The Constitutional History of England from 1760 to 1860

by Charles Duke Yonge

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 £650,000 (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 his 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.

Since Lord Rockingham's concessions, in 1782, the project of a legislative union between the two countries, resembling that which united Scotland to England, had more than once been broached. We have seen it alluded to by Fitzgibbon in the course of these discussions, and it was no new idea. It had been discussed even before the union with Scotland was completed, and had then been regarded in Ireland with feelings very different from those which prevailed at a later period. Ten years after the time of which we are speaking, Grattan denounced the scheme with almost frantic violence. Fitzgibbon (though after the Rebellion he recommended it as indispensable) as yet regarded it only as an alternative which, though he might eventually embrace it, he should not accept without extreme reluctance. But at the beginning of the century all parties among the Protestant Irish had been eager for it, and even the leading Roman Catholics had been not unwilling to acquiesce in it. Unluckily, the English ministers were unable to shake off the influence of the English manufacturers; and they, in another development of the selfish and wicked jealousy which had led them in William's reign to require the suppression of the Irish woollen manufacture, now, in Anne's, rose against the proposal of a legislative union.[[133]] In blindness which was not only fatal but suicidal also, "they persuaded themselves that the union would make Ireland rich, and that England's interest was to keep her poor;" as if it had been possible for one portion of the kingdom to increase in prosperity without every other portion benefiting also by the improvement.

However, in the reign of Anne the union was a question only of expediency or of wisdom. The wide divergence of the two Parliaments on this question of the Regency transformed it into a question of necessity. The King might have a relapse; the Irish Parliament, on a recurrence of the crisis, might re-affirm its late resolutions; might frame another address to the Prince of Wales; and there might be no alternative between seeing two different persons Regents of England and Ireland, or, what would be nearly the same thing, seeing the same person Regent of the two countries on different grounds, and exercising a different authority.

And if these proceedings of the Irish Parliament had wrought in the mind of the great English minister a conviction of the absolute necessity of preventing a recurrence of such dangers by the only practicable means open to him—the fusion of it into one body with the English Parliament by a legislative union—the occurrences of the ensuing ten years enforced that conviction with a weight still more irresistible. It has been seen how stirring an influence the revolutionary fever engendered by the overthrow of the French monarchy for a time exerted even over the calmer temper of Englishmen. In Ireland, where, ever since Sarsfield and his brave garrison enlisted under the banner of Louis XIV., a connection more or less intimate with France had been constantly kept up, the events in Paris had produced a far deeper and wider effect. More than one demagogue among the Volunteers had avowed a desire to see the whole country transfer its allegiance from the English to the French sovereign; and this preference was more pronounced after the triumph of democracy in the French capital. For the leaders of the movement, themselves nearly all men of the lowest degree, denounced the Irish nobles with almost as much vehemence as the English connection.