Looking back, at this distance of time, upon the curious struggle which took place in the Cabinet on this question, we cannot fail to be struck by the immense disproportion between cause and effect exhibited in this strange episode in the history of the Shelburne Administration. The full recognition of the rights of Ireland had received the concurrent sanction of the Legislatures of both kingdoms only a short time before. No doubt whatever existed as to the intention of the repeal of the Declaratory Law. The Volunteers, to whose energetic demonstrations that healing measure was mainly attributable, were thoroughly satisfied, and, instead of displaying their nationality in angry and defiant resolutions, they adopted the language of congratulation and enthusiastic allegiance to the Government. This felicitous state of things was suddenly interrupted by one of those incidents which no foresight could have anticipated, and which, absolutely trivial in itself, was magnified at once, by the jealous spirit of patriotism, into a violation of the solemn compact that had just been ratified on both sides of the Channel. An Irish cause was brought into an English court of justice, was heard in the ordinary way, like any other cause, without reference to the competency of the tribunal before which it was tried, and decided, as a matter of course, by Lord Mansfield. The remedy for this contravention of the notorious settlement of the judicial independence of Ireland was plain. The decision was waste paper: it could not be carried into effect. The Irish might have rested satisfied with the power which they possessed of nullifying and rejecting the authority of the English Judge. But the delays of the Cabinet awakened their suspicions, and they apprehended, not, perhaps, very unnaturally, that if they suffered this single case of illegal interference to pass without some decisive declaration on the part of the English Legislature, it would be wrested into a precedent for further and still more dangerous innovations. Mr. Grattan held this opinion also, but trusted implicitly to the honour of the English Parliament for a measure that should fully set at rest all uneasiness on the subject; while Lord Temple was so impressed with the propriety of adopting such a measure that he drew up the Bill of Renunciation, which, after much superfluous discussion, ultimately passed into a law.
The case itself, however, lay in the narrowest compass, and admitted of the simplest solution. The Irish cause which had occasioned all this trouble, and menaced so seriously the tranquillity of the country, had been entered for hearing before the operation of the Repeal, but delayed by some accident until a subsequent term. The reason why it was not dismissed when it came before the court was, that the time had elapsed for pleading against the competency of the court, pleadings having already begun upon the matter of the suit. The parties could not plead to the writ—to use the legal phraseology—because they had already pleaded in chief. The only time when, according to the practice of the court, the competency of the court could be objected to was when the cause was entered; but at that time the objection did not exist, and when the cause came on for hearing it was too late. Lord Mansfield took the cause without any reference to the special circumstances attending it, which he was not judicially called upon to notice. He acted strictly on the practice of the court; and, although it was held by some of the statesmen of the day that he ought to have taken a more enlarged view of so peculiar a case, it was the opinion of Mr. Fox that he could not have acted otherwise than he did. At all events, the case could never have been drawn into a precedent. The real point for consideration, upon which Mr. Fox—who had himself framed the Act of Repeal—entertained some doubts, was whether the Repeal was sufficiently minute and comprehensive in its scope, to extinguish the right of appeal in Irish cases, by writs of error, to the King's Bench of Great Britain. But this point was not raised, on its special merits, by Lord Mansfield's decision, which involved nothing more than a technical question arising out of the practice of the court. It was wise to allay the feverish anxiety of the people, by removing any obscurity that hung over the settlement of the separate judicature of Ireland; but, such being clearly the intention of the Imperial Legislature, it is difficult to understand why it should have entailed so much clamour and misunderstanding.
MR. W. W. GRENVILLE TO LORD TEMPLE.
Pall Mall, Jan. 8th, 1783.
My dear Brother,
This morning I received your letter and despatch of the 3rd and 4th instant, and soon after, the enclosed note from Townshend. The general idea is, that they have received the exceedingly bad news of their negotiation being totally at an end; and the style of this letter seems, I must own, to confirm it. Before I close this letter, which shall not be till to-night, I shall most probably know with certainty. If it should be so, I see nothing in Lord Shelburne's conduct throughout this business, which can prevent me from being convinced that he has foreseen this conclusion, that the acquiescence is to be ascribed to that foresight, and to an intention of pledging you to some very strong measure to be immediately proposed to Ireland—of men, money, or some other support; and that his language about peace was calculated for no other purpose than that of making to himself a merit which he had not, and inducing me to pledge you with less difficulty to something of this sort, in the improbable event of a continuation of the war. If that should have been his aim, I have at least the consolation to reflect that I made none but a very general answer to that part of his conversation to which I allude, and which I stated to you at length in a former letter.
At the same time, I must freely own that I have been duped upon the subject of peace; not so much by their assurances, strong as those have been, and often as they have been repeated, as by the opinion which I then held, and which I have not much altered now, that a peace was absolutely necessary to their system of government. However, be all this as it may, I think you are in a situation to voir venir, and to rest upon your oars in full confidence that you are now completely master of your own ground, whether you are to be left to carry on the Government of Ireland upon those principles on which you have begun it, and on which alone we know it can be carried on with success, or whether the system is to be altered, and committed, of course, to other hands; in which there is no doubt but that the ill-success and confusion that must follow will justify your predictions to such a degree, and place your character in such a light, as would almost make it an event to be wished for by you, if it was not so fatal to the interests of both countries.
And this brings me to another point, in which I am very happy to feel myself justified and confirmed by your instructions in that line of conduct which I had fully resolved to adopt. I mean the holding out the most peremptory refusal to making either you or myself at all a party to postponing the business beyond the 21st, except in the single instance of their having some proposition to bring forward then, about their negotiations, of such a nature as to make the reason obvious to the mind of every man in Ireland, as well as in England. In such a case I will acquiesce, because I think I cannot in decency avoid it, under the delay of one day only. In every other case which can be supposed, I will claim a right to state to the House that the delay is neither consented to by you, nor arises from you; but is in your idea most pernicious. Surely, my own character and honour, as well as your's, demand this from me.
I am sick to death of this scene. Since I wrote the first part of my letter I have been to the levée, where I saw Townshend, and learnt from him that Lord Camden had taken upon himself to draw up a new preamble, which was to soften on both sides.—(What the meaning of this curious expression is, I will not pretend to say.) I then said, that at least I hoped it would contain an explicit recognition; because the measure would only be useful, in proportion as it was explicit. He agreed with me, as he had always done, and wished that I had seen Lord Camden. I asked if he was in town; he said he was to go back to-day to Chiselhurst, and had desired him to hold the council, in his absence, on Friday. I immediately went home, and wrote to Lord Camden, desiring to be allowed to wait upon him; but he was gone. I have just sent your despatch of the 4th, with the enclosed note to Townshend, which I hope will find him before dinner. How little does all this agree with Lord Shelburne's idea of doing what would be most satisfactory, and with all my fine reasoning at the beginning of my letter!
I will certainly write to you more when I come back from dinner; and, if I can make him, Townshend shall write too, because they cannot, upon paper, assign any good reason for the delay, and a bad one will give you advantages. Upon the whole, what a scene it is!