he had captured several men, and he gave the names of the police constables who assisted him in making that capture. His advice to the unpaid magistrates and to the gentlemen of Limerick was, that they should pay the police. "Let the police," he "be rewarded, and then the gentlemen of the county might urge them to do their duty-they would then have a claim upon them." Was that suitable advice to be given by a man sent down by the Government to observe and control the proceedings of the local justices? Mr. Jackson had been called to account for his conduct; which was a direct and manifest disobedience of the police regulations he was bound to inform the nearest magistrate of any facts coming to his knowledge which might in any manner endanger the peace of the country. Instead, however, of paying attention to "But if you think it necessary that a new those rules, he was in the habit of passing warrant should be issued, the proper course over all the magistrates in his neighbour-cording to the provisions of the Arms Act, 50 will be to transmit the usual application, achood, and sending to Mr. Redmond, at a of George 3rd, c. 109, s. 2. With regard to distance of nine miles. What reason did the documents found on searching Michael he assign for such conduct at the meeting Wheelan's house, I am to request that you will at Pallaskenry? Neither more nor less state whether you have taken any, and what, than this-that when he resided in the proceedings against him." county of Kerry, he had been received upon the footing of a gentleman, but from the time of his coming into the county of Limerick he experienced none of the hospitality to which he had previously been accustomed. None of the gentlemen in

says,

Before he proceeded, he must say, that there were other papers connected with the subject for which he had called also, but which had not been laid upon the table of the House. The noble Marquess said, that there were no such papers as those for which he had moved; to that he should reply, that they were produced at the meeting at Pallaskenry by the stipendiary magistrate after a discussion of two

hours and a half. The letter went on in these words:

By the second section of the 50th of George 3rd, cap. 109, it was enacted, that two justices, on having good grounds for suspecting that arms were unlawfully in the possession of any person or persons, might report thereon to the Lord-lieute

that he had been influenced by any motives save those which sprung from a wish to preserve the peace and tranquillity of the country. Mr. Langford had been asked, why he had not proceeded against the elder Wheelan? Two of Wheelan's sons had been sent to prison, a third had absconded, but the father bore an excellent character, and Mr. Langford saw no grounds for proceeding against him. Some papers were found at the house of the Wheelans which appeared to justify the idea that the regulations of the Riband societies demanded from the persons admitted to them evidence of sober habits, whereupon the Temperance Society of Limerick addressed the Lord-lieutenant, disclaiming any connexion between ribandism and temperance societies imploring an investigation into the alleged document purporting to be found in the house of John Wheelan, which they were convinced was fabricated, and previously placed in concealment, by some vile incendiary. The Irish Government, then, addressed a letter to Mr. Langford, directing him to institute an investigation, but Mr. Langford declined; and he thought had exercised a sound discretion. By the 2nd and 3rd of the Queen, cap. 74, it must be proved that papers relating to Ribandism were in the possession of a man with full and guilty knowledge on his part, before he could be made the subject of a prosecution. In order that their Lordships should more clearly understand this part of the case, he should call their attention to a letter, dated the 26th of May, 1840, from Mr. Redmond to Mr. Hamilton, which was as follows:

then use their own discretion. He admitted that Mr. Langford had not acted under this statute; the warrant in question had been issued in the course of the preceding year. Whether the practice in Ireland might be right or might be wrong, he should not then stop to discuss, but there was no sort of uncertainty as to the existence of the practice in that part of the United Kingdom with regard to warrants of this description. When they were once granted, they were allowed to continue in force for an unlimited period, and there was certainly nothing in the Act of Parliament to define the limit, or in any manner to specify the time during which those warrants were to remain in force. The uniform practice was for the magistrates to act upon those warrants so long as the districts in which they resided continued disturbed. Unless it appeared that the conduct of a magistrate was influenced by some improper motive, he must say that it would be meeting out a severe measure of justice to address him in terms of such reprehension as those which had been used towards Mr. Langford in the letter written to him by the Irish Government. In his opinion, it was a letter which, considering the state of the country, and the circumstances under which it had been written, must be looked upon as altogether indefensible. The fact was, that Mr. Langford required no warrant whatever; the state of the country was such as fully to justify him in the course which he had taken. Looking at the disturbances which prevailed, and receiving information which appeared to afford grounds for suspicion, he was fully warranted in making the search which he had instituted. It would really appear that "In reference to your letter of the 20th inst., he had only been guilty of that which, sire that I should attend the inquiry directed informing me that it was his Excellency's deafter all, was a mere technical mistake; to take place at Pallaskenry, relative to the for by the third section of the Act, he documents found in the house of John Whee might have acted upon his own authority lan, of Kildimo, I think it my duty to acquaint without the co-operation of any other you, for his Excellency's information, that magistrate. Let the House only reflect considerable excitement and expectation preupon the number of crimes committed in and the charges and assertions of Mr. Langvail in consequence of the approaching inquiry, that part of the country, and he was sure ford, at the meeting of some magistrates, &c., they would agree with him, that instead of at Pallaskenry, on the 14th inst.; and to sugreprehension, Mr. Langford deserved the gest to his Excellency's consideration whether thanks of the Government, as he had re-it would not be advisable to extend the inquiry ceived those of his brother magistrates. Mr. Langford thought himself justified in the use of the warrant for a certain length of time, and at the most he was guilty of that which was merely an error of judg

