of Ireland is a distinct kingdom, with a made an alliance with France, whose great Parliament of her own-the sole legisla- Revolution was now rapidly approaching; ture thereof. That there is no body of so there would have been happily an end men competent to make laws to bind this to the British empire. Unfortunately the nation except the King, Lords, and Com-statesmen of that country were as wise mons, of Ireland; nor any other Parlia-as they were treacherous. On the ment which hath any authority or power 17th of May, simultaneously in the two of any sort whatsoever in this country Houses at Westminster, Lord Shelburne save only the Parliament of Ireland. To in the Lords and Mr. Fox in the Comassure his majesty, that we humbly con- mons, having read the addresses of the ceive that in this right the very essence of Irish Parliament, moved-" That it was our liberties exists; a right which we, on the opinion of that House that the act of the part of all the people of Ireland, do the 6th Geo. I., entitled An Act for the claim as their birthright, and which we better securing the dependency of Ireland cannot yield but with our lives. upon the Crown of Great Britain, ought to be repealed."

To assure his majesty, that we have seen with concern certain claims advanced by the Parliament of Great Britain, in an act entitled An act for the better securing the dependency of Ireland:' an act containing matter entirely irreconcilable to the fundamental rights of this nation. That we conceive this act, and the claims it advances, to be the great and principal cause of the discontents and jealousies in this kingdom.

To assure his majesty, that his majesty's Commons of Ireland do most sincerely wish that all bills which become law in Ireland should receive the approbation of his majesty under the seal of Great Britain; but that yet we do consider the practice of suppressing our bills in the council of Ireland, or altering the same anywhere, to be another just cause of discontent and jealousy.

"To assure his majesty that an act, entitled An Act for the better accommodation of his majesty's forces,' being unlimited in duration, and defective in other instances, but passed in that shape from the particular circumstances of the times, is another just cause of discontent and jealousy in this kingdom.

That we have submitted these, the principle causes of the present discontent and jealousy of Ireland, and remain in humble expectation of redress."

On the the 27th of May, the Duke of Portland officially communicated to the Irish Parliament this great and memorable concession, which he said came from “the magnanimity of the king and the wisdom of the Parliament;" closing his message with these words:-"On my own part I entertain not the least doubt but that the same spirit which urged you to share the freedom of Great Britain will confirm you in your determination to share her fate also, standing or falling with the British nation." This is the kind of cant which has ruined Ireland: yet the plain and eternal truth-that while the British nation stands, Ireland must fall, and vice versa, was even then well understood by Irish patriots, and often avowed by Grattan himself. "Ireland," said he, “Ireland is in strength; she has acquired that strength by the weakness of Britain, for Ireland was saved when America was lost: when England conquered, Ireland was coerced; when she was defeated, Ireland was relieved; and when Charleston was taken, the mutiny and sugar bills were altered. Have you not all of you, when you heard of a defeat, at the same instant condoled with England, and congratulated Ireland."

66

Poynings' Law" was still on the statute book; and the work of enfranThe address was carried unanimously chisement was not complete until it was in both Houses; and Parliament took a repealed: as it was an Irish statute, it was short recess, to allow time for the matter the Irish Parliament which had to repealit; to be dealt with in England. Nobody and this was immediately done on motion either in Ireland or England doubted of Mr. Yelverton. Grattan introduced a the issue. It was quite certain that the declaration of the Irish Parliament was all-sufficient to establish the liberty of the country.

One may now be allowed to regret that Lord North's administration was no longer in power. In that case England would have refused concession; would have attempted to enforce her pretensions in Ireland: war would have been the inevitable result; Ireland would have necessarily

K

bill "to punish mutiny and desertion,” which repealed the perpetual mutiny act, and restored to Parliament a due control over the army; also another bill to reverse erroneous judgments and decrees, a measure which was supposed at the time to have settled the question of the final judicature of Ireland, and to have taken from the English Lords and King's Bench their usurped appellate jurisdiction. At the same time that the legislature

