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THE CONNEXION
BETVTEEN
THE KINGDOM OF IRELMD
AM) .
THE CROWN OF ENGLAND.
BY E. E. MADDEN, ESQ. M.D,,
Author of " The United Irishmen."
WITH AN APPENDIX
OF TirE
PRIVY COUJNTCIL CORRESPONDEl^CE,
D0HING GREAT PART OF THE TEARS
1811, 1812, 1816, 1817.
DUBLIN:
PUBLISHED BY JAMES DUFFY,
23, ANGLESEA-STREET.
1845.
r-
O'NEILL LIBHAR/
BOSTON COLLECe
\
lielriration.
TO
THE PEOPLE OF EJSTGLAJ^D,
WHO LOVE JUSTICE ;
AND
THE PEOPLE OF IKELAND,
WHO LONG FOE IT ;
BT
ONE WHO KNOWS NO DISTINCTION BETWEEN THE DESCENDANTS OF
CELTS AND SAXONS,
AND SPURNS AT ALL PRETENSIONS TO
POLITICAL PRE-EMINENCE ON THE PART OF EITHER.
ADVERTISEMENT.
The following Essay was printed at the request of the Committee of the
Repeal Association ; but they are in no way responsible for its facts or
opinions.
Besides such a review of the political history, the state, and the prospects
of Ireland, as might be looked for in a National Argument, it contains a
Notice of the Great Eevolution of Portugal, compiled, with no little care,
from scarce Peninsular authorities; and The Minutes of the Privy Council
Correspondence, during 1811, 1812, 1816, 1817, printed from the original
BOOKS IN THE Castle. Of the value of these Minutes, as giving the Secret
History of the Irish Government after the Union, no proof need be offered.
CONTENTS.
Page,
CHAPTER I.
The early connexion with England. — Misrule of the latter in Ireland,
illustrated by the History of the Union of the kingdom of Portugal with
the Crown of Castile -.-.---.l
CHAPTER II.
Spanish domination and despotism in Portugal - - - - 5
CHAPTER III.
The Spanish Government's systematic efforts to denationalize the
Portuguese. — While Spain was weak her oppression was mitigated, when
prosperous, invariably rendered more severe All her compacts with the
Portuguese violated The Spanish minister Alivarez, and [Secretary of
State in Portugal, Vasconcellos, prototypes of Pitt and Castlereagh The
iron rule of the three Philips m Portugal nearly as bad as that of the three
Georges in Ireland, but not quite so murderous as that of Elizabeth and
CromweU ...-.-..- 13
CHAPTER IV.
Original compact the foundation of the connexion between the two
kingdoms. — Violation of it. — The rage for imperial aggrandizement and
the lust of domination exemplified in its effects in other countries - - 20
CHAPTER V.
The state of Ireland in 1172. — Henry H.'s acquisition of Ireland Treaty
with the kings and chiefs at the Council of Lismore. — Establishment of
Parliaments confirmed by Iiis successors Early violation of the compact.
— The PALE system Limits of EngUsh authority down to the reign of
James I Allegiance for the first time began to be really acknowledged in
the latter reign Continued to the Stuart dynasty - - - - 24
CHAPTER VI.
Nature of the dominion gained in Ireland by Henry II. and his succes-
sors Opinions of celebrated Jurists on the state of independence of
nations in partial subjection to others Nature of the provincial govern-
ments of ancient Rome - - - - - - -31
11. CONTENTS.
Page.
CHAPTER VII.
Suppressions of Eebellions at various times, not the conquest of a
kingdom — Question of the rights given by conquest, and the indefeasible
rights acquired by the law of nature and of nations Great lawyers bad
arbiters of public liberty - - - - - - -37
CHAPTER VIII.
Right of Ireland to the laws and institutions of England. — Early
parliaments in Ireland Historical notice thereof - - - - 42
CHAPTER IX.
Attempts to disparage the character of these early parUameuts, by Sir
John Davies, in his speech before the Lord Deputy His accoimt of their
constitution - - - - - - - -48
CHAPTER X.
The claim of legislating for Ireland in English parliaments set up at an
early period. — Account of the progress of that usurped power; of the resist-
ance to it in various reigns - - - - - - -59
CHAPTER XI.
Resume of the history of British misrule in L'eland. — The course of
extermination, confiscation and bloodshed of 600 years' endurance. — The
temporary interruption of the career of rampant rapacity and injustice, in
1782 69
CHAPTER XII.
Spanish domination in Portugal brought to an end Revolution of 1640 ;
its results — Consequences of the despotism and arrogance of Provincial
rule --.-.----- 81
CHAPTER Xm.
Events of 1782 — Volunteers. — Restoration of Irish independence — In-
sufficient securities obtained - - - - - - -98
CHAPTER XIV.
Dungannon and DubUn"Conventions Commercial Propositions of 1785.
— Regency question of 1789 - - - - - - 105
CHAPTER XV.
Relaxations of Penal Code "of 1782 and 1793 Question of Reform of
1791 merged into one of Revolution. — Wliole tenor of Pitt's Irish policy
from 1785 to 1800 to bewilder and break down" public opinion and national
spirit, and to degrade the. parliament in the minds of the people - - 110
CHAPTER XVI.
Policy, expense, and results of fomenting and exploding the Rebellion of
1798 ' - - 113
CHAPTER XVII.
Project of a Union introduced into the Irish Parliament, iii 1799 - 120
CONTENTS. 111.
Pagre.
CHAPTER XVIII.
Project of a Union discussed in 1800 — Pleasures taken for eflfecting it
Employment of force, fraud, and corruption Of military violence to
prevent County Meetings, regularly convened to petition against it - 123
CHAPTER XIX.
The Union carried Incompetency of parliament to vote its own extinc-
tion. — Night of its dissolution Curran's appearance on the steps of the
House of Commons His observations respecting that measure - - 133
CHAPTER XX.
Effects of the Union — Consequences of Provincialism illustrated by Lord
Lyndhurst in his declaration of Irish Alienism Origin of the Alien
doctrine Practical demonstration of the working of the Union in the
financial management of Ireland - - - - - -137
CHAPTER XXI.
Effects of the Union shown in the state of representation - - 143
CHAPTER XXn.
Various acts of post-Union injustice. — Extracts from the speech of Mr.
W. S. O'Brien in the House of Commons, 4th July, 1843 - - - 147
CHAPTER XXIII.
Nature of the just claim of the people of Ireland to an independent
pscrliament ; of the guarantees to be required for its security ; of financial
and commercial arrangements to be entered into with England ; of external
matters claimed for imperial legislation. — The evils of 1782 to be avoided
Parliament of Ireland to be re-constructed, on Reform principles Eventual
necessity of a strong infusion of democratic influence in the Irish constitu-
tion, to resist parliamentary corruption, and the predominant power of
English interests Federalism, as described by Mr. O'Connell, and ex-
pounded by Mr. Sharman Crawford Serious objections to Mr. Crawford's
plan ---------- 156
CHAPTER XXIV.
The old policy of divide et impera once more at work in Ireland, to be
guarded against by the Roman Catholic heirarchy, clergy, and the leaders
of the Irish people. — A few words at parting to the young men of Ireland 167
APPENDIX.
Return of the names of Lords Lieutenants, Lords Justices, and Chief
Secretaries for Ireland, 1801—1821 - - - - - - 179
Privy Council Correspondence, January to June, 1811 - - - 181
Privy Council Correspondence, July to December, 1812 - - - 261
Memorial of Daniel and Stephen Egan, 1816 - - - -311
Counter- Memorial of the Rev. John Hamilton, 1816 - - - 315
Statement from the Rev. John Hamilton, accompanying his Memorial - 332
TEEMS OF CONNEXIOlSr
OF
THE KINGDOM OF IRELAND WITH THE CROWN OF ENGLAND.
CHAPTER I.
In the notice of the Committee appointed by the Repeal Associa-
tion to carry into effect its objects, with respect to the proposed
Essays on the Legislative Union, to be submitted for adjudication
to its members, it is suggested that candidates should illustrate
the question " by examples taken from the history of existing
institutions of other countries, and in particular that they should
examine how far the constitution of Norway, and its connexion
with Sweden, may serve as a model for the new constitution of
Ireland." The suggestions of the committee not being obligatory,
and the avowed object of the association being to obtain the best
argument that can be adduced in support of the Repeal of the act
of Union, the winter treats the subject according to his views of
the best mode of deahng with it. It is not, he thinks, sufficient
to refer to the existing relation of countries connected like Norway
and Sweden for an illustration of the subject. Nor is it meeting
that subject in all its aspects to confine our regards to the advan-
tages of repeal, or the disadvantages of a legislative union.
It is right at the threshold of this inquiry, to state distmctly,
and in terms that cannot be mistaken, or misinterpreted, the sense
in which the author uses the words, " a distinct kingdom," — " an
independent nation," and " separate institutions."
Ireland Avas a distinct and separate nation from England, during
B
( 2 )
the period of Henry II.'s dominion, and after his donation of the
sovereignty of the newly-acquired country to his son John, till
the latter came to the English throne, when in his person the
sovereignty of England and Ireland was united. Ireland, then,
ceased to be a kingdom separate from the British crown, but con-
tinued to be a distinct nation, as the title of British sovereigns to
this day plainly shows. A country that is self-governed is an
independent nation, inasmuch as it makes its own laws, and in its
enjoyment of that privilege, possesses the inalienable right of
freedom which God gave it, and man cannot justly take away from
any nation, — the right of retaining the institution by which its
laws were enacted, its people represented and protected, and its
executive invested with authority to govern the state in the king's
name for one sole end and aim, the good of the people of whose
welfare he is presumed to be the supreme guardian. Such an
institution must be pure and independent, or it is no better than a
packed jury, that is, " a delusion, a mockery, and a snare." A
country that has a legislature in which the people are represented,
may be, therefore, truly called an independent nation. Should
the independence of that parliament be taken away, or the
institution itself be destroyed, the corruption or abolition of it
ultimately involves every sej)arate institution of the country in
ruin — each becomes, what a particular one has been termed, in
the emphatic words of the British Aristides — ."A delusion, a
mockery, and a snare." Ireland remains a distinct country, though
robbed of its national independence, united to the British crown,
but still entitled, by the original terms of the connexion, to all the
laws and institutions of England. It will not do to reg-ard the
original terms of that connexion with the contempt which is usually
felt or affected, in treating of this subject. They must be re-
curred to and looked in the face boldly, calmly, honestly, and
steadily; and if the subject is to be illustrated at all, it must be by
the application to it of historical knowledge and experience of such
analogous circumstances as bear upon it. We must seek in the
history of foreign nations, moreover, for an example of an union,
achieved by violence, corruption, and unjust means — that was a
calamity so long as it existed — that led to misgovernment and
oppression — that engendered fierce hatred on the part of the
province deprived of its nationality, and intolerable arrogance on
( 3 )
the part of the imperial power. And by way of warning, we must
seek in this example for the evil consequences of violated justice,
of outraged pride, of abused patience ; and when we find elsewhere
that the issue of a connexion, that was not based on justice, was
separation, we are then in a condition, and necessitated, to inquire
what means are best calculated to prevent such a result in our own
case, and whether another form of connexion is not compatible
with the interests and the honour of both countries.
The history of Portugal, at the close of the sixteenth century,
affords the illustrations I have referred to, of unjust domination
and its pernicious consequences — oppression, disaffection, rapacity
in rulers, enmity to imperial interests — arrogance, hatred, ever
smouldering or kindhng into rebelhon on every opportunity
afforded to the injured nation, by the weakness or occupied atten-
tion of its oppressor.
The union of Spain and Portugal is an historical fact, not
sufficiently well knowai except through its effects, and those are
comprised in an event wliich took place in 1640, the dissolution
of the union of those two countries. When I say little known, I
mean known only to those who are familiar with the histories of
Spain and Portugal in their original languages. The chief
knowledge of the subject that existed in English hterature,
previously to the appearance of the translated history of that
revolution by the abbe Vertot, was from a work translated from
the Italian, published in 1600, and edited by Edward Blount,
entitled " The History of the Uniting of the Kingdom of Portugal
to the Crown of Portugal." * The original work was written by
Conestaggio, a Genovese historian, in 1585. It is evidently so
biassed in favor of the union which had been but recently effected
when he wrote, that one is induced to beheve the work was
one of the many that were written at that period by the orders
of the Spanish sovereign in support of his measures, as similar
works had been written at various times in support of another
union, by order of the British government, when the question of
uniting the kingdoms of Great Britain and Ireland was under
consideration.
Phihp II. effected his union by the joint and co-existent in-
* The editor has suppressed the name of the author of the original work, and
has taken great liberties with the text.
( 4 )
strumcntality of the sword and the pen. He employed Spanish
jurists of great eminence to write down Lusitanian independence,
and to write up the legahty and convenience of a union of the
kingdoms of Portugal and Castillo. In one of those ingenious
productions, the frontispiece represents a sword and a pen
crossed ; it must be admitted the emblem is happily conceived.
The first and most laboured of those productions was published
previous to the union, and was entitled " Responsum de successione
Regni Portugallice, pro aiignstissimo PMllipo 2c?o." The author
was a jurist of great distinction, " Francis Alvarez Ribeira,"
regent of the supreme Italian senate. If a purse of gold had
been introduced in the back ground, a very pretty device might
be furnished for some future edition of " An essay towards an
union of Ireland with Great Britain," in 1703 ; or, " The short
and easy method of reducing the exorbitant pride of Dublin," by
Anti-Constitution in 1748 ; or, " A proposal for uniting the two
kingdoms," in 1751 ; or, " A union of England and Ireland proved
to be practicable," by John Williams in 1787 ; or, " A barrister's
observations on Poyning's act," in 1770 ; or, Mr. Charles
Sheridan's " Review of the great national question relative to a
declaration of rights," in 1781 ; or, " Utility of a union con-
sidered," by a friend to the countries, in 1788 ; or, " Thoughts
on a union," by Joshua Spencer, in 1798 ; or, " An argument for
and against an union," by Mr. Edward Cooke, in 1799 ; or,
" Memoirs of the union between England and Scotland," by
Lockart, reprinted by government, in Dublin, in 1799 ; or,
" Extracts from Defoe's history of the union," reprinted in
Dublin, by government, in 1799 ; or, " A letter to H. Grattan,
Esq., in favor of union," by William Smith, in 1800 ; or, any
extracts from any of the above, by Mr. Montgomery Martin,
in 1844. The Spanish government followed up the labours of
its mercenary scribes, by the services of its secret agents, in
sowing discontent, jealousies, animosities ; in dividing and be-
wildering the people of Portugal before its army was let loose on
the devoted country to effect an union, and make an independent
country a provincial appendage to the Spanish crown.
The British government fomented a rebellion in Ireland for a
similar purpose and with similar success.
( 5 )
CHAPTER 11.
The union of the crowns of Portugal and Castille, was founded
on a claim of Philip 11. to the former, as the next of kin in
the male line to the deceased sovereign of Portugal, the Cardinal
King, Henry, successor of Dom Sebastian, who was slain in
battle, in Mauritania, in 1578. The rightful heir to the crown
was the Duchess of Braganza, daughter to the Infante, Dom
Edward, brother of the Spanish Queen Isabella, both the children
of the Portuguese sovereign Dom Manuel. Philip II. was the
son of the same Isabella, consequently the Duchess of Braganza
was nearest of kin in the male line to Dom Manuel. There
were various other claimants, all of whose pretensions were
set aside, before Phihp asserted his with the sword, with the
exception of those of Dom Antonio, Prior of Crato, an illegitimate
son of one of Dom Manuel's children.
Portugal had been an independent country from time im-
memorial, to the Roman subjugation. Ancient Lusitania, the
" Hispania Ulterior" of the Romans, consisted of various in-
dependent tribes, of varied origins, ruled by their respective
chiefs, and sometimes over-ruled by the chief of a tribe, superior
in power to other clans and septs. From that country, and not
from the region which now bears the name of Spain, the early
tide of colonization had poured into Ireland. During the 600
years of the dominion of the Moors in the Iberian Peninsula,
the kings of Leon and Castille maintained their sovereignty, and
pushed their adventurous arms occasionally into the Lusitanian
countries then subject to the Moors. In these desultory wars,
they sometimes di'ove back the Moors south of the Douro, and
gained towns and strong holds, or rather expelled the Moors from
them, for the time their armies over-ran the country. In 1090,
( 6 )
the Spanish sovereign, Alphonzo, invested one of the adventurous
cavahers in his service, the Count Dom Henrv, with the lands from
which he had contributed to drive the Moors, as the dower of his
natural daughter Thereza, whom he gave in marriage to the
count.
It matters very little whether any sovereign rights were re-
served or not — whether the possession was a mere feudal tenure,
or an unqualified cession of the lands and towns in question, and
the sovereignty appertaining to them. Alphonzo had no more
right, in point of fact, to bestow the sovereignty of this Lusitanian
territory on the count, than the pontiff had to make a present of
Ireland to the second Henry. But the contested question of
sovereignty, with respect to Portugal, was brought to a final
issue — one of Alphonzo's successors renounced all claim to it for
ever.
The descendants of the cavaher king (for the Count Henry
ruled the territory around Coimbra, conferred on him by Alphonzo,
and the additions he made to it with his good sword, with kingly
state and power, though he assumed not the regal title) finally
expelled the Moors from the whole country, and Portugal retained
its independence until the close of the reign of the Cardinal King
Henry — who died in the year 1580 — in default of issue, leaving
his kingdom a war of succession for a legacy. The Spanish so-
vereign, at that juncture, set up his pretensions to the crown of
Portugal, and backed those pretensions with the sword. The
result was, the annexation of that crown to his own — the conver-
sion of an independent nation into a provincial appendage to a
foreign state.
Nature, in vain, for the admonition of princes, has distinguished
kingdoms, — separated them either by mountain-walls, or ocean
waves, or the trenches of broad rivers, in order to restrain the
madness of inordinate ambition. But no barriers are sufiicient to
prevent its efforts, and no example of its deplorable results
capable of deterring nations from the career of unjust^domination.
Had the claims of Philip II. been ever so just, the fundamental
laws of the state of Portugal, passed in the cortes of Lamego, in
the reign of the founder of the monarchy, Alphonzo I., clearly
debarred him from the succession, — foreigners being expressly
excluded by the following provision : — " If the King of Portugal
( 7 )
should not have male issue, and should have a daughter, she shall
remain queen after the death of the king, her father, but under
these conditions: She shall not marry any person except a
Portuguese, and he must be of the nobility." * * * " This law
shall be in perpetual force, that the eldest daughter of the king
shall not take a husband out of Portugal ; and, if she should marry
with a stranger, she cannot be queen, because we never can con-
sent that our kingdom should go out of the hands of Portuguese, by
whose valour then' sovereign was made without other help but by
their own intrepidity, and with their own blood. These are the
laws of inheritance of our kingdom" (and being read aloud by
xHberto, chancellor of the king, all answered) : " They are good,
they are just, and thus they are decreed for us, and for our suc-
cessors after us."*
These laws, whose existence for obvious reasons was called in
question in recent times, Phihp II., for other reasons of state,
took effectual means (for the security of his claim) to prevent the
production of. The same historian I have just quoted, states, that
Pliihp carried away with him from Portugal all documents and
decrees found in the archives of that kingdom, bearing on the
question of succession, and confirmatory of the national indepen-
dence, and, amongst these, the laws of the cortes of Lamego.f
The same policy wliich directed this measure was pursued during
the whole period of the Spanish domination ; and not only all
documents of a similar kind, but works in manuscript and printed
books, that were deemed prejudicial to Spanish interests, or
calculated to preserve the memory of the ancient glory and inde-
pendence of the Portuguese people, were made away with.
Those who are famiUar with Irish history, and not only with
the ancient records of their country, but even the modern pe-
riocUcal hterature of a political kind, of 1798 and 1800, cannot
fail to be struck with the identity of the miserable practices to
which tyranny and injustice are compelled to have recourse in all
countries.
Phihp's invading army met with Httle opposition in its passage
through the country.
* Historia della Disunione del Regno di Portiigallo, &c., &e. Dal Dottore
Birago. Amsterdam. 1647. Page 46.
f Historia della Disunione, p. 72.
( 8 ) :
The Duke of Braganza, the rightful heir, was unable or
unwilling to support his just claims, but Dom Antonio, Prior of
Crato, the illegitimate son of the Infante Dom Edward Manuel,
caused himself to be proclaimed King of Portugal at Santarem,
and put himself at the head of an ill-provided, ill-disciplined army
to oppose the Spanish invaders.* The prior's forces were routed
by the Spanish general, the infamously celebrated Duke of Alva,
and in 1580 Philip was in possession of his new kingdom.
One of the first acts of the Duke of Alva, on his arrival at
Cascais, a small town on the Tagus, in front of Lisbon, was to
order the execution of the general-in-chief of the Portuguese
forces, Dom Diego de Menezes, some days after the surrender
(by his orders) of the fortress of Cascais, commanded by one
Pereira, who was hkewise executed. Philip's historian, Cones-
taggio, coolly observes : — " The Duke, who wished to make an
example of terror to the governors of the other forts, ordered his
head to be cut off, and caused Pereira to be hanged, who com-
manded the castle."f
The cold-blooded murder of the prisoners of war produced the
effects that might have been expected. "Whenever a Spanish
soldier fell into the hands of the Portuguese, he was butchered,
and the efforts were redoubled of the popular leaders to resist the
invaders.
f It is a emulous circumstance that the clergy, and especially
those of the monastic orders, were the most strenuous and formi-
dable opponents the Spaniards had to contend with, and that the
same influence was instrumental to their expulsion sixty years
later. Conestaggio bitterly complains that, " the monks in the
neighbourhood of Lisbon, at the instance of the governors, excited
the Portuguese to a vigorous resistance, thus employing new and
perilous means to effect their object. The monks were instructed
to exhort the people to resistance, so that they openly j)reaclied
a war similar to a crusade against infidels. They were ordered
to stimulate the people in their confessionals, to persuade this
nation, too ambitious of honour, that there was no earthly glory
*The Prior of Crato entered into a secret convention witli Queen Elizabeth,
of England, and was recognized by her as the legitimate King of Portugal,
f Istoria della Unione, &c. Conestaggio, Genova, 1585, p. IGl.
( 9 )
equal to that of sacrificing every thing in resisting (their enemies).
Hence, the preaching of those people so devoted ordinarily to
their religion, became a kind of fury which made them more like
the associates of soldiers, than the ministers of rehgion, and caused
great scandal to well-thinking people, and grievous injury to all
the kingdom."*
It is needless to comment on the tender anxiety of Philip's
panegyrist for the interests of the rehgion and the kingdom of
Portugal. The simple meaning of this passage is, that the clergy
used their influence to save their county from the hands of the
robbers who invaded it. The monastic clergy paid dearly for
their fidelity to their country. But Alva's fury, and Philip's
vengeance were suspended till the latter was in secure possession
of the country. The battle of Alcantara decided the fate of
Portugal ; about a thousand of the Portuguese were slain, and one
hundred of the invaders. Lisbon surrendered to the victors, and
for three days the suburbs, " and the houses of those in the city
who took part in the rebellion" were given up to pillage. " The
soldiers made a great booty without practising great violence, "f
All tliis time the benevolent sovereign of Spain was at Badajoz,
waiting the issue of the war. On receiving the intelhgence of it,
he issued an amnesty, perfectly Castlereaghish in its character,
excluding all those from its operation who could possibly need to
avail themselves of it. When the executions were over, Philip
entered Portugal, and soon presented himself to his loving subjects
in the capital. Another amnesty was pubhshed " full of restric-
tions and artful clauses," Conestaggio admits. Fifty-three persons
were excepted by name, the monks generally, and the persons
who held any office or employment under the prior. The various
measures taken to de-nationalize the Portuguese by his Spanish
majesty, are duly commended by his historian ; but he blames
Phihp for not abohshing the university of Coimbra. " It would
have been a good policy, he ought to have done it." * * *
" Because the Portuguese being obhged to make their studies in
the Spanish universities, would then expend the first vigor of
their youth, and would get accustomed to the Spaniards, and
* Istoria della Unione, &c. Conestaggio, p. 113.
t Conestaggio.
( 10 )
return afterwards to Portugal with more affection for the service
of the king, and more capacity for official employment."
Philip's first intention had been to enter the capital, sword in
hand, but he was diverted from this purpose by the sagacious
counsel of one of his followers, who besought his majesty not to
attempt the conquest of the hearts of the Portuguese ; that their
only business was with the soil ; they had it, and it was impohtic
to manifest either fear or distrust of the inhabitants.*
In accordance with this sage counsel, Pliihp sheathed the sword
and affected magnanimity. He assembled the Cortes at Tomar,
had himself proclaimed king, took the oath of fidehty to the con-
stitution of the country, and confirmed with his oath the privileges
of the people.
In 1582 Philip issued a decree, which may be considered ana-
logous to that of Henry II., at the Council of Lismore, in 1172.
He guaranteed to the Portuguese all the rights which had been
conferred on them by their sovereign, Dom Manuel, in a charter
containing twenty-five articles, securing the independence of their
church, of their cortes — in wliich alone laws should be enacted,
which related to the affairs of that kingdom, — them aintenance of
the manners, customs, and privileges of the people ; the pre-
servation of their judicial estabUslmients — for the determination of
all suits originating in Portugal ; the employment of none but
Portuguese in official situations, (with the exception of that of
viceroy), and a perfect equahty of rights, and honourable distinc-
tions in Spain for all Portuguese subjects; and for the Portuguese
nobility, the "fueros" and immunities which they had liitherto
enjoyed. The decree ends with a solemn protestation of his
majesty's sincere determination to observe his royal promise, and
an injunction to his son and successors to do the same.
" If they do so, (as I hope), they will be blessed with the
benediction of God the Father, Son, and Holy Spirit, of the
glorious Virgin, and of the celestial . court, and with mme. If
otherwise, (which I do not beheve), they will be cursed with the
malediction of our Lord, of our Lady, of the Apostles, and of
the celestial court, and with mine; they will not increase nor
prosper, nor advance. Given under my seal, at Lisbon, the 15th
• Historia del Regno de Portugal, por Faria. p. S4o.
