The Constitutional History of England From 1760 to 1860

by Charles Duke Yonge

  The arrangements proposed with respect to the Peers were not opposed. But Mr. Grey-generally acting as the spokesman of the Opposition on this question-raised an objection to making so large an addition as that of one hundred new members to the British House of Commons. He repeated his prophecy, made on a previous occasion, of the subserviency to the minister which the Irish members might be expected to exhibit, and therefore moved an amendment to reduce the number of Irish representatives to eighty-five; but, to obviate the discontent which such a reduction might be expected to excite in Ireland, he proposed to diminish the number of English members also, by disfranchising forty "of the most decayed boroughs," a step which would leave the number of members in the new united Parliament as nearly as possible the same as it was before. He found, however, very few to agree with him; his amendment was rejected by 176 to 34; and the minister's proposal was adopted in all its details.

  Mr. Pitt touched lightly on the next article, which limited the royal prerogative of creating Peers by a provision that the King should never confer any fresh Irish peerage till three peerages should have become extinct. This, again, was a point of difference between the conditions of the Scotch and Irish Unions; since by the terms of the Scotch Union the King was forever debarred from creating any new Scotch peerages. But it was pointed out that the greater antiquity of the Scotch peerages, and the circumstance that in Scotland the titles descended to collateral branches, were calculated to make the extinction of a Scotch peerage an event of very rare occurrence; while the comparative newness (with very few exceptions) of Irish peerages, and the rule by which they are "confined to immediate male descendants," rendered the entire extinction of the Irish peerage probable, "if the power of adding to or making up the number were not given to the crown."

  Recent legislation has given such importance to the next resolution, that it will be well to quote his precise words:

  "5. That it would be fit to propose, as the fifth article of union, that the Churches of that part of Great Britain called England and of Ireland shall be united into one Church; and that when his Majesty shall summon a Convocation, the archbishops, bishops, and clergy of the several provinces in Ireland shall be respectively summoned to and sit in the Convocation of the united Church, in the like manner and subject to the same regulations as to election and qualification as are at present by law established with respect to the like orders of the Church of England; and that the doctrine, worship, discipline, and government of the said united Church shall be preserved as now by law established for the Church of England, saving to the Church of Ireland all the rights, privileges, and jurisdictions now thereunto belonging; and that the doctrine, worship, discipline, and government of the Church of Scotland shall likewise be preserved as now by law, and by the Act of Union established for the Church of Scotland; and that the continuance and preservation forever of the said united Church, as the Established Church, of that part of the said United Kingdom called England and Ireland, shall be deemed and taken to be an essential and fundamental article and condition of the Union."

  Pitt's comment on this article was so brief as to show that he regarded its justice as well as its importance too obvious to need any elaborate justification. He pointed out that that portion of it which related to Convocation had been added by the Irish Parliament, and "would only say on so interesting a subject that the prosperity of the Irish Church could never be permanent, unless it were a part of the Union, to leave as a guard a power to the United Parliament to make some provision in this respect as a fence beyond any act of their own that could at present be agreed on." But, while he thus showed his conviction that the permanent prosperity of the Irish Church was essential to the welfare of the kingdom, he was by no means insensible to the claims of the Roman Catholic Church (as founded not more in policy than in justice) to be placed in some degree on a footing of equality with it; not only by a recognition of the dignity of its ministers, but also by an endowment which should be proportioned to their requirements, and should place them in a position of worldly competence and comfort for which hitherto they had been dependent on their flocks.[145] To use the expression of a modern statesman, he contemplated "levelling up," not "levelling down." Perhaps it may be said that he contemplated levelling up, as the surest and most permanent obstacle to any proposal of levelling down.

  At the same time it is fair to remark, that the argument which on a recent occasion was so strongly pressed by the champions of the Church, that it was beyond the power of Parliament to repeal what was here declared to be "an essential and fundamental article and condition of the Union," is untenable, on every consideration of the power of Parliament, and, indeed, of common-sense; since it would be an intolerable evil, and one productive of the worst consequences, if the doctrine were admitted that any Parliament could make an unchangeable law and bind its successors forever; and, moreover, since the very words of this article do clearly imply the power of Parliament over the Church, the power asserted, to "make some provision for the permanence of its prosperity," clearly involving a power to make provisions of an opposite character. The expediency or impolicy, the propriety or unrighteousness, of a measure must always depend on the merits of the question itself at the time, and not on the judgment or intentions of legislators of an earlier generation. And advocates weaken instead of strengthening their case when they put forward arguments which, however plausible or acceptable to their own partisans, are, nevertheless, capable of refutation.

