The Constitutional History of England From 1760 to 1860

by Charles Duke Yonge

  Before that day came Lord North's government had ceased to exist, and had been replaced by Lord Rockingham's, one most influential member of which was the most distinguished of living Irishmen, Mr. Burke, who, while in opposition, had always shown himself a warm supporter of the claims of his countrymen, and was not likely to have his ardor in the cause damped by being placed in a situation where he could procure a friendly hearing to his counsels. Once more they had increased their demands, requiring, besides the removal of the purely political grievances, a surrender of the right of appeal from the Irish to the English courts of law. But their new masters were inclined to grant everything which seemed requisite to the establishment of complete equality between the two kingdoms; and though the new ministry was dissolved in a few months by the premature death of its chief, he lived long enough to carry the repeal of Poynings' Act, the retention of which was now admitted to be not only senseless but mischievous, since the existence of a body invested with nominal dignity, but practically powerless, was calculated not only to provoke discontent, but to furnish a lever for agitation.

  The repeal was, however, nothing less than the establishment of an entirely new constitution in Ireland. The Irish Parliament, the meetings of which had hitherto been a mere form and farce, was installed in a position of absolute independence, to grant money or to make laws, subject to no other condition than that their legislation should be of a character to entitle it to the royal assent, a condition to which every act of the British Parliament was likewise and equally liable. "Unhappily, as an Irish patriotic writer exclaims on this occasion, it was written in the book of fate that the felicity of Ireland should be short-lived."[129] And a similar shortness of existence was to be the lot of the separate independence of her Parliament. Even while framing instructions for the Lord-lieutenant, in his honest desire to inaugurate a system of just government for Ireland, George III. had warned him on no account to "summon a Parliament without his special command."[130] And, regarded by the light of subsequent events, it can hardly be denied that the prohibition displayed an accurate insight into the real difficulties of the country, and also into the character of the people themselves as the source of at least some of those difficulties. We ought not to judge its leaders too severely. A nation which has been long kept in bondage, and is suddenly presented with liberty, is hardly more able to bear the change than a man immured for years in a dark dungeon can at once endure the unveiled light of the sun; and independence had been granted to the Irish too suddenly for it to be probable that they would at once and in every instance exercise it wisely.

  All parties were to blame in different degrees. The first danger came from the Volunteers, who, flushed with self-importance, from the belief that it was the imposing show of their strength which had enabled the Parliament to extort Lord Rockingham's concession from the English Houses, now claimed to be masters of the Parliament itself. With the termination of the American war, and the consequent return of the English army to Europe, the reason for their existence had passed away. But they refused to be disbanded, and established a convention of armed delegates, to sit in Dublin during the session of Parliament, and to overawe the Houses into passing a series of measures which they prescribed, and which included a Parliamentary Reform Bill of a most sweeping character. On this occasion, however, the House of Commons acted with laudable firmness. Led by Mr. Fitzgibbon, a man of great powers, and above all suspicion of corruptibility, it spurned the dictation of an unauthorized body, and rejected the Reform Bill, avowedly on the ground of its being presented to it "under the mandate of a military congress;" and the Convention, finding itself powerless to enforce its mandates, dissolved.

  But the difficulties of the government were not over with the suppression of the Volunteer Convention. The Lord-lieutenant had a harder, because a more enduring, contest to encounter with the Parliament and the patrons of the boroughs. A single act of Parliament may substitute a new law for an old one; but no one resolution or bill has a magical power to extinguish long habits of jobbery and corruption. Members and patrons alike seemed to regard the late concessions as chiefly valuable on account of the increased value which it enabled them to place on their services to the government; and one cannot read without a feeling of shame that one or two of the bishops who were wont to be regarded as the proprietors of the seats for their diocesan cities, were not behind the most nameless lay boroughmongers in the resolution they evinced make a market of their support of the government. The consequence was that the government was unable to feel confident of its power to carry any measure except at a price that it was degrading to pay; while of those few members who were above all suspicion of personal corruption, many were so utterly wrong-headed, and had their minds so filled with unreasonable jealousy for what they called the honor and dignity of Ireland, and with a consequent distrust of England and of all Englishmen, that their honest folly was even a greater obstacle to wise and good government than the mean cunning of the others. There can hardly be a more striking proof of the difficulties to be overcome by a minister than is furnished by a speech made by a gentleman of the highest character, and of deservedly wide influence in the Northern counties, Mr. Brownlow, of Lurgan, one of the members for Armagh, which is quoted by Mr. Froude.[131]