( 11 )
of November, 1582." (Signed), " Lope Juarez ; I, the King,
Miguel de Moura."*
In tlie succeeding years of the same monarch's sway in Por-
tugal, there were few (if any) of the sworn privileges, rights, and
immunities of the people of Portugal, which were not violated.
It is hardly credible, that engagements so solemnly entered into,
could have been dehberately broken ; but the' fact is incontestible,
that they were broken. All that can be said in palliation of such
enormous wickedness is, that these engagements were entered
into with a desire to fulfil them ; but in culpable forgetfulness of
the nature of a government founded on injustice, and wilful
ignorance of the means that were essentially necessary to the
maintenance of dominion obtained by force and fraud over an
independent nation. Ambition, however, never wants pretexts to
be perfidious, to secure its triumphs ; all its specious purposes and
plausible promises to its victims turn out to be pretences and pre-
texts. All its practices are at variance with its pleas for its original
aggressions. All its fair intentions of compensating the injured
and oppressed by moderation in its rule, and the communication
of new advantages, by the extension of commerce, the advance-
ment of civilization, the participation in imperial wealth and glory,
are defeated by the circumstances of its position, and the neces-
sity of maintaining it by an agency, foreign and inimical to the
interests of a people reduced from a state of independence, to one
of provincialism.
A Spaniard, remarkable for the laconic truth, and eloquent
wisdom of his apothegms, observes : — " La virtuel artificiosa es
peer que la maldad porque esta se executa por metho de aquella."f
But it is not only artificial virtue, but the simulated justice of
illegitimate domination which is worse than open wickedness ; for
their execution is carried into effect by means of hypocrisy super-
added to injustice. The original vice of unjust dominion, rendered
all the good intentions of the second Philip towards subjected Por-
tugal, null and of no effect ; for there was no executive principle
in laws purporting to be protective, administered by authorities
who were the creatures of a foreign'power. If the administration
* Historia de Portugal, por Faria. p. 348.
t Empressas Politicas, por Saveclra. p. 410.
( 12 )
of those laws militated against the maintenance of that power,
however it might be called, "the Spanish interest in Portugal," —
"the King's interest," — "the Imperial interest," — every other
consideration would be of little moment compared with the one
great reason of state. Tacitus, in a few emphatic words, has
shewn the difficulty of repairing the evil of original injustice by
any subsequent change of policy. " Nemo enim unquani
imperium flagitio qucesitum, bonis artihus exercuit."*
* Tacitus, Lib. i, Hisst.
( 13 )
CHAPTER III.
A DOCUMENT written in the Latin language was found, after the
Revolution of 1640, in the Secretary's office, styled, " Counsel
given the King Phihp II. when the enterprise against the kingdom
of Portugal was in deliberation." This document, truly Ma-
chievelian, had been in the possession of the Count Palatine, and
is cited in Birago's History. It consists of nineteen articles each
recommendatory of a particular hue of policy, and all, with
one exception, of consummate iniquity.
My Hmits do not allow me to transcribe more than seven of
them, but they will suffice to give an idea of the kind of counsel
which sovereigns, called christian, receive, and in some instance?,
rely on, for the maintenance of unjust dominion.
" The acquisition of Portugal wiU faciUtate the creation of a
universal empire. To gain kingdoms no other right is requisite
but that of force."
" The incorporation of Portugal with Spain will render it very
easy to bridle Germany, to subject France, to reduce the naval
power of England, to intimidate the northern powers ; and your
potent majesty will be enabled to circumnavigate the world freely,
to spread colonies, to make commercial arrangements, to conquer
lands, and finally, to gain every thing worthy of empire. And
although the tilings undertaken are arduous, state precepts per-
suade that there never was a fitter opportunity."
" Let the kingdom be happy and cj[uiet for some years, in order
that those who at first were inimical to Spaniards, seeing the easy
yoke of Spain, may have the desire to be incorporated and united
with the latter, in whatever mode it may be done."
" Between them ( the members of the Braganza family, and
the grandees of Spain.) introduce enmity, so that amongst enemies
discord may spring up, and amongst your friends concord."
( 14 )
" It is equally to be procured that between the other nobles
and magnates, ( Spanish) and theirs, discord should exist."
" Finally, when they are weak and abject, they should be
excluded from all public appointments, and all principal secular
and ecclesiastical dignities should be given to Spaniards."
" In this manner all Spain will be reduced to one body, pacific
and secure : which God preserve in security and quiet."*
The article which is an exception in its spirit to the others, and
in some respects in contradiction to them, recommends no taxes
to be levied, no tribute to be exacted, and any suspicion of the
intention of demanding subsidies or contributions to be removed,
" by granting every sort of liberty, taking especial care to gar-
rison the forts and strongholds with Spanish troops."
The first Spanish viceroy of Portugal, Albert, Arch Duke of
Austria, was received hke his master, with curses, not loud but
deep. A celebrated preacher of the Jesuits, P. Luis Alvarez, was
appointed to deliver a sermon before him. The Jesuit took up
the subject of the palsied man restored to the use of his locomotive
organs at the pool of Bethesda.
The phlegmatic viceroy seemed not to understand the text that
was thundered in his ears. " Surge, — tolle grahatam tiiam et
ambula !" The cardinal who was sitting beside his highness
benevolently whispered in a language with which he was more
familiar, — " Most serene Prince, this means to say, ' Else, take up
your bundle, and go to your own house.' " " Serenissimo principe,
questo vuol dire, ' levatevi su, pigliate il vostro fardello et andate-
vene a casa vostra.' "|
While Philip's dominion in Portugal, ( says Birago,) was weak,
he was moderate and merciful, but he was no sooner firmly fixed
in the saddle of government, than he threw off the mask and gave
vent to the feelings of resentment he harboured against those who
had opposed his claim or his arms.
" Hence deaths were inflicted by a variety of means; sometimes
people were executed in prison, at other times in secret places, to
which many were transported, without respect to rank, age, sex,
or conchtion, put to death, and their bodies thrown into the Tagus.
• Historia dcUa Disunione, &c. del Birago, p. 120. This document is cited
also in the works of John Pinto Ribeiro.
■\ Historia della Disuuione de Portugal, del Birago, p. 104.
( 15 )
In such great numbers were these executions, that the fishermen
who followed then* occupation, ( in the vicinity of the tower of St. i
Juhan,) used to find their nets encumbered with dead bodies,
some dressed in monastic habits. Those poor people, believing,
in their simplicity, that their bad success at various times was /
occasioned by a malecUction falhng on the river, which had caused '
the fishes to abandon it, went to the archbishop, suppUcating /
him to take ofi:' the excommunication, and in complacency of
spirit, he yielded to the wishes of those simple people, and went ,
in solemn procession to the place on the river, and performed j
some rehgious ceremonies in accordance with their wishes, and
rumour says, the results were favorable to the fishermen." *
* * * * * "All these acts, however, were done by the
ministers of the king;, with such dissimulation and cunnino-, that 1
room was always left to think that these deaths arose from j)rivate {
secret causes. The numbers thus miserably put to death, far ex- '
ceeded 1000 persons." Birago greatly under-rates the number ; '
several writers of that period, estimate the number alone of the
clergy secretly made away with, by orders of the Spanish
government, in the vicinity of Lisbon, at more than double that
number. The fact of the persecution it was at length impossible
to conceal. All the professors, and others of the university who
had written against the claims of Philip, Avere deprived of their
appointments, banished, and pursued with the utmost rigor.
One of them, Doctor Luis Correa, a venerable old man who had /
obtained an asylum under the roof of the archbishop, by the !
special orders of the king, in a letter of reprehension under his I
own hand to the archbishop, was turned out of the house of the
latter. Another, Doctor Alphoe, was beheaded at Lisbon, on a
frivolous charge of being privy to the existence of the prior of i
Crato, in Portugal, at a period when the prior was out of thp
kingdom, a refugee in France.
The most effectual means were taken to destroy even the
memory of the old achievements of Portuguese valor, and the
spirit of commercial enterprise in the conquered country, till at
length the nation being supposed to be completely exhausted, the
son and the grand-son of Philip II. scorned any longer to keep
* Historia della Disunionc, &c. del Birago, p. 76.
( 16 )
any terms with the subjected people. All oiffices were filled
by Spaniards ; all fortresses garrisoned by them ; the ancient
nobility of the country scouted ; appeals from the Portuguese
courts of law referred to the Spanish tribunals ; and lastly, it was
determined to take away the outward forms and apparent
attributes of a state, and to make Portugal in name, as it was in
reality — a Spanish province.
" Restahat per edictum nam effectii jamerat declarare Lusita-
niam Castillce proviiitiam contra juramentum recfis." *
Philip II. died in Spain, the 17th of September, 1598. He
married, lilie Julius Caesar, four times ; but Caesar trusted to
his sword for his conquests, — Philip took a wife when he lusted
for a kingdom, or trembled for his own. He married the Princess
Mary of Portugal, the daughter of King John III. of Portugal,
and this marriage cemented the tie which gained him the
good will of King Henry of Portugal, and eventually brought
him a kingdom. He next married our Princess Mary, but that
speculation was a failure. His next wife was Isabella, commonly
called " of the Peace," daughter of Henry II. of France, which
marriage was the price of the pacification of Spain and France.
He lastly married Anne of Austria, daughter of the Emperor
Maximilian, and that union also contributed to the accomphshment
of his political designs. He would have married the widow of the
Duke of Braganza to compound his claim, but the wronged
woman had the virtue to resist the advances of the invader. His
successors, Philip III. and Philip IV., made no account of the
solemn compact he had entered into with the people of Portugal.
The country was treated as a conquered province, the people
as a foreign race, inferior in their intellects to the Spaniards,
incapable of governing themselves, and, therefore, every public
office was filled by Spaniards, or degenerate Portuguese. The
" grants, graces, and privileges," as he called his engagements of
1582, were no longer thought of. The ancient institutions of
Portugal, (notwithstanding " the graces," which reminds Irishmen
,of those of Charles I.) were changed, the church patronage
was disposed of by the renegade Vasconcellos, amongst the
minions pf the Spanish minister. The senate and chancery
• Lusitania Libcrata, p. 537
( 17 )
tribunals called the Rela9ao, were transferred from Lisbon to
Oporto ; a new system of legal rapacity was introduced ; a passion
for litigation was created and encouraged ; which led to the ruin
of litigants, and to systematized injustice hitherto unknown."*
The trampled country was legislated for in Spain ; burdensome
taxes were imposed on it without the consent of its authorities ;
the nobility were habitually summoned to attend the court at
Madrid ; their income was spent in a foreign country ; the youth
of the country was wasted in the wars of Spain ; its treasures
were applied to the payment of the expenses of those wars ; the
nation's pride in the ancient glories of its Sebastians, its Emanuels,
and its Sanchos, — in its hterature, in its conquests and discoveries,
was scoffed at, or regarded with suspicion as evidence of a
seditious spirit, — of an ancient hatred of the power, and jealousy
of the superiority, of the Spanish people. Many of the noblest
spirits of Portugal, became the victims of the suspicion of a
cowardly despotism ; but it is painful to find that the great body
of the people seems to have become degraded and debased by
despotism. Traits of servility, sycophancy, and greediness of
gain, are recorded by Faria and Vertot, which remind one of the
effects of the Turkish yoke on the minds and morals of the
people of Greece. We read of their receiving the Pliilips at
every visit of theirs to Portugal, with enthusiastic demonstrations
of joy, and professions of unbounded affection and attachment.
When the third Phihp appeared at the gates of Lisbon, for the
first time, Faria tell us, " Before they were opened to him, he had
already made his way through the hearts of the inliabitants."
They were slaves, and they were debased by slavery.
During the sway of the Pliilips, Sousa says, no man's life or
liberty was safe ; pubhc informers and secret spies were regularly
salaried by the state ; and no innocence was a shield against their
oaths and denunciations, f It was reputed a great crime to speak
on political subjects of any kind, and persons of distinction and in
authority, thus offencUng, were summoned to Madrid, to assist the
king with their counsel, and the unwary victims no sooner arrived
in Spain than they were consigned to noisome dungeons. |
• Historia de Portugal. Faria, p. 348.
t Sousa's Lusitania Liberata, p. 527.
^J Sousa's Lusitania Liberata, p. 226.
C
( 18 )
A great portion of the revenues of the mihtary orders, of the
vacant bishoprics, of charitable and pious institutions, were seized
on by the Spanish governors. The nobihty were called out of
the kingdom to serve in foreign wars ; the possessions of Portugal
were suffered to go to ruin, some were abandoned ; one of their
African strongholds was given up to the Moors. Sousa, the
ambassador of Dom John IV. in England, in his Lusitania
Liherata, gives an account, from official documents, of the various
tributes exacted by the Philips on Portugal, from 1619 to 1633,
amounting to upwards of six millions of crowns, exclusive of the
annual imposts levied in violation of the compact of the second
Pliilip, on various commodities, on the revenues of the clergy, and
on the product of the industry of the people. On one occasion,
from fifteen to twenty different taxes were levied en masse.*
In the reign of Philip IV. the tyranny of Spain in Portugal
reached its height. The prime minister of Spain, the Duke of
OHvarez, was a cold, calculating, astute, and unprincipled politician.
He might be looked on as the model of the Mazarine and Pitt
school of ministers. The grand maxim of this man Avas, that
" New conquests require to be exhausted." The whole aim and
object of his ambition, was to augment the power and enlarge
the territory of Spain. The cost of the attainment of these
objects, the sacrifice of life, of character, these triumphs occasioned,
were of no import. It mattered not how long these conquests
might be retained. Olivarez was content to say, let us extend the
limits of our kingdom and increase its power, — to-day let us be
called " the first nation," and to-morrow let the empire die. He
was a man after Pitt's own heart ; a gambler on a great scale,
who played for dominion, and staked the future prosperity and
revenues of his country on the turn of a card. The skill of the
shufi3.er was supposed to counterbalance the desperate terms of
the game. At this period the Duchess of Mantua filled the office
of vice queen, the duchess was nearly related to the sovereign,
and was nominally possessed of powers almost regal, but virtually
restricted and controlled by those of a Portuguse secretary of
state, in the immediate confidence of the Spanish minister.
The secretary, Vasconcellos, was a native of Portugal, a man
' Sousa's Lxisitauia Liberata, London, 1645, p. 321.
• Eevolutious iu Spain, vol. 4, p.
t Revolutions of Portugal, p. 639
639.
(
( 19 )
in the prime of life, descended from an ancient family, possessed
of no shining talents, but able and indefatigable in transacting the
business of liis office ; he was the Castlereagh of Portugal. All
his interests and his feelings were Spanish ; he sought only his
own advancement and the favor of the foreign minister ; he had
no attachment to liis country ; and that inclination for its good,
with which nature inspu^es most men, was neither felt nor affected
by liim. In the words of an old author (who wi^ote before our
Irish Vasconcellos was born,) — " he was entirely devoted to the
Spanish minister, and could not obhge him in any thing so much
as by keeping Portugal in oppression. He was a person of an
acute and penetrating judgment, indefatigably diligent, merciless
and unrelenting, without rehgion or friend s, and wholly taken up f
with the care ^fjn yentin £_ajid^establi§MQg new tax es, in order to
fill his own and his patron's coffers."* "The Spaniards," continues
the same author, "treated the Portuguese with the utmost tyranny,
imagining that being thus oppressed, their wretched condition
would keep it out of their power to attempt the shaking off of
their detested yoke. A particular care was taken to recommend
those maxims to aU such as had a share in the government of
those reahns."t
Thus, the kingdom of Portugal was united to the crown of
Spain. Thus, Portugal was governed by Spaniards for Spain,
under the iron rule of the three Pliihps, from the year 1580 to
1640, which was nearly as uifamous as that of the thi'ee Georges
in Ireland ; for it was impossible for it to have been much worse,
except in the times of Elizabeth and Cromwell.
( 20 )
CHAPTER IV.
Henry II. made the acquisition of Ireland by means altogether
different from those which the second Philip employed to acquire
Portugal. He set up no pretensions in right of kindred, or legi-
timate succession to the crown. He allowed his subjects to adopt
"the good old rule, the simple plan," to secure a footing in the
country ; and when intestine feuds had been fomented, the princes
and the chiefs set by the ears, and the whole nation sufficiently
bewildered and exhausted, to make liis appearance in the
distracted country not only safe to himself, but salutary in the
opinion of the people, he came as a benefactor, and was received
as one whose protection was essential to them against his lawless
subjects. But even so far as we have glanced at the wantonness
of power, and the abused prosperity of two great nations, possessed
more with a lust of dominion than a desire of governing well the
ample kingdoms committed to their care, we observe the tendency
of imperial ambition to push on incessantly its conquests and
encroachment, once the rein is given to its violence ; to make use
of all means to effect its object, without regard to justice, or the
inevitable results of its violation at some future period.
The morals of powerful nations are regulated and governed by
interests which seem, by a necessary law of their constitution, to
make the extension of dominion grow with the growth of empire.
" Vetiis et jampridem hisita mortalium potentice, cupido cum
imperii magnitudine adolevit erupitque."*
The operation of this inordinate lust of power and dominion,
however slow, is sure in its destructiveness. The same cause which
elevates and aggrandizes empires, brings them into ruin.
Augustus foresaw the evils and the end of the Roman aggran-
• Tac. Hist. 2.
( 21 )
clizement — " addideratque consilium coercendi intra terminas
imperii."*
Adi'ian not only counselled but prescribed bounds to be set to
his dominions ; because, as we are told by Quintus Curtius, he
deemed it "easier to enlarge than to retain them." But the
wisdom of Adrian, and the foresight of Augustus, are not to be
found in the pohcy of the princes of later times.
The maxim, that great nations must make great wars to advance
great interests, implies that great power is never stationary.
" Aut a^cendit — aut descendit ;" like the arrow in the air, it must
either rise or fall; and it necessarily follows, the higher it mounts,
the nearer it must be to the point of declination.
Seneca ascribed the decline of imperial power to the malign
influence of fortune — "fati maligna perpetuaque in omnibus rebus
lex est, ut ad summum perducta rursus ad infinum velocius
quidem, quam ascenderunt relabantur."
But the application of the maxim to the evils of decrepit domi-
nation, that the extension of its hmits or its power is essential to
its being, or that great nations must make great wars to maintain
their stations in the sphere of empires, is the mahgn influence of
folly, which Seneca ascribes to fate, that eventually brings down
the greatest empires, and far more speedily than they rose.
It has been justly observed by Livy, that " it was more easy
to cause the majesty of kings to descend from their summit to the
base, than to precipitate it from a middle to the lowest state."
Why not, then, rather prefer the security of that middle state
to the perils of the descent from the summit ? But false shame
forbids imperial interest to remain in statu quo, or to seek
security in " medias res;" and thus the efforts made to conceal
diminished power contribute to debilitate it still more.
An eminent Spanish author, Dom Savedra Faxardo, in a work
of inestimable value, " Idea de un Principe Pohtico y Christano,"
pubUshed in 1695, compares " the stabihty of a great empire to
that of a column self-sustained, the equihbrium of which, once lost,
it inclines and falls, and the heavier it is the greater is the velocity
of its descent." * * * * "So it is," he says, " with empires ; their
equihbrium is authority and good repute. When they begin to
• Tac. Hist. 1,
( 22 )
lose these they begm to fall, without power being able to sustain
them ; on the contrary, it tends to the fall of the very greatness
of kingdoms. A column perfectly upright resists gigantic eiforts —
one that inclines a child is capable of throwing down, because the
incUnation favours the impulse ; and, in falUng, there are no arms
strong enough to elevate it. An act overwhelms reputation, and
many other acts are not sufficient for its restoration, because there
is no stain that men try to efface that does not leave a mark, nor
opinion that is wholly changed." * * * *
" Infamy that is remedied leaves crevices in the visage ; and
thus the crown, not being planted on the upright column of jus-
tice, falls to the ground." * * * *
" Even when the ruin of empires stares us in the face, better is
to risk the loss than to lose the reputation by wliich only it can
be retrieved."*
The same profound thinker, who, in a long diplomatic career
had sounded all the depths and shoals of state poHcy, observed,
that " empires would be perjDetual if princes would accommodate
them well to their power, their power to their reason, and their
reason to existing circumstances."
As nothing can be reasonable that is not just, justice and
moderation are the bases on which the Spanish sage rests the hope
of an empire's perpetuation.
Spain in 1620 was at the acme of its power : the wealth of the
new world was pouring into that El dorado of the continent.
The surfeit of her prosperity distempered her rulers' brains.
They lusted for more dominion ; they aspired to the estabhshment
of universal sway in Europe. They dreamt of making a great
Iberian empire out of the united kingdoms of Portugal and Spain ;
of subjugating England by its invincible armada; of placing an
Infanta of Spain on the throne of France. As far as the magnifi-
cent iniquity of the scheme was concerned, the grandeur of this
" baseless fabric of a vision" was worthy of the conception of the
son of Charles V.
It cannot be said that no wreck has been left behind ; the
Escurial, the Armada, and the conquest of Portugal, are lasting
monuments of the wrecked ambition of the Spanish sovereign.
* Idea de un Principe Politico, por Savedra, p. 194.
( 23 )
The Kiiig of England, in 1172, played the game of the PhUips,
in France and Ireland, but for smaller stakes, and with some suc-
cess in the latter kingdom. He won it, but his successors were
not content to retain their winnings on the original terms of the
game, — the compact with the Irish people. They repented that
the latter had not been entirely " cleaned out," and as there was
no more play at " treaties," recourse was had to open robbery.
Thus, Ireland was cheated into acquiescence with British rule,
and then robbed of its advantages.
( 24 )
CHAPTER V.
Prior to the time of Henry II., the christian rehgion was
estabhshed in Ireland ; letters, as they were then cultivated in
Europe, flourished ; the state was divided into six principahties,
each of wliich had its ruler ; the nation one code of laws, (the
ancient Brehon code) ; and at the period of the descent of the
English adventurers, one sovereign, whose supremacy was ac-
knowledged by all, but which had httle more in it of the attributes
of supreme power, than a nominal recognition, and the periodical
assemblage of the chiefs and nobles of the land in the legislative
councils of the Royal House of Teamor.
The wars of succession of the various regal chieftains, the
necessary consequence of the pecuhar laws of descent and inheri-
tance (of Tanistry, as they are called), from the earhest times had
been productive of strife and bloodshed; the weakness that ensued
from them was at length taken advantage of by a handful of
needy adventurers, the aUies of a prince who had been driven
from liis possessions on account of liis crimes, Dermot M'Murrogh,
King of Leinster, of infamous memory.
This man's treason to his country originated partly in his
tyrannous conduct as a prince, and partly in the criminal courses
of liis private life.
The vengeance of O'Rorke, King of Breiffny, whose honor he
had injured, drove him from his country, and led to his alliance
with a foreign nation, like the Count Juhan, who invited the
Moors into Spain, to be revenged of the lung Roderick, whom he
suspected of dishonoring his daughter.
The fragment of Irish history of Maurice Regan, servant and
secretary to Dermot, translated into French, and from thence
into EngUsh, by the Lord President, Sir George Carew, gives
( 25 )
the most authentic account extant, not excepting that of Cam-
brensis, of the events connected with this foreign alhance.
I refer to it merely for facts omitted or but shghtly noticed in
Davies' Historical Tracts, which shew the nature of the descent
made in Ireland, and the success of the adventurers, and that of
their sovereign at a subsequent period. Dermot had gone over
to France in 1168, to soUcit aid from Henry II., who was then
in that kingdom, and had returned with vague and general
assurances of support, and some letters of license to his English
subjects to grant assistance, for which encouragement the Prince
of Desmond had " acknowledged Henry to be his lord, and pro-
mised to serve him faithfully during his life."
Dermot proceeded to Bristol, where he entered into negotiations
with Richard, Earl of Strigul (Strongbow), for succours to re-
establish liim in his kingdom. The earl refused to give the
required aid without the king's special license, the price of wliich
was to be the daughter of Dermot, "and after his death the king-
dom of Leinster." In the meantime Dermot was recommended to
go to Wales, " to visit a king called Hice (Fitzgriffiths), to desyre
him to enlardge out of prison a gentleman called Robert Fitz-
Stephen." The prisoner was set at large, and Regan was sent
with letters through Wales " promising all such as would come to
serve hym (Dermot) in hys wars in Ireland, large recompense in
landes of inlieritance to souch as would staye in the countrye."
The liberated prisoner, " and some nine or ten knights of good
account," got together a force "in allneare about the number of
300 horsemen and foot."
In 1169, according to Regan (Cambrensis says May, 1179),
this band of marauders landed at Bann, near Wexford, which
place surrendered to Dermot after two assaults. Dermot raised
3000 men, and with this force, and that of the Enghsh, proceeded
against the King of Ossory. A bloody battle ensued, which
endured from morning till night. Dermot was successful. " He
harassed and burnt all the country, and returned with a large
prey." Another battle with the men of Ossory took place with
like result ; " two hundred and twenty were slaine, whose heads
were presented to Dermot." Cambrensis makes the number three
hundred, and relates an exploit of Dermot worthy of him : — Among
the heads he found one of a man to whom he bore a mortal hatred ;
( 26 )
he took the head up by the hair and ears, and bit away the nose
and hps.*
He proceeded making various forays in the territories of the
chiefs of Ossory, Leix, and OiFaley, till 1170, when O'Connor, the
" monarque of Ireland," with an army of 60,000 men, intended
for the siege of Dublin, was signally defeated at Finglass.
In 1172, previously to the king's arrival, Waterford, Wexford,
and Dublm were in possession of the English adventurers. The
number that had come over previous to 1170, according to
Regan, was 300 with Fitz-Stephen — with Maurice Fitz-Gerald,
number blank — with Remond le Grosse 10 knights and some foot,
not exceedmg 100 (Cambrensis says 300) — with the Earl of
Pembroke 1500 or 1600 soldiers. But in 1170, Miles de Cogan
was at the head of 700 — Remond le Grosse's regiment was 800
strong ; the total number of English being 4500.
In 1172 Henry II. landed near Waterford, attended by the
Earl of Pembroke (previously recalled from Ireland), "with divers
other lords, earls, and barons, besides 400 knights and 4000
solcUers."