6

was thus taking securities and guarantees "It is difficult." says Mr. MacNevin, (as it thought) for permanent independ-" to have much sympathy for the extraence, it was not forgetful of the honour-vagant amount of gratitude awarded to able debt due to the man who, above all the British Parliament by the leading others, had conduced to restore the dignity men of the day in Ireland. They treated and independence of Ireland. Fifty thou- the rights of Ireland as though their sand pounds were voted to Henry Grattan, establishment was not the work of Irishhis friends having declined for him the men, but the free gift of English magnalarger tribute of £100,000 as at first pro- nimity. And the address moved by posed, and having also refused an insidious Grattan did protest too much.'" Nooffer of the Phoenix Park and Viceregal thing can be imagined more artlessly Lodge, which had been made by Mr. innocent than this address moved by Mr. Conolly on the part of the Government. Grattan in reply to the viceroy's official Ireland was now, at least formally and announcement to Parliament of the repeal technically, an independent nation. of the declaratory act. It assures his majesty "that no constitutional question between the two countries will any longer exist which can interrupt their harmony, and that Great Britain as she has approved our firmness so she may rely on our affection." It further assures his majesty that we learn with singular satisfaction the account of his successesin the East and West Indies," etc. :which was doubtlessly extremely polite, but essentially false and foolish, because the mover of the address, and every one who voted for it, knew well that successes of England anywhere in the world were disasters to Ireland.

CHAPTER XXI.

1783-1784.

Effects of Independence.-Settlement not final. English plots for the Union.-Corruption of Irish Parliament.-Eninity of Flood and Grattan.Question between them.-Renunciation Act.Second Dungannon Convention.-Convention of Delegates in Dublin.-Catholics excluded from all Civil Rights.-Lord Kenmare.-Lord Kenmare disavowed.-Lord Temple.-Knights of St. Patrick.-Portland viceroy-Judication Bill.-Habeas Corpus-Bank of Ireland.-Repeal of Test

Act.-Proceedings of Convention.-Flood's Reform Bill-Rejected.-Convention dissolved.— End of the Volunteers.-Militia.

Ir would be extremely pleasing to have now to record, that this nation, thus emancipated by a generous impulse of patriotism, and launched forth on a higher and wider carcer of existence, gave a noble example of public virtue, tolerance, purity, and liberality. Such is not the record we are to give. England had not (of course) yielded the independence of her "sister island" in good faith. Finding herself, for the moment, unable to crush the rising spirit of her Irish colony by force, she feigned to give way for a time, well determined to have her revenge, either by fraud or force, or by any possible combination of those two agencies. From the very moment of the acknowledgment of Ireland's freedom, British ministers began to plot the perpetration of "the Union."

Lord Clare, who understood the true relations between the two countries better than any other Irish statesman, in order to prove that the transactions of 1782 between Great Britain and Ireland were not considered as final, tells us, that on the 6th of June the Duke of Portland thus wrote to Lord Shelburne: "I have the best reason to hope that I shall soon be enabled to transmit to you the sketch or outlines of an act of Parliament to be adopted by the legislatures of the respective kingdoms, by which the superintending power and supremacy of Great Britain, in all matters of state and general commerce, will be virtually and effectually acknowledged; that a share of the expense in carrying on a defensive or offensive war, either in support of our own dominions, or those of our allies, shall be borne by Ireland in proportion to the actual state of her abilities, and that she will adopt every such regulation as may be judged necessary by Great Britain for the better ordering and securing The very nobility of nature and unsus-her trade and commerce with foreign napicious generosity of the leading Irish patriot of the day, so prompt and eager to gush out in unmerited gratitude, so cordially impatient to put away every shadow of ill-will between the two "sister countries," gave the English administration a great advantage in devising their plans for our utter ruin.

tions, or her own colonies and dependencies, consideration being duly had to the circumstances of Ireland. I am flattered with the most positive assurances from of their support in carrying such a bill through both Houses of Parliament, and I think it most advisable to bring it to perfection at the pre

and

a Bill of Rights. He was not satisfied right in any other country to make laws without an express renunciation. But for Ireland internally or externally exists what guarantee against future usurpation or can be revived, is inimical to the peace by a future Parliament, was any renunci- of both kingdoms." It was a strong ation, however strong? The true security measure to denounce as a public enemy the for liberty was the spirit of the people and wary statesman who read futurity with the arms of the Volunteers. When the more caution than himself. He withdrew spirit passed away, renunciations and sta- his motion and substituted another: "that tutes were not more than parchment - the leave was refused to bring in said heads of faith of England remained the same as a bill, because the sole and exclusive right ever, unchangeable. of legislation, in the Irish Parliament in Whatever were the merits of the con- all cases, whether internally or externally, troversy, it was pregnant with the worst hath been already asserted by Ireland: ; effects. The Parliament adopted the and fully, finally, and irrevocably acknowviews of Grattan; the Volunteers sided ledged by the British Parliament." with Flood. A Bill of Rights, a great The opinion of the Lawyers' corps of international compact, a plain specific Volunteers was in favour of Flood's interdeed, the statement of the claims of Ire-pretation of the constitutional relations of land and the pledge of the faith of Eng- the two countries. They considered that land would have been satisfactory, and it repealing a declaration was not destroying must be confessed that men were not far a principle, and that a statute renouncing astray in asking for it. But, unfortunately, any pre-existing right, was an indispen the great minds of the day so far partici- sable guarantee for future security. They pated in the weaknesses of humanity as to appointed a committee to inquire into the yield to small impulses and to plunge question, which reported that it was necesinto a rivalry fatal to their country, sary that an express renunciation should in place of uniting their powers for accompany the repeal of the 6th of George the completion of a noble and glorious the First. Whereupon the corps of Inundertaking. It was unfortunate for dependent Dublin Volunteers, of which their glory-it was fatal for liberty.* Grattan was colonel, presented him with Flood, though legally right in the argu- an address. They reviewed the whole ment and wise in his suggestions, may argument, and ended by requesting their unwittingly have permitted himself to be colonel to assist with his hearty concurinfluenced by a feeling of jealousy. He rence and strenuous support, the opinions had seen the laurels he had been so long propounded by a committee "chosen from earning, placed on the brow of a younger the best-informed body in this nation." and certainly a greater man, and his dis- Such an address, including at one and the satisfaction was an unfortunate but a na- same time, an approbation of the course tural feeling. On the other hand, Grattan, pursued by Flood, and a request to Gratwhose peculiar work was the Declaration tan to support the doctrines he had from of Rights, felt indignant at the imputation the first opposed, was construed by his cast on his wisdom, and the impeachment nice sense of honour into a dismissal from of his policy by the measures which Flood his command. He did not resign lest his proposed. When Flood was refused leave regiment might construe a peremptory reto bring in his Bill of Rights on the 19th signation as an offence. But he told them, of June, Grattan, who had opposed it in that in the succession of officers, they one of his finest speeches, moved a resolu- would have an opportunity "to indulge tion, which appears very indefensible, the range of their disposition." He was, "that the legislature of Ireland is inde- however, re-elected, nor did he lose the pendent; and that any person who shall command until the October of the next by writing or otherwise, maintain that a year, when he voted against retrenchment "It was deeply lamented that at a moment criti- in the army. The Belfast First Volunteer cal and vital to Ireland beyond all former precedent, company also addressed him. Doubts, an inveterate and almost vulgar hostility should they said, had arisen whether the repeal have prevented the co-operation of men whose of the 6th George the First was a sufficounsels and talents would have sccured its independence. But that jealous lust for undivided cient renunciation of the power formerly honour, the eternal enemy of patriots and liberty, exercised over Ireland; they thought it led them away even beyond the ordinary limits of advisable that a law should be enacted parliamentary decorum. The old courtiers fanned similar to the addresses which had been independence of Ireland was eventually lost by the moved to his majesty, and which embodied distracting result of their animosities, which in a few the declaration of the Rights of Ireland years was used as an instrument to annihilate that Grattan's answer was laconic, but explicit very legislature, the preservation of which had been He said he had given the fullest considerthe theme of their hostilities."-Barrington's Rise and Fall, chap. xvii. ation to their suggestions: he was sorry

the flame-the new ones added fuel to it-and the

he differed from them; he conceived their part in obtaining parliamentary reform, doubts to be ill-founded. With great re- and relieving the legislature from internal spect to their opinions, and unalterable influence, as in emancipating it from forattachment to their interest, he adhered eign control. He would have been a safe to the latter. They received a different counsellor to the Volunteers; and had it answer from Flood, whom they admitted been found advisable and consistent with as a member of their corps. Similar cir- the spirit of the constitution to appeal to cumstances occurring in different other another assembly of armed delegates, it regiments, conduced to foster the evil would have met under better auspices passions of those two distinguished men, than the Dublin Convention of 1783-nor until they broke out into a disgraceful would it have terminated so ignominiously. and virulent personal dispute. But there But he was influenced by weaker counsels; were worse consequences attending this and, admitting that no evil passion of any unfortunate quarrel. Men whose united kind was busy with him, we are forced talents and zeal would have rendered se- to believe that he allowed his manly judgcure the edifice of their joint labours ment to be swayed by inferior and timid and the monument of their glory, were minds. Reform was plainly necessary to prompted to the adoption of different lines the completion of his own labours. The of policy. Grattan refused to advance. House of Commons did not represent the Flood was all for progress. Had both people, nor did its construction give any united to reform the constitution, and to guarantee for the security of popular secure its permanence, that event which liberties. Such a body might be forced eventually put a period to the existence into great and extraordinary virtue, as it of the legislature of Ireland would never was in '82; under such unusual influences, have occurred. A decision in the Court with the Volunteers in arms throughout of King's Bench of England, by Lord the whole country, and men like Grattan, Mansfield, in an Irish case brought there Burgh, and Flood amongst them, they by appeal, seemed to affirm the arguments, were unable to resist the tide that was and to give weight to the objections of flowing; but there was no principle of Flood. Mr. Townshend, in introducing in stability in them, they were irresponsible the English Commons the Renunciation and corrupt. Reform was the obvious Bill (January, 1783), said, that doubts corollary of the Declaration of Right. were entertained as to the sufficiency of Had the framers of the constitution of '82 the simple repeal, and had been increased united to consolidate and secure their own by a late decision in the Court of King's work, and ceased from the insane contenBench, which, however, he was informed, tions by which they disgraced their sucthe court was bound to give, the case cess; had they given a popular character having come under its cognisance before to the legislature which they freed from any question as to the appellate jurisdic- external control, and converted it into the tion in Irish matters had been raised. He veritable organ of the national will, by then moved that leave be given to bring conferring extensive franchises on the in a bill for removing and preventing all people, by including the Catholics in their doubts which have arisen, or may arise, scheme, and putting an end to the system concerning the exclusive rights of the of close boroughs, it would have been imParliament and courts of Ireland, in mat-possible for any English minister, without ters of legislation and julieature, and for preventing any writ of error, or appeal from any of his majesty's courts in Ireland from being received, heard, or ad- And this they could have done. The justed in any of his majesty's courts in Volunteers were still in force. One hunthis kingdom; and that Mr. Townshend, dred thousand men were in arms, and had General Conway, Mr. Pitt, Mr. Willian urgently pressed upon their leaders the Grenville, and the Attorney and Solicitor insufficiency of their work: they had deGeneral do bring in the bill." The motion manded reform in every provincial meetpassed without a division, and the Renun-ing*-at Belfast, on the 9th of June, ciation Bill was the result. This vindicated * Towards the end of 1782, the Government set the correctness of Flood's reasoning-it on foot a plan whose design was obvious enoughdid not afford any additional security to liberty. A solemn international compact, and internal reform of Parliament were still required to render secure and indefeasible the settlement of '82. It is a matter of serious and grave regret, that Grattan did not take the same leading

a war, whose issue would have been doubtful, to destroy the legislative existence of the country by a union.

the embodying of Fencible regiments. The Volumteers took fire, and held meetings to oppose it in followed by Dublin and Belfast. The resolutions every quarter. Galway took the initiative, and was passed at the Tholsel in Galway, on the 1st of Sep

tember, 1782, to the effect that the Volunteers were

most interested in the defence of the country, and most adequate to the duty-that raising Fencible regiments without sanction of Parliament, was un