  The next article related to a question of paramount practical importance, and of special interest, since, as has been seen before, there was no subject on which the past legislation of the English Parliament had been so discreditable. But the jealousy of English manufacturers, though it had prevailed over the indifference of William III., who reserved all his solicitude for matters of foreign diplomacy, could find no echo in the large mind and sound commercial and financial knowledge of the modern statesman. He laid it down as the principle of his legislation on this subject-a principle which "he was sure that every gentleman in the House was ready to admit-that the consequence of the Union ought to be a perfect freedom of trade, whether of produce or manufacture, without exception, if possible; that a deviation from that principle ought to be made only when adhering to it might possibly shake some large capital, or materially diminish the effect of the labor of the inhabitants, or suddenly and violently shock the received opinion or popular prejudices of a large portion of the people; but that, on the whole, the communication between the two kingdoms should in spirit be free; that no jealousy should be attempted to be created between the manufacturers of one place or the other upon the subject of 'raw materials' or any other article; for it would surely be considered very narrow policy, and as such would be treated with derision, were an attempt made to create a jealousy between Devonshire and Cornwall, between Lancashire and Durham.... He said, then, that the principle of the Union on this head should be liberal and free, and that no departure from it should ever take place but upon some point of present unavoidable necessity." He was even able to add (and he must have felt peculiar satisfaction in making the statement, since the change in the feelings of the English manufacturers on the subject must have been mainly the fruit of his own teaching, and was a practical recognition of the benefits which they had derived from his commercial policy taken as a whole), that "the English manufacturers did not wish for any protective duties; all they desired was free intercourse with all the world; and, though the want of protective duties might occasion them partial loss, they thought it amply compensated by the general advantage." He even thought the arrangements now to be made "would encourage the growth of wool in Ireland, and that England would be able to draw supplies of it from thence; and he did not fear that there would be trade enough for both countries in the markets of the world, and in the market which each country would afford to the other." The English manufacturers did not, however, acquiesce very cheerfully in every part of his commercial arrangements. On the co
ntrary, against the clause which repealed all prohibitions of or bounties on exportation of different articles grown or manufactured in either country, they petitioned, and even set up a claim, which was granted, to be heard by counsel and to produce witnesses. But Pitt steadily refused the least modification of this part of his measure, not merely on account of its intrinsic reasonableness and justice, but because there was scarcely any condition to which the Irish themselves attached greater importance.

  An equally important and more difficult matter to adjust to the satisfaction of both Parliaments was the apportionment of the financial burdens between the two nations. It would be tiresome as well as superfluous to enter into minute details; the more so as the arrangement proposed was of a temporary character. After a long and minute discussion, Pitt's appraisement was admitted to come as near to strict fairness and equity as any that could be made; the separate discharge of its public debt already incurred was left to each kingdom; and it was farther settled that for twenty years fifteen parts of the expense of the nation out of seventeen should be borne by Great Britain and two by Ireland.

  Other articles provided that the laws and courts of both kingdoms, civil and ecclesiastical, should remain in their existing condition, subject, of course, to such alterations as the united Legislature might hereafter deem desirable.

  The resolutions, when adopted-as they speedily were-were embodied in a bill, which passed through the last stage by receiving the royal assent at the beginning of July. The state of public feeling in Ireland was not yet sufficiently calmed down after the Rebellion for it to be prudent to venture on a general election, and it was, consequently, ordained that the members for the Irish counties and for those Irish boroughs which had been selected for the retention of representation should take their seats in the united Parliament on its next meeting. On the 22d of January, 1801, the united, or, to give it its more proper designation, the Imperial Parliament held its first meeting, being, although in its sixth session, so far regarded as a new Parliament, that the King directed a fresh election of a Speaker.

  The Union, as thus effected, was so far a vital change in the constitution of both Great Britain and Ireland, that it greatly altered the situation in which each kingdom had previously stood to the other. Till 1782 the position of Ireland toward England had been one of entire political subordination; and, though that had in appearance been modified by the repeal of Poynings' Act, yet no one doubted or could doubt that, whenever the resolutions of the two Parliaments came into conflict, the Irish Parliament would find submission unavoidable. But by the Union that subordination was terminated forever. The character of the Union-of the conditions, that is, on which the two countries were united-was one of perfect and complete equality on all important points, indeed, in all matters whatever, except one or two of minor consequence, where some irremovable difference between them compelled some trifling variations. It was not a connection of domination on the one side and subordination on the other, where every concomitant circumstance might tempt the one to overbearing arrogance, while the other could not escape a feeling of humiliation. It was rather-to quote the eloquent peroration of Pitt, when, in the preceding year, he first introduced the subject to the consideration of the House of Commons-"a free and voluntary association of two great countries, joining for their common benefit in one empire, where each retained its proportionate weight and importance, under the security of equal laws, reciprocal affection, and inseparable interests; and which wanted nothing but that indissoluble connection to render both invincible."