The following year the news of the Prince Henry's rebellion
obliged the king " to take provisional orders" for the affairs of
Ireland, which having accomplished, he embarked at Wexford
for his kingdom, having attempted no enterprise against the un-
subdued natives of Ireland, contenting himself with receiving the
nominal submission of many chiefs, according to Cambrensis, of
" all Ireland, saving Ulster ;" and, on Davies' authority, of " all
the petty kings or great lords within Leinster, Connaught, and
Munster, who submitted themselves unto him, promised to pay
him tribute, and acknowledged him their chief and sovereign
lord."t
Henry never drew the sword in Ireland, nor aspired to any
other higher title than " Lord of Ireland," nor demanded other
subjection of the chiefs and kings than that degree of submission
which consisted in paying tribute, leaving with them " all other
points of sovereignty," in the words of Davies, and in all his
• Harris's Hibernica, p. 17.
f Sir John Davies' Discovery of the true causes why Ireland was never
thoroughly under obedience to the Crown of England, p. 8.
( 27 )
compacts with them, the style of kings, as in his compact with
Roderick in 1175. Rodericum regent conactce. In the reign of
his successor, and hkewise of Richard II., the same regal titles
were given to the native rulers in all pubhc documents. In the
reign of Henry III. the title of king was given to the king of
Thomond — to another "regulus" — senior to a third; and down
to the reign of Ehzabeth similar titles of the petty kings and
prmces were recognised and given, in numerous documents stiU
existing in the records of the Irish chancery and exchequer.
Conquest there was none ; nor is there any claimed by the
English historian of any eminence who treats of those times,
" until the 39th year of Queen Elizabeth, when that royal army
was sent over to suppress Tyrone's rebellion, which made an end
of, and absolute conquest of, all the Irish."*
The " absolute conquest" spoken of in this passage is somewhat
at variance with the title of the author's book, wherein his
inquiry is plainly founded on the fact, that " Ireland was never
brought under obechence to the crown of England."
From the time of Henry II. to the end of Cromwell's reign,
Ireland was garrisoned, not governed, by England. Wars with
the English, that were called rebelhons, were the rule — truces,
that did not deserve the name of peace, the exception.
It was not until the reign of James I. that a disposition was
shown in Ireland to own allegiance to the British crown ; in the
reign of the second Charles that there was a more general acqui-
escence in the claim of Enghsh sovereignty ; and in the reign of
his successor, a complete acknowledgement of allegiance to the
sovereign who sat upon the Enghsh throne. The revolution, the
Irish people thought, did not abrogate their allegiance to the
Stuarts ; they clung with desperate fidelity to the royal cause.
They were defeated at the Boyne, but their devotion, ill-deserved
though it was, to the fallen Stuarts, was not conquered, and the
accession of the daughter of James II. to the throne, in the person
of Queen Anne, was the means of transferring once more their
allegiance to the crown of England.
Hume was not unmindful of their fidelity as subjects, when he
described the cathohc people as, " loyal from principle, attached
' Sir John Davies' Discov. &c., p. 4.
( 28 )
to regal power from religious education, uniformly opposing
popular frenzy, and zealous vindicators of royal prerogatives."
The chiefs and princes who submitted to Henry II. retained
their own customs and laws, even so late as the reign of Elizabeth.
The tanistry law of descent prevailed; and the brehons, or
judges, chosen by the Irish tribes, were the cliief dispensers of
the law.
Previously to the reign of James I. no regular circuits were
established, nor did the king's writs extend into the provinces.
Till the reign of Edward VI. the English government was con-
fined to a colony which occupied a space of about twenty-six
square miles.
An act of parliament of Henry VIII. the 13th year of his reign,
chapter 3, declares, " there are only four shires where the king's
laws are occupied on this land," namely, Dublin, Kildare, Meath,
and Louth.*
The occupation of Ireland in the different reigns referred to,
(the extension of " the pale" to the precincts of the strongholds
successively acquired), resembled very much the establishment of
Enghsh power on the western coast of Africa, and as it exists
to this day, at all the British settlements south of Sierra Leone,
and northward of the Line. The fortified places and the territory
within the range of the guns of the several forts, formed the pos-
sessions wherein British law was supposed to prevail, and beyond
which British power hardly extended, except when occasionally
put forth against hostile tribes in their vicinity. The coast was
garrisoned, but the country remained unconquered, and unpos-
sessed by the sea-board settlers.
The question of Ireland's separate and distinct existence, as
an independent kingdom, being recognised by the first English
sovereign who received the submission of the principal rulers and
chiefs of the Irish septs, on their entering into treaty with him, is
not contradicted.
Henry, on his return from Ireland, gave the lordship of Ireland
to his youngest son, John, " Sans terre," as he was called, and
the Pope confirmed the gift, and sent him a crown of peacocks'
feathers. Whether his holiness was prone to waggery or not,
• History of the Irish Parliament, by Lord Mountmorres, vol. i. p. 42.
( 29 )
J • history Joes not inform us. The value of the confirmation is not
< ^ oi much importance — if it were of consequence, the following
i s allegation of the motives which induced his holiness to make a
t ^ present of Ireland to young " Lackland's" father, might be read
I A with some interest. The bull of the Pope, investing Henry 11. with
s~^\n the lordship of Ireland, sets forth the object of the king in flying
1 , colours : — " to enter the island of Ireland, in order to reduce the
I K people to obedience, into laws, and to extirpate the seeds of vice."
> ***(.' ^Yg therefore, with that grace and acceptance suited
v\ to your pious and laudable designs, and favourably assenting to
^ your petition, do hold it good and acceptable, that for extending
the borders of the church, restraining the progress of vice, for the
>j^ correction of manners, the planting of virtue, and the increase of
^ religion, you enter this island and execute therein whatever shall
V appertain to the honor of God, and welfare of the land." * * *
How faithfully were these designs carried into execution, by
Henry and his successors, by Henry VIII., Edward III., James,
Charles, Elizabeth, Cromwell, the second Charles, William, Anne,
"^ and bv three of the Georges !
When the lust of dominion, and the rage for territorial plunder,
^ and the concomitant hatred of the oppressed and plundered, takes
V possession of the breasts of sovereigns, why cannot they leave the
holy name of religion unprofaned, the blessed aim of planting
virtue, restraining vice, and correcting manners, unpolluted by
V
"^^ these pretensions ?
The separate, distinct, and independent state of Ireland, con-
tinued under the lordship of John, during the reign of Richard I., / .V '
and when the former succeeded his brother Richard, by the
elevation of the lord of Ireland to the English throne, the two
crowns were united in John's person, and Ireland ceased to be a
J separate nation, but still continued a distinct kingdom.
\, The question of the kind of dominion which England gained
^ over Ireland, is one that peculiarly belongs to the subject of this
^ volume. It is nothing short of the greatest absurdity or most
^ \ stupid arrogance to treat this matter as a mere topic of antiqua-
^ rian interest. It is of vital interest to the question of the justice
or injustice of the withdrawal from Ireland of the distinctive
attribute of an independent kingdom.
The dominion gained over Ireland by the sister kingdom, must
/(/%U^-f
/.
//.A.
.ttZ 1^^/^^^ c^VL ^-1-/A.^ ^^/X ^f)
( 30 )
have been effected by one or other of the following means : — by
conquest, or inheritance, by purchase, by cession, or assent.
Ireland, certainly, was neither conquered, inherited, nor pur-
chased.
The princes and cliiefs of Ireland who had suffered from the
ravages of the lawless and rapacious English adventurers, whose
excesses appear to have been as barbarous as they were impo-
litic, hailed the presence of Henry in Ireland with joy, for some
of them had been already in communication with him, remon-
strating against the cruel and wanton acts of his subjects, and had
been given to understand that these proceedings of the adven-
turers were not countenanced by him. They entered into treaty
with him on his arrival, agreed to acknowledge him as their liege
lord, on condition of receiving all the protection and privileges
which were conceded to his own subjects.
The hmited and conditional dominion acquired by Henry
became gradually extended, though invariably resisted whenever
it passed the original limits ; and finally, in subsequent reigns,
when the force of tyranny and of circumstances rendered resist-
ance unavailing, the authority unjustly extended was acquiesced
in, leaving the right, however, to be reclaimed and recovered to
the possession of the same institutions which England enjoyed.
( 31 )
CHAPTER VI.
The nature of the dominion gained in Ireland by Henry 11. and
his successors is the subject of this chapter,
Davies commences his work with an inquiry, " whether the
Enghsh forces in Ireland were, at any time, of sufficient strength
to make a full and final conquest of that land ?" and leaves it to
be inferred that no such conquest had been made, notwithstanding
aU the " extraordinary armies transmitted out of England."
We have seen what the amount of the extraordinary army was
in the time of Henry II. — a handful of needy adventurers, with all
their reinforcements not exceeding 5000 or 6000 men, and what
the extent of their acquisition was, namely, the possession of
the capital and three or four towns of importance.
Henry came and went, and did not conquer ; for Davies tells us
he departed " without di'awing the sword," " not leaving behind
him one true subject more than those he found there at his coming
over, which were only the EngUsh adventurers spoken of before."
He calls that state of dominion " a perfect conquest of a country
which doth reduce all the people of a country to the condition of
subjects; and those I call subjects, which are governed by the
ordinary laws and magistrates of the sovereign. For though the
prince doth beare the title of sovereign lord of an entire country
(as our kings did of all Ireland), yet if there be two third parts of
that country wherein he cannot punish treason, murder, or theft,
unless he sends an army to do it, if the jurisdiction of his ordinary
courts of justice doth not extend into these parts to protect the
people from wrong and oppression, — if he have no certain revenues,
no escheats, or forfeitures out of the same, I cannot justly say
that such a country is wliolly conquered.
"*
■Discovery of the true cause." Edu. 1747. Page 10.
( 32 )
Vattel, in his admirable work,* makes six distinct states of in-
dependence of kingdoms, in partial subjection to others, superior
to them in strength.
The 1st, " Des etats Ues par des alhances inegales."
2nd, " Des etats lies par les traites de protection."
3rd, " Des etats tributaires."
4th, " Des etats feuditaires."
5th, " Des etats soumis au memo prince."
6th, " Des etats federatives."
Respecting the first he says, " On doit done compter au nombre
des Souveraines ces etats qui sont hes a un autre, plus puissant,
par un alliance inegale dans laquelle, comme I'a dit Aristote, on
donne au plus puissant plus d'honneur, et au plus faible plus de
secours. Les conditions de ces alhances inegales peuvent varier
a I'infinie. Mais quelle quelles soient, si pourvu que I'allie infe-
rieur se reserve le souverainete, ou le droit de se gouverner par
lui-meme, il doit etre regarde comme un etat independant, qui
commerce avec les autres sous I'autorite de droit des gens."
This droit des gens, he tells us in a preceding chapter, imposes
a general obligation, — a primary law which binds the society of
nations. " Que chaque nation doit contribuer au bonheur, et a la
perfection des autres, de tout ce qui est en son pouvoir." And in
a note he cites the following passage from Xenophon, " If we find
a man always seeking his own advantage without troubling him-
self with his duty to others, nor the obligations of friendship, why
should we spare him when an opportunity presents itself?" Of
dominion acquired by treaties of protection, Vattel says : — " Un
etat faible qui pour sa surete se met sous la protection d'un
plus puissant, et s'engage en reconnaissance a plusieurs devoirs
equivalens a cette protection, sans toutefois se depouillcr de son
gouvernement et de son souverainete, cet etat, dis-je, ne cesse pas
pour cela de figurer parmi les souverains qui ne reconnaissent
d'autre loi que le droit des gens."
Of tributary states, he says : — " II n'y a pas plus de difiiculte
a regard des etats tributaires. Car bien qu'un tribut paye a une
puissance etrangerc, diminuc quelque chose do la diguite de ces
etats, etant un avou de leur faiblcsse, il laisse subsister entierement
• Le Droit des gens, par Vattel. 1802. vol. i, p. 26.
( 33 )
leur souverainete." Of feudal states he says: — "Lorsque I'hom-
mage, laissant subsister I'independance et I'autorite souveraine
dans radministration de I'etat, emporte seulement certains devoirs
envers le Seigneur du fief, au meme un simple reconnaissance
lionorifique, il n'empeche j>oint que I'etat, ou le prince feuda-
taire, ne soit veritablement souverain."
Of two states submitted to the same prince, he says : — " Deux
etats souverains peuvent aussi etre soumis au meme prince, sans
aucune dependance de I'un envers I'autre, et chacun retient ses
droit de nation libre et souverain."
Of states forming a federative republic, he says : — " Enfin
plusicurs etats souverains et independans peuvent s'unir ensemble
par un confederation perpetuelle, sans cesser d'etre chacun en
particulier un etat parfait. lis formeront ensemble un republique
federative : les deliberations communes ne donneront aucune
atteinte a la souverainete de chaque membre, quoiqu'elles en
puissent gener 1 exercise a certains egards en vertu d'engagemens
volontaires."
There are some inaccuracies in the preceding observations, with
respect to the nations subjected to the Romans, being governed
by their own laws.
The nature of these institutions, the degree of independence,
Habihty to tribute or taxes, or exemption from them, we find, by
the fifteenth book of the Pandects, entirely depended on the
nature of the rights accorded to them, whether colonial, muni-
cipal, or Italic* Nor is it the fact, that the deprivation of the
power of making war or alliance, is a proof of servitude or com-
plete dependence.
In the case of the federal states, when they voluntarily enter
into engagements, whereby they leave matters of external policy
to a congress, in which they are represented, they do not relin-
quish their independence. The true and indisputable evidences
of complete subjection to a foreign power, efiected by force of
arms or menaced violence, is unqualified submission to the victor
or invader, — without any stipulation for the enjoyment of their own
laws, the maintenance of their own institutions, or the communi-
• Lib. Digestorum 50us ild mauicipalera et de incolis, ap. corpus juris civilis
a Gothofredo. Cologne, 1616, page 1815, vol. i.
D
( 34 )
cation of those of the people who have gained complete dominion
over them. Here then, we have all the forms of partial subjec-
tion set forth, and in none of them is that partial subjection held
to be a status fatal to independence.
A state that has passed under the unqualified domination of
another, is thus spoken of by Vattel : — " Mais un peuple qui a
passe sous la domination d'un autre, ne fait plus un etat, et ne
pent plus se servir directement du droit des gens. Tels furent les
peuples et les royaumes que les Remains soumirent a leur empire,
la plupart meme de ceux qu'ils honoroient du noms d'amis et
d'allies, ne formaient plus de vrais etat. lis se gouvernaient dans
I'interieur par leur propre lois et par leur magistrats, mais au
dehors oblige de suivre en tout les ordres de Rome n'osaient faire
d'eux meme, ni guerre, ni aUiance : ils ne pouvaient traiter avec
les nations."
In Molyneux's Case of Ireland, in rebutting the claim set up
to Ireland as " a colony of England," reference is made to the
state of subjugation in which' the conquered, or otherwise acquired,
possessions of Rome, were held under the name of colonies.
It seems to me, the nature of the tenure and government of
those territorial spoils or acquisitions of Rome, is disparaged by
any comparison with the kind of occupation which passed for
government in Ireland.
The Romans made a very broad distinction in the institutions
they gave or left with the people of countries and kingdoms volun-
tarily connected with them, or violently reduced to subjection,
distinguished for their heroism, or degraded by former servitude.
The territories acquired, and even particular cities and towns,
were ruled under various degrees of imperial favour, and with
immunities and privileges of different kinds : some had conferred
on them what was called the "jus Latii," and subsequently "jus
Italicumf others, the "jus coloniarium," and others the "jus
municipiorum." The Italians, who had linked themselves to the
fortunes of Rome, were looked on more as fellow-subjects than
foreign alhes or feudal vassals. They were permitted to enter the
Roman legions — magisterial offices were open to them, and had
equal privileges with the Romans, with the exception of the ex-
ercise of the suffrage. Eventually the latter was conceded to
them, and first to them, of all the nations in subjection to the
( 35 )
Romans. Hence, this liigh privilege was called "jus Latii." In
its extended form it was called "jus civium," and was accounted
the highest distinction of all conferred on those who were not
natiu'al born subjects. This state of goTernment was_the summit
of the ambition of the subjected nations (who had no power to
recover their independence). Next to it, in point of dignity, was
that of a province or a city called Colonia. In some instances the
"jus Latii" were superadded to their other privileges. The title
and immunities of the system, called " municipiiim," are by some
authors considered of greater eminence than those of the colonial ;
the great distinction between them appears to have been the pri-
vilege of retaining their own laws and customs, conceded to the
people, entitled " municipes.'"
But the great distinguisliing characteristic of Roman conquest
and domination at all times, and in all countries, seems to have
been its readiness to communicate its laws to the people subjected
to its power, and its wisdom in abstaining from forcing its religion
on the natives it had reduced by force of arms, acquu'ed by its
wily pohcy, or terrified into submission by the privilege of its
power.
Puifendorf, in his great work on the rights and duties of citi-
zens, has treated the question of the employment of force against
foreign nations in the following plain terms, which no sophistry
can pervert from their obvious, rational, and philosophical signifi-
cation. The only objection that can be raised is to the reference
to the disposal of captives, which is unworthy of the author.
" No just and legitimate war can be made except for three gene-
ral causes : — To defend ourselves and what belongs to us from an
unjust aggressor; — or, to bring to reason those who refuse to
render what they are indebted to us ; — or, to obtain reparation
for damage or a wi'ong which they have done us, and security
that will leave no injury to be feared in future at their hands.
The wars which are undertaken for the first cause are defensive,
and for the other two motives offensive."*
In the chapter devoted to the consideration of the question,
" of the different methods of acquiring sovereignty, especially in
a monarchy," he says : — " Every legitimate government is founded
* Puffcudorf, lib. xi. chap. 16.
( 36 )
on the consent of subjects, — but on that consent in diiFerent ways.
Sometimes a people is constrained, by force of arms, to submit
to the domination of a conqueror, — sometimes, also, the people, of
its own special movement, offers to some person the sovereign
authority, and confers it with a full and entire liberty."
" One acquires, or, rather, according to the common mode of
expression, one seizes on the sovereignty by way of conquest,
when, having a just cause of war against a people, that people is
reduced, by the superior force of arms, to the necessity of
submitting henceforward to one domination."
" This legitimate conquest is founded not only on the circum-
stance of the conqueror being able, if he wished, to make a
rigorous use of the right of war, to take away the hves of the
vanquished, permitting them to ransom their lives at the expense
of their liberty, as the least of the two inevitable evils, by which
he exercises, besides, a praise-ivorthy act of clemency."
" But still it may be said, that the vanquished, having engaged
in war against him, after having offended him, and refused the
just satisfaction they owed him, they are consequently exposed
to the fate of arms, and have tacitly consented beforehand to all
the conditions that the conqueror may impose on them." *
Now, it is not pretended by any historian, that the adventurers
who were the subjects of Henry II., made a just and legitimate
war on the Irish. They made war for territorial plunder, and
stipulated for the spoil before they quitted their own land — for
their " cantreds" of lands in Wexford and its vicinity, as we find
by the account of two contemporary writers.
As for Henry, he made no war in Ireland ; he went there
rather to prefer his sovereign claim to the chief territorial spoil
of his plundering subjects, than to pillage on his own account.
Indeed, the force he brought with him was insufficient for any
extensive marauding in any of the provinces. But, on any
of the grounds laid down by Puffendorf, he certainly was not
justified in sharing in the spoils.
He had received no injury from the Irish; they owed him
nothing ; he had no plea of aggression, for seeking to secure his
dominions by invading their territory.
* PiiflFendorf, lib. xi., chap. 10.
( 37 )
CHAPTER VII.
Resistance to invasion and domination, partially and tempo-
rarily subdued, or in other terms the suppression of rebellions, at
various periods, in different parts of the country, is the principal
ground on which early English dominion is founded in Ireland. '
This is the kind of conquest, in right of which Coke and
Blackstone claimed for England the power to make laws for
Ireland. Many rebellions have been put down in England and
Scotland, but the Scotch and English people are not accounted
conquered, — and if they were so, the conqueror would still be
bound to make all the amends in his power to the subdued
nation for the calamities which liis hostilities had brought upon it,
by means of good government.
A faithful discharge of engagements, — toleration in matters of
religious opinions, — and the maintenance either of the laws and
customs of the country ; or the introduction of those of the
conqueror, with the concurrence, or in reality for the advantage,
of the conquered nation.
Puffendorf, (in a passage cited in a previous chapter,) speaks of
a perfect conquest giving a right to a victor to dispose of the
lives and liberties of the vanquished — to kill or enslave the latter
at his option. Puffendorf, however, stands alone in the maintenance
of this opinion. Vattel and Filangeri admit the power, but do not
recognize the right ; on the contrary, they acknowledge no just
cause of war, but the maintenance of the honor and security of
a state, by means that are just as well as humane ; and con-
sequently, the highest injustice that man can commit on man,
namely, reduction to a state of personal or political slavery,
deprivation of just laws, and the violation of those of humanity,
receives no sanction from them.
( 38 )
Sufficient has been said to show that in any sense of the term
conquest, Ireland cannot be said to have been acquired, or to be
retained, by any rights which that term imphes.
This fact is plainly admitted by Sir John Davies, the Enghsh
attorney-general of James I., in the title of his work, written and
published in the reign of that sovereign ; though, strange to say,
in the first chapter of that treatise he contradicts his title, and
states that Ireland was conquered in the 39th year of the reign of
Elizabeth ; and again contradicts that assertion in the last chapter,
and states, that it was not till the reign of the sovereign then on
the throne, James I., that the conquest of Ireland was achieved.
The real nature of the original connexion between the two
countries is very plainly set forth in the following passage of Sir
John Davies ; nothing less like a foundation on conquest can be
conceived : —
"For they (the Irish) governed their people by the Brehon
law : they made their own magistrates and officers ; they par-
doned and punished all malefactors within their several counties :
they made war and peace one with another without controlment ;
and this they did not only during the reign of King Henry II.,
but afterwards in all times, even until the reign of Queen
Ehzabeth: And it appear eth what kind of subjects these Irish
lords were, by the concord made between King Henry II. and
Roderick O'Connor, the Irish King of Connaught, in the year
1175, which is recorded by Hoveden,* in this form : — " Hie est
finis et Concordia, inter Dominum Regem Anghae, Henricum,
filium Imperatricis, et Rodericum, Regem ConnactsD, scihcet, quod
Rex, &c. Angha concessit praedict. Roderico hgeo-homini suo,
ut sit Rex sub eo paratus ad servitium suum, ut homo suus," &c.
Yet the right of making laws in the English parliament to bind
the kingdom of Ireland is claimed by Sir Edward Coke, in virtue
of the power acquired by conquest.
In Sir Edward Coke's seventh report, in Calvin's case, he
proves, from many authorities, that Ireland is a separate and
distinct kingdom, out of the year-books and reports — one of which,
from the year-book second of Richard III., in the exchequer
chamber, runs thus : —
* Davies, apud Hoveden, in Henrico Secundo, fol. 312,
( 39 )
" Quo ad primam questionem dicebant quod Terr. Hibenii^e
inter se habent parliamentum et omnimodo cur. prout in Angl. et
per idem parliamentum faciunt leges et mutant leges, et non
obligantur per statuta in Anglia, quia non hie habent milites par-
liamenti, sed hoc intelhgit de Terris et rebus in terris ilhs tantum
efficiendo sed personas earum sunt subjecti et tanquam subjecti
erunt obhgati ad aliquam rem extra terram illam faciend. sicut
habitantes in Calesia Gascoigne, Guien," &c. " In banco regis hie
in Anglia."
Molyneux, by whom the preceding extract is cited (page 91),
observes, that " Coke, in liis transcription of this passage, has
given a broken and unfaithful citation, by introducing, in a pa-
renthesis, after the words ' Ireland has a parliament, makes and
changes laws, and is not bound by statutes made m England,' the
following sentence ' (which is to be understood, unless they be
specially named).' " Molyneux has not noticed the singular fact,
that in the first edition of " Coke's Institutes," the interpolated
passage does not exist.
His dictum is laid down without any argument or authority ;
but elsewhere, in the report of the same case, fol. 17, he says —
" Though Ireland be a distinct dominion from England, yet the
title thereof being by conquest, the same, by judgment of law,
might by express words be bound by the parhament of England."
Molyneux asks "what Coke meant by judgment of law, —
whether he meant the law of nature and reason, or of nations, or
the civil laws of our commonwealth, in none of which sense, I con-
ceive, will he or any other man be able to make out his position."*
However, Coke sufficiently refutes himself in the fourth Insti-
tute, at page 349 : " 'Tis plain that not only King John (as all
men allow), but Henry II., also the father of King John, did
ordain and command, at the instance of the Irish, that such laws
as had been in force in England should be observed and of force
in Ireland." Hereby Ireland being of itself a distinct dominion,
and no part of the kingdom of England, was to have parhaments
holden there as in England ; and at page 12, Coke tells us, " that
Henry II. sent a Modus into Ireland directing them to hold their
parliaraents."t
• Molyneux's Case of Ireland, &c. p. 117.
t MolTneus, page 121.
( 40 )
' " But to wliat end was all this," observes Molyneux, " if Ireland,
nevertheless, were subject to the parhament of England ? The
king and parliament of these kingdoms are the supreme legisla-
tors. If Ireland be subject to two (its own and that of England),
it has two supremes ; 'tis not impossible but they may enact dif-
ferent or contrary sanctions — which of them shall the people
obey ?" The same right is claimed by Blackstone, on similar
grounds, yet with all the hesitating uncertainty of a mind
unconvinced of the truth of its own conclusions : —
" The original and true ground of this superiority (of Britain
over Ireland) is what we usually call, though somewhat improperly,
the right of conquest — a riglit allowed by the law of nations, if
not that of nature, but which, in reason and civil law, can mean
nothing more than that in order to put an end to hostilities, a
compact is either expressly or tacitly made between the conqueror
and the conquered ; and if they will acknowledge the victor for
their master, he will treat them for the future as subjects, and not
as enemies."*
The right claimed on the ground of conquest, that is here relied
on, is, nevertheless, acknowledged to be " somewhat improperly
so called ;" ergo, the idea of conquest is one that arises in error,
and the superiority claimed falls to the ground. But even if the
right existed, and the claim was well founded, are there no bounds
to the tyranny of the conqueror, or the power in virtue of which
he has made contracts or conditions with the conquered people ?