  Pitt was painfully conscious of the commercial injustice with which hitherto Ireland had always been treated, and in the very first year of his administration he applied himself to the removal of the most mischievous of the grievances of which the Irish merchants complained, adopting to a great extent a scheme which had been put before him by one of the most considerable gentlemen of that body, which was based on the principle of equalization of duties in both countries. It is unnecessary here to enter into the details of the measure which he introduced into the House of Commons. He avowed it to be the commencement of a new system of government for Ireland, "a system of a participation and community of benefits, a system of equality and fairness, which, without tending to aggrandize one portion of the empire or to depress the other, should seek the aggregate interest of the whole; it was a substitute for the system which had hitherto been adopted of making the smaller country completely subordinate to and subservient to the greater, of making the smaller and poorer country a mere instrument for the advantage of the greater and wealthier one. He, therefore, proposed now to create a situation of perfect commercial equality, in which there was to be a community of benefits, and also to some extent a community of burdens." And he urged the House to "adopt that system of trade with Ireland that would tend to enrich one part of the empire without impoverishing the other, while it would give strength to both; that, like mercy, the favorite attribute of Heaven,

  "'Is twice blessed-

  It blesseth him that gives and him that takes.'"

  It might, he said, be regarded as "a treaty with Ireland by which that country would be put on a fair, equal, and impartial footing with Great Britain, in point of commerce, with respect to foreign countries and our colonies." The community of burdens which his measure would impose on Ireland was this: that whenever the gross hereditary revenue of Ireland should exceed L650,000 (an amount considerably in excess of anything it had ever yet reached), the excess should be applied to the support of the fleet of the United Kingdom. It was, in fact, a burden that could have no existence at all until the Irish trade had become far more flourishing and productive than as yet it had ever been. Yet a measure conceived in such a spirit of liberality, and framed with such careful attention to the minutest interests of Irish trade, Mr. Brownlow did not hesitate to denounce as one "tending to make Ireland a tributary nation to Great Britain. The same terms," he declared, "had been held out to America, and Ireland had equal spirit with America to reject them." He even declared that "it was happy for Mr. Orde" (the Chief Secretary, who had introduced the measure into the Irish House of Commons) "that he was in a country remarkable for humanity. Had he proposed such a measure in a Polish Diet, he would not have lived to carry back an answer to h
is master. If," he concluded, "the gifts of Britain are to be accompanied with the slavery of Ireland, I will never be a slave to pay tribute; I will hurl back her gifts with scorn." Baffled by such frantic and senseless opposition, Pitt condescended to remodel his measure. In its new form it was not so greatly for the advantage of Ireland. He had been constrained to admit some limitation of his original liberality by the opposition which, it had met with in England also where Fox, at all times an avowed enemy of freedom of trade, had made himself the mouth-piece of the London and Liverpool merchants, who could not see, without the most narrow-minded apprehension, the monopoly of the trade with India and the West Indies, which they had hitherto enjoyed, threatened by the admission of Ireland to its benefits. And now a clause in the second bill, binding the Irish Parliament to reenact the Navigation Laws existing in England, called up an opposition from Grattan[132] as furious as that with which Mr. Brownlow had denounced the original measure. To demand the enactment of the English Navigation Law, he declared, was "a revocation of the constitution;" and his rival, Flood, in his zeal to emulate his popularity with the mob, surpassing him in vehemence, inveighed against the clause, as one intended to make the Irish Parliament a mere register of the English Parliament, "which it should never become". All the arguments brought forward in favor of the measure by the supporters of the government-arguments which, probably, no one would now be found to deny to have been unanswerable-failed to make the slightest impression on a House in which the chief object of each opponent of the ministry seemed to be to outrun his fellows in violence; and eventually the measure fell to the ground, and for fifteen years more Ireland was deprived of the advantages which had been intended for her.

