“If,” he said, writing to the Duke of Portland, on the day following that on which Fox had addressed the Chief Secretary, “the ties by which the two kingdoms have been hitherto so closely united [pg 271] are to be loosened or cut asunder, is your Grace yet prepared to advise whether any, and if so what, substitutions are thought of for the preservation of the remaining connection between us? If by the proposed modification of Poynings' Law, so much power is taken from the two Privy Councils as they are now constituted, are we to look for any agreement in any new institution of Council, which may answer the purpose of keeping up the appendancy and connection of Ireland to the Crown of Great Britain, and of preventing that confusion which must arise in all cases of common concern from two Parliaments with distinct and equal powers, and without any operating centre.”[129]
On May 11th, Fox, in another letter to Fitzpatrick, explained his views; what he intended, he said, was to grant the “concession of ‘internal legislation’ as a preliminary, accompanied with a modification of Poyning's Law and a temporary Mutiny Bill;” and he hoped that, having made these concessions, “they might be able to treat of 'other matters' so amicably as to produce an arrangement that would preserve the connection between the two countries.”[130] The other matters were the Final Judicature and the question of the contribution of Ireland to Imperial expenses. Shelburne suggested the formal negotiation of “the articles of a treaty,” for as such, he said, he regarded his proposals;[131] and he urged a little judicious temporizing in the hope that the situation abroad might in the interval improve. But Grattan, recognizing the immense advantage which this situation gave him in negotiating with Great Britain, refused to entertain any idea of compromise. There was not only, he said, to be no “foreign legislature, but there were to be no commissioners” to negotiate a treaty,[132] and there was, above all, to be no delay in granting all the demands [pg 272] of Ireland. With this information before him, the Duke of Portland, who from the time of his arrival in Dublin had up till this moment encouraged both the Secretaries of State to believe that Grattan would come into their views, and might even make concessions[133] in regard to the final appeal in judicial matters, now informed them that the claims of Ireland on all the four principal demands must be conceded, and conceded at once, as the whole country was in a state of the wildest excitement, and was rapidly escaping control.[134] The concession of all the Irish demands was accordingly decided upon. The preliminary steps were taken on May 17th, by a resolution in both Houses of the British Parliament, for effecting the repeal of the 6th of Geo. I., c. 5, the Act by which the right of the British Parliament to legislate for Ireland was declared; and the necessary Bill was then introduced and rapidly passed into law.
At the same time, however, another resolution was adopted in the following terms:
“That it is the opinion of this House that it is indispensable to the interest and happiness of both kingdoms that the connection between them should be established by mutual consent upon a solid and permanent footing; and that an humble address be presented to His Majesty, that His Majesty will be graciously pleased to take such measures as His Majesty in his royal wisdom shall think most conducive to that end.”
On these resolutions Fox commented as follows:
“Ireland,” he said, “would have no reason to complain; the terms acceded to by England were proposed by herself, and all her wishes would now be gratified in the way which she herself liked best. But as it was possible that if nothing more was to be done than what he had stated to be his intention, Ireland might, perhaps, think of fresh grievances and rise yearly in her demands, it was fit [pg 273] and proper that something should be done towards establishing on a firm and solid basis the future connection of the two kingdoms. But that was not to be proposed by him here in Parliament: it would be the duty of the Crown to look to that; the business might be first begun by His Majesty's servants in Ireland, and if afterwards it should be necessary to enter into a treaty, Commissioners might be sent from the British Parliament or from the Crown, to enter upon it and bring the negotiation to a happy issue, by giving mutual satisfaction to both countries, and establishing a treaty which should be sanctified by the most solemn forms of the Constitution of both countries.”[135]
For the moment, however, the hope of commencing negotiations with these objects had to be abandoned, and when, on May 27th, the Royal Message conveying the intention of His Majesty to concede all the demands of the Irish Parliament was delivered in Dublin, the Secretary to the Lord-Lieutenant announced that no measures were then intended to be grounded on the second English resolution of May 17th. For a time, however, the Duke of Portland continued to hope against hope, and to nourish the vain expectations with which from the beginning he had buoyed himself up, and had misled his colleagues. During the month of June he allowed himself to be persuaded by Mr. Ogilvy, the husband of the Duchess of Leinster, and stepfather to Lord Edward Fitzgerald, that Grattan was not really so intractable as he seemed to be, and in a secret and confidential despatch, written on June 6th, he urged that the Irish Parliament should not be at once prorogued, in order to give time for a possible arrangement in regard to common affairs. But on June 22nd he was reluctantly compelled to express his disappointment and mortification at finding that his hopes had proved entirely fallacious, and that Mr. Ogilvy was a person not to be relied upon. The [pg 274] prorogation of the Irish Parliament was accordingly suffered to take place on July 27th, and here the matter ended.[136] “Thus,” exclaimed Grattan to his applauding audience—“thus have you sealed a treaty with Great Britain; on her side the restoration of the final judicature; the extinction of her legislative claim; of her Privy Council; of her perpetual Mutiny Bill; the repeal of the Act of legislative supremacy; on your side satisfaction! And thus are the two nations compacted for ever in freedom and peace.”[137]
Subsequently at the time of the Union a controversy arose in regard to these events. Mr. Pitt asserted that the adjustment of 1782 was not considered by the British Ministers by whom it was effected as final in its character; but that, on the contrary, they were fully convinced of the necessity of adopting some further measures to strengthen the connection between the two countries, and he produced the correspondence which had passed in 1782—extracts from which have been given above—as a reply to the lame attempt of General Fitzpatrick, who was still in Parliament, to deny that any such negotiation had been desired by the members of Lord Rockingham's Ministry. General Fitzpatrick had declined to admit more than that the Duke of Portland, during his residence in Ireland, might have entertained a vague idea of some farther arrangement for consolidating the connection with Ireland, but had soon given it up; and Grattan in the Irish Parliament openly accused Lord Shelburne and the Duke of having concealed their views from their [pg 275] colleagues, and said that, above all, Mr. Fox knew nothing of the project contained in the despatch of June 6th.[138] The truth is, that the Rockingham Ministry was in June a house divided against itself, owing to differences of opinion as to the peace negotiation with France and the United States, and was almost in the actual throes of dissolution. From a letter written by Fox in 1799 to Fitzpatrick, it certainly appears that the so-called “Ogilvy” negotiation never was communicated to him.[139] But the assertion of Mr. Pitt went far beyond the Ogilvy negotiation—if negotiation it can be called. What Mr. Pitt asserted was, not that the correspondence proved that in June, 1782, the Ministers were actually intending to enter on any such negotiation, but that the Prime Minister, the Lord-Lieutenant, and both Secretaries of State, from the very commencement of the correspondence in April, considered the arrangement insisted on by Grattan deficient, and lacking in finality, and were only prevented by the stress of adverse circumstances and the impracticable character of the Irish leaders, from trying to negotiate an agreement, by which Ireland should acknowledge that “the superintending power and supremacy were where Nature had placed them”—viz., in the Government of Great Britain.
What, then, was the view which the British Ministers in 1782 took of the relations which it was desirable to establish between Great Britain and Ireland—the relations which, had events been more favourable, they would have established? Evidently it was not a legislative union, though they wished to retain the final judicial appeal in London. The object of the [pg 276] Duke of Portland, as he explained in the secret despatch of June 6th, was that an Act of Parliament should be passed 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 would be virtually and effectively acknowledged; by which also a share of the expense in carrying on a defensive or offensive war, either in support of our dominions or those of our allies, should be borne by Ireland in proportion to the state of her abilities; and that she should adopt every such regulation as might be judged necessary by Great Britain for the better ordering and securing her trade and commerce with foreign nations, or her own colonies and dependencies; consideration being duly had to the circumstances of Great Britain. “This plan,” Lord Shelburne explained during the debates of 1799, “had nothing to do with a legislative union.”[140] “It related,” he said, “to what might be called the expense of the system which was carried on under the two Parliaments, in Army, Navy, commerce and finance, and in the great establishments of Church and State; and it did not imply ‘bringing the two Parliaments together.’ ”[141]
From these passages it appears that what the Whig statesmen aimed at in 1782 was to obtain, in the first place, a clear acknowledgment of the Imperial supremacy, or, as they would have said in the language of the time, of the power of Great Britain in “external” as distinct from “internal” legislation; and, in the next place, a contribution from Ireland to the expenses [pg 277] of external administration and policy: the Fleet, the Army, and the diplomatic and commercial establishments. “I humbly conceive,” said Burke, who was a member of the Rockingham Government, and the trusted adviser of his official chief, “that the whole of the superior, and what I should call Imperial politics, ought to have its residence here [in London]; and that Ireland, locally, civilly and commercially independent, ought politically to look up to Great Britain in all matters of peace or war, and, in a word, with her to live and die. At bottom, Ireland has no other choice—I mean no other national choice.”[142]