Montesquieu says, " Conquest being a necessary, lawful, but
unhappy power, which leaves the conqueror under a heavy obliga-
tion of repairing the injuries done to humanity."
The mere dicta of those great lawyers is all that has been left
by them with respect to the fact from which the riglit is deduced.
• Coke's and Blackstone's knowledge of English law, vast as
it was, does not necessarily imply a co-extensive knowledge of
Irish history ; and even if those great luminaries of the legal
profession had ten times the amount of black-letter erudition, and
acquaintance with all the subtleties of precedent and prescription
of English jurisprudence, of its written and unwritten law, which
they possessed, it is possible, nay, very probable, in a question
• Blackstone'a Commentaries, vol. i., page 10.3. Edn. London, 1809.
( 41 )
that involved the rights and privileges of nations, the opinion of
Sir Wilham Scott, a common-law lawyer of no extraordinary
repute, on such a subject would be held entitled to much liigher
respect : that the authority of Vattel, in any case that concerned
"the rights of men," or of PufFendorf, in any matter that affected
"the reciprocity of their rights and duties," vrould outweigh that
of the Institutes of Coke, or the Commentaries of Blackstone.
In the estimation of men of common sense who looked for justice,
and not " reasons of state" decisions, on such subjects, and loved
truth better than dominion, preferment, or imperial power, it
could not be otherwise. But if, in great constitutional questions
affecting the hberties of a people, the mere dicta of great lawyers,
however learned they may be " in the matters of the law," are to
disauthorize the doctrines of eminent constitutional statesmen, if
the opinions on such questions of Coke and Blackstone, to say
nothing of the Jeffries, dead or living, or of the Eldons and the
Lyndhursts, or the Pennefathers of a later day, are to be held
of more weight than those of the Sidneys, the Hampdens, the
Eussells, or the Floods and Grattans of our own country, woe be
to that land Avhicli makes such men the arbiters of pubhc hberty,
and triple woe to the unfortunate nation whose weakness is
exposed to the fatal effects of legal iniquity brought to the sup-
port of imperial injustice !
When a legal sanction is sought, for aggression on the rights
or territorial possessions of a weaker power, judges are seldom
appealed to in vain, — they are expected to give the state the
countenance of the laws, and seldom in any age, or in any country
has it been withheld, — " ne ccesarem offensionem impingerit."
Deference to the wishes of the sovereign, or servile subjection
to the general opinion of the state, is carried to great length by
great lawyers.
The memorable saying of Grattan applies not to the great law
lords of any particular age or country, but to all their class, with
few exceptions, and the brighter and more remarkable on that
account : " The judges are bad arbiters of pubhc liberty. There
is no act of power for which they have not a precedent, nor any
false doctrine for which they have not a judicial authority."
( 42 )
CHAPTER VIII.
The grand question at issue between the advocates and opponents
of the contested right of Irish independence, is now to be consi-
dered ; namely, the right of Ireland to the laws and institutions
of England.
The nature of the original connexion between England and
Ireland ; of the federal contract entered into by Henry II. and
his immediate successors, with the Irish people ; the peculiar
privileges conferred or withheld by the early sovereigns, — these
are matters which must be ascertained before that^question can
be answered.
Cambrensis, speaking of the terms entered into by the Irish
chiefs with Henry II., says, " Rex Corcagiensis Dormitius advenit
ei et tam subjectionis vinculo quam fidehtatis sacramento rege
Anglorum se sponte submisit."*
! On the voluntary submission of the Irish, each of the kings,
prelates, chiefs, &c., gave I^ng Henry an instrument under his
seal in the manner of a charter, granting and confirming the
whole kingdom to the king, and constituting him, and liis heirs,
Lords of Ireland for ever. Henry made a suitable return for
the homage and fealty sworn him by the kings of Ireland ; before
he left Ireland he called a general council of parhament at Lismore,
in which the laws of England were freely, gratefully, and unani-
mously received and ratified by the oaths of the parties ; in the
words of Matthew Paris, in his life of Henry II. " Rex Henricus
antiquam ex Hibernia rediret apud Lismore concilium congregavit,
ubi leges leges AnghsB sunt ab omnibus gratantur et Juratoria
cautione prestita confirmatae."
• Case of Ireland, ap. Camb. Edition, 1698, p. 9.
( 43 )
Thus the laws of England were received and confirmed by
common consent in council, and the constitution of Ireland was
estabhshed on the same principles on which that of England was
founded, " Ireland being made a free, independent, and complete
kingdom under the crown of England." This was done without
the interposition of the English parliament, by the sole authority
vested in the king by the people of Ireland, as they were repre-
sented by their kings, prelates, and nobles.
On Henry's return to England he sent to Ireland a " Modus
tenendi parhamentum," or, form of holding parliaments there,
similar to that wliich prevailed in England. Tliis document no
longer exists, but its exemphfication by Henry IV. is cited by
Coke, in the 4th Inst, cap. 1 and 76, as an authentic document.
The title of this Modus runs thus, "Henricus, Rex Anghas
Conquestor et Dominus Hibernise, &c., mittit banc formam Archi-
episcopis, Episcopis, Abbatibus, Privibus, Comitibus, Baronibus,
Justiciariis, Vice Comitibus, Majoribus, Prsepositis, Ministris, et
omnibus Fidehbus suis terra Hibernise tenendi parhamen-
tum." &c.*
This form, Molyneux observes, agrees for the most part with
the Modus said to have been allowed by Wilham the Conqueror,
when he obtained the kingdom of England. Selden questions
the authenticity of this document, and Pryn rejects both the
Eno-hsh and Irish Modus.
Coke, on the other hand, strenuously contends for the authenti-
city of both. Pryn's cliief objection is to the word, "parhament,"
which, he states, at the time of Wilham the Conqueror, and of
Henry II., was not given to the great council of England.
His other objection is to the word " Sheriffs," on the ground
that they were not estabhshed in Ireland in Henry's reign.f Yet
the words " Vice Comes" is used in the Irish Modus.
Molyneux observes, that "it is reasonable enough to imagine
that the name parhament came in with Wilham the Conqueror."
'Tis a word perfectly French, and he sees no reason to doubt its
coming in with the Normans.
To the other objection he answers, " that Henry II. intending
to estabhsh in Ireland the form of government of England, as the
• Molyneux.
t Molyneux's Case of Ireland, p. 29.
( 44 )
first and chief step thereto, he sent them directions for the holding
of parhaments, designing afterwards, and in due form, to settle
the other constitution agreeable to the model of England." * *
" Sheriffs were established in some counties in Ireland in
King John's time."
The exemplification in the sixth of Henry IV., cited by
Molyneux, Coke states was made by " inspeximus," under the
great seal of Ireland ; and that the original document was in the
hands of Sir Christopher Preston.
In the exemplification, it was stated that the original Modus
transmitted to Ireland was produced before the Lord Lieutenant,
(Sir John Talbot,) and Council, at Trim.
The exemplification was in the hands of a Mr. Hackwell, of
Lincoln's Inn, and by him was communicated to Selden.
The original Modus which had been in the hands of Preston,
on the authority of Dr. Dopping, came into the possession of
Sir Francis Aungier, Master of the Rolls in Ireland, out of the
treasury of Waterford, as the Bishop had been informed by the
Earl of Longford, Aungier's grand-son. It was found amongst
Aungier's papers, by Sir James Cuff, Deputy Vice-Treasurer of
Ireland.
The document was given by Aungier to Sir Wilham Dumville,
Attorney-General of Ireland, and with his other papers and
manuscripts came into the hands of the Bishop of Meath, whose
nephew, Mr, Samuel Dopping, communicated the record to
Molyneux.
John, being created king in the parhament at Oxford, under
the style and title of Lord of Ireland, during twenty -two years,
while his father Henry II., and his brother Richard L, reigned
in England, enjoyed all manner of kingly jurisdiction in Ireland,
as the Irish Statutes, 33 Henry VIII. expressly declares.
When he ascended the Enghsh throne, the fundamental laws
of each nation remained distinct, though the countries were
united in obedience and allegiance to one sovereign. In the
twelfth year of John's reign, he visited Ireland for the second
time, A.D., 1210, and Matthew Paris states that more than twenty
princes (plus quam viginti Reguh) met him at Dublin, paid him
• Molyneux's Case of Ireland, p. 32.
( 45 )
liomage, and the king caused English laws and customs to be
ordained, (fecit quoque Rex ibidem construeri leges et con-
suatudinis Anghcanas,) appointing " Sheriffs and other officers to
administer justice among the people of that kingdom, according
to English laws." In the first year of liis reign, 1216, John's
successor, Henry III,, granted a charter of hberties to Ireland,
(extant in the red book of the Exchequer,) with no essential
difference to that which he granted to England eight years later.
The same year he confirmed that charter, and in more express
terms, all other liberties granted by his father and him to the
people of England : " In consideration of the loyalty of his Irish
subjects, they and their heirs for ever should enjoy all the
liberties granted by his father and him to the realm of England."
A free and independent English parhament was conferred by
the charter.
A letter from the Queen Regent, in the 38tli year of the
reign of Henry III., calling for aids of men and money, was
addressed to the states of the Irish kingdom, directed to the
" Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights,
Freemen, Citizens and Burgesses," — in point of fact, to the
members (as they would now be termed) of both houses of
parliament, eleven years before the period from which Coke
erroneously dates the origin of the House of Commons in England.
Hence it is pretty clear that supplies were only obtained in the
reign of Henry III. from the parhament.
"What is the essential character of a parliament which the
common law of England recognizes? The power of making,
revising, confirming, and annulling laws, to wit, " that no people
may be bound by laws to which they do not give their assent."
The charter of Henry III. in England conferred no privilege
which the Irish charter and subsequent confirmation of it by the
same sovereign did not grant to the Irish people, or which their
" heirs for ever" were not entitled to.
The argument against these early parhaments in Ireland, that
the commons formed no essential part of them before the 49th of
Henry III., Molyneux clearly shows entitled to no credit, on the
authority of " the learned Mr. Petyt," keeper of the records in
the Tower, in his book on that subject, ( page 71,) wherein he
deduces his ninth argument from the comparison of The Ancient
( 46 )
General Concilium, or Parliament of Ireland, 38tli Henry III.,
with the parliament of England.
The words of Petyt are, " the ensuing record, 38tli Henry III.,
clearly evinces that the citizens and burgesses were then a part
of their (the Irish) great council or parhament." This was
eleven years before the pretended beginning of the commons in
England.*
One of the records to which Petyt refers, (not 38th Henry III.
in 4 Hibernia,) is the letter of the Queen Regent, cited in the
preceding page.
Henry, about the twelfth year of his reign, specially empowered
Richard de Burgh, then Justice of Ireland, to convoke the grand
council, " to summon all the archbishojis, bishops, earls, barons,
knights, and freeholders, and sheriffs of each county ; and before
them cause to be read the charter of his father. King John, where-
unto his seal was appended, whereby he had granted to them the
laws and customs of England, and unto wliich they swore obedi-
ence. And that he should cause the same laws to be observed,
and proclaimed in the several counties of Ireland, that none
presume to do contrary to the king's command."t
Lord Clare went a little further than Pryn, Avhen he stated in
his celebrated speech on the Union, " There were no parliaments
in Ireland previously to the tliird of Edward." The second Pryn
acknowledges there was one in thej'eign of Henry II., but says,
" there appear no footsteps of a parhament afterwards, till the
tliird of Edward II., because the acts of the parliament in the
latter reign, are the first that are printed in one Irish statute
book." But, as Molyneux observes, " so we may argue the
parliaments of England to be of later date than pretended, when
we find the first printed acts in Keeble to be no older than the
ninth of Henry HI. ; whereas, it is most certain that parhaments
had been held in England some years before that."|
Ireland, then, under Henry II., John, and Henry III., had all
the laws, customs, and liberties of England conferred on them,
not by Enghsh parhaments but by English sovereigns.
Assuredly the great privilege of all, that of the national council,
* Molyneux, p. 49.
t Tryn against Coke's 4tli Inst, apud Molyneux, p. 52.
I Molyneux, p. 57.
{
( 47 )
was not withheld. Henry II. held this national council at Lismore ;
John confirmed all his father's privileges, and his successor con-
firmed all those of the two preceding sovereigns, and exemphfied
that form of holding parliaments which John transmitted into
Ireland ; while in France, his queen, then regent of the kingdom,
sought succours in men and money from the Irish parliament,
and left on record a document which all the ingenuity of the
opponents of Irish independence cannot divest of its value, as
an incontrovertible testimony to the independence and perfect
organization of a legislative body, composed of Lords and
Commons, at that early period.
( 48 )
CHAPTER IX.
Sir John Davies' speech to the Lord Deputy of Ireland, when
his Excellency approved of him as Speaker of the house of Com-
mons, the 2nd of May, 1613, is not usually to be found in the
early editions of his Tracts. It was first pubhshed with them
together with his hfe, in the Dublin edition, printed 1787.
In this speech we find the most subtle, labored, and able attack
on the character and constitution of the Irish parhament, pre-
viously to the reign of James I., that ever was made, and at the
same time, a vast deal of information, the result of great research,
on the subject of the mode of holding parliaments, from an early
period. Having adduced the best arguments that presented
themselves to me in favor of the early existence of parliaments
in Ireland, of their co-existence with the Enghsh connexion, and
co-equal privileges with the English parliament, I think it is
proper to lay before my readers those arguments of an opposite
kind, which carry most weight with them, reserving the right at
the conclusion of them, of making a few observations, and but a
few, to show how unfairly the subject has been treated by Sir
John Davies.
" The kings of England," observes Sir John Davies, " were no
sooner lords of Ireland, but they made a real union of both these
kingdoms, as is manifest by authentic records of the time of King
John, and King Henry III. so as Ireland became but as a member,
qiiasi memhriim Anglke, as it is so resolved by all the justices, in
third of Henry YIL" ****'' And now at this day, ( God
be blessed,) the subjects of both realms have but one king, which
is the renowned king of England : and are ruled and governed
by one common law, Avhich is the just and honorable and common
law of England, and as there is now but one common law of
( 49 )
England, so for the space of one hundred and forty years after
King Henry II. had taken possession of the lordship of Ireland,
there was but one parhament for both kingdoms, which was the
* * * * all that time. But the laws made in the parHaments
of England were from time to time transmitted hither under the
great seal of that kingdom, to be proclaimed, enrolled, and exe-
cuted as laws of the realm. ******
" All which statutes, together with the warrants and writs,
whereby they were transmitted, we find enrolled and preserved
to this day among the records of this kingdom. * * *
" But when ? — how long since ? — in what king's reign was this
great common council, tliis high court of parhament erected first
and estabhshed in Ireland ?
" Doubtless, though the rest of the ordinary courts of justice
began with the first plantation of the EngUsh colonies here, yet
the wisdom of the state of England thought it fit to reserve the
power of making laws to the parliaments of England for many
years after.
" So this high, extraordinary court was not estabhshed in
Ireland by authority out of England for many years after, in the
form that it now is, till towards the dechning of King Edward II.'s
reign ; for before that time, the meetings and consultations of the
great lords with some of the commons, for appeasing of dissensions
among themselves, though they he called parliaments in the
ancient annals, yet being ivithont orderly sum/nions, or formal
proceedings, are rather to he called parlies than parliaments.
" But by what reason of state was the state of England moved
to establish tliis court of parliament in Ireland at that time ?
" Assuredly, this common council was then instituted when
Ireland stood most in need of council ; for, under the conduct of
Edward le Bruce, the Scottish nation had overrun the whole
realm, England had the same enemy at her back, and the barons'
rebelhon in her bowels, and so being distracted in herself could
give neither consilium nor auxilium to the distressed subjects
here, so as they being left to their own strength and council, did
then obtain authority from the state of England to hold this com-
mon council of the realm among themselves, for the quenching of
that common fire, that had almost consumed the whole king-
dom. * * * * And this, by the testimony of the best anti-
E
( 50 )
quarians, was the first time, and first occasion of instituting this
liigh court of parliament in Ireland. *****
" In the beginning of the reign of King Edward III., Sir
Anthony Lucye did summon and hold one parhament, and Sir
Ralph Ufford another ; and the principal cause of holding both
these parliaments was to repress the insolencies and reform the
abuses of the great lords descended of English race, of which the
Earl of Desmond was the most exorbitant offender.
" And after that, during the same king's reign. Sir Thomas
Rookesby, at one time, and Lionel, Duke of Clarence, at another,
held several parUaments at Kilkenny, which tended to no other
end but to reduce the degenerate English in general from the
barbarous customs of the Irish to their ancient civil manners, and
the obedience of their true mother, the state of England.
" After this we find the same cause still to continue, of calhng the
succeeding parliaments in this realm, until the wars of Lancaster
and York began, which made a great alteration in both kingdoms.
" For if we look into the parliament rolls of those times, which
are mean between the 40th year of King Edward III. and the
30tli year of King Henry VI., we shall find the statutes of
Kilkenny confirmed in every parliament, and then the laws of
principal consideration are against 'coin and livery,' sess of
soldiers, night suppers, 'cumrick,' and the hke extortions and
lewd customs, which the English had learned amongst the
" So as for the space of one hundred and forty years, after the
first erecting of this high court of parhament, it is apparent that
never any parliament was called to reduce the Irish to obedience,
or to perfect the conquest of the whole island, hut only to reform
the English colonies that were become degenerate, and to retain
the sovereignty of the crown of England over them only, and to
no other end or purpose.
" Parhaments were never called so often, nor so tliick one upon
the other as in the times of King Henry VI. and King Edward IV. ;
for scarce there passed a year without a parhament, and some-
times two or three parliaments were summoned, and held within
the compass of a year, which was such a trouble and charge to
the subject, as a special law was made that there should be but one
parhament in a year.
( 51 )
" But to what end did they call so many parliaments ? What
matters did they handle in these common councils? Did they
consult about the recovery of the provinces that were lost ? or of
final subduing of all the Irish ? We find no such matter at all
propounded ; but we find in the parhaments, in the rolls of that
time, an extraordinary number of private bills and petitions
ansAvered and ordered in parhament, containing such mean and
ordinary matters, as but for want of other business, were not fit
to be handled in so high a court. *****
" And such were the motives of calhng the parliament of this
kingdom, and the matters therein debated, during the wars of
York and Lancaster, and after that likewise until the tenth year
of Iving Henry VII.
" In that year, wliich was the tenth year after the uniting of
the Roses, as now it is full ten years since the uniting of the
kingdoms under one imperial crown (a happy period of time, we
hope, for holding of a parhament in this kingdom) : in that year
did Sir Edward Poynings summon and hold this famous parlia-
ment, wherein, doubtless, he showed a large heart and a great
desire of a general reformation, and to that end procured many
general laws to pass, wliich we find most profitable and necessary
for the common weal at this day.
" Among the rest, he caused two laws to be made, which may
rightly be called leges legum, being excellent laws concerning the
laws themselves, whereof one did look backward to the time past,
and gave a great supply to the defects of former parliaments, by
confirming and estabhshing at once in this realm all the statutes
formerly made in England.
" The other looked forward to the time to come, by providing
that from henceforth there should be no parhament holden here,
until the acts which should be propounded were first certified into
England, and approved by the king and his council there, and
then returned hither under the great seal of that realm.
" This latter act is what we call Poyning's act, and is indeed
that act of parhament, which is a rule for our parliaments until
this day. *********
" As for the principal parliaments which have been holden
since that time, during the reigns of King Henry YIII., Queen
( 52 )
Mary, and Queen Elizabeth, (for King Edward VI. did call no
parliament in Ireland,) they were all summoned upon special
and particular occasions, and not for the general settlement of
the whole kingdom. For to what end was the parliament holden
by the Lord Leonard Gray, in 28th Henry VIIL, but to attaint
the Geraldines, and to abolish the usurped authority of the
Pope?
" Wherefore did Sir Anthony St. Leger call the next parliament
after in 38th Henry VIII, but to invest that prince with the title of
King of Ireland, and to suppress the abbeys and rehgious houses ?
" To what purpose did Thomas, Earl of Sussex, hold his first
parhament in 3rd and 4th of King Phihp and Queen Mary, but
to settle Leix and Offaly in the crown ?
" And his second, in the second year of Queen Ehzabeth, but
to re-establish the reformed rehgion in this country ?
" What was the principal cause that Sir Henry Sidney held a
parliament in the eleventh year of Queen Elizabeth, but to
extinguish the name of O'Neale, and entitle the crown to the
greatest part of Ulster ?
" And lastly, what was the chief motive of the last parliament,
holden by Sir John Perrot, but the attainder of two great peers
of this realm, the Viscount Baltinglass and the Earl of Desmond,
and for vesting of their lands, and the lands of their adherents,
in the actual possession of the crown ? * * * * *
" I must not forget to note also to your lordship, what and
how many persons were called in former times, to make up the
body of this great council.
" For the persons before the 33rd year of King Henry VIII.
we do not find any to have had place in parhament, but the
English of blood, or English of birth only : for the mere Irish in
those days were never admitted, as well because their countries,
lying out of the limits of counties, could send no knights, and
having neither cities or boroughs in them, could send no burgesses
to the parhament ; besides, the state did not then hold them Jit to
be trusted with the council of the realm.
"For the number since, before the 34th year of King
Henry VIIL, when Meath was divided into shires, there were no
more than twelve counties in Ireland, besides the hberty of
( 53 )
Tippcrarv ; the number of knights must indeed have been few ;
and since the ancient cities were but four, and the boroughs which
sent burgesses not above thirty, the entire body of the whole
house of commons could not then consist of one hundi*ed persons ;
and though Queen Mary did add two shires, and Queen Elizabeth
seventeen more, to increase the number of knights in that house,
yet all did not send knights to the parUament, for the remote
shires of Ulster returned none at all. For the lords temporal,
though they are yet but few, yet was the number less before
King Henry VIII. was styled King of Ireland, for since that
time divers of the Irish nobiUty, and some descended of Enghsh
race have been created both earls and barons.
" And lastly, for the bishops and archbishops, though their
number was greater than now it is, in respect to the divers unions
made of latter years, yet such as were resident in the mere Irish
counties, and did not acknowledge the king to be their patron,
were never summoned to any parhament,
" And now, by way of comparison, it may easily appear unto
your lordship, how much this first parhament, now begun under
the blessed government of our most gracious King James, is hkely
to excel all former parhaments, as weU in respect of the cause
and time of calling it, as of the persons that are called unto it.
" For this parhament, {God be blessed!) is not called to repel
an invasion, or to suppress a rebelhon, or to reduce degenerate
subjects to theii' obedience. ******
But now, since God hath blessed the whole island with an
universal peace and obedience, together with plenty, civiUty, and
other fehcities, more than ever it enjoyed in any former age ;
this general council of the whole realm is called now principally
to confirm and estabhsh those blessings unto us, and to make
them perpetual to our posterities. *****
"Again, it is not called in such a time as when the four shires of
the pale only chd send their barons, knights, and burgesses to
the parhament ; when they alone took upon them to make laws to
bind the whole kingdom, neglecting to call the subjects residing
in other parts of the realm unto them, as appeareth by that
parhament, holden by the Viscount of Gormanston, wliich Sir
Edward Poynings, in the 10th year of Hem*y VII. caused to be
utterly repealed, and the acts thereof made void, diicfly for that
( 54 )
the summons of parliament went forth to the four shires of the
pale only, and not unto all the rest of the counties.
"But it is called in such a time, when this great and mighty
kingdom, being wholly reduced to shire ground, containeth thirty
three counties at large ; when all Ulster and Connaught, as well
as Leinster and Munster, have voices in parhament by their
knights and burgesses ; when all the inhabitants of the kingdom,
English of birth, English of blood, the new British colony, and
the old Irish natives, do all meet together to make laws for the
common good of themselves and their posterities.
" To this end his majesty hath most graciously and justly
erected divers new boroughs in sundry parts of liis kingdom. * *
Neither is this a new or strange precedent, for his majesty
doth but follow the steps herein of his next predecessors wliich
went before liim. * * * ^^d truly as your lordship hath
more honour in this respect (the assembling of parhament) than
any of your predecessors, so I may justly say, without adulation,
that your lordsliip hath merited this particular honour more than
any of them that have gone before you. * * * Hath he
not acted his part so well upon tliis theatre of honour, as no man is
ambitious to come upon the stage after him, knowing it is more
easy to succeed him in his place than to follow him in his painful
and prudent course of government, and that he must be as strong
as Hercules to undergo the burthen that such an atlas hath borne
before him ?
" Nay, hath he not performed Hercules' labours, m suppressing
more monstrous enormities in Ireland than Hercules himself did
destroy monsters, when he sought adventures over aU Europe ?
" I ask not these questions, as if any man were doubtful or
ignorant of liis noble virtues and deserts ; but as praise is nothing
but a reflection of virtue, so should it be dehvered rather collate-
rally than cUrectly, to avoid suspicion of direct flattery, which I
know your lordship loveth not, as I know yom^ lordsliip needs it
not. **********
" You had need be a virtuous and most worthy deputy, since
you sit in the throne, and represent the person of the most vir-
tuous and excellent king in the world.
" For he that doth fight with the sword of a king, write with
the pen of a king ; he that hath the justice, mercy, and bounty of
( 55 )
a king in his hands had need be furnished with those noble powers
and virtues as are fit for the rule and government of a kingdom,
especially if he hold the place of such a king as our most renowned
and gracious sovereign is, who is the greatest and best king that
now reigneth upon the face of the earth. * * * *
" For if that man be accounted the greatest subject of a king-
dom, that is in the highest favour with a king upon earth, why
should not that kmg be the greatest king on earth, that is in the
greatest favour ivith the king of heaven ? * * * *
" Again, I will call liis majesty the best king, for that he is a
most just king, and justice is the best of all kingly virtues ; and
for that, also, he is a most bountiful king, resembhng therein the
divine goodness, ever spreading and communicating Ms riches unto
others, wliich we must needs remember in this Idngdom ; for wo
cannot forget it without ingratitude, since we all know that his
majesty doth not only expend the whole revenue of tliis land upon
itself, but spares yearly out of England a great mass of treasure
to support the extraordinary charge thereof, out of which the
greater number of us here present, by entertainments, pensions,
or rewards, do taste every day of his majesty's bounty."
Sir John Davies was better acquainted with the arts and
sciences of court-life, by which preferment is obtamed, than with
the law of nature or of nations.