to the finding of the blunderbuss, &c., by Mr. Langford on the night previous to the meeting the Temperance Society intend having the aid of the legal profession at the inquiry, and I would apprehend the introduction of irrelevant

above referred to. I have been informed that

matter of great indifference to him, and he had made use of an observation which was exceedingly unpleasant to all the local

Langford's motives, &c., and I would, therefore, wish to have the Attorney-general's directions as to the extent of the direct and cross examinations which should be permitted, if justices—namely, "that he was intrusted the bench should hear evidence on the part of Wheelan, or merely take the informations, suffering the witnesses for the prosecution to be cross-examined; if his Excellency should wish the evidence to be taken down, and should be approve of having it extended as I have suggested, is Mr. Langford to be examined on oath, and required to state his informant's name privately under the sanction of his oath, and if he may be cross-examined? Consider. ing the circumstances I have stated, and the political character endeavoured to be fixed upon the late outrages, it might be worthy of the consideration of his Excellency whether it would not be advisable to send down counsel to preside over the inquiry."

with the preservation of the peace of the county." Intrusted by whom? Had these magistrates been superseded in their commission? Were they considered by the Government to be unworthy to hold office as magistrates any longer? Mr. Redmond afterwards wrote to the Government, stating that he felt convinced that there was no Riband combination in the county, and that the evidence which had been gathered went clearly to show that the disturbances were agrarian, and not political. But he remembered that in 1838 the noble Marquess himself said there was no political conspiracy going on in Ireland. He was much mistaken however, if the noble Marquess would persist in that declaration now, especially after

What that gentleman meant by the" political character endeavoured to be fixed on the late outrages," he knew not; but he hoped he had proved to their Lordships' satisfaction that there was nothing politi-hearing the facts which he had stated to cal in the first transaction, nor in the the House. The proceedings already taken second meeting, nor in the subsequent in- seemed to have produced some effect, for vestigation. It was not enough, however, he found that on the 20th of June last a to have it insinuated that the papers and letter was written by Mr. Macdonald, the the blunderbuss had been improperly Under Secretary for Ireland, which comseized: Mr. Redmond wrote to the Lord-menced in the following manner :lieutenant asking if his Excellency wished "Upon an attentive consideration of the the evidence to be taken down, and evidence taken on the late inquiry at Pallaswhether he desired to have the inquiry ex-kenry, and of the several documents connected tended, so as to call upon Mr. Langford with it, and with other recent transactions in to state who his informant was, and further that district, the Lord-lieutenant regrets to obwhether Mr. Langford was to be cross-serve that a magistrate, to whom the thanks of examined. Why, what was the object of that? To make Mr. Langford give up the name of his secret informant. What was the consequence? That Mr. Langford would be unable to do his duty as a magistrate in the detection and punishment of offenders against the laws and the peace of the country, because, as a necessary consequence, the source whence he derived his information must be destroyed. The attempt of the Temperance Society to free itself from identification with the papers found in Wheelan's house was a That was contrary to the spirit of the most miserable failure. Wheelan himself first letter, dated the 29th of April, for by did not deny, that they were found in his that letter it was held out to him, that if House; nor was any witness worthy of he had applied for a fresh warrant, it would credit brought forward to prove that they have been granted to him. What was the were fabricated. There was no evidence object of that proceeding? It was to lead to prove that the papers found at him on to make another application, in Wheelan's house were placed there without order to enable the Government to heap his authority, and at a meeting of magis- fresh insult upon this Gentleman, and to trates a resolution to that effect was visit him with increased marks of its disadopted. Mr. Redmond had stated that pleasure. He did apply for the warrant,