  And even yet the danger from the Volunteers was not wholly extinguished. Though their Convention had been suppressed, its leaders had only changed their tactics. Under the guidance of a Dublin ironmonger, named Napper Tandy, they now proposed to convene a Congress, to consist, not, as before, of delegates from the Volunteer body, but of persons who should be representatives of the entire nation; and Tandy had even the audacity to issue circulars to the sheriffs of the different counties, to require them, in their official capacity, to summon the people to return representatives to this Congress. The Sheriff of Dublin, a man of the name of O'Reilly, obeyed the requisition; but Fitzgibbon, who, luckily, was now Attorney-general, instantly prosecuted him for abuse of his office. He was convicted, fined, and imprisoned, and his punishment deterred others from following his example. And a rigorous example had become indispensable, since it was known to the government that Tandy and some of his followers were acting in connection with French emissaries, and that their object was the separation of Ireland from England, and, in the minds of some of them, certainly the annexation of the country to France; indeed, on one occasion Fitzgibbon asserted in the House of Commons that he had seen resolutions inviting the French into the country. The government would gladly have established a militia to supersede the Volunteers, but the temper of the Irish Parliament, in its newly-acquired independence, rendered any such attempt hopeless; and Mr. Grattan, with a perversity of judgment which his warmest admirers must find it difficult to reconcile with statesmanship, if not with patriotism, even opposed with extreme bitterness a bill for the establishment of a police for Dublin, though he could not deny that there existed in the city an organized body of ruffians, who made not only the streets but even the dwelling-houses of the more orderly citizens unsafe, by outrages of the worst kind, committed on the largest scale-assaults, plunderings, ravishments, and murders. In the rural districts of the South the disturbances were so criminally violent, and so incessant, that the Lord-lieutenant was compelled to request the presence of some additional regiments from England, as the sole means of preserving any kind of respect for the law; and more than once the mobs of rioters showed themselves so bold and formidable, that the soldiers were compelled to fire in self-defence, and order was not restored but at the cost of many lives.

  Presently a Conspiracy Bill was passed, and gradually the firmness of the government re-established a certain amount of internal tranquillity. But shortly afterward a crisis arose which, more than the debates on the commercial propositions, or on the Volunteers, or on the police, showed how over-liberal had been the confidence of the English minister who had repealed Poynings' Act, and had bestowed independent authority on the Irish Parliament before the members had learned how to use it. We have seen how keen a contest was excited in the English Parliament by the deranged condition of the King's health in 1788, and the necessity which consequently arose for the appointment of a Regency. Grattan was in London at the time, where he had contracted a personal intimacy with Fox, and had been presented by him to the Prince of Wales, whose graciousness of manner, and profession of adherence to the Whig system of politics, secured his attachment to that party. Grattan was easily indoctrinated by Fox with his theory of the indefeasible claim of the Prince to the Regency as his birthright, and is understood to have promised that the Irish Parliament should adopt that view. The case was one which seemed unprovided for. There was no question but that the law enacted that the sovereign of England should also be the sovereign of Ireland. But no express law of either country contained any such stipulation respecting a Regent; and Grattan conceived that, in the absence of any pre-existing ordinance, it would be easy to contend that the Irish Parliament was the sole judge who the Regent should be, and on what terms he should exercise the royal authority.

  The Irish Parliament had been prorogued in 1787 to the 5th of February, 1789, the same day on which, after numerous examinations of the physicians in attendance on the royal patient, and after the passing of a series of resolutions enunciating the principles on which the government was proceeding, Pitt introduced the Regency Bill into the English House of Commons, being prepared to conduct it through both Houses with all the despatch that might be consistent with a due observance of all the forms of deliberation. Grattan's object was to anticipate the decision of the English Parliament, so as to avoid every appearance that the Irish Parliament was only following it; and he therefore proposed that the House of Commons should instantly vote an address to the Prince, requesting him to take upon himself the Regency of the kingdom of Ireland, by his own natural right as the heir of the crown; making sure not only that his advice would be taken by those whom he was addressing, but that the House of Lords would not venture to dissent from it.