In early life he recommended liimself to the favour of Queen
Ehzabeth — then more m the blossom of her sins than in the bloom
of her youth — by three-and-twenty elaborate acrostics, celebrating
her charms and her wit in fulsome strains of the most nauseous
adulation.
In his address to the lord deputy, and his reference to the con-
temptible pedant, his royal master, we have a sample of his
powers as a parasite in his maturer years.
The same quahties which fit a man to be a parasite, disquahfy
him for the rough duties of citizenship in a free state. The per-
fections of princes, and the prizes in the lottery of court-life —
patronage and preferment, are matters of more concern to him
than the rights and privileges of his fellow-subjects.
We are told by Anthony Wood, that " Davies had more in him
of the sokUcr than the lawyer." The only proof of his turn for
( 56 )
soldiership that is given in his Hfc, is a violent assault on a gen-
tleman of one of the Inns of court, from which he was expelled
from the society of the King's Inns Benchers.
But, in his treatise on Ireland, we have evidence enough from
the beginning to the end of it of liis extraordinary predilection
for the employment of the sword, for the purpose of enlightening
and civilizing a subjected people.
He perpetually laments that the country was not sufficiently
" broken by the sword," to prepare the way for the advances of
the law, and to second its operation. This is the old cry of
Spanish conquest, — the old doctrine of the exterminating
" Conquistadoras," — the old plea for plunder, — the old blasphemy
in the name of Christianity and civiUzation, to wit, the interests
of humanity and good of religion, the extension of good laws, the
removal of barbarous customs !
Here and there, indeed, he questions the wisdom, — the expe-
diency of the governors of Ireland attempting " to root out the
Irish, which they were not able to do."
In one passage, treating of Queen Elizabeth's reign, (page 91)
lie deprecates the policy which for three hundred and fifty years
kept the " Enghsh laws from being communicated to the Irish,
and the benefit and protection thereof being allowed unto them,
though they earnestly desired and sought the same : for as long-
as they were out of the protection of the law, so as every Enghsh-
man might oppress, spoil, and kill them without control, how was
it possible they could be any other than outlaws, and enemies
to the crown of Ireland ?"
And in another, the last sentence of his book, he says, " there
is no nation of people under the sun that doth love equal and
indiiferent justice better than the Irish : or will rest better satis-
fied with the execution thereof, although it be against themselves,
so as they have the protection and the benefit of the law, when
upon just cause they deserve it." Much may, and ought to be,
pardoned for these two passages.
But it cannot, and ouglit not to be passed unnoticed, that not
one syllable elsewhere do we find in his work rcprobatory of the
exterminations that were carried on, even in his own time. On
the contrary, in that work, and his letters, he treats of the
wholesale dispossessions, evictions, and transportations of the
( 57 )
peasantry, the confiscations of the property of the gentry, with
all the sang froid that might be expected in one of the adven-
turers or undertakers of the day ; nay, he speaks of them
approvingly, as a means of civihzing the natives !
All notions of natural justice, of humanity with respect to the
plundered people, seem to have been dead in liis bosom ; at least
not one glimpse of the light of either is to be discovered in liis
treatise, except in those passages to wliich I have referred: — "A
barbarous country must be first broken by a war, before it will
be capable of good government."
Again, "the war would have lasted to the world's end if, in the
end of Queen EUzabeth's reign, the Irish had not been broken
by the sword."
James, the chief favorite of Heaven of all earthly princes,
** in his wisdom, thought it fit still to maintain such competent
forces here, as the law may make her progress and circuit about
the realm under the protection of the sword, (as Virgo, the figure
of justice, is by Leo in the zodiac,) until the people have perfectly
learned the lesson of obedience, and the conquest be estabhshed
in the hearts of all men."
James' method of gaining the hearts of men by the sweep of
the sword, and the mode of peace-making of the Virgin Queen,
whose subjects, God knows, had been sufficiently "broken by the
sword," are deserving of attention.
One would think the attorney-general of the former need not
have complained of the sparing use of his favorite instrument of
civilization. Surely there was breaking enough with the sword,
blood enough shed for any moderate legal appetite, but great
lawyers have large stomachs and pliant consciences.
Davies had two consciences, however, — one that belonged to
the Irish attorney-general, — the other that appertained to the
English member of parliament.
There is no possibihty of mistaking the drift of the several
passages of his speech, on his appointment to the speakership of
the Irish commons. No labor was spared to depreciate the
character of the Irish parliament as an independent legislature.
The early parliaments were described as " councils," — theu"
proceedings were local ones, — their members a few unwilling
colonists. Yet parliaments in England at the same period went
( 58 )
by the same name. Legislation for the sweep of the SAVord was
not such fitting occupation for those bodies, as enactments for the
local regulations of the several counties which were represented
in them ; and if the Irish people were excluded from them, it is
not to be wondered that the burgesses were not numerous.
Nevertheless, after all the praise of Poyning's act, which struck
at the root of parliamentary independence in Ireland, when Davies
quitted Ireland, and took his seat in the EngUsh parliament, to
his honor be it said, he spoke strenuously against the pretended
right of binding Ireland by English acts of parliament, and Sir
Edward Coke, on the same occasion, in the language he used
(ambiguous as it was) recognized the justice of the principle
enunciated by Davies.
The following account of the discussion in question, in the house
of commons, January 1620, is taken from the excellent life of
Davies, prefixed to the edition of his Tracts, pubhshed in 1787.
" When it was moved to acquaint the king with the grievances
of Ireland, considering how much blood and treasure it had cost
this kingdom. Sir John said, "It is expressly in the law books
set down, that Ireland is a member of the crown of England ; yet
this kingdom here cannot make laws to bind that kingdom : for
they have there a parliament of their own." Sir Edward Coke,
who was the experienced leader of that house, suggested that,
" they ought to consider, first, what we may do ; and secondly,
what is fit to he done in a parliainentary course. Ireland, (said
he,) was never totally reduced till the coming of this king : for
there was ever a back door in the north of that kingdom. If
Ireland be not safe we cannot be sure ; but if Ireland be safe, our
navy well furnished, and the Low Countrymen our fast friends,
we need not fear the pope, nor the devil. It is both fit and lawful
for us to complain for Ireland : that on such complaints the king
doth order a reformation, and those things which may not be
reformed, but by a parliament, his majesty doth put in a course,
by giving order for a parliament in Ireland to remedy the
abuses there."*
* Sec Pari. Deb. 1620-21, vol. i. pp. 327-8.
( 59 )
CHAPTER X.
We come now to the consideration of another subject, only in-
ferior in importance to that wliich has engaged our attention in
the preceding chapter.
Did the English parliament, prior to the reign of Henry VH.,
claim or exercise the right of legislating for Ireland, and of carry-
ing into effect the execution of laws in that country, wliich did
not obtain the sanction of the Irish parhament ?
In the records of the time of Henry III., cited in Coke's First
Institute, fol. 141, there is a royal letter patent, in which we find
the following words : — " Because for the common interest of the
land of Ireland, and the unity of both countries, the king wills,
and it is provided by his common council, that all laws and
customs, which are observed in the kingdom of England, should
be observed in Ireland ; and that the said land should be subject
to and governed by, the same laws, as our Lord King John, when
he was last in Ireland, ordained and firmly commanded."*
" All acts of parliament," says Lucas, " made in England before
the 8th of Edward IV. were, by a parhament held at Drogheda
that year, ratified, confirmed, and made the force of law in
Ireland." And again, " All the statutes made by parhament in
England for the common and pubhc weal of that kingdom, before
the 10th of Henry VII., were, by another parhament held at
Drogheda that year, made effectual in law, and enacted to be
observed, used, and executed within this land of Ireland in all
points."t
Many other instances might be cited, in the succeeding reigns
• Harris's Hibernica, vol. ii. p. 59.
t Lucas, 10th Address, p. 23;
( 60 )
down to the time of William III., when the British parliament
legislated for, or rather against, the trade of Ireland.
It is not true that the practice began with the civil wars of
Ehzabeth and James ; but it is unquestionable that these wars
were made more than the pretext of interfering with the inde-
pendence of the Irish parhament. These wars were made
auxiliary to the supremacy of the imperial parhament. During
their continuance the parliament in Ireland was prorogued for
a long and indefinite period, — in the reign of Ehzabeth for a
quarter of a century.
During those troublesome times, Irish parliaments were some-
times summoned and held in England, for the purpose of obtaining
supphes.
In the reign of Edward III. the Irish knights, citizens, and
burgesses were summoned to England, and attended there to
represent their kingdom. These prorogations and transferences
of the Irish parhament were, in all probability, more the causes
than the consequences of public commotion.
They took place generally when the Irish parliament grew restive
in the hands of the undertakers, who governed the kingdom.
" There was no general rebellion,'" says Lucas, " in Ireland
since the first British invasion, that luas not raised or fomented
by the oppression, instigation, evil influence, or conyiivance of the
English. Let the world hence judge whether, from these, any
handle may be taken to tyrannize over all classes of inen in this
kingdom indiscriminately. "*
In the 10th year of Henry IV. it was enacted, in 'the Irish
parliament, " that no law, made in the parhament of England,
should be of force in Ireland till it was allowed and pubhshed by
authority of the parliament in this kingdom."
A similar statute was made in the 29th of Henry VI. These
statutes are not to be found in the rolls, nor any parliament roll
of that time ; but a statement of Sir Richard Bolton, Chief Baron
of the Exchequer in Ireland, is cited by Molyneux, to the follow-
ing effect : — " He had seen the same exemplified under the great
seal, and the exemplification remaineth in the treasury of the city
of Waterford."
• Lucas, loth Address, p. 24.
( CI )
In tlic frequent troubles of Ireliind many other rolls and records
of the kingdom were lost. From the coming of Henry II., 1172,
to the 7th of Henry VI., 1428, no parhamentary rolls, according
to Molyneux, arc to be found. The evidence of Davies, however,
to such documents of an intermediate date, — the exemphfication
of the tAvo acts of Henry IV. and Henry VI., — shows th^at a claim
to bind Ireland by English acts of parhament, though not expressly
asserted in any Enghsh statute, was at an early period virtually
claimed, but absolutely denied by the Irish parliament.
In the reign of Richard III. and Henry VII., in the case of
certain merchants of Waterford involved in law proceedings in the
English courts of justice, the judges' decision in favour of those
merchants was given on these grounds : — " That Ireland could
not be bound by statutes made in England, because Ireland sends
no representatives to the British parliament."
For four hundi'ed years after the connexion was estabhshed
between the two countries, no such pretended right was asserted
in an Engish statute.
" It is evident to demonstration," says Lucas, " that no law,
statute, or ordinance, made in England, except such as were
declaratory of the common law before received, were to be or
pretended to be of any force in Ireland, till they were specially
received, approved and confirmed by the Irish parliament."
This statement goes to prove too much ; many acts that were
passed in England, and transmitted to the Irish parliament for
its sanction, and which received its sanction, were certainly not
merely declaratory acts of common law previously in force.
Neither is it true that in the transmission of all such acts, it
never was intended they should be in force in Ireland till they
received the sanction of the Irish parliament.
This statement gives too much credit to the honesty of the
intentions of the Enghsh parliament towards that of Ireland.
The latter, it is perfectly true, for four hundi'ed years after
Henry II.'s acquisition of Ireland, maintained a noble struggle
for its rights, with an unscrupulous, jealous, and insidious rival,
and an enemy of its co-existent attributes.
Thus we find, that EngUsh laws were transmitted into Ireland,
and executed there, but Molyneux contends that "all the
charters, and grants of liberties, from Edward the Confessor's
( 62 )
time down to the 9th of Henry III. were but confirmations one
of another, and all of them declarations and confirmations of the
common law of England."
And thus Ireland came to be governed by one and the same
common law with England, and those laws continue as part of the
municipal and fundamental laws of both kingdoms to this day.
By degrees all the statutes which were made in England, from
the time of Magna Charta to the lOth of Henry VIL, which did
concern the common pubhc, weal, " were received, confirmed,
allowed, and authorized to be of force in Ireland, which was done
by the assent of the Irish parliament, and no otherwise." * *
" We shall next inquire whether there are not other acts of
the English parliament, both before and since the 10th of
Henry VII., which were and are of force in Ireland, though not
allowed of by parliament in this kingdom ; and we shall find that
by the opinion of our best lawyers, there are divers such ; but
then they are only such as are declaratory of the common law of
England, and not introductive of any new law. For these
become of force by the first general establishment of the common
laws of England, in this kingdom, under Henry II., King John,
and Henry III., and need no particular act of Ireland for their
sanction."*
Molyneux maintains that it was only in his time (reign of
William III.) that " a doubt began to be moved, whether Ireland
was not bound by all the English statutes, since the 10th of
Henry II., that are introductive of a new law." * * *
" But it is not to be found in any records in Ireland, that even
any act of parliament introductive of a new law made in England,
since the time of King John, was by the judgment of any court
received for law or put into execution in the realm of Ireland
before the same was confirmed and assented to by parliament
in Ireland."! ********
" 'Tis urged that though perhaps such acts of England, which
do not name Ireland, shall not be construed to bind Ireland, yet
all such English statutes as mention Ireland either by the general
ATords of all his majesty's dominions, or by particularly naming
of Ireland, are, and shall be of force in this kingdom.
* Molyneux's Case, p. 70.
t Molyneux's Case, p. 77.
( 63 )
" This being a doctrine first broached directly, (as I conceive,)
by William Hussey, lord chief justice of the king's bench in
England, in the first year of Henry VII., and of late revived by
the Lord Chief Justice Cook, and strongly urged and much relied
upon in these latter days.* *****
" 'Tis well known since Poyning's act in Ireland, the 10th of
Henry YIL, no act can pass in our parliament here, till it be first
assented to by the king and privy council of England, and
transmitted hither under the broad seal of England. Now, the
king and his privy council there have been so far from surmising
that an act of parliament in England, mentioning only in general all
the king's dominions, or subjects, should bind Ireland, that they
have clearly shown the contrary, by frequently transmitting to
Ireland, to be passed into laws here, Enghsh statutes, wherein the
general words of all the king's dominions, or subjects, were
contained, which would have been to no purpose, but merely
' actum agere,' had Ireland been bound before by those English
statutes.
" But in the year 1641, and afterwards in Cromwell's time,
and since that in King Charles II., and again very lately in
King WilUam's reign, some laws have been made in force in
Ireland."t
Molyneux enters into a long argument to show, that these
things were only done in the confusion of the times, and in some
cases were only confirmations of former acts, but it seems to me
more consonant to truth, to state plainly these acts were acts of
usurpation, which were detested, and in Ireland resisted, some-
times feebly, — after public commotions, often strenuously, though
ineifectually, in parliament.
There is a passage in Borlase's History of the Irish Rebellion,
which bears out completely tliis view of the question :% — " It was
declared by all the judges, and parUament, in 1640, in Ireland,
that the subjects of this kingdom are a free people to be governed
only according to the common law of England, and the statutes
made by parhaments in this kingdom, and according to the lawful
customs used in the same."
• Molynenx's Case, pp. 81, 82.
t Molyneux's Case, p. 99.
% Appendix, page 4.
( 64 )
And at page 96 of the appendix of the same work, he says : —
" It is asserted by the clergy, that the 39 articles of the Church
of England were not received here in subordination to the Church
of England, but were received because they agreed with the
doctrine of the Church of Ireland ; and the convocation of Ireland
utterly refused to receive the canons made in England, but made
canons of their own."
The supremacy of the superior courts of judicature in England,
the courts of king's bench and chancery, has been relied on as an
argument for the supremacy of the English parhament.
It appears, as observed by Lucas and Molyneux, that so early
as the reign of Henry III., four knights were sent by the Lord
Deputy, Gerald Fitzmaurice, into England, to know what was the
state of the law on a controverted question, " the king's justice of
Ireland being ignorant what the law was."
In successive reigns similar questions were referred to England,
and at length it was held that the court of king's bench in Ireland
was subordinate to that in England. Similar circumstances,
attended with similar results, occurred with respect to the Irish
court of chancery, and obtained the force of law.
These early appeals were general complaints to the king of
Ireland, who was in England, by persons who thought themselves
injured; and it is the doctrine of lawyers, that in such appeals to
the court of king's bench, which is, Aula Regia, or Curia Domini
Regis, it is the king to whom the suit is made, as laid down in
Coke's Fourth Institute, page 72. The king's bench was pre-
sumed to be wherever the court was, and to follow the latter
wherever it went — the sovereign being also presumed to preside
over this court. Controverted judgments came to be brought
before it from Ireland, but not in virtue of any pre-eminence over
the Irish judicature, except that which it derived from the pre-
sumed presence of the king from its contact with the court.
Molyneux says, "the same may be asserted of the court of
chancery, because Scroope and Lombard held that the chancery
did follow the king, as the king's bench did. These reasons may
be vahd or otherwise, without aifecting the question of the high
claim of Ireland to independence of its courts. It is quite suffi-
cient that their subordination to those of England was resisted and
rejected, and only acquiesced in when resistance was of no avail."
( 65 )
Neither Molyiieux, Luoas, nor any of their late folloAvers, have
noticed the decision of the Irish chancellor, in the case of the Earl
of Thomond, when it was adjudged by his lordship, and all the
judges in this kingdom, assembled in chancery — " That the court
of chancery in Ireland is not subject to the chancery of England,
or subordinate to the same, but that the chancery of Ireland is of
as great authority as the chancery of England, and not to be
controlled thereby."*
It is only in the mine of the political literature, in the separate
treatises of early political writers, that we can obtain a true
knowledge of the parhamentary transactions of those times. In
the tracts collected and pubhshed by Harris, entitled " Hibernica,"
in the second volume, we find " a declaration setting forth how
and by what means the laws and statutes of England, from
time to time, came to be in force in Ireland, ascribed to Sir
Richard Bolton, lord chancellor of Ireland, and the answer of Sir
Samuel Mayart, serjeant-at-law, to the former production." These
treatises are written in reference to a conference of the Irish
commons with the committee of the lords, upon certain questions
propounded to the Irish judges, in June, 1641. A declaration was
made on that occasion by the prolocutor — '' That the general
statutes of England were received in Ireland, — some at one
time, some at another ; but all of them, by Poyning's act of
the 10th of Henry VIL, and that no other statute or new
introductive law was first received and enacted in the parliament
of that kingdom."
The declaration of the house of commons on that occasion
was to the following effect : — " That the subjects of Ireland
were a free people, and to be governed only according to
the common law of England, and statutes established by the
parliament of Ireland, and according to the lawful customs used
therein."t
This was the beginning of the controversy, and in April, 1644,
the proceedings in both houses were directed to the consideration
of the declaration ascribed to Sir Richard Bolton, but the parlia-
ment was prorogued on the 6th of May ; and it visibly appears,
• Day's Car. 2.
t Harris's Hibernica, vol. ii. preface.
( 66 )
says Harris, that " a leaf was torn out ( of the journals of the
lords,) where the proceedings of the said sessions were entered,
and the journals of the commons, of 1644, are all wanting, so that
the resolutions on this subject of both houses of parliament are
unknown,"
There are two remarkable passages in Bolton's declaration, in
which a great deal of conclusive reasoning will be found compressed
in a very small space.
" If a king come to a christian kingdom by conquest, seeing he
hath potestatem vitce et necis, he may, at his pleasure, alter and
change the laws of that kingdom; but until he doth make an
alteration of those laws, the ancient laws of the kingdom remain :
but if a christian king should conquer the kingdom of an infidel,
and bring it under subjection, then, ipso facto, the laws of the
infidel are abrogated ; for that they be not only against Chris-
tianity, but against the law of God and nature, contained in the
decalogue : and in that case, until certain laws be estabhshed
amongst them, the king by himself, and such judges as he shall
appoint, shall judge them and their causes, according to natural
equity, in such sort as kings in ancient times did within their
kingdoms before any certain laws were given. But if a king
have a kingdom by title of descent, there, seeing by the laws of
that kingdom he doth inherit the kingdom, he cannot change
those laws of himself, without consent of parliament. Also, if a
king have a christian kingdom by conquest, as King Henry II.
had Ireland; after King John had given unto them, (being under
his obedience,) the laws of England for the government of that
kingdom, which are not only regal but also politic ; no succeeding
king could alter the same without a parliament of that kingdom
as appears in Calvin's case, Cooke's lib. 7, foho 17.*
" And now, inasmuch as the laws of England and Ireland do
not admit of any inconveniences, it is to be considered what
inconveniences may follow, if the kingdom of Ireland should be
bound by any statute made in England, and not confirmed by
act of parliament in Ireland. First, the parliament of Ireland
should be nugatory and superfluous, if by naming Ireland in any
statute made in England, Ireland should be bound : then all
• Harris's Ilibcrnioa, part ii. p- 28.
( 67 )
tlicse parliaments ■which have been hoklen in Ireland since 12th
John, for the space of about four hundred years, should have
been needless and superfluous, which is not to be imagined.
Secondly, if the statutes made in England, by expressing Ireland,
should be binding, then, by the same, a statute made in England
may repeal, alter, or change all the laws and statutes, which
hitherto have been made and approved, or hereafter shall be
made or approved in Ireland, which were a thing marvellously
inconvenient for that kingdom. And Mr. Littleton saith, ' that
the laws will rather suffer a particular mischief than a general
inconveniency ;' and it is most certain that ' Argumentum ab
inconvenienti est in lege fortissimum.'' An argument drawn from
any inconvenience is of the greatest force in law. Thirdly, if the
parliaments in Ireland and England be holden at one and the same
time, as they now are ; and one parhament shall make a law, and
the other likewise should make another law, direct contrary to
the other in the same point, it may be demanded, which of these
laws shall be obeyed in Ireland ? Fourthly, if the statutes made
in Ireland, by those who best know the state and condition of the
kingdom of Ireland, and of the people there, shall not be repealed,
or any ways altered or changed ; or when laws be imposed by
the parhament of England, which cannot possibly know the state
and condition of Ireland so well as those which are inhabiting,
and have been born and lived many years in that kingdom, it
would be very inconvenient for them.* * * * *
" I cannot conceive why the laws and statutes made in Ireland
should be controlled or any ways altered by any other authority
than by the parhament of that kingdom. ' Nil tarn, conveniens
naturali cequitati iimimquemque dissolvi eo ligamene, quo ligatus
est.' Nothing is so agreeable to natural equity, as that every
ones hould be unbound by the same authority by which he was
bound."t
The declaration ascribed to Sir Richard Bolton, "how the laws
of England came to be in force in Ireland," must have been pub-
lished about 1642, for in that year it was first made the subject
of parUamentary discussion. At the expiration of fifty-six years
* Harris's Ilibcrnica, vol. ii, p. 30.
t Harris's Hibcrnica, \o\. ii, p. 31.
( 68 )
from the date of the latter, Molyneux's " Case of Ireland" was
published, in 1698 ; sixty years elapsed between the latter publi-
cation, and that of Lucas's addresses to the citizens of Dublin,
1738, and between that period and the date of Irish independence
1782, forty-four years elapsed. From the time when Bolton's
declaration first stu-red the great question of independence, which
was set at rest for a short period by Grattan in 1782, the duration
of the interval was one hundred and forty years. How long is
the interval to be, between the robbery of the parliament itself
in 1800, and the restoration of it ?
( G9 )
CHAPTER XL
We have now to consider whether the compact entered into by
Henry and his three successors, with the Irish people, was
observed or violated.
The real natui'e of the English settlement established in
Ireland, the Umits to its legal power and authority, so late as the
reign of EHzabeth, the barbarity of the colonial policy pursued
in Ireland, its murderous influence and effects ; the general attain-
der of the natives of the country, the seizure of the soil, the
three sweeping confiscations in a century, and finally, the state
of the connexion between the two countries, in the reign of
James I., are more clearly and compendiously set forth in the
speech of Lord Clare on the Union, in the Irish parliament, than
in any history of those times. The speech of that most able
and unprincipled man, who, on the occasion referred to, made no
scruple to avow, " that in every communication which he had had
with the Idng's minister for the last seven years, he had uni-
formly and tlistinctly pressed upon him the urgent necessity of
Union !"*
His facts are unquestionable ; his deductions are utterly at
variance with them. The former are valuable ; for, coming as they
do from the bitterest of all the enemies of Irish independence,
no partiality to the interests of his country can reasonably be
suspected : '^fas est ah hoste doceri"
He sets out with asserting the connexion with England origin-
ated in a federal compact of some old Irish chiefs with the
Enghsh king. " If the conquest of Ireland was the object of
the EngUsh king, his embarrassments on the continent seem to
* Parliamentary Report. Dub. 1800.
( 70 )
have disabled him from effecting it, the first Enghsh settlements
here having been merely colonial, such as have since been made
by the different nations of Europe, on the coasts of Asia, Africa,
or America. During several successive reigns, the English colony
was left to thrive by its own strength and resources, having
received no other reinforcement than the occasional arrival of
British adventurers. The consequence was, that for centuries
the English pale was not pushed beyond its original hmits. So
late as the reign of Henry VIIL, it consisted of four shires
only, and Mr. Allen, then master of the rolls, reported to the
king, that his laws were not obeyed twenty miles from the
capital. The common observation of the country was, ' that
they who dwelt by west of the river Barrow, dwelt by west of
the law.' "
The attempt, he says, to introduce Enghsh statute law, proved
altogether abortive. When the lord deputy apphed to Maguire,
chief of Fermanagh, to receive a sheriff commissioned by Henry
Vin., the chief of Fermanagh repHed : " Your sheriff shall be
welcome to me, but if he comes, send me his ' Eric' (price of his
head), that, if my people slay him, I may fine them accord-
ingly ! !"
[Up to this time the savage policy of the British government
was to discourage all connexion of the colonists with the native
Irish.]
" The statute of Kilkenny, enacted in the reign of Edward HI.,
prohibited marriage or gossipred with the Irishry, claiming the
benefit of the Brehon law, by any person of Enghsh blood, under
the penalties of treason.
" It was a declaration," says Lord Clare, " for perpetual war,
not only against the native Irish, but against every person of
English blood who had settled beyond the hmits of the pale, and
from motives of personal interest or convenience had formed
connexions with the natives, or adopted their laws and customs."