May, appears to have exercised arbitrary a public meeting were voted on the 15th of powers not warranted by law, and subversive of the just rights of the subject. First, by making a search for arms in April, 1840 under the authority of a warrant granted in March, 1839, contrary to the intention of the statute under which those warrants are granted, and specting general warrants. If in your opinion to the whole spirit of British legislation resuch powers were called for on the late occa sion, you ought to have asked for them afresh in the usual manner, stating your reasons for considering them necessary.

66

warrant being issued. What was the proceedings of the magistrates strictly reply be received from the Irish Govern within the letter of the law. What was ment? A reply more hurtful to his feelings the consequence? Although a magistrate because sent through a third party-|(Mr. Wallace, of Tullamore) had acted in another magistrate. In that reply the strict accordance with the Act of ParliaGovernment admitted the disturbed state ment, and the usual practice in sending of the county, but would consent that the an information respecting the unlawful warrant should be given to any magis- possession of fire-arins by certain parties trate of the whole county excep! Mr. in the King's County, and had made Langford. Any other single magistrate known to the Government authorities the might execute the warrant, but he, on desperate character of the people, the account of his conduct in bringing Ma. reply which was sent back was dated as digan and Wheelan to justice, in detecting follows: them in a crime for which they were sen

** Dublin Castle, Jan. 20, 1840. tenced to death-a sentence which was afterwards commuted to transportation for

“ Sir, I have to acknowledge the receipt of life. But that gentleman enjoyed the full formation with regard to concealed arms,

your letter of the 13th inst. enclosing an inconfidence of all the loyal and well-dis. which I have laid before the Crown counsel, posed inhabitants of the county for his who inquires if the persons named in the vigilance in detecling offenders, for his Information have registered the arms alluded courage and determination in prose- !|! If not, that fact should be stated in the cuting and punishing the disaffected, and Information. The information should also for his zeal in endeavouring, by all means state some ground for his belief as to the arms in his power, to restore peace to that dis. the Crown council would not advise that an

being in possession of the parties named; and tracted district. But when it was known Information, not containing such statements that the name of Mr. Langford was to be should be acted on. I have the honor, &c. excluded from that warrant, Mr. Maunsell,

“ T. DRUMMOND." of Torpo, wrote back to the Government, saying that the person who was in pos.

Considering the great difficulty, and session of the secret information which almost entire impossibility, of obtaining had led to the discovery of the arms, and evidence to convici persons upon their trial the individuals who had secret possession for offences of which there was no moral of them, was Mr. Langford, and he there. I doubt that they were guilty, it was 100 fore could not undertake the responsibility much to expect, that crime would be diof executing the warrant, because he had minished if the means of detecting it were only allowed his name to be appended to thus to be circumscribed. It was sworn it on account of his great confidence in before the Committee of Inquiry into the Mr. Langford, as the person who was state of Ireland last year, by a noblereally competent to bring the offenders to man who filled the office of a local majustice. Mr. Maunsell, therefore, begged gistrate, to withdraw, as he had no power to be of “ That he never took an Information withservice. The Government then stood still out fearing that the man who gave the informa whole fortnight, and bad Mr. Langfordation was likely to suffer before the person done the same, the offenders never would against whom the information was given." bave been brought to justice. That very If the magistrates in question had acted day week a gun was found, and taken froin imprudently, or had fallen into an error the very spot where Mr. Langford, from of judgment, that was all that could be information he had received, expected to alleged against him. But he had not find it. The noble Marquess had on a been guilty of any partial or oppressive former occasion alluded io the murder of conduct. Look at the conduct of Mr. Mr. Dawson, and had said that no person Barnes at Longford. He was not going was now threatened with the fate of that to attack the character of that magisunfortunate gentleman. But still the noble trate. Mr. Barnes, whose case was well Marquess would not assist those who, by known to the noble Marquess, took every their precautionary measures, would pre- means to conceal the source whence be vent such crimes, or by vigilant inquiry got his information. That Gentleman would detect and bring to punishment took a fearsul responsibility upon himself, those who were guilly of them. The Go- and he did not, neither did the Govern