  Fitzgibbon, as Attorney-general and spokesman of the government in the Commons, as a matter of course opposed such precipitate action, not only warning his hearers of the folly and danger of taking a step "which might dissolve the single tie which now connected Ireland with Great Britain," but explaining also the whole principle of the constitution of the two kingdoms, so far as it was a joint constitution, in terms which give his speech a permanent value as a summary of its principle and its character. He recalled to the recollection of the House the act of William and Mary, which declares "the kingdom of Ireland to be annexed to the imperial crown of England, and the sovereign of England to be by undoubted right sovereign of Ireland also;" and argued from this that Mr. Grattan's proposal was contrary to the laws of the realm and criminal in the extreme. "The crown of Ireland," as he told his hearers, "and the crown of England are inseparably united, and the Irish Parliament is totally independent of the British Parliament. The first of these positions is your security, the second your freedom, and any other language tends to the separation of the crowns or the subjection of your Parliament. The only security of your liberty is the connection with Great Britain; and gentlemen who risk breaking the connection must make up their minds to a union. God forbid I should ever see that day; but, if the day comes on which a separation shall be attempted, I shall not hesitate to embrace a union rather than a separation."

  He proceeded to show that, as the Irish Parliament had itself enacted that all bills which passed their two Houses should require the sanction of the Great Seal of England, they actually had
no legal power to confer on the Prince of Wales such authority as Grattan advised his being invested with, whatever might be the form of words in which their resolution was couched. He pointed out, also, that if the Irish Parliament should insist on appointing the Prince of Wales Regent before it was known whether he would accept the Regency of England, it was manifestly not impossible "that they might be appointing a Regent for Ireland being a different person from the Regent of England; and in that case the moment a Regent was appointed in Great Britain, he might send a commission under the Great Seal appointing a Lord-lieutenant of Ireland, and to that commission the Regent of Ireland would be bound to pay obedience. Another objection of great force to his mind was, that the course recommended by Grattan would be a formal appeal from the Parliament of England to that of Ireland. It would sow the seeds of dissension between the Parliaments of the two countries. And, indeed, those who were professing themselves advocates for the independence of the Irish crown were advocates for its separation from England."

  But the House was too entirely under the influence of Grattan's impassioned eloquence for Fitzgibbon's more sober arguments to be listened to. The address proposed by Grattan was carried by acclamation; and the peers were scarcely less unanimous in its favor, one of the archbishops even dilating on "the duty of availing themselves of the opportunity of asserting the total independence of Ireland." Even when, on a second discussion as to the mode in which the address was to be presented to the Prince, Fitzgibbon reported that he had consulted the Chancellor and all the judges, and that they were unanimously of opinion that, till the Regency Bill should be passed in England, the address was not only improper but treasonable, he found his warning equally disregarded. And when the Lord-lieutenant refused to transmit the address to England, on the avowed ground of its illegality, Grattan proposed and carried three resolutions: the first, that the address was not illegal, but that, in addressing the Prince to take on himself the Regency, the Parliament of Ireland had exercised an undoubted right; the second, that the Lord-lieutenant's refusal to transmit the address to his Royal Highness was ill-advised and unconstitutional; the third, that a deputation from the two Houses should go to London, to present the address to the Prince. Mr. Fronde affirms that the deputation, even when preparing to sail for England, was very irresolute and undecided whether to present the address or not, from a reasonable fear of incurring the penalties of treason, to which the lawyers pronounced those who should present it liable. But their courage was not put to the test. As has been already seen, before the end of the month the King's recovery was announced, and the question of a Regency did not occur again till the Irish Parliament had been united to the English.