[The murderous policy of the pale, which treated the people of
the country as the natural enemies of the colonists, whom it was
permissible to kiU and spoil, on the plea of the pale privilege
and the payment of a trifling fine, received a new element of
destructiveness in the reign of Edward VI., and the efforts made
to force the reformed liturgy upon the Irish people, when they
( 71 )
were summarily called upon, on pain of death, to abjure the
religion of their ancestors.
In the succeeding reign, the nation was called on to abjure
the Reformation.
In the next reign the nation was again called on to return to
the reformed hturgy, and from that time a war of extermina-
tion, with brief intervals, not of repose but of lassitude in the
career of oppression, and of exhaustion in that of resistance, was
waged against the imliappy people.]
" The violence," says Lord Clare, " committed by the regency
of Edward, and continued by Ehzabeth, to force the reformed
rehgion in Ireland, had no other effect than to foment a general
disaffection to the Enghsh government — a disaffection so general
as to induce Philip II. of Spain to attempt partial descents on the
southern coasts of this island, preparatory to his meditated
attack upon England. Ehzabeth quickly saw her danger, and
that it was necessary without delay to secure the possession of
Ireland : she sent over a powerful and well-appointed army, and
after a difficult and bloody war of seven years, effected the
complete reduction of the island, which to the period of this first
conquest, had been divided into a number of licentious and
independent tribes, under the rule of the ancient chiefs of the
country and powerful lords of English blood, who had obtained
profuse territorial grants.
" She did not, however, live to see this reduction completed :
the capitulation with O'Neale, was not signed till some time after
her death, and, therefore, her successor must be considered as
the first EngHsh monarch who possessed the complete dominion
of Ireland."
The accession of James I. (continues Lord Clare,) was as the
era of connexion between the sister islands. " Then, for the first
time, was the spirit of resistance to the English power broken
down, and the Enghsh laws universally acknowledged." A few
observations, that do not occupy a page of printed matter, follow ;
and his lordship, with that extraordinary recklessness which
characterized his mode of reasoning, proceeds to point out the
barbarous pohcy of the laws which James introduced for the
enforcement of the reformed liturgy, and the universal dis-
affection which sprung up, in consequence of those laws and other
( 72 )
measures of his — thus clirectl}'^ contradicting the preceding state-
ment " that the EngHsli laws were universally acknowledged."
" The first object of the king seems to have been to establish
the reformation, but in pursuing it, unfortunately he adopted the
same course by which his predecessors had been misled, but his
measures were attended with much more serious and extensive
consequences. Their orders for religious reformation had ex-
tended only to the churches and districts within the pale; but
the orders sent by the council of James I. extended to the whole
island. The province of Ulster had been the principal theatre
of the late war, and had been confiscated and seized into the
hands of the crown. The old proprietors who had led the
revolt, were expelled, and replaced by a new set of adventurers
from England and Scotland — all protestants, who, with a new
rehgion, brought over with them a new source of contention with
the inhabitants. ********
" The distinction of Englishry and Irishry had been nearly
effaced in the time of Elizabeth, and was succeeded by a new
schism of protestant and papist, but from the first introduction of
his protestant colony, by James I., the old distinctions of native
Irish and degenerate Enghsh, and Enghsh of blood, and English
of birth, were lost and forgotten ; all rallied to the banner of the
popish faith, and looked upon the new protestant settlers as the
common aggressors and enemy, and it is a melancholy truth, that
from that day, all have clung to the poj)ish religion as a common
bond of union, and a hereditary pledge of animosity to British
settlers and the British nation. ******
" James I. was therefore di'iven to the necessity of treating the
old inhabitants as a conquered people, and governing their
country as an Enghsh province, or of fortifying his protestant
colony, by investing them exclusively with the artificial power of
a separate government, which on every principle of self-interest,
and self-preservation, they ivere bound to administer in concert
tuith England."
So much for the universal acknowledgement of the English
laws in James I.'s time, and in that of his successors, Charles
and Cromwell.
Lord Clare observes : '* The steady government of Strafford
kept down these animosities, which liad continued Avith unabated
( 73 )
rancour until his time. But at his removal, the old inhabitants,
taking advantage of the weakness and distraction of the English
government, broke out into open hostility and rebellion. The
flame had long been smothered, and at length burst forth with a
terrible explosion. The native Irish began the insurrection ; but
Avere soon joined by the EngUsh colony and lords of English
blood, with few exceptions ; and, after a fierce and bloody con-
test of eleven years, in which the face of the whole island was
desolated, and its population nearly extinguished by war, pesti-
lence, and famine, the insurgents were subdued, and suifered all
the calamities wliich could be inflicted on a vanquished party, in
a long contested civil war ; this was a civil war of extermination."
[The steady government of Strafford was displayed in his
proceedings in the Court of Castle Chamber in Ireland,
which was much of the same nature as the Star Chamber in
England, and in his barbarous pohcy towards the Irishry, of
which we have some evidences given on his trial.* The third
article of the accumulated treason with which he was charged
sets forth : —
" That on the 30th of September, in the 9th of Charles I., he
said, in a public speech before divers of the nobility and gentry
of Ireland, that Ireland was a conquered nation, and that the
king might do with them what he pleased."
And speaking of the charters former kings of England made to
the city of Dublin, he further said, " That their charters were
worth nothing, and did bind the king no farther than he pleased."]
" Cromwell's first act," says Lord Clare, " was to collect all
the native Irish who had survived the general desolation, and
remained in the country, and to transplant them into the province
of Connaught, wliich had been completely depopulated and laid
waste in the progress of the rebellion. They were ordered to
retire there by a certain day, and forbidden to repass the river
Shannon on pain of death, and this sentence of deportation was
rigidly enforced until the restoration. Their ancient possessions
were seized and given up to the conquerors, as were the posses-
sions of every man who had taken a part in the rebellion, or
followed the fortunes of the king, after the murder of Charles L
• Fourth volume of Rushworth's collection.
( 74 )
And this whole fund was distributed amongst the officers and
soldiers of Cromwell's army, in satisfaction of the arrears of
their pay, and adventurers who had advanced money to defray
the expenses of the war. And thus a new colony of new settlers,
composed of all the various sects which then infested England —
Independents, Anabaptists, Seceders, Brownists, Socinians, Mille-
narians, and Dissenters of every description, many of them infected
with the leaven of democracy, poured into Ireland, and were put
into possession of the ancient inheritance of its inhabitants." * *
" Charles II. was restored," and his lordship tells us, " The
civil war of 1641, the rebellion against the crown of England,
and the complete reduction of the Irish rebels by Cromwell, re-
dounded essentially to the advantage of the British empire.
But admitting the principle in its fullest extent, it is impossible
to defend the Acts of Settlement and Explanation, by which it
was carried into effect." *******
" The Act of Settlement professes to have for its object the
execution of his majesty's gracious declaration for the settlement
of his kingdom of Ireland, and satisfaction of the several interests
of adventurers, soldiers and others, his subjects there, and after
reciting the rebellion, the enormities committed in the progress
of it, and the final reduction of the rebels by the king's English
and protestant subjects, by a general sweeping clause, vests in
the king, his heirs and successors, all estates real and personal,
of every kind whatsoever in the kingdom of Ireland, wliich at
any time from the 21st of October, 1641, were seized or seques-
tered, into the hands or to the use of Charles I. or the then king,
or otherwise disposed of, set out or set apart by reason or on
account of the rebelhon." ******
" And having thus, in the first instance, vested three-fourths of
the land and personal property of the inhabitants of this island
in the king, commissioners are appointed with full and exclusive
authority, to hear and determine all claims upon the general
fund, whether of officers and soldiers for arrears of pay, of ad-
venturers who had advanced money for carrying on the war, or
of innocent papists, as they are called ; in other words, of the old
inhabitants of the island, who had been dispossessed by Cromwell,
not for having taken a part in the rebelhon against the English
crown, hut for their attachment to the fortunes of diaries II."
( 75 )
" I wish," continues his lordship, " gentlemen, who call them-
selves the dignified and independent Irish nation, to know that
seven milhons eight hmidred thousand acres of land were set out
under the authority of this act, to a motley crew of English
adventurers, civil and military, nearly to the total exclusion of
the old inhabitants of the island, many of whom, who were
innocent of the rebellion, lost their inheritance, as well for the
difiiculties imposed upon them by the court of claims, in the proofs
required of their innocency, as from a deficiency in the fund for
reprisal to EngUsh adventurers, arising principally from a profuse
grant made by the crown to the Duke of York. * * *
" After the expulsion of James from the throne of England, the
old inhabitants made a final effort for recovery of their ancient
power, in which they were once more defeated by an Enghsh
army, and the slender rehques of Irish possessions became the
subject of fresh confiscation. From the report made by the
commissioners appointed by the parhament of England^in 1698, it
appears that the Irish subjects, outlawed for the rebelHon of
1688, amounted to the number of 3978 ; and that their Irish
possessions, as far as could be computed, were of the value
annually £211,623, comprising 1,060,792 acres. Tliis fund was
sold under the authority of an Enghsh act of parhament, to
defray the expenses incurred by England in reducing the rebels
of 1688, and the sale introduced into Ireland a new set of
adventurers !
" It is a subject of curious and important speculation to look
back to the forfeitures of Ireland incurred in the last century.
The superficial contents of the island are calculated at 11,426,82
acres. Let us now examine the state of forfeitures :
Confiscated in the reign of James I., the whole of the) „ q„^ ' _
province of Ulster, containing J ' '
Set out by the court of claims at the Restoration 7,800,000
Forfeiture of 1688 1,060,792
Total acres 11,697,629
" So that the whole of your island has been confiscated, with
the exception of the estates of five or six old famihes of Enghsh
blood, some of whom had been attainted in the reign of
Henry VIIL, but recovered their possessions before Tyrone's
rebellion, and had the good fortune to escape the pillage of the
( 76 )
English republic, inflicted by Cromwell; and no inconsiderable
portion of the island has been confiscated twice, or perhaps thrice,
in the course of a century. The situation, therefore, of the Irish
nation, at the revolution, stands unparalleled in the liistory of the
inhabited world. If the wars of England, carried on here from
the reign of Elizabeth, had been waged against a foreign enemy,
the inhabitants would have retained their possessions under the
established laAV of civihzed nations, and their country have been
annexed as a province to the British empire. But the continued
and persevering resistance of Ireland to the British crown during
the whole of the last century was mere rebelUon, and the muni-
cipal law of England attached upon the crime. What, then, was
the situation of Ireland at the revolution, and what is it at this
day ? The whole power and property of the country has been
conferred by successive monarchs of England upon an English
colony, composed of three sets of Enghsh adventurers who
poured into this country at the termination of three successive
rebellions."*
When the reader reads in the foregoing pages bare statements
of momentous events, such as the account of a seven years' civil
war, another of eleven, a war of extermination, and three sweep-
ing confiscations of the island, in a period of one hundred years,
it is requisite for liim to fill up the terrible picture on his mind
of all the sufferings, calamities, privations, cruelties, massacres,
famines, and pestilential diseases that the wretched people suffered
and endured in these wars, famines and confiscations ! ! !
The noble author I have quoted gives only the grim and
ghastly outlines of this cycle of the terrible regime of blood and
rapacity that constitutes the government of Ireland, for a period
exceeding; six hundred years.
But the period that Lord Clare has chosen to illustrate, is
suflftcient for examination, and for all the purposes of this inquiry ;
it is more than suflicient to show that the barbarities committed
by the Spaniards on the natives of Mexico, Peru, Haiti, and the
adjacent islands, were surpassed in Ireland ; that the savagery
practised in Ireland was more systematic, murderous, and un-
remitting than it ever was in the new world, and more criminal
• Lord Clare's speech on the Union, p. 21 — Report, Milliken, Dub. 1800.
( 77 )
on the part of the Eiighsh government, inasmuch as its laws
sanctioned every violation of justice and humanity, while those of
Spain, from first to last, refused their sanction to the iniquities of
the conquistadoros, and the government of Spain had the decency,
oven whilst it despised the laws of God and the rights of
humanity, to defer to the opinion of the world, and to play the
hypocrite, by framing laws for the protection of the Indians, which
it knew would never be carried into effect.
Miserable merit there might be in that hypocrisy, but something
of the sense of shame, and of the recognition of the claims of
humanity, and of the rights of human beings, there was, in the
reluctance that prevailed to pollute the code of Spain with san-
guinary and inhuman edicts.
One of the most powerful of the political writers of 1778, whose
pieces bore the signature of Guatimozin, summing up his comments
on tliis subject, disposes of it in a few remarkable words : — " If
you would see Irish grievances, turn over your statute book.
Look for the word Ireland, or for the Avord penalty, 'tis equal
Avhich, for where you meet the first, the second inevitably follows ;
so that you may trace Ireland through the penal code, as you
would track a wounded man through a crowd by blood."
Barrington has noticed a few of the penal laws, from the time
of WilUam III. and but a few, by no means more barbarous than
many others of the bloody code.*
" By 7th WilHam III., — No protestant in Ireland was allowed to
instruct any papist.
" By 8th Anne, — No papist was allowed to instruct any other
papist.
" By 7th William III., — No papist was allowed to be sent out
of Ireland to be educated.
" By 12th George I., — Any cathohc priest marrying a protestant
and cathohc, was to be hanged.
" By 7th George II., — Any barrister or attorney marrying a
catholic, to be dis-barred.
"By 2nd Anne, — Any papist priest coming into Ireland and
ofl&ciating, to be hanged.
" By 8th Anne, — Fifty pounds to be paid to all informers against
catholic archbishops and vicars-general.
• Barring ton's Rise and Fall, p. 221.
( 78 )
" By 7th William III., — No papist allowed to ride any horse worth
more than £5.
" By 9th George II., — Papists residing in Ireland must make good
to protestants, all losses sustained by ravages on the coast of
Ireland by the privateers of any catholic king.
" By 29th George II., — Barristers and attorneys were obhged to
waive their privileges, and betray the secrets of their clients,
if papists.
God forbid that the pall, which covers the horrid corpse of the
pohcy of the " pale" and the penal code, should be lifted for the
purpose of presenting frightful apparitions of crime and suifering,
or of renewing ancient rancours between the descendants of the
lord of the pale and those of the proscribed race, the oppressor
and the oppressed, Celt and Saxon, Catholic and Protestant,— in
effect, between those who are not answerable for the misdeeds of
their ancestors, and those who have their own grievances to
redress, and not the calamities of bye-gone barbarous ages to
avenge — in a word, between the Irish and the English of our
days!
A far different object than the revival of ancient rancours is to
be effected by recalling the feuds, the proscriptions, the carnage,
confiscations, the violated engagements of past times.
The object that is sought is to show the English people that we
have suffered great wrongs at the hands of their governments —
that we have great claims on their justice — that it is not to their
pity we have to appeal, but to their pride, the pride of a nation
whose prominent boast is its love of justice, — whose best charac-
teristic is the love of wliat is termed in honest, homely Saxon
words — fair play.
It was by foul play that Irish independence, stipulated for by
those who conferred the title of lord of Ireland on the second
Henry, and guaranteed by each of his successors, till the reign of
Henry VII., was first violated by the act that bears the name of
Sir Edward Poynings.
It was by foul play that James I. packed the Irish parhament,
and converted it into a convocation of fanatics, by making close
boroughs of his " Protestant colonics."
It was by foul play that the Catholics were deprived, in the
reign of William III., of the privilege of sitting in parliament,
( 79 )
after all their rights and privileges had been confirmed to them
by the treaty of Limerick.
It was by foul play that the parliament of Ireland was legislated
for in England, in the same reign, 10th and 11th of WilHam III.,
and the most prosperous manufacture of Ireland, the woollen
manufacture, was prohibited, under penalties for its exportation,
of imprisonment, and fine, by confiscation of goods ; and, where the
confiscated goods did not answer the inflicted fine, of transporta-
tion, — the laws declaring that he (the offender) shall he trmisported
to the plantations ! ! ! An act, passed in virtue of what Sir William
Blackstone called the dominion of the sovereign legislative
parliament.
It was by foul play that the Irish parliament was rendered a
mere court for registering Enghsh ministerial acts, the " umbra"
of a representative, deliberative assembly, and kept thus de-
graded, till the volunteers of 1782 sent the intimation of the
nation's will, booming with the echoes of the artillery at Dun-
gannon, across the channel, demanding the restoration of the
independence of which they had been deprived, and their demand
was conceded fully, frankly, and, in the words of the minister of
the day, the concession was a " final settlement." And lastly, at
the expiration of eighteen years, from that final settlement, it was
by foul play, — the foulest of the foul, — soiled and filthied with
every kind of subtle baseness and individual turpitude, broken
faith, governmental abandonment, the shedding of much blood,
public prostitution, enormous corruption, vast expenditure on a
worthless object, and lavish profusion of noble titles on worthless
men, that Ireland was robbed of her parliament.
Thus, the solemn engagement of Henry II., ratified by two of
his successors, stipulating that Ireland should have the same laws
and independent institutions which Britain possessed, was violated ;
and, since the act of union, the faith of England remains broken
with the Irish people.
Here is the language which was held by an Enghsh baronet in
1778, in reference to the efforts which were then making in
Ireland to regain the independence of the parliament and the
freedom of Irish trade. The latter object he reprobated, being
the representative in the British House of Commons of a great
manufacturing district.
( 80 )
In reference to the former one, Sir Christopher Wray, in a
letter addressed to the pubhsher of the Freeman's Journal, used
the following words, which, to his honour, deserves to be
remembered — '^ I detest and abhor that dangerous, anti-constitu-
tional, tyrannical position of the English laiu, that 'Ireland
ought to he subordinate and dependent' on the British croiun ; and
that the king's majesty, with the consent of the lords and commons
of Great Britain in parliament, hath power to make laws to bind
the people of Ireland. Sir, I ever opposed such a position in
respect to America — I will ever oppose it in respect to Ireland."*
People of England, gentlemen of England, journalists of
England, and last and least of all, government of England, do
like this just man ; look on the question not as it affects your
imperial pride, — your imperial interests, but as it affects the honor
of your national character, and the eternal interests of justice.
Declare openly in the face of heaven what many of you feel, but
unfortunately are deterred from expressing, that you detest and
abhor that dangerous and anti-constitutional tyrannical position of
the English law which has effected in Ireland, Avhat was attempted
to be eft'ected in America, and which was opposed by all good
men of all parties in your country.
* Ileprint of the letters of Guatimozin and Causidicus, Dub. 1779-
( SI )
CHAPTER XII.
At the commencement of this treatise, I gave some account of
the annexation of the crown of Portugal to that of Spain. The
results of that union remain to be noticed; and, also, the circum-
stances under which SjDanish domination endured in Portugal, for
a period of sixty years. In 1640, John, Duke of Braganza, began
to have the eyes of all Portugal fixed on his movements. He was
then hving in seclusion at ViUa Viciosa, the seat of his ancestors.
His father's chief aim had been to inflame his mind against the
usurpers of the crown which belonged to liim. But the duke
was not a man easily inflamed, or even roused from the natural
indolence and insousiance of his disposition. He disliked the
Spaniards, and had a sort of affection for his country ; he was a
man of sound discretion, free from glaring vices, and would have
preferred a state of tranquil obscurity to the splendid misery of
a throne. It had been a part of the Spanish poHcy to seek to
extinguish his influence over his countrymen, by heaping invidious
honors and distinctions on liim. He had been offered the office
of Governor of Milan, and refused it ; he had been invited to join
the Spanish army, on the frontiers of Arragon, and declined the
invitation. The post, however, of commander-in-chief of all the
fortresses in the kingdom, had been forced on him ; but stiU he
resisted Spanish influence, and even availed himself of his foreign
official dignity, to assume all the splendor of his rank and former
station. The change was not ill-timed, nor were the ideas it
suggested without their value in the minds of his countrymen.
His legal adviser, and manager of liis pecuniary affairs, an eminent
doctor of laws, John Pinto Ribiero, erroneously styled by Vertot,
" the steward of his household," took the most effective means of
promoting the duke's interests, and this without the apparent
G
( 82 )
consent or knowledge of the latter. He rallied the dispirited
Portuguese of distinction ; in assembUes, convened ostensibly for
convivial pleasures, and when he knew his men, railed against
the Spanish tyrants, reminded the nobihty of their former honors,
lamented their humiliations, their compulsory attendance at the
Spanish court, and their necessary obedience to the commands of
the Spanish sovereign, when he summoned the flower of their
nobihty to join his standard in a foreign country. With the mer-
chants, he bewailed the dechne of commerce, the transference of
the trade of the Indies to Cadiz. With the clergy, he condoled
on the violation of their privileges and immunities, on the
possession of their richest benefices and preferments by foreign
incumbents. He truly represented to the popular subordinate
judges and magisterial officials (the juizes de pove and escrivanos),
the withdrawal of the youth of Portugal, and their employment
in Spanish armies in Catalonia and elsewhere, and the ruin thus
brought on the industrial resources of their country, as an exile
and a drain on the nation's strength, in the prosecution of Spanish
policy.*
About two years before the revolution an insurrection had
broken out at Evora, in consequence of excessive imposts newly
levied in that district. The insurrection was suppressed, and
no disposition shown for several months after the restoration
of order to punish the persons implicated in that movement. All
offences were apparently forgotten and forgiven, Avhen the Spanish
government ordered the prosecution of the offenders; numbers
were executed, and their punishment assumed the character of
cruelty and perfidy. " Two things especially," says the author of
" The Spanish Revolutions," "brought those people to resolve upon
the last extremity. The first was, that Vasconcellos established
a duty of one-fifth upon all merchandize that was either imported
or exported ; an excessive and most tyrannical impost, and never
heard of in the most despotic monarchies. [What would the author
say if he lived to examine the present Portuguese tariff?] The
second was, that the province of Catalonia being revolted from
its subjection to Spain, the Duke of Ohvarez published the
' Arriere ban,' commanding all persons included therein to serve
* Vertofs " History of the Revolution in rortugal," Lond. Ed. 1700, p. 29.
( 83 )
in the Catalonian wars. Tliis order would have completed the
ruin of the nobility, by the vast expense of such a remote and
tetUous campaign."* The Duke of Braganza repUed to Ribiero's
first overtures, that " the time when God would dehver the
nation from its wretched bondage, was not yet come." Ribiero
was of a diiFerent opinion, and he, accordingly, procured a meeting
of the " fidalgos" to be held, with the Archbishop of Lisbon at
the head of them. The Archbishop was a member of the noble
house of De Cunha, a man well experienced in the affairs of the
world, and, from a long residence in Spain, in a dignified
ecclesiastical capacity, intimately acquainted with the Spanish
court. He possessed great powers of eloquence, and influence
over all classes. He had the reputation of a virtuous prelate ;
his hfe was blameless, and neither at a foreign court nor in
the exalted station he held in his own country, had he forfeited
the respect of the Spaniards, nor the confidence of liis own
countrymen.
The conspiracy di'agged on slowly for some time, till a sudden
impulse was given to its movement by a discourse of the archbishop
at a meeting of the Almadas, Almeides, and Mellos, for it was a
singular thing in this conspiracy that the sons of the principal
leaders were leagued with their fathers, in the same poUtical
confederacy. He set before the assembled nobles, the intolerable
grievances under which they laboured, reminded them of the
number of their order whom Philip II. had butchered to secure
the conquest of their country, of the brief of absolution obtained
from Rome, on account of the multitude of priests, and others of
religious orders, whom he had caused to be put to death, to
secure his usurpation, and since that, of the innumerable victims
to the inhuman policy of the Spaniards in their country. The
church, he said, had been filled with a scandalous clergy, the
creatures of Vasconcellos. The people were borne down with
excessive taxes. Their nobihty were summoned to the Spanish
court, and were treated with contempt by the Castilians in Spain,
while these strangers enjoyed their estates in Portugal. He
concluded by assuring them that so great were the miseries of
his country, he would rather die ten thousand deaths than witness
* "History of the JRevolutions in Spain," Loud. Ed. 4 vols. 1724, vol. ii,
p. 440.
( 84 )
the increase of them, nor would he desu-e to live, but that he
entertained the hope that so many noble persons were not met
together in vain.*
The discourse had its desired eifect. The tyranny of their
Spanish rulers, the astute wicked conduct of their Portuguese
agent Vasconcellos, the individual wrongs of the persons assembled,
of some whose estates had been unjustly confiscated, of others
who had lost fathers, brothers, friends, who had been sacrificed
for the cause of their country, " these considerations (says Vertot)
joined to their own private animosities made them unanimously
resolve to venture hfe and fortune rather than any longer bear
the heavy yoke."t The question of the form of government
caused a division among them ; some were for a republic like that
of Holland, some for a monarchy, and those who were in favour
of the latter were divided between the adherents of the Duke of
Braganza, the Marquis of Villarcal, and the Duke of Aveiro, all
princes of the blood royal. The archbishop declared for the
Duke of Braganza. Pinto wrote to the duke, informing liim of
the success of the first meeting, and advised liis coming to Lisbon
as if on private business, to encourage his partizans, but took
care to keep his communication with the duke a profound secret,
even from those who declared for D. John in the assembly.
Pinto Ribiero even took care to express great doubts of the duke's
entering into the design. The duke came uj? from Villa Viciosa
to Almada, a castle near Lisbon, with a magnificent equipage,
attended by a cortege befitting a sovereign. The people sur-
rounded him in multitudes as if waiting for liis assent to proclaim
him king. But the duke was too prudent to trust so vast an
enterprize to the uncertain issue of a popular commotion. He
treated them with reserved benignity, as if he was constrained
from manifesting his love for them, and he did not even enter
Lisbon, to avoid giving umbrage to the Spaniards.
Pinto managed to get a deputation appointed by the con-
spirators to wait upon the duke at Almada, for the purpose of
soliciting him to accept the crown. The duke granted the
interview, but prudently limited the number of persons of the
deputation to three. Miguel d'Almeida, Antonio d'Almada, and
* "Bellum Lusitanium," and Vertot 's History,
t Vertot's Revolutions of Portugal, p. 27.
( 85 )
Pedro Mendoza were chosen. Almada was the spokesman on the
occasion. Vertot informs us that he represented to the duke
the unhappy state of Portugal, its degradation, and destitution
under the Spanish yoke, — the danger which every man of
influence, or former rank and station was exposed to, from Spanish
jealousy, and more than any other the Duke himself. When he
had pretty well exhausted these topics, he took another hne of
argument, which, like the postscript of a lady's letter, was reserved
for the most important part of the communication. He said " it
only remained for him to remind the noble duke that Spain no
longer held the balance of the power of Europe in her hands.
