It is remarkable that the transaction which, as has been said before, may be conceived to have first forced on Pitt's mind the conviction of the absolute necessity of the Union-namely, the course pursued by the Irish Parliament on the Regency Bill-bore a close resemblance to that which, above all other considerations, had made the Scotch Union indispensable, namely, the Act of Security passed by the Scottish Estates in 1703, which actually provided that, on the decease of Queen Anne without issue, the Estates "should name her successor, but should be debarred from choosing the admitted successor to the crown of England, unless such forms of government were settled as should fully secure the religion, freedom, and trade of the Scottish nation."[140] The Scotch Estates, therefore, had absolutely regarded the possible separation of the two kingdoms as a contingency which might become not undesirable; and, though it was too ticklish an argument to bring forward, it may very possibly have occurred to Pitt that a similar vote of the Irish Parliament was not impossible. The claim which Grattan, following Fox, had set up on behalf of the Prince of Wales, was one of an indefeasible right to the Regency; and, as far as right by inheritance went, his claim to the crown, if, or whenever, a vacancy should occur, was far less disputable. But, as has been mentioned in the last chapter, a question had already been raised whether his Royal Highness had not forfeited his right to the succession, and it was quite possible that that question might be renewed. The fact of the Prince's marriage to a Roman Catholic was by this time generally accepted as certain; the birth of the Princess Charlotte gave greater importance to the circumstance than it seemed to have while the Prince remained childless; and, if the performance of the marriage ceremony should be legally proved, and the English law courts should pronounce that the legal invalidity of the marriage did not protect the Prince from the penalty of forfeiture, it was highly probable that the Irish Parliament would take a different view-would refuse, in spite of the Bill of Rights, to regard marriage with a Roman Catholic as a disqualification, but would recognize the Prince of Wales as King of Ireland.
Several minor considerations, such as the desirableness of uniformity in the proceedings of the two countries with respect to Money Bills, the Mutiny Act, and other arrangements of parliamentary detail, all pointed the same way; and, on the whole, it may be said that scarcely any of the opponents of the government measure were found to deny its expediency, especially as regarded the interests of Great Britain. The objections which were made were urged on different grounds. In the Irish House of Commons, a member who, though a young man, had already established a very high reputation for professional skill as a barrister, for eloquence equally suited to the Bar and to the Senate, and for sincere and incorruptible patriotism, Mr. Plunkett, took upon himself to deny the competency of the Irish Parliament to pass a bill not only to extinguish its own existence, but to prevent the birth of any future Parliament, and to declare that the act, if it "should be passed," would be a mere nullity, and that no man in "Ireland would be bound to obey it." And, in the English House of Commons, Mr. Grey may be thought to have adopted something of the same view, when he proposed an amendment "to suspend all proceedings on the subject till the sentiments of the people of Ireland respecting that measure could be ascertained." He did not, of course, deny (he was speaking on the 21st of April, 1800) that the bill had been passed by both Houses of the Irish Parliament by considerable majorities.[141] But he contended that that Parliament did not speak the sentiments of the people; and, that being the case, that its voice was of no authority. It is evident that all arguments founded on a denial of the omnipotence of a Parliament, whether English or Irish, are invalid. The question of that omnipotence, as has been seen in a former chapter, had been fully discussed when Mr. Pitt's father denied the power of Parliament to tax the American Colonies; and that question may fairly be regarded as having been settled at that time. It is equally clear that the denial that, on any question whatever, the House of Commons must be taken to speak the sentiments of the constituencies, whether the proposal of such question had been contemplated at the time of their election or not, is the advancement of a doctrine wholly inconsistent with our parliamentary constitution, and one which would practically be the parent of endless agitation and mischief. To expect that the members could pronounce on no new question without a fresh reference to their constituents, would be to reduce them from the position of representatives to that of delegates; such as that of the members of the old States-general, in France, whose early decay is attributed by the ablest political writers in no small degree to the dependence of the members on their constituents for precise instructions. Another argument on which Mr. Grey insisted with great earnestness is worth preserving, though subsequent inventions have destroyed its force; he contended that the example of the Scotch Union did not, when properly considered, afford any argument in favor of an Irish Union, from the difference of situation of the two countries. Scotland was a part of the same island as England; "there was no physical impediment to rapid and constant communication; the relative situation of the two countries was such that the King himself could administer the executive government in both, and there was no occasion for a separate establishment being kept up in each." But the sea lay between England and Ireland, and the delays and sometimes difficulties which were thus interposed rendered it "necessary that Ireland should have a separate government;" and he affirmed that "this was an insuperable bar to a beneficial Union," quoting a saying of Lord Somers, that "if it were necessary to preserve a separate executive government at Edinburgh after the Union, he would abandon the measure." Mr. Grey even denied that the prosperity of Scotland since the Union was mainly attributable to that measure. "It was not the Union; it was the adoption of a liberal policy, the application of a proper remedy to the particular evils under which the country labored, that removed the causes which had impeded the prosperity of Scotland." But this argument was clearly open to the reply that the adoption of that liberal policy had been a direct effect of the Union, and would have been impracticable without it, and was, therefore, a strong inducement to the adoption of a similar Union with Ireland, where the existing evils were at least as great as those which, a century before, had kept down Scotland. Another of his arguments has been remarkably falsified by the event. With a boldness in putting forward what was manifestly, indeed avowedly, a party objection, and which, as such, must be looked upon as somewhat singular, he found a reason for resisting the addition of a hundred Irish members to the British House of Commons in the probability that they would, as a general rule, be subservient to the minister. He instanced "the uniform support which the members for Scotland had given to every act of ministers," and saw in that example "reason to apprehend that the Irish members would become a no less regular band of ministerial adherents." It would be superfluous to point out how entirely contrary the result has been to the prediction.
It is, however, beside the purpose of this work to dwell on the arguments by which the minister supported his proposal, or on those with which the Opposition resisted it, whether apparently founded on practical considerations, such as those brought forward by Mr. Grey, or those of a more sentimental character, which rested on the loss of national "dignity and honor," which, it was assumed, would be the consequence of the measure. It seems desirable rather to explain the principal conditions on which the Union was to be effected, as Pitt explained it to the House of Commons in April, 1800. In the preceding year he had confined himself to moving a series of resolutions in favor of the principle, which, though they were adopted by both Houses in England, he did not at that time endeavor to carry farther, since in the Irish House of Commons the utmost exertions of the government could only prevail by a single vote;[142] and he naturally thought such a majority far too slender to justify his relying on it so far as to proceed farther with a measure of such vast importance. But, during the recess, he had introduced some modifications into his original draft of the measure, which, though slight, were sufficient to conciliate much additional s
upport; and the consequence was, that in February of this year both the Irish Houses accepted it by sufficient majorities;[143] and, therefore, he now felt able to lay the details of the measure before the English Parliament. To take them in the order in which he enumerated them, that which had appeared to the Irish Parliament "the first and most important, was the share which the Irish constituencies ought to have in the representation of the House of Commons." On this point, "the Parliament of Ireland was of opinion that the number of representatives for Ireland ought to be one hundred." And he was not disposed to differ from the conclusion to which it had come. He regarded it, indeed, as "a matter of but small importance whether the number of representatives from one part of the united empire were greater or less. If they were enough to make known the local wants, to state the interests and convey the sentiments of the part of the empire they represented, it would produce that degree of general security which would be wanting in any vain attempt to obtain that degree of theoretical perfection about which in modern times they had heard so much." He approved of "the principle which had been laid down upon this part of the subject in the Parliament of Ireland-a reference to the supposed population of the two countries, and to the proposed rate of contribution. The proportion of contribution proposed to be established was seven and a half for Great Britain, and one for Ireland; while in the proportion of population Great Britain was to Ireland as two and a half or three to one;[144] so that the result, on a combination of these two calculations, would be something more than five to one in favor of Great Britain, which was about the proportion which it was proposed to establish between the representation of the two countries." The principle of selection of the constituencies which had been adopted he likewise considered most "equitable and satisfactory for Ireland. The plan proposed was, that the members of the counties and the principal commercial cities should remain entire.... The remaining members were to be selected from those places which were the most considerable in point of population and wealth.... This was the only plan which could be adopted without trenching on the constitution; it introduced no theoretical reforms in the constitution or in the representation of this country; it made no distinction between different parliamentary rights, nor any alteration, even the slightest, in the internal forms of Parliament."
Another consideration which he had kept in mind in framing this measure was this: "By the laws of England care had been taken to prevent the influence of the crown from becoming too great by too many offices being held by members of Parliament." And Pitt had no doubt that there would be a general feeling "that some provision ought to be made on this subject" in the arrangements for the new Parliament. At present, among the representatives of the counties and great commercial towns, whose seats were to be preserved in the new united Parliament, there were not above five or six who held offices; and, though it was impossible to estimate the possible number of place-holders with precision, he thought what would he most fair for him to propose would be, that "no more than twenty of the Irish members should hold places, and that if it should happen that a greater number did hold places during pleasure, then those who had last accepted them should vacate their seats."
In the House of Peers he proposed that twenty-eight lords temporal of Ireland should have seats in the united Parliament, who should be elected for life by the Peers of Ireland-an arrangement which differed from that which, at the beginning of the century, had been adopted for the representative Peers of Scotland; but he argued, and surely with great reason, that "the choice of Peers to represent the Irish nobility for life was a mode that was more congenial to the general spirit and system of a Peerage than that of their being septennially elected, as the nobility of Scotland were." Of the spiritual Peers, four were to sit in rotation; to the lay Peers a farther privilege was given, which the minister regarded as of considerable, and even constitutional importance. By the articles of the Scotch Union, a Peer, if not chosen as a representative of the Peerage, was not eligible as a candidate for the House of Commons in either England or Scotland. But this bill "reserved a right to the Peers of Ireland who should not be elected to represent their own Peerage, to be elected members of the House of Commons of the united Parliament of Great Britain;" and Pitt urged that this was "a far better mode of treatment than had been adopted for the nobility of Scotland; so that a nobleman of Ireland, if not representing his own order, might be chosen as a legislator by a class of inferior rank, which he was so far from regarding as improper, that he deemed it in a high degree advantageous to the empire, analogous to the practice as well as friendly to the spirit of the British constitution." And he enforced his argument by pointing out with honest pride the advantage which in that respect the spirit and practice of our constitution gave to our nobility over the nobles of other countries. "We know full well," he continued, "the advantage we have experienced from having in this House those who, in the course of descent, as well as in hopes of merit, have had a prospect of sitting in our House of Peers. Those, therefore, who object to this part of the arrangement" (for, as he had previously mentioned, it had been made a subject not only of objection, but of ridicule) "can only do so from the want of due attention to the true character of our constitution, one of the great leading advantages of which is, that a person may for a long time be a member of one branch of the Legislature, and have it in view to become a member of another branch of it. This it is which constitutes the leading difference between the nobility of Great Britain and those of other countries. With us they are permitted to have legislative power before they arrive at their higher stations; and as they are, like all the rest of mankind, to be improved by experience in the science of legislation as well as in every other science, our constitution affords them that opportunity by their being eligible to seats in this House from the time of their majority. This is one of those circumstances which arise frequently in practice, but the advantages of which do not appear in theory till chance happens to cast them before us, and makes them subjects of discussion. These are the shades of the British constitution in which its latent beauties consist;" and he affirmed his conviction that this privilege would prove "an advantage to the nobility of Ireland, and an improvement in the system of representation in the House."
It will hardly be denied that the arrangement that the representative Peers of Ireland should enjoy their seats for life did make it desirable that those who were not so elected to the Upper House should be eligible as candidates for a place in the Lower House. Otherwise, those who were not chosen as representatives of the peerage would have been placed in the anomalous and unfair position of being the only persons in the kingdom possessed of the requisite property qualification, and not disqualified by sex or profession, who were absolutely excluded from the opportunity of distinguishing themselves and serving their country in Parliament. How great the practical benefit to the House of Commons and the country the clause he was recommending was calculated to confer, was shown in a remarkable manner the very year of his death, when an Irish Peer was returned to the House of Commons, who, retaining his seat for nearly sixty years as the representative of different constituencies, the University of Cambridge being among the number, during the course of that period rose through a variety of offices to that of Prime-minister, and, as is admitted even by those who dissented most widely from some of his opinions and actions, earned for himself an honorable reputation, as one who had rendered faithful services to the crown, and on more than one occasion had conferred substantial benefits on the country.
The Constitutional History of England From 1760 to 1860 Page 22