  On that occasion Pitt had argued, from the great subsequent increase in the population and wealth of Edinburgh and Glasgow, and in the prosperity of the whole country of Scotland, that a similar result might be looked for in Ireland. And the general trade of Ireland, and especially the linen manufacture, within a very few years began to realize his prediction. So that it is strange to find Fox, on the great minister's death, five years afterward, reiterating his disapproval of the Union as a plea for refusing him the appellation of a great statesman.[146] In one point alone the intrigues of a colleague prevented Pitt from carrying out to the full his liberal and enlightened views, and compelled him to leave the Union incomplete in a matter of such pre-eminent importance, that it may be said that all the subsequent disquietudes which have prevented Ireland from reaping the full benefit he desired from the Union are traceable to his disappointment on that subject.[147] We have seen that he contemplated, as a natural and necessary consequence or even part of the Union, an extensive reform of the laws affecting the Roman Catholics. Indeed, the understanding that he was prepared to introduce a measure with that object had no small weight in conciliating in some quarters support to the Act of Union. Accordingly, when describing the arrangements which he had in view for the Church of Ireland, he indicated his intention with sufficient plainness by the statement, that "it might be proper to leave to Parliament an opportunity of considering what might be fit to be done for his Majesty's Catholic subjects;" words which were generally understood to express his feeling, that both justice and policy required the removal of the restrictions which debarred the Roman Catholics from the complete enjoyment of political privileges. But the history and different bearings of that question it will be more convenient to discuss in a subsequent chapter, when we shall have arrived at the time when it was partially dealt with by the ministry of the Duke of Wellington.

  Notes:

  [Footnote 125: Mr. Froude says four great families-the Fitzgeralds of Kildare, the Boyles, the Ponsonbys, and the Beresfords-returned a majority of the House of Commons ("English in Ireland," ii., 5); and besides those peers, the arrangement for the Union proved that the influence of the Loftuses and the Hills fell little short of them.]

  [Footnote 126: Such a system actually had existed in France, where articles of ordinary trade could not be transported from one province to another without payment of a heavy duty; but Colbert had abolished that system in France above one hundred years before the time of which we are speaking.]

  [Footnote 127: "History of England," vol. v., c. xxiii., p. 57.]

  [Footnote 128: "The English in Ireland," ii., 39.]

  [Footnote 129: Fronde's "English in Ireland," ii., 345. He does not name the author whom he quotes.]

  [Footnote 130: Ibid., ii, 42.]

  [Footnote 131: See p. 164.]

  [Footnote 132: Mr. Froude imputes to Grattan a singularly base object. "Far from Grattan was a desire to heal the real sores of the country for which he was so zealous. These wild, disordered elements suited better for the campaign in which he engaged of renovating an Irish nationality."-English in Ireland, ii., 448. But, however on many points we may see reason to agree with Mr. Froude's estimate of the superior wisdom of Fitzgibbon, we conceive that this opinion is quite consistent with our acquittal of the other of the meanness of deliberately aiming at a continuance of evils, in order to find in them food for a continuance of agitation.]

  [Footnote 133: Froude, "English in Ireland," i., 304.]

  [Footnote 134: See especially a letter of Mr. Windham's. quoted by Lord Stanhope ("Life of Pitt," ii., 288).]

  [Footnote 135: Mr. Archdall, in his place in Parliament, denounced the term as utterly inapplicable. "Emancipation meant that a slave was set free. The Catholics were not slaves. Nothing more absurd had ever been said since language was first abused for the delusion of mankind."]

  [Footnote 136: The first beginning of the insurrection was at Prosperous, County Kildare, May 24. General Lake dealt it the final blow on Vinegar Hill, June 21.]

  [Footnote 137: Mr. Sheridan, Mr. Tierney, and Lord William Russell led the denunciations of the government in the English House of Commons. A protest against Pitt's refusal to dismiss the Lord-lieutenant, Lord Camden, the Chancellor Fitzgibbon, and the Commander-in-chief, Lord Carhampton, was signed by the Dukes of Norfolk, Devonshire, and Leinster; Lords Fitzwilliam, Moira, and Ponsonby, "two of them Irish absentees, who were discharging thus their duties to the poo
r country which supported their idle magnificence."-The English in Ireland, iii., 454.]

  [Footnote 138: "Constitutional History," iii., 451 seq.]

  [Footnote 139: Massey's "History of England," iv., 397 (quoting the Cornwallis correspondence).]

  [Footnote 140: Lord Stanhope's "Reign of Queen Anne," p. 89.]

  [Footnote 141: In the House of Commons by 158 to 115; in the House of Lords, February 10, by 75 to 26.]

  [Footnote 142: An amendment pledging the House to maintain "an independent Legislature, as established in 1782," was only defeated by 106 to 105.]

  [Footnote 143: In the House of Commons the majority was 158 to 115; in the House of Lords, 75 to 26.]

  [Footnote 144: This estimate, which was but a guess, proved very inaccurate. The first census for the United Kingdom, which was taken the next year (1801), showed that Ireland was considerably more populous than its own representatives had imagined. The numbers returned (as given by Alison, "History of Europe," ii., 335, c. ix., sec. 8) were:

  England..................................... 8,382,484

  Wales....................................... 547,346

  Scotland.................................... 1,599,068

  Army, Navy, etc............................. 470,586

  -----

  Total...................................10,999,434

  Ireland..................................... 5,396,436

  So that the proportion of population in Great Britain, as compared with that of Ireland, only exceeded two to one by an insignificant fraction.]