That monarchy once so formidable could scarcely now preserve
its ancient territories. The French and Dutch not only waged
war against it, but had often overcome it, and Catalonia itself
then employed the greatest part of its forces. It had scarcely
an army on foot. The treasury was exhausted, the kingdom was
governed by a weak prince, who was himself swayed by a
minister who was abhorred by the nation." He then represented
what hopes they might found on the professed enmity of most of
the princes of Europe to the Spanish sovereign, and on such
encouragement as Holland and Catalonia had met with from that
able statesman. Cardinal Richelieu, whose mighty genius seemed
bent on the destruction of the Spanish power. In fine, that there
never was a more favourable opportunity for the assertion of his
rights, and the dehvery of his country from a foreign yoke.
The duke neither accepted nor rejected the proposal made to
him ; he commended their zeal for the mterests of Portugal, and
their anxiety for his welfare, but " he feared that matters were
not ripe for so great an enterprize, which if not brought to a
happy result would prove fatal to them all."*
The Duke returned to his palace, and communicated every
thing to liis wife, with whom he never failed to advise in every
important matter. The duchess was a person of a noble mind
and spirit, worthy of the confidence reposed in her wisdom.
She was a noble Castihan lady, Donna Suisa de Guzman, daughter
of the Duke of Medina Sidonia. She asked the duke, " in case
the Portuguese, acting on his rejection of their proposal, should
* Vertot's History of the Revolution of Portugal, p. 33.
( 8G )
decide on a republic, would he join with them, or with the King
of Spain ?" The duke replied, with his countrymen undoubtedly,
for whose liberty he would venture his life. The duchess then
said, " why cannot you do for your own sake what you would do
as a member of the commouAvealth ?" After this she urged his
right to the crown, the wrongs the people suffered at the hands
of the CastiUans, and reminded him, " it was inconsistent with the
honor of a person of his quality to be an idle looker on, that his
children would reproach his memory, and posterity execrate it
for neglecting so fair an opportunity of restoring them what they
ought in justice to have had.
The duke probably required not much persuasion to accept
the offer made to him, by the advice of his lady ; he deferred,
however, appearing openly in the business till the conspiracy was
more matured, and its numbers augmented.
At this juncture, (the Spanish government being acquainted
with the posture of affairs at Lisbon,) the duke was summoned to
Spain, to report in person to the king the condition of the forts
and garrisons. Assurances were given to him at the same time
by the minister, that his reception would be in every respect such
as was due to his deserts. The duke perceived his destruction was
resolved upon ; he concluded he was betrayed. He despatched a
messenger to Madrid to acquaint the minister that he would obey
the summons, and immediately make his preparation for the
journey.
Some days after this answer was returned to the minister, the
same messtaiger (duly instructed by his master) brought an
account to Olivarez of the duke's having suddenly fallen sick.
When tliis pretext failed, the messenger presented a memorial,
praying to have the affair of his master's precedence in the court
adjusted. In the meantime events hastened to the desired end
in Portugal. The chief conspirators determined on the day their
plans were to be carried into execution. An assembly was called,
the question of the proclamation of Dom John, or the establishment
of a republic was again discussed, and the decision was in favour
of the former. The Padre Nicolao Maia, who took an active part
in the revolution and has left the best account extant of it, says,
that the plans of the conspirators in the month of August, began
to be carried into effect, " when the Spaniards entered on new
( 87 )
persecutions (of which the conspirators it was said were timely
apprized), and if Providence had not been propitious, the project
of uniting the two crowns would have been effected."*
The Padre Maia was employed to keep the people in expectation
of some event, without disclosing to them any part of the plans
or object of the leaders, to communicate with the judges of the
people (de Povo) and other subordinate authorities, who had risen
from the people, or whose sympatliies were with them. At length
Maia procured a meeting to be held at the house of D. Antao
de Almada, where it was finally determined that the people should
be informed an opportunity would arise, when they would be
expected to follow the nobility when the time for action came.
Maia states, that without the co-operation of the clergy the
enterprize never could have succeeded. The illustrious Archbishop
of Lisbon, D. Roderigo de Cunha, Fereira the Prior of St.
Nicholas, a Rev. Doctor of the inquisition, Stephen de Cunha,
and the Friar Luis de Abren, were indefatigable in their
exertions, but no less discreet than energetic. There was scarcely
a night, says Maia, that meetings were not held at the house of
John Pinto Ribiero.j
" On the Friday" says Maia, " before the attempt, the con-
spu'ators met in the garden of Dom Antao de Almada, when it
was announced that one of their party had been seen on the
opposite side of the Tagus, where he had been to reveal their
secrets to the secretary Vasconcellos. This inteUigence (which
turned out to be erroneous,) threw the assembly into consternation.
Nevertheless, their wonted intrepidity was soon exhibited in the
proposal of several of them, to make an immediate eifort, and to
commence by seizing on Vasconcellos, and proclaiming the Duke
of Braganza. Some proposed a night attack on Vasconcellos, at
an hour when he was accustomed to receive his friends, and put
all of them to death. Tliis vile counsel the brave old man,
Michael de Almeida, reprobated. He said, the day revealed the
* Eela^ao de Felice Acclamacao, por N. de Maia, Lisboa, 1641, reprinted
Lobo, 1803, p. 339.
t Tliis man was a distinguished jurist, a Doctor of law, a successful prose
writer, a tolerable poet, author of a work on the duties of a judge, the rights of
his master to the crown. liis works, embracing compositions in all these
branches of science and literature, in one folio vol., show him to have been a
man of varied talents and acquirements.
( 88 )
secrets of the night; but still, with mild words, he cooled his
associates' ardor, stimulated too much by uncontrolled courage.
Finally it was arranged that there should be no further delay,
and they in the meantime provided themselves not only with
corporal arms, but also with spiritual ones, for the following
Saturday, when their words were to become works, in conformity
with what was ordained, which was unanimously approved."*
" On Friday," continues Maia, " all the preparations suggested
by Michael de Almeida were made. All confessed." From other
historians we learn, that the archbishop had previously given
orders to certain clergymen, on whom he could depend, to be in
their places in their several churches during the night of Friday,
Avithout hghts, and with the doors left ajar, in order to perform
such clerical functions as might be required of them. Each of
the conspirators proceeded that night to the nearest chapel, and
there, according to Almeida's recommendation, prepared for the
morning's dangers.
The anonymous author of the "Revolutions of Portugal"
(vol. ii., page 640) states, that the heads of the conspiracy assem-
bled on the morning of the 1st of December, in a church, where
they joined in prayer, and in the participation of the solemn rites
of religion, at seven o'clock in the morning, and in the course
of about an hour, were on their way to the palace.
This is one of the most extraordinary circumstances recorded
in history. This kind of preparation, so different from that we
read of in the accounts of the night's preparations of other con-
spirators for the perils of the coming day, in riot and mad revelry,
drowning reflection, under the name of care, in wine. One of
the first at his perilous post, on Saturday morning, the 1st of
December, 1640, was Pinto Ribiero. While he was waiting near
the palace for the Fidalgos, he was accosted, says Maia, by a
friend, who inquired the cause of his appearance in that quarter
at so early an hour. Ribiero replied — " It is nothing ; I have an
appointment here, under the saloon of the ' Tudescos,' to change
one king for another, and presently will return home."t In the
meantime, Maia was collecting the people in the immediate neigh-
bourhood of the palace, and so effectually had he arranged matters,
• Relagao, &c., de Maia, p. 35.
t Relauao por Maia, p. 354.
( 89 )
that the instant the signal was heard in the square, communica-
tions were set a-going from street to street, from quarter to
quarter, from one end of the capital to the other, and before half
an hour had elapsed the square was thronged with people, headed
by Maia.
Most of the conspirators were conveyed in covered vehicles to
the vicinity of the palace, in order to conceal their weapons and
keep their numbers unnoticed.*
One may form some idea of the spirit of the persons who were
engaged in this enterprize, from an account given in Passarello's
great work, " Bellum Lusitanium," of a noble Portuguese lady,
Phihppa Villiena, Countess of Atonguia, on that eventful morning,
helping to accoutre her two sons, and sending them forth to give
their young hands and hearts to that cause in which their father
was embarked. Her countenance* (says Passarello) was radiant
with joyful expectations and pride, that was conscious of being
able to give so many defenders to such a glorious cause. She
told them "to go with alacrity to the service of their country,
however perilous it might be, and whatever might be their fate ;
and either to deserve to be partakers of the future liberty of their
native land, or partners in the glory of those who died in its
defence."
This speech ought to gain sympathy for the country which
produced such women as Philippa ViUiena ; and her heroism was
not a solitary instance of exalted courage, or of the noble spirit
of patriotism which animated the women of Portugal in 1640.
Philippa Villiena, like Cornelia, was rich in jewels ; and history
informs us that her children were those which were the chief
treasures of her heart.
At eight, a. m., when the clock struck, and the signal of a pistol
shot was given, the different companies rushed onwards to their
respective places of attack, in the public square, where the palace
and offices of state were situated. Almeida fell on the German
guard, and being taken unawares, they were speedily routed, and
many of them killed. Mello, his brother, the Lord Ranger, and
Estevau d'Acugna attacked the Spanish soldiers on guard at
• Robert Emmet was not unacquainted with this passage in the history of the
Portuguese Revolution.
* Bellum Lusitanium, Passarello, p. 27.
( 90 )
the small fort in the square with similar success. They were
now joined by many of the citizens, headed by a priest (Maia),
who led on the people, and fought with them with extraordinary
resolution. The officer of the guard cried out. Long Hve the
Dulce of Braganza. Pinto forced his way into the palace, with
those who were to enter Vasconcellos' apartments. Maia states
that "the first person who entered the palace was old Dom
Miguel d' Almeida, sword in hand, crying, Liberdade! Liber-
dade ! viva el Re Dom Joao IV !"
The first clerk of the secretary's office, an underling of
Vasconcellos', employed in carrying his master's most oppressive
acts into execution, was struck down by a stroke of a sabre, at
the door of the office, by Menezes. Vasconcellos' rooms were then
bm-st into by Pinto, Roderigo de Sa, and many others. The
unfortunate man had secreted himself in a press, in one of the
apartments : he was found buried under a heap of papers. He
was shot through the head by de Sa, the Lord Chamberlain, and
thrown out of the window of the palace ; whereupon the cry was
raised that rung throughout the city in a few minutes — the
tyrant is dead — long live Dom John, the King of Portugal.
The vice-queen had shut herself up in her chamber. The multi-
tude, after threatening to set fire to the apartment if it was not
opened, gained an entrance. She was found attended by the
Archbishop of Braga, whose life would have been sacrificed but
for the interference of d' Almeida. The vice-queen behaved with
courage at first, at length with absurd arrogance, considering her
position, and the perils which surrounded her. Don Carlos
Norogna desired her to return to her apartments, when she was
hastily attempting to quit the palace : he represented the danger
she would encounter at the hands of an infuriated people. " The
people!" said her highness, with ill-timed hauteur, "what can
the people do to me?" "Nothing, Madame," said Norogna,
angrily, "but throw your highness out of the window." The
Archbishop of Braga hearing this reply, snatched a sword from
one of the soldiers and flew at Norogna. D'Almeida laid hold
of him, and implored of him not to expose his life to unnecessary
danger, for he (Almeida) had plenty of difficulty already with his
associates to get them to promise that his life should be spared.
Pinto, in the meantime, had proceeded with his followers to the
( 01 )
citadel, which was in the possession of the Spaniards, who could
easily have destroyed the town, which was likewise exposed to
the fire of the Spanish fleet in the Tagus. He had obtained, with
difficulty, and not without menaces, from the vice-queen, a war-
rant under her hand addressed to the governor, directing him to
surrender the citadel. The fleet, consisting of tliree Spanish
galeons, made no resistance to the force sent against it. Several
of the officers had been captured on shore. The revolution in the
city was completely successful : the vice-queen and principal
Spanish officers taken in the palace were held as hostages — the
forts and garrisons throughout the country surrendered, with the
exception of St. Juhan, at the mouth of the Tagus, at the first
summons. St. Julian underwent a siege, and eventually capitu-
lated. A coup de main, cff'ected by a few individuals, — an
enterprize commenced by a number of persons, — some liistorians
say, not exceeding forty, but probably amounting to a hundred,
and joined by a multitude, without any previous notification of
their designs of a positive nature, and in the course of an hour,
broke down the Spanish power in Portugal, and dissolved the
union of the two countries, which had subsisted for sixty years.
When the work of the revolution was done, Dom John, on the
6th of December, entered Lisbon in triumph, and was crowned on
the 15th of the same month with great magnificence. Pinto
Ribiero, the author of this revolution, it is gratifying to find,
appears to have put forward no claims to honours or preferment ;
he continued, the historians of these times state, to enjoy the
confidence of the sovereign ; but the king, it is added, was fearful
of exciting the jealousy of the magnates of the country by con-
ferring on him any title of nobility or place of public trust, with
the exception of the office of " juiz desembargadoz." Perhaps it
was as well that the king's timidity should have prevented him
from doing either. The man who delivered his country from a
foreign yoke recompensed and ennobled himself.*
" Posterity," says the author of " The Revolutions of Spain,"
" will be astonished to learn, that the conspirators, on the 5tli of
• Many of the preceding details are taken from Vertot's History of tlie Revo-
lution, with such correction of errors and additional matter, as accounts of a date
subsequent to his, and authorities which were not within his reach, enabled tlie
author to make.
( 92 )
November, when they laid then' plan before the Duke of Braganza,
to make themselves masters of a city like Lisbon, and to subvert
the government of a whole kingdom, had on their list no more
than three hundred and fifty men upon whom they could depend,
one hundred and fifty nobles and gentlemen, and two hundred
citizens."
The numbers given in the preceding passage probably far exceed
the truth. The only author who has given an accurate account of
the persons engaged in this extraordinary revolution is the Padre
Maia, an actor in it, whose exploits other historians are lavish in
their praise of. The names of the Fidalgos engaged in the
deliverance of their country from their Spanish tyrants, recorded
by Maia, amount to seventy, — those of the nobles to thirty-five :
Michael de Almeida, Antao de Almada, subsequently ambassador
at the court of England, and his son George de Mello, Peter
Mendonca, Anthony Mascarenhas, John Pinto Kibiero, are fore-
most on the list ; eight de Cunhas, six de Mellos, seven Saldanhas,
three Noronhajs, one Tavora, one de Atonguia, two sons of Gomez
Freire Andrade, four Maldonnados, three Meldoncas, five
Menezes, &c., &c.
Where are the descendants of these heroic men to-day ? — who
are the inhabitants of their dilapidated dwellings, — of the palaces
of the Fidalgos ? Some of their descendants are begging their
bread : the blood of some of the noblest of them, the Tavoras and
Atonguias, flowed freely on the scaifold ; and that of one of the
bravest of them, the idol of his country, the brave, but ill-fated
General Gomez Freire, was hanged like a felon, in 1817, while
the Marquis of Beresford held the supreme mihtary command
in Portugal. To what end did the Fidalgos of 1640 save
their country ? Two hundred years have passed over, and the
country, from which the invaders were expelled, has fallen into
the hands of stock-jobbers and scheming politicians, Germans in
principle, — Germans in policy, — Germans in hatred to the liber-
ties of the people of Portugal. The restored kingdom is ruled by
a descendant of John IV., of that Braganza race, which, through
all chances and changes, preserves its distinctive characteristics,
and transmits from generation to generation the same incapacity
for acts of greatness, gratitude, or generosity. No matter ; it
was not for the Braganzas, but for Portugal that the Almeidas
( 93 )
and Almadas perilled their lives. They fulfilled their mission.
Spain, to this day, feels to her heart's core the wound they in-
flicted on her power. They have left glorious names, every
where honoured, except in Portugal.
On one subject, referred to in the preceding pages, at the
risk of encroaching on hmits barely sufficient for the main object
of this treatise, some observations are offered which may not be
misplaced. The principal meetings of the conspirators were held
in the garden of the Count de Almada, at the rere of his house,
in the square of St. Domingos. The house is yet standing, at
the corner of a lane, called Escadinhas da Barocco. The arclii-
tecture of the fine old marble portico, that has ceased to be the
entrance, is superior to most of the monstrosities in building of
Pombal's time. At one of these garden conferences, a very
remarkable oration of Almada is given in Passarello's Bellum
Lusitanium (page 35). The Conde de Erceira, likewise, in his
history of " Portugal Restaurado," refers to these garden meet-
ings, vol. i. page 92 ; and also the Padre Maia, in his "Relacao,"
at page 350 ; and Birago, in his " Ilistoria della Desunione,"
at page 166. A spot better fitted for such conferences it would
be difficult to conceive. IIow comes it that conspirators, instead
of burying themselves in gloomy recesses and dark rooms, seem
to dehght to make confidants of nature, to enter into secret
treaties with its beauties and its freshness, and to implicate the
heavens in their daring projects? William Tell planned the
downfal of the Austrian tyranny in Switzerland in a garden.
"Wolfe Tone and Thomas Addis Emmet agreed on the terms of re-
sistance to Enghsh rule in a garden at liathfarnham. Macracken,
Russell, and Neilson registered their vow of deathless fidehty to
the same cause on the green sward of the Cove Hill, commanding
a view of the lough beneath, and some of the most glorious
scenery of Down and Antrim. Almada and his confederates
planned the revolution Avhich put an end to the Spanish power in
Portugal, in a garden in Lisbon. What is the secret of this
penchant for garden conferences — of conspirators or patriots
(utrumquc horum mavis accipe) ? One would thinli such places
would not " suit the gloomy habit of their souls," or the tastes of
men who were busy with " treason, stratagems, and broils." It
might be supposed that conspirators so engaged could have no
( 94 )
feelings in common with persons who take pleasure in — plots —
of ground, with sweet shrubs and flowers. We show little know-
ledge of human nature, however, when we generalize, ad libitum,
in our classification of men engaged in such enterprizes as those
of the Almadas and Almeidas, when we ascribe to them all the
malevolent dispositions that are ordinarily accounted the charac-
teristics of those who are embarked on the troubled waters of
revolution. Marat plotted wholesale murders in vaults and
cellars. Thistlewood planned the assassination of a ministry in
garrets and hay-lofts. But the men whose hearts were set on great
national objects, like those I have referred to, whose breasts were
inflamed with lofty sentiments, — with exalted enthusiasm, whether
of a legitimate or a mistaken kmd, could commune with flowers
and with stars, as well as with foaming waves and rugged moun-
tains. They had sympathies to be touched by what was beautiful
and subhme in nature. It was for the Marats and their compeers,
who had none, either with nature or humanity, to skulk in vaults
and cellars from the face of heaven and the sight of men.
The scene of those conferences between Almada' and his asso-
ciates, at the abode of the former, and the interesting objects
which serve as monuments of their constancy and courage, are
known to very few, even of the old inhabitants of Lisbon. On
the rising ground, at the rerc of the house, in a small court-yard,
approached from the upper story, there are two very remarkable
columns, which, from the street, appear projecting from the roof
of the house, and would hardly be distinguished from chimneys if
one's attention was not directed to them. These records in stone
of the expulsion of the Spaniards, are said to date from the
second or third year of the liberation of Portugal. These
columns are in height about forty feet ; they are constructed of
masonry of a tapering, octagonal form, for about two-thirds of
their elevation. The cHameter at the base is from twelve to
fifteen feet, and the lower part of each forms a small chamber ;
they terminate like the upper part of minarets, in a cyhndrical form,
with a castellated frcizc-work round each a few feet from the
top. These grotesque monumental structures, more like the
nondescript order of obchsks of a French cemetery than triumphal
pillars, are, nevertheless, the most interesting objects in Lisbon.
There is no inscription of any kind upon them. In the small
( 95 )
court where tliey stand there is a door-way, now closed up, wliich
formerly communicated with the adjoining lane. It was by this
door that the conspirators used to enter, and proceed to the
garden by a private passage which led to the latter, but of wliich
no trace is now discoverable. The garden, for one in a city, is of
considerable extent, surrounded by very high walls, higher than
the adjoining houses, wliich gives a sombre appearance to the
place. At the extremity of the garden, facing the entrance, the
vista terminates in an alcove, faced with blue pictorial tiles of that
description used in Portuguese churches for the representation of
Scriptural events. Tliis alcove is ornamented with a large marble
fountain in the centre. Immediately above it there is an admira-
bly executed representation, in glazed tile, of the revolution at
the moment of the attack on the palace. Dom Miguel Almeida
figures in a balcony, displaying a flag, with the motto — " Liber-
dade, Liberdade, viva el Re D. Joao IV. !" The figures in the
fore-ground, — of the conspirators and the Spanish soldiers in
conflict, — are represented with great spirit. A strange looking
lumbering carriage, like a lord mayor's coach of the olden times,
th'awn by four horses, apiparently frightened by the clamour of
the multitude, is seen in front of the palace. Beneath this
representation there is an inscription, in these words : —
Redempoao de Portugal
FideliJade e amor
Triumpho.
On the wall on the right hand side, six persons are represented
sitting in a garden round a table, deeply engaged in conversation,
with an appropriate motto above the picture : —
Amor, Constancia, e Fidelidade.
with another inscription below : —
Ventures Sitio,
Honorosas confcrencias
Em que se formon,
A redempeao de Portugal.
On the left hand side, there is a representation of a procession
which followed the successful issue of the conspiracy, of which all
the liistorians speak in reference to an alleged mu\aculous occur-
rence on that occasion. The Archbishop of Lisbon is represented
( 96 .)
heading the procession, bearing a cross, attended by the mayor
mounted on horseback, carrying the city standard, and followed
by a great multitude of people.
The alleged miraculous occurence is represented in the extended
right-hand of the figure of our Saviour on the cross. The inscrip-
tion underneath is in these words : —
Benedictus Dominus Deus,
Israel, qui visitavit
Et fecit redempsionem,
Plebis suae.
The garden is now neglected, the walls are damp, and covered
with green mould, the walks are only distinguishable from what
were the flower-beds, by fewer weeds. The place, in short, has
the desolate, dreary aspect of a modern ruin ; — the sadness and
solitude of an old mansion falling into decay, which has passed
from an ancient family ; a solemn gloom, and dismal grandeur
which hangs about the ruin of property long mortgaged, or newly
sold, of a man who belonged to a wrecked nobility. The
descendants of the noble Antonio d'Almada continued to possess
this mansion, till they became involved in the disasters of the
latest war of succession, which ended in the downfal of Dora
Miguel. This last war of the princes of the house of Braganza
proved fatal to the Count d'Almada, who followed with desperate
fidelity the fortunes of an unworthy master. He died at Santarem
during the usurpation ; his son succeeded to his title, which, in
other countries, would be associated with glorious recollections.
The young man who bears it, impoverished in liis circumstances,
retaining a small remnant of the patrimony of that ancestor of
his who mainly contributed to restore the Braganza dynasty to
the throne, shorn of the lustre of his name, and the influence of
his rank, wears out an obscure existence in one of the distant
provinces.
One would think this spot, sacred to freedom, was a shrine to
be visited by many pilgrims, to honor the memory of the heroic
men of 1640, to recal their achievements, and renew vows of
fidchty to the glorious cause of national independence. But the
place is deserted, — the silence of death is there, — and none but
strangers, who commune with the spirits of the Almadas and
Almeidas, recal the past ; or, pondering on future contingencies.
( 97 )
pray that a thought never may be harboured of subjecting again
the country of such men to a foreign yoke, — or of causing the
footsteps of a Spanish soldier to be set or seen on its soil.
Too much space may have been devoted to matters incidental
to this part of my subject, but, as no notice of them is to be found
elsewhere, some allowance may be made for their irrelevancy.
Thus terminated violently, as it commenced violently, the
Spanish domination in Portugal. It lasted sixty years, but time
gives no prescription to the title of injustice, and the government
of all the perfidious PhiUps was one continued career of rapacity,
insolence, and despotism.
History, it is said, is experience teaching by example. The
end of all legitimate teaching is to remove, or prevent evil, — the
examples it presents of the results of evil, are not produced for
imitation but avoidance. The previous account of Spanish violence
and misrule in Portugal, has been introduced with the view
of warning our rulers against the results of bad government.
There are many points of analogy in the policy of the rulers of
both countries towards the nations they provincialized, in the
conduct of the Ohvarez and Vasconcellos tribe, the Alvas and
Mantuas, towards Portugal, and that of their English and Irish
prototypes towards our country. In some points no comparison
holds ; one country was acquired by conquest, founded on a fraudu-
lent claim, — the other by compact. But in both cases, there was
broken faith, solemn engagements violated, and early injustice
made the cause of subsequent despotism, and systematic violence
and misrule. So far as regards mis-government, the analogy is
complete. But the termination of it by violence in Portugal, was
a necessity which exists not in Ireland, and, therefore, even on
such low grounds as those of expediency, the adoption of violent
means for the recovery of the rights we were robbed of in 1800,
would be of more than questionable utility or patriotism. Triumphs
based on the success of revolutions seldom wear well, though they
have been earned dearly. In a country where there is a platform
for the efforts of moral force to resist injustice, no other theatre
need be sought for its exertions, and no better weapons used
than those of reason, imperturbable, immutable in its purpose,
and untiring in its peaceful warfare.
H
( 98 )
CHAPTER XIII.
Poyning's restrictive act, in the reign of Henry YIL, left Ireland
the shadow of a parliament.
Several acts, in the times of Cromwell, Charles II., and
William III., went farther than the former ; but it was not till
the 6th of George I. the usurped power of the English par-
liament was embodied in a statute which claimed the right of
binding Ireland by its laws without the sanction of the Irish parlia-
ment. England was then strong — Ireland was weak, and submission
was a necessity, but five-and-twenty years had not passed over before
England was weak and Ireland was strong, and resistance to the
tyranny of its parliament became a virtue. America was revolu-
tionized, and on the point of separation from the mother country.
France had declared war against England — the volunteers had
sprung into existence — the young giant of Irish nationahty made
the first trial of its strength in favor of its commerce and its
manufactures, and the general adoption of non-importation and
non-consumption agreements effected the freedom of Irish trade.
On the 1st of March, 1782, at a meeting of a corps of Dublin
Volunteers, his Grace the Duke of Leinster in the chair, it was
resolved : — " That the king, lords, and commons of Ireland own
they are competent to make laws binding the subjects of this
realm, and that we will not obey or give operation to any, save
only those enacted by the king, lords, and commons of Ireland,
whose rights and privileges jointly and severally we are deter-
mined to support with our lives and fortunes."*
On the 15th of February preceding, the Dungannon Volunteer
Convention had issued its celebrated declaration of rights and
* Barrington's Rise and Fall of the Irish Nation. Paris Ed., p. 101.
( 99 )
grievances, and the result in England was a cliange of ministry ;
the Marquis of Rockingham and Mr. Fox "were called to his
majesty's councils.
On the 14th of April, 1782, the Duke of Portland arrived in
Ireland, a successor in its government to the Earl of Carlisle,
and on the 16th of the same month the secretary of state, the
Right Hon. Hely Hutchinson, said he had been ordered by the
viceroy to deliver a message from the king (on the subject of a
settlement), " recommending to the house to take the same into
their most serious consideration, in order to effect such a final
adjustment as might give satisfaction to both kingdoms."*
An amended address was unanimously carried, setting forth
" That the kingdom of Ireland was a distinct kingdom, with a
parhament of her own, the sole legislature thereof ; that there
was no body of men competent to make laws to bind the nation,
but the king, lords, and commons of Ireland, nor any parhament
which had any authority of any sort whatever in this country,
save only the parliament of Ireland : to assm'e his majesty that
they (the commons) humbly conceived that in this right the very
essence of their liberty existed, a right which they on the part
of all the people of Ireland do claim as their birth-right, and
which they could not yield but with their hves."t
The nation had willed its freedom, and it is seldom that one
which is true to itself, is or can be kept in slavery. Ireland had
then 90,000 men under arms ready to assert their rights. On
the 27th of May the house met after an adjournment, and the
viceroy dehvered a speech from the throne in which he said it
was " With the utmost satisfaction he found himself enabled by
the magnanimity of the king, and the wisdom of Great Britain,
to assure the house that immediate attention had been paid to
their representations, and that the British legislature had con-
curred in a resolution to remove the causes of their discontents
and jealousies, and were united in a desu-e to gratify every wish
expressed in their late addresses to the throne." * * " His
majesty had further given it in command to liim to assure the
house of his gracious disposition to give his royal assent to a
• Irish Parliamentary Debates. 1782. p. 332.
t Parliamentary Debates, 1782.
( 100 )
measure to prevent the suppression of bills in tlie privy council of
this kingdom, and the alteration of them anywhere."*
Mr. George Ponsonby, one of the confidential friends and
supporters of the Duke of Portland, found it useless to oppose the
address: he said "He would answer that the noble lord who
presided in the government of Ireland wished to do every thing
in his power for the satisfaction of the nation ; and he would use
his utmost influence in obtaining the rights of Ireland, an object
on which he had fixed his heart."]
After the speech was read, " Mr. Grattan bore testimony to the
candid and unqualified manner in which the address had been
answered by the Lord Lieutenant's speech." He said, " / under-
stand that Great Britan gives up in toto every claim to authority
over Ireland. I have not the least idea that in repealing the 6th
George L, Great Britain shoidd he found to make any declara-
tion that she had formerly usurped a power ; no — this tuoidd he
a foolish caution — a dishonourable co7idition. The nation that
insists upon the humiliation of another is a foolish nation.
Ireland is not a foolish nation. Another part of great mag-
nanimity in the conduct of Britain is, that every thing is given
up unconditionally. This must for ever remove suspicion." Mr.
Grattan moved an address to the crown, expressive of the fullest
confidence in the efiicacy of the proposed repeal of the 6th
George I., as a complete settlement of the great constitutional
question at issue.
Mr. Flood said " Nothing appeared to him at present that could
disturb the general harmony, but there were many English acts
still existing which operated in this kingdom, and notwithstanding
the laudable acquiescence which appeared in the renunciation of
English claims, who could engage that the present administration
might not, at some future period, change its mind ?"
Mr. Walsh said " With respect to the repeal of 6th George I.,
I rely on it as a lawyer — that it is inadequate to the emancipa-
tion of Ireland. The 6th of George I. is merely a declaratory
law. That law declares that England has a power to make laws
to bind Ireland. What then does the repeal of the 6th George I.
• Irish Debates, 1782, p. 354.
t Irish Debates, 1782, p. 342.
( 101 )
do, with respect to Ireland ? Simply this, and not a jot more ;
it expunges the declaration of the power from the statute book,
but it does not deny the power hereafter to make laws to bind
Ireland, whenever England should think herself in sufficient force
for the purpose. ********
"With respect to the fine-spun distinction of the English
minister (Mr. Fox) between internal and external legislation, it
seems to me to be the most absurd position, and at the same time
the most ridiculous one that possibly could be laid down, when
applied to an independent people. *****
" Ireland is independent or she is not ; if she is independent,
no power on earth can make laws to bind her, internally or
externally, save the king, lords and commons of Ireland."
* * " His objections were decisive against that part of the
address which had been moved by his honourable friend (Mr.
Grattan), namely, that there will no longer exist any constitutional
question between the tiuo nations that can disturb their mutual
tranquillity."
Mr. Fitzgibbon (the Lord Clare of deathless notoriety) said,
" Since I came into parliament I never gave a vote which I am
not ready to defend upon my legs. JVo man ever heard me assert
the supremacy of the British 'parliament. * * No man has
said the Duke of Portland has power to grant us the redress for
which the nation is now committed; but, as the nation is com-
mitted, no man will, I hope, recede, but go through, heart in
hand ; for as I was cautious in committing the nation, so will I be
firm in asserting her rights."
Mr. Martin and the recorder. Sir Samuel Bradstreet, were the
only other ministers that objected to that part of the address ; the
house being divided, however, upon the words objected to, the
address was carried by two hundred and eleven votes against
two.* The recorder and Mr. David Walsh composed that
minority, which, perhaps, is the most glorious one in the annals
of the Irish parliament.
At this important juncture no efforts were spared to neutralize
or mitigate the ardour of the patriotism of Grattan and Lord
Charlemont. These efforts were but too successful. On the 30th
* Irish Debates, 1782, page 371.
' ■-• ' ■',- a
( 102 )
of May a motion was made in the house of commons to confer a
grant of £100,000 on Mr. Grattan. Mr. Conolly, a privy coun-
cillor and confidential friend of the viceroy, said, that " the Duke
of Portland felt equally with the Irish people the high value of
those services, and that he luas authorized by the lord lieutenant
to express, in the strongest terms, the sense he entertained of the
public virtue of Mr. Grattan, and of his eminent and important
services to Ireland ; and, as the highest proof he could give of his
admiration and respect for that distinguished individual, he (the
lord lieutenant) begged to offer, as a part of the intended grant,
the vice-regal palace in the Phoenix Park, to be settled on Mr.
Grattan and his heirs for ever, as a suitable residence for so me-
ritorious an individual! ! !"*
The astounding offer of a vice-regal palace to a man who had
signally thwarted the pohcy of Enghsh rule in Ireland, and
pledged the house of commons on the 16th of April to resist that
policy, at the peril of their lives ; the wonderful change that
had taken place in the opinions of our rulers within six weeks,
when the prime-serjeant announced — in these words, " If matters
proceed to the extremities to which I fear they are verging" — his
apprehensions that his majesty's ministers were meditating violent
measures against Ireland, can never be sufficiently admired.
The offer of the vice-regal palace to a man who, under less
embarrassing circumstances, would have been prosecuted for
treason, or be driven from parhament, hke Molyneux, and have
his speech burned by the common hangman, like the book of the
latter, — or be driven, not only from parhament, but from his
country also, — a proscribed traitor, like Lucas, — and left, like the
latter, to die in indigence, and be followed to the grave by a
beggared family, — the insidious offer was received in silence.
The secretary for Ireland could not conceal his chagrin ; " He
did not wish to be considered as giving a sullen acquiescence ;
but he conceived that marks of favour of this nature always
appertained to the crown alone, and he should have wished that
this grant had come from the royal hand."t
Finally, Mr. Grattan's friends objecting to the largeness of the
proposed grant of the commons, consented to his acceptance of
• Irish Debates,
f Irish Debates.
( 103 )
the sum of £50,000, wliicli was well due to him ; and had that
sum been thrice tripled, it Avould have been still more worthily
bestowed on the opponents of his amendments, had they been
successful, on the 27th of May, 1782, in securing, not the repeal
of a single statute, but the renunciation of an usurped right,
which, in various forms, had been exercised for centuries, and
might be resumed at any future period.
The conduct of the British ministry furnished a very curious
commentary on Mr. Grattan's declaration, that " no constitutional
question will any longer exist between the two countries." The
final settlement was scarcely completed, when Mr. Fox declared
in parhament that "the repeal of that statute (6th George I.)
could not stand alone, but must be accompanied by a final adjust-
ment, and by a sohd basis of permanent connexion."
" He said that some plans of that nature would be laid before
the Irish parliament, by the Irish ministers, and a treaty entered
upon, which treaty, ''when proceeded on, might be adopted by
both parhaments, and finally become an irrevocable arrangement
between the two countries."
The Irish leaders, in" plain language, were deceived by the
British ministry and the viceroy, the Duke of Portland, and the
declarations made in both parliaments, on the part of the
government, that the repeal of the 6th of George I. was a " final
settlement."
In the meantime, a month had hardly elapsed before Lord
Abingdon, in the house of peers, moved for leave to bring in a
declaratory bill to re-assert the right of England to legislate
externally for Ireland, in matters appertaining to the commerce
of the latter. A similar motion was made in the British house of
commons by Sir George Young.
One clause of Lord Abingdon's bill stated, that Queen Elizabeth
" having formerly forbad the king of France to build more ships
than he then had, without her leave first obtained, it is enacted,
that no kingdom, as above stated, Ireland as well as others,
should presume to build a navy, or any ships of war, without
leave from the lord high admiral of England."*
The motion Avas not seconded, and Lord Abingdon pocketed his
• Hardy's life of Charlomont, vol. ii., p. 26.
( 104 )
1)111, on the chancellor declaring that it would be opposed by
government.
These motions were duly responded to in Ireland. Tlie volun-
teers, then 120,000 strong, beat to arms throughout the kingdom.*
The echo of the clatter came booming over the channel, and
the tranquilhty of Downing-street was once more disturbed.
Another act was precipitately introduced into parhament and
passed into law, not renouncing, as Barrington states, England's
right to legislate for Ireland, but distinctly confirming Ireland's
right to legislate for itself, removing all doubts as to the com-
petency of the judicial tribunals in Ireland, to try and dispose of
all actions and suits of law and equity instituted in that kingdom,
and decide them without appeal from thence; and providing,
likewise, that no writs of error should be received in any except
in the Irish tribunals, and this adjustment is declared in the act,
" estabhshed and ascertained for ever, and shall, at no time here-
after, be questioned or questionable."
* Barrington's Rise and Fall.
( 105 )
CHAPTER XIV,
In September, 1783, another convention was held at Dungannon,
the specific object of which was parhamentary reform, at which
it was determined to hold a grand national convention of volunteer
delegates in Dubhn, in the month of November following.
The history of that extraordinary assembly does not come within
the scope of this treatise to enter into, further than to state, that
numerous plans of reform were submitted ; the Bishop of Derry's
proposal, to extend the elective franchise to the Cathohcs, was
opposed by the great leaders, and especially by Lord Charlemont
and Mr. Flood, and the plan of the latter was ultimately adopted.
On the 29th of November, a number of the delegates, who were
members of parliament, proceeded direct from the convention to
the house of commons, some apparelled in their volunteer uniforms,
in order to support the motion of Mr. Flood for leave to bring in
a bill, founded on his plan of parliamentary reform, excluding the
Catholics from its proposed benefits. The house was a scene of
tumult and confusion — some violent speeches were made on both
sides : the motion was lost, seventy-seven voting for reform, and
one hundred and fifty against it. After passing some resolutions,
the convention, whose meetings had then extended over a period
of three weeks, finally adjourned. The scene that had taken
place in the house of commons had determined Lord Charle-
mont to put an end to the proceedings of the convention.
There can be no doubt but the appearance of a body of men in
the house of commons, in a double capacity, as members of that
house, and delegates of another deliberative assembly, in mihtary
costume, was an anomalous procecchng, but the existence of the
whole volunteer body was an anomaly.
The question however, the advantage or disadvantage to Irish
( 106 )
interests of the final adjournment of the convention, remains a
problem, which it is difficult to solve. The probabihty is, that
the fatuitous bigotry which led to the rejection of the claims
of the great body of the people to the rights of freemen, had
rendered the volunteer association incapable of rendering any
further service to the nation. Their proceedings with respect to
the catholic question alienated the catholics from them; their
mode of pressing the question of reform in the house of commons,
deprived several of their most eminent leaders of their parha-
mentary influence and prestige.
" The reader," says Hardy " who remembers the day of this
military convention, will be naturally anxious to inquire what
sensation its adjournment, or rather downfall, excited? To the
best of my recollection, little or none whatever."*
Sic transit gloria mundi. The volunteers dragged on a doomed
life, in a state of equivocal loyalty in the sight of government,
and of Frankenstein volition and vitality, in the apprehension of
the father of their institution. One would have thought there
was national vigour in it for more than an existence of fifteen
years, and power to effect more than an ephemeral independence
which lasted only eighteen years.
February 7th, 1785. The celebrated commercial propositions,
after discussion in both houses of parliament in England, were
laid before the Irish commons by Mr. Secretary Orde, as the
basis of a distinct commercial treaty between two independent
states.
Mr. Orde read the following paragraph from the viceroy's
speech, at the opening of the session : " He had to recommend in
the king's name, to their earnest investigation, those objects of
trade and commerce, which had not yet received their complete
adjustment. In framing a plan to the vioAv of a final settlement,
they would be sensible that the interests of Great Britain and
Ireland ought to be for ever united and inseparable." The
propositions, eleven in number, were, on the whole, not disadvan-
tageous to Ireland. The eleventh provided "that for the pro-
tection of trade, whatever sum the gross hereditary revenue of
the kingdom, after deducting all drawbacks, bounties, &c., should
• Hardy's life of Cliarlemont, aoI. ii, p 129.
( 107 )
produce, annually, the sum of £656,000 should be appropriated
towards the support of the empu'e, in such manner as the parlia-
ment of this kingdom shall direct."
The general tendency of the other propositions, with the excep-
tion of the seventh, was an equahzation of duties in both kingdoms.
The seventh was supposed to admit of some doubt as to its effects
Avitli respect to some articles of Irish manufacture.
It is not in the political writings of the times, but in the par-
liamentary debates of that day, that the real character of those
propositions will be ascertained. If ever there was a measure of
Mr. Pitt's, that had reference to Irish interests, apparently not
characterized in all its bearings by downright insidiousness and
bad faith, it was, probably, the measure in question.
On the 11th of February the propositions were agreed to ; and
an address to his majesty carried, expressive of the gratitude of
the house for the measure adopted towards an arrangement of
commercial intercourse between both kingdoms.
On the 12th of August Mr. Orde moved for leave to bring in a
bill founded on tiuenty propositions, the basis of a final adjustment
of the commercial relations between both countries. With respect
to the original eleven propositions, he said ten of them were drawn
up by himself, the eleventh had been suggested by Mr. Grattan,
but the English minister luas not responsible for them, nor were
they binding on him. They were only devised with a view to
form the ground-work of an arrangement, which would be effected
by the proposed bill.
Public infamy was often displayed in the Irish parhament, but
never in a more unblushing manner than on this occasion. His
motion was carried by a majority of nineteen, and on the 15th,
the bill, embodying provisions of a very different character to
those of the original propositions, was introduced and suffered to
be read for the first time, on the distinct understanding that
government did not intend to proceed with it during that session,
being fully convinced that if proceeded with, it would have been
rejected by a large majority. The house was prorogued, and the
first attempt against the restored independence of the Irish par-
liament was defeated. Mr. Pitt never forgot nor forgave Ireland
the failure of this measure.
The Irish parhament had reposed on its laurels for upwards
( 108 )
of four years after its triumph over the Enghsh minister,
when another question arose, of more importance than any pre-
vious one since the restoration of its independence, and one in
which it involved itself in grave difficulties, with very questionable
prudence.
On the 5th of February, 1789, the Marquis of Buckingham
informed both houses of the severe indisposition of his majesty,
and on the 11th, Mr. Conollv moved an address to the Prince
Regent, " humbly to request his royal highness to take upon
himself the government of this realm, during his Majesty's
indisposition, and no longer ; and, under the style and title of
Prince Regent of Ireland, in the name of his Majesty to exercise
and administer, according to the laws and constitution of this
kingdom, all regal powers, jurisdiction, and prerogatives to the
crown and government thereunto belonging."*
The motion, seconded by Mr. Ponsonby, was carried Avithout a
division, and a similar one in the house of lords by a large
majority.
On the 19th, a deputation from both houses waited on the
viceroy with the addi'ess to the prince, which his excellency
refused to transmit. The consequence of his refusal was a vote
of censure on the lord heutenant in both houses. Four members
of the commons, and two of the lords were appointed to wait on
his royal highness with the address. In the meantime, the king
was restored to health, and the regency suspended.
The two lords, the Earl of Charlemont and the Duke of
Leinster, and the four members of the commons, Messrs. O'Neil,
Conolly, Ponsonby, and Stewart, were received, however, by his
royal higliness, " with the utmost fervor of affection and gratitude,"
but the language in both houses of parUament in respect to the
deputation, was any thing but flattering or concihatory.f
It is beside the object of this treatise to enter into the merits
of this question, but it is essential to it to state the free grounds
on which it was mooted in Ireland.
The prince was the rising sun of the Whig party in England.
His confidential friends and servants were Mr. Pitt's opponents.
It was believed, on his assumption of the regency, he would have
• Irish Debates, 1789, p. 40.
t Hardy, vol. ii., p. 188.
( 109 )
called them to his councils, and it was the object of this party to
free him from all trammels which would have interfered with
the prerogative of freely choosing his own ministers.
Their efforts were not successful in the Enghsh parliament, as
those of the Irish whigs were in theirs. Nevertheless, the prince
had still the power, had he chosen to exercise it, in opposition to
the queen's wishes, to displace Mr. Pitt and his colleagues ; and
his letter to Mr. Pitt plainly shows, that no such intention
was entertained by liim.
Ireland's devotion to his interests and those of his political
friends exposed her to all the vindictive feelings of the triumphant
minister.
It cannot be doubted that this question with us was not an
Irish question ; it was a party question ; it was taken up for party
purposes, and Ireland paid the penalty of a false step on the part
of the Irish opposition.
The support of the regency question, in England, was a very
different thing to what it was in Ireland. In the latter country
the issue was one wliich gave the opponents of Irish independence
a plea for attributing to it conduct on that question which
jeopardized the connexion with England, and involved the par-
liament in a quarrel with that of England, Uttle short of a disputed
succession to the throne. It is notliing to the purpose to say,
that an unrestricted regency was the right one to have adopted ;
that the prince was believed to be a friend to Ireland ; that his
party were favourable to its interests.
The independence of Ireland was held by too frail a tenure, to
risk it for any advantages that could accrue from a change of
ministry, or an extension of the powers of a temporary ruler of the
state. One tiling is very clear, the mooting of this question was
one of the great arguments that was relied on in 1799, in both
parliaments for the extinction of the Irish legislature. But it
ought not to be forgotten, that the course adopted in the Irish
parliament was one of simple whig pohcy, acted on with the entire
concurrence of the whig leaders in England, and probably in
obedience to their suggestions.
( 110 )
CHAPTER XV.
The partial relaxations of the penal code in 1782 and 1793,
wrung by fears from a reluctant power, and neither liberally
nor gracefully conceded, had the effect of stimulating the people,
only partially enfranchised, to renew their efforts for complete
liberation. The concessions made to the cathohcs in 1793,
extended the elective franchise to a large class of the catholic
peasantry.
Even in granting those concessions, Mr. Pitt's hostile pohcy
towards the Irish parliament was successfully pursued. The
prejudices of the ultra protestant party in the parliament were
brought mto immediate colhsion with the people's rights, and
those of the ascendancy party in place, who were compelled to
vote for the government measure, were either degraded in the
eyes of the country by the sudden retraction of their opinions,
or their inconsistency in vituperating the catholics and yet voting
for the relief bill.
Another important object was gained, that of bringing odium
on some of the popular leaders, honest in their mistaken opposi-
tion to this measure ; men like Lord Charlemont, who it was
known would vote against it, whilst it was sure to be supported by
Lord Clare, the bitter enemy of the Roman Cathohcs, notwith-
standing his vehement abuse of them on that very occasion.
Thus the versatility of parhament, and the inconsistency of its
members were made instrumental to its disgrace.
In the meantime, the effects of the French revolution were
felt in England, Ireland, and Scotland. Reform became the
watch-word of the popular leaders of the three kingdoms. " I
doubt very much," says Lord Charlemont, in one of his letters,
'' if M. Dumourier ever heard of a parliamentary reform, and
( 111 )
yet I am almost tempted to suspect him of having some share in
what is going tbrward."
In the interval between 1791 and 1794, reform merged into
repubUcanism very mucli in the united Irish societies, and there
is no question but that hatred to Mr. Pitt's ministry had as much
to do with the change as animosity to England.
From 1785 to 1800, the whole tenor of Mr. Pitt's poHcy was
to unsettle the mind of the Irish nation ; to create dissension ;
to bewilder and confuse men's thoughts ; to deprive parhament of
its influence, by bringing it into hatred and contempt — in a word,
to break down the proud spirit of an independent nation, and
render the people weak enough to rob them of their dearest
rights.
This was a fiendish poUcy, and it was coolly, deliberately and
perseveringly pursued, with all the remorselessness, mahgnity,
mockery of faith in virtue and integrity, and with no less of the
craft and pitiless persistance in treachery and cruelty that is
commonly attributable to the ministry of a power that is not of
heaven nor of earth.
The hopes of the catholics were alternately elevated and
depressed — now wound up to the liighest pitch of expectation,
then cast down without apparent reason or possible advantage to
the state.
An old element of mischief that had not been in activity for
several years, was called into operation ; fanaticism was revived,
and its dupes deceived by delusive expectations held forth of a
perpetuation of their power and ascendancy, which the minister
in reality tolerated the existence of only for his special purpose
of disuniting Irishmen, and thereby effecting a parchment union
of theu' country with England.
Lord Westmoreland's unaccountable recal in 1794, — Lord
FitzwiUiam's no less unaccountable appointment, considering the
antagonism of liis principles to those of Mr. Pitt on every subject
except the prosecution of the war with France, and, within a
period of two months, his precipitate recal in order to transfer
liis power to the Beresfords, and his ofiice to the contemptible
automaton of Mr. Pitt, the worthless Camden, are no longer
mysteries even in the minds of people of orchnary information.
The cathoUcs were then prepared for emancipation by a
( 112 )
viceroy specially selected for this service, and all their hopes
naturally centred in his government. These are circumstances
which never can be explained away while the letters of the
excellent Lord Fitzwilliam to the Earl of Carhsle are in existence.
Sir Laurence Parsons said, on this occasion, "he never
witnessed such ominous infatuation as that by which the minister
was led. If he perseveres, the army must be increased to myriads,
and every man must have five or six dragoons in his house."*
Little did the future union-peer, Lord Rosse, imagine that it
was the very object of the ministers to goad the country to
rebellion ; to garrison it with foreign troops ; to terrify the
people, and to gain over a corrupt and intimidated parliament.
• Hardy's life of Charlemont, vol. ii., p. 347.
( 113 )
CHAPTER XVI.
From 1793, the Irish government was m possession of oral and
documentary information of the treasonable nature and extent
of the plans of the northern United Irishmen and Defenders, as
the reports of the secret committee of the house of lords in 1793,
and of both houses in 1797 and 1798, proved beyond a possibility
of contradiction. The Irish government could not have left the
English muiister in ignorance of this conspiracy, and yet no
effectual means were taken to prevent rebeUion, till the month of
March, '98, when the principal leaders were arrested in Dubhn.
But while the members of the executive were left at large, the
people were goaded into madness in the year 1797, by military
excesses, one twentieth part of the horrors of which, in the
northern comities, have never been revealed.
Three years previously the fury of fanaticism had been let
loose on the CathoUcs of Louth and Armagh. They were hunted
like wild beasts, driven from their homes, plundered, and shot
down with more impunity than would have been extended to their
slayers had they killed as many hares without a hcense. "With a
single exception in the county of Armagh, no magistrate would
take a deposition against the depredators and persecutors. The
government afforded the people no protection, and connived at
the barbarities practised on them. Society, in short, in those
counties was resolved into its original elements ; might became
right, and the relative duties of the rulers and the ruled ceased
to have any binding power on either.
The conspiracy, which the government had allowed to go on
from 1791 to 1798, proceeded, yearly increasing in magnitude,
extending from county to county, till most of the people, and a
great majority of their leaders who had distinguished themselves
I
( 114 )
in volunteer politics, and afterwards in the advocacy of reform
and Catholic emancipation, were involved in sedition, or what was
then as bad, lay under the suspicion of it. At length it was
caused " to explode prematurely ;" the people rose in three
counties only; and although government had upwards of 114,000
men under arms in Ireland in 1798, several of the principal
towns in these counties fell into the hands of the insurgents, and
the executive, with all its power, and several years' previous pre-
paration for the result of its policy, was barely able to put down
the rebelhon in these three counties. Had Hardy's expedition
reached Killalla in the month of May, instead of December
following, no premature explosion would have been requisite to
have involved the whole of the south and west of Ireland in
rebeUion ; and it may be fairly inferred, from the defeat and flight
of the army at Castlebar, under Lord Lake, in the month of
December, when insurrection every where else had been put
down, that a very different result might have been apprehended,
when the insurgents were in possession of so many of the im-
portant towns of Wexford, Down, and Antrim.
In the suppression of these partial outbreaks of insurrection,
and the defeat of a small body of invaders, not exceeding 1100
men, 70,000 lives were lost, — 50,000 on the part of the people,
and 20,000 on that of the king's troops. Such is the estimate of
the sacrifice of Ufