Very different were the views of the Irish Parliamentary leaders: not of Grattan only, but of his rival, Flood, as can be gathered from the perusal of the debates in the Irish Parliament, which culminated in the famous struggle between Flood and Grattan on October 28th, 1782, when Flood, having denounced Grattan as a “mendicant patriot,” and Grattan having retorted by likening his rival “to a bird of prey with an evil aspect and a sepulchral note,” the two leaders left the House in order to solve their differences by a duel, and were only prevented meeting in deadly combat by the interposition of the Speaker, who wisely issued his warrant to apprehend them both.
The contention of Flood was that the mere repeal of the Act of George I. was insufficient, and did not prevent its revival at any future period; that it really left the matter where it stood, and that it was therefore necessary to bring in a Bill for declaring the sole and exclusive right of the Irish Parliament to make laws in all cases whatsoever, internal and external, for the kingdom of Ireland. His desire was to trump Grattan's cards, and destroy his popularity, which in the following [pg 278] year he all but succeeded in doing, when a decision of Lord Mansfield in the Court of King's Bench enabled him to raise a cry that the independence of the Irish Courts of Judicature was in danger; and a further Act was forced on the British Government renouncing any claim to legislate and confirming the independence of the Irish Courts of Justice.[143] The contention of Grattan was that the relations between Great Britain and Ireland were to be ascertained from the record of the whole of the recent transactions, which were transactions between two independent nations having a common Sovereign; and this being so, he said it was no more possible for Great Britain to reassert her legislative supremacy over Ireland than it would be for her to do so over the American colonies, if the pending negotiations resulted, as they evidently were about to do, in a recognition of the independence of those colonies. Grattan, indeed, went so far as to say that the relations between Great Britain and Ireland were in future to be sought in the law of nations and not in the municipal legislation of either country, which he said was no longer applicable. But both the Irish leaders agreed that in one way or another the legislative, financial, and judicial links between the two countries were to be severed, however much they differed as to the legal formulas which were to impress and carry out these ideas.[144]
The following propositions can, then, be based on the events of 1782:
(1) That the Irish leaders insisted on the freedom of Ireland from interference by the British Parliament both in internal and external affairs, [pg 280] or, as would now be said, both on Home and Imperial questions.
(2) That the British Ministers were ready to concede the former, and were not ready to yield the latter; but conceded both, owing to the circumstances of the time, and considered the concession final.
(3) That the British Ministers wished to obtain a contribution from Ireland for Imperial purposes, and the maintenance of a final appeal to an Imperial Court of Judicature.
(4) That the British Ministers do not appear to have proposed the representation of Ireland in the British Legislature.
In substance the plan proposed by Mr. Gladstone in 1886 was the plan which Grattan rejected in 1782. The objection to any such plan is the probability that if Ireland were to be asked, and were even to consent for the moment to make an appreciable contribution to the common expenses of the Empire, without being given through her representatives any share in the Parliamentary control of the funds so voted, and in the discussion of Imperial affairs—if, in other words, she was made a tribute-paying colony, instead of being treated as a member of a Federal system having an undiminished area of taxation for National purposes—a fresh and formidable grievance would arise in a few years, on the ground that taxation without representation was an intolerable thing, and contrary to the first principles of the Constitution. It was with these considerations present to his mind that Mr. Butt, when leader of the Irish Home Rule Party, in order to get over the difficulty, had proposed that a Federal [pg 281] arrangement should be instituted between Great Britain and Ireland—i.e., an arrangement under which Great Britain and Ireland should agree to vest certain powers in a purely Irish Legislature and certain others in the Imperial Parliament. The late Mr. Sharman Crawford, who like Mr. Butt was an Ulsterman and a Protestant, held similar views at an earlier epoch, and put them prominently forward during the period which elapsed between the imprisonment of O'Connell and the collapse of the first Tenant-right movement. With their opinion before us, it may be asked—why was no such plan proposed in 1782 by the English statesmen of the day? The answer is not far to seek.
The eighteenth century knew little or nothing about Federal Government. The Constitution of the United States, the parent of all the numerous later schemes of Federalism, was still in the limbo of the future; and it would be as idle to blame the Government of 1782 for not entering on a journey into the region of the unknown, especially at a moment of unexampled public difficulty, as it would be to blame the statesmen of the present day for not anticipating the political discoveries of the next generation, whatever they may prove to be. It was owing no doubt to the idea of Federal Government being practically unknown to the men of 1782, and to the unwillingness of the English mind to strike out on a new and as yet untrodden path in the art of Government, that in all the discussions of that time there is little or no suggestion of instituting a Federal link between Great Britain and Ireland. Some such suggestion was made during the negotiations on the Scotch Union, but it was decisively rejected by England, and only weakly urged by Scotland. The period was, in fact, one when Europe was still under the influence of a set of ideas which worked [pg 282] in an exactly opposite direction to the ideas of nationality and Federalism. The period was indeed drawing to a close; but the whole tendency of history had for two centuries previously been in the direction of large agglomerations of territory and centralization of government, quite irrespective of questions of nationality and race, and that tendency was still potent in 1782. The idea that the advantages of a national Government, extending over a large territory, might be combined with those of a decentralization of authority by a division of jurisdictions, was not one which the statesmen of the day in Europe had begun seriously to consider. Separation they understood, or an incorporate union: the possibility of an intermediate arrangement they ignored.
And yet an experiment in Federal Government is not to be approached with a light heart, and perhaps one thing only can be said about it with any certainty, that whatever success has attended it, wherever in fact it has worked smoothly, it has been when the powers reserved to the Federal or National Government have been those only which were strictly necessary, and in regard to which differences of opinion would presumably not arise amongst the States forming the Union.