The Orange Magistracy in Ireland.—Official Correspondence on the Earl of Roden's Case.

New Zealander, Volume 5, Issue 407, 9 March 1850, Page 3

The Orange Magistracy in Ireland. — Official Correspondence on the Earl of Roden's Case.

As the removal of Lord Roden from the Commission of the Peace was one of the most remarkable steps in Lord Clarendon's administration of Ireland, and one which will no doubt raise considerable discussion in Parlia* ment, as well as be productive of strong and lasting feeling in Ulster, we place on record the following correspondence consisting of the official statement of facts, addressed to the Lord Chancellor of Ireland by Under Secretary, Sir T. N. Redington, and the Earl of Roden's letter to the Lord Chancellor when he received formal information of the decision pf the Government. Dublin Castle, 6th October, 1849. "My Lord,— l hare the honor to transmit to you herewith, by desire of the Lord Lieutetiant, a copy of the report of an investigation, held by Walter Berwick, Eiq,, Q. C, in pursuance of his Excellency's instructions, respecting certain occurrences which took place on the 12th of July lait, in the district of Castlewellan, on the occasion of an Orange procession. " Having read the report, the minutei of evidence, and documents which accompany it, the Lord Lieutenant is of opinion that the conduct of certain magistrates, who are specially alluded to therein*— viz., the Earl of Roden, Mr. Francis C. Beers, and Mr. Wm, Beers, demands hi 3 particular notice. " The procession referred to appears to have consisted of a very numerous body— considerably exceeding a thousand persons in number, several hundreds of whom were armed with guns, some of which were mounted with bayonets ; and so annei 1 , they marched Sn regular array, with drums and banners, along the public road in open day, for several miles, from Ballyward Church to TulJymore Park, the seat of Lord Roden, whence they returned after remaining some time in the demesne. It further appears that, by previous arrangement and directions from their leaders, this body determined to march by a particular line of road, on which a pass called " Dolly's Brae" (the scene of a former party conflict), although no necessity existed for their going thereby, and in their march the preceding year they avoided doing so. Their forbearance to march through the pass on that occasion had, however, been claimed as a triumph by the Catholic party, who now expressed their determination to prevent the Orangemen from doing so, and accordingly, on the morning of the 12th of July, assembled in great numbers, and armed, on one of the adjacent hills, ostensibly for that purpose. „ V " His Excellency does not think it necessary in this communication to notice in detail the lamentable occurrences which appear to have resulted from the conduct of both these parties on that occasion, as mentioned in Mr. Berwick's report. But he has no hesitation in stating that whether he regards the character of these armed bodies, or the determination of those composing them— the one to effect the passage of a disputed road, and the other to opposo them in go doing— each with force and arms-r-he entirely concuri in the opinion conveyed in the report, that the assembling and marching of bodies so dangerous to the public peace, was plainly unlawful ; and the conclusion, in his judgment, is inevitable— that any ma* gistrate encouraging such proceedings, greatly fwled in the discharge of his duty, and ssriously endangered that public peace which the commission entrusted to him imperatively requires him to preserve. '•The three magistrates whom I have mentioned appear to have io conducted themselves on this occasion. *J. Mr. William Peers, who js what U called the

District Grand Master of the Orange Aisociation, appears to have been concerned in the Orange procession and its line of march. He ordered that it should proceed by the disputed road, and announced that it would do so 3 and he also waited on Lord Roden to request that the body might be received by him in his demesne, which, after some consideration, hit lordship (who states himself to be Deputy Grand Master of the Orangemen of Ireland) agreed to do. " The procession having rendezvoused at Ballyward Church, were assembled in arms iv the demesne of Mr. Francis Beers (who is alto a member of the Orange body) and from thence they proceeded in their line of march. Mr. Francis Beers had, meanwhile, been informed by Mr. Fitzmaurice, the stipendiary magistrate, that a considerable body of men, apparently armed, were assembling on the hill of Magheraniayo, near Dolly's Brae, and he was requested to use bis influence to prevent the Orangemen proceeding through the pass. Mr. Beers stated that he had not sufficient influence to effect this — that no human power could hinder them ; and, in fact, no attempt was made to prevent the procession marching to the point of anticipated collision. " It was then arranged that Messrs: Beer and Fitzmaurice, with the military and police, should precede the procession, and it was hoped peace would thug be preserved. " Tiie Lord Lieutenant has no doubt that both Messrs. Tabutea and Fitzmaurice, the stipendiary magistrates, who were present on the occasion, were sincerely anxious for the preservation of order, and to prevent the effusion of blood ; but he has felt it necessary to communicate to those gentlemen that he considers they committed a serious error in allowing those armed bodies to continue thus unlawfully assembled, and they should not have rested satisfied with tiie remonstrances addressed to the leaders of the two parties, but have taken more determined steps to prevent the unlawful assemblages and marching which took place on that day. " On the arrival of the Orange procession at Tollymore Park, they were received by Lord Roden, who, joined by the Messrs. Beers, proceedid to his house, while the procession marched past to a field where a tent and platform had been erected, and refreshment provided for the body by his lordship. Thither Mr. Fitzmauiice, the stipendiary magistrate, had also repaired to represent to Lord Roden, on the part of the magistrates, who were then assembled on the hill (who all agreed that it would be dangerous to allow the Orange party to come by the same road), that an armed ribbon party were stationed near Dolly's Brae, and that if the procession returned by that way, a collision was seriously to he apprehended. " Lord Roden, in reply, stated that he feared he had not himself sufficient influence to effect this object, but that he would speak to the party and also to Mr. William Beers, upon this subject. In the address, however, which lie subsequently delivered to the Orange body, he abstained from any attempt to dissuade them from returning by a route, the passage along which, he had been apprised, would be attended with so much risk; *' Mr. William Been distinctly advised the Orange party to return by Dolly's Brae, although he admits in his evidence that it was possible the Orange body might have been induced to take his advice, if given, and return home by a different way. This determination, unhappily, led to the disastrous consequences detailed in the evidence. Mr. Francis Beers had also in the morning received the armed body of Orange* men in his own demesne. After Le had been apprized of their object, and the danger attending it, he had allowed them to proceed through the pass, and having himself accompanied them, he must have become aware of the danger which existed ; yet, on arriving at Lord Roden's park, he ugain identified himself with the procession, and although forewarned of the chance of collision, he used no efforts to prevent the return of the Orange party through Dolly's Brae. " The Lord Lieutenant cannot but feel that those who sanctioned this course being taken, or who took no steps to prtveut it, showed themselves most indif* ferent to the preservation of the public peace, which, as magistrates it was their special duty to maintain. " In a week afterwards—namely, on the 19th July, a public dinner (which however had been arranged some time before the 12th) was given by the Orange body of the district to Mr. William Beers. In bis speech on that occasion, which is given in the public prints, and referred to by Mr. Berwick, this gentleman who had, previous to the 12th of July, arranged the line of march of the Orangemen, and who on that day advised them to return by the same road—alluded to the occurrences , at Dolly's Brae, as Mr. Berwick says, 'in very unfeeling terms, expressive of exultation at what occurred, as a triumph achieved by the Orange body over an enemy deservedly punished'— language which, although Mr. William Beers, in his examination before Mr. Berwick, declared that he never meant to convey the sentiments attributed to him, but on the contrary felt regret for what had occurred, yet was calculated very much to shake all confidence in the administration of justice by him, and to increase the party exasperation which then prevailed. I [" A subsequent letter which has appeared in the public prints, with Mr. Beer's signature— and the authenticity of which he has not denied — must also materially strengthen these feelings. " It was part of his Excellency's instructions to Mr. Berwick, in reference to this inquiry, to cause effectual steps to be taken for bringing to justice the parties engaged in this affary or concerned in the crimes committed on that occasion; and the sessional Crown Solicitor having been) employed under hii directions in procuring evidence which could, he hoped, eventuate in the prosecution and punishment of those who were engaged in the actual commission of, or participation, in, the outrages then committed, informations were accordingly tendered before the magistrates, at Castlevvellan, against some of the parties who were known to have appeared in arms on the 12th July, for taking part in the illegal proceedings of that day, Mr. Berwick attended at the petty sessions for the purpose of explaining to the magistrates assembled what appeared to him, and appears also to his Excellency, the undoubted law on the subject of such assemblies as those then the subject of their inquiry. It will be seen from Mr. Berwick's Report that his attendance, on this occasion, was in a great degree influenced by his having been led by the magistrates at Castlewellan to believe that they were left in ignorance by the Government as to the law upon this subject. Such, however, was not th« fact, as immediately after the 12th July, in reply to a communication from Mr. George Shaw, on the part of his brother magistrates, the opinion of the Attorney General as to the undouted illegality of the Dolly's Brae assemblages, was at once transmitted for the information of the Castlwellan bench. A majority of the magistrates, it will be seen, declined to accept Mr. Berwick's view of the law, and informations were accordingly refused. " His Excellency has learned from the official re* port made to him, that Lord Roden attended on this occasion in his magisterial capacity— took part in the proceedings— made a speech on the subject, and voted with ji majority of the magistrates in. refusing to take

informations This proceeding, on the part of hit lordship* apppaM to hi* Excellency deserving of grate otisejfwUofl* liOrd Rodenhad* on the 1 2th July, a3 above stated, identified himself to a certain, extent with the proceedings of the armed assemblage of Orangemen, who came to his demesne,, and it involved him in the responsibility attached to them. He was aware that his conduct in this respect had been publicly arraigned ; much of~the evidence'given before Mr. Berwick tended directly to implicate him as .abetting and encouraging the proceedings of an unlawful assembly, and he himself was.ezamined as a witness in the course of the inquiry. •Mtt appears to Ws Excellenoy destructive of public confidence in the administration of justice, that a magistrate thus circumstanced should take part of the judicial consideration of proceedings, or otherwise, of certain parties in the acts of an assembly charged to be illegal, which he hinnelf had sanctioned and encouraged, and in whose offence against the law (if anyjhad been committed) he became a party directly concerned^ "On a full consideration of the entire caie, the' Lord Lieutenant hat come to the conclusion, that a due regard for the future preservation of the peace in the district in question, and for the administration of justice therein in a manner which will be entitled to public confidence and respect, imperatively requires that the magistrates whose conduct he has thus noticed should no longer discharge the important functions and duties of that office, and I am, therefore, desired to convey to your lordship his Excellency's recommendation that tlia Earl of Roden, William Beers, and Francis C. Beers, Esquires, be superseded in the commissions they now hold. " I have the honour to be, &c, " T. N. RedingtoNa " The Right Honorable the Lord Chancellor."

'• Tollymore Park, October 8. "My Lord.— l had the honour of receiving your letter yesterday, informing me that, in consequence of the recommendation of the Government, your lordship had directed a warrent to be prepared for mperseding me in the commission of the peace for the cotintriei of Down and Louih. 1 cannot help thanking your lordship for the kindnes and courteous manner in which you have communicated to me what I must conceive a very severe sentence, but to which I must respectfully bow as a right vested in her Majesty's Government to remove from the magisterial office any individuals, although their services therein may be as long as mine have been, for a period of nearly forty years* "I have alto received through your lordship a letter addressed to you by Secretary Sir Thomas Redington, detailing the reasons for the proceedings in question, and resting them on the report of the Government Commiiiioner, Mr. Berwick. " I shall not now detain your lordship at any length by referring to the parti of the document communicated to your lordihip in Sir Thomas Redington's letter. There will probably be a future opportunity afforded me of doing to, and provingthat I was in tile strict pro. formance of my duty when acting as a magistrate, on the 9th September ; and that 1 had no retgon to consider myself as being ' publicly arraigned/ though I feel I had- been grossly maligned. Nor can I admit that I was implicated in ' abeteting the proceedings of an unlawful assembly.' Having the honour of holding her Majesty* commission of the peace, I felt bound, in justice, to refuse taking informations against a large body of loyal men charged with the offence of being engaged in an ' unlawful assembly, the illegality of which there was no evidence to prove ; but, on the contrary, the witness Mr. Hill, brought forward by the Crown Solicitor, proving the reverse ; it also appearing that the procession was sanctioned by the presence of Her Majesty's troops, the country police, and stipendiary magistrates. It was natural, under these circumstances, for me to conclude that, had such a meeting or procesiion being unlawful, the Government would have instructed their officers to hare dispersed it, more especially when they had sufficient force on the spot, if necessary, to carry their instructions into execution. " I regret to find that, in the report of the commissioner, I am charged with not using my utmost endeavours to keep the peace, inasmuch as I did not, when addressing the people at Tollymore Park, reqnest them to go home by a different road from that by which they had come. I respectfully submit that it would have been more ingenuous of the learned commissioner, bad he stated the reasons given in evidence, why I did not press this point on the people ; and had he quoted, from the evidence, the advice I did give them, part of which was, ' to take evil rather then provoke it — to let nothing induce them, on returning to their homes, to resent an intuit which they might receive.' He might alio have added, with truth, that my advice was most scrupulously attended to by the Orangmen, until they were barbarously attacked and fired at from behind walls and houses by Ribbon conspirators who had, during the day, been lying in wait for their prey, whilst on the bills great bodies of armed men were collected from distant parts of the country, to effect a murderous attack upon the Protestants of the district, bad the Ribbonmen assembled at Magherainayo succeeded in their object— which under God's blessing, the bravery of the police and the determined courage of those of the Orange party attacked, were, as appears in the evidence, the means of averting. *' I beg your Lordship's pardon, for referring to these circumstances : I have done so only with a desire to obtain a just and fair consideration of my conduct in this unhappy tramaction. I have no will to remain any longer in the commission of the peace, if my doing so were not considered, by all classes of my country, men, as beneficial to the community at large. I shall re t satisfied with the conviction that however painful to my feelings the course adopted by the Government must be, yet that in the whole of my public career in this country, I have upheld Her Majesty's authority in this part of her empire ; I have endeavoured to act justly, withoutfavour orjaffection to any particulary denomination; and, in conclusion, 1 trust your Lordship'will forgive me for sajing, that it is a great consolation still lef tme, that the, last act of my magisterial life was the conscientious refusal to take information against fortytwo loyal men charged with an act not proved to be illegal by the evidence brought before the bunch* •? I have the honour to bp, my Lord, 11 With great respect, " Your Lordship's faithful servant, "RODEN. "To the Right Hon. the Lord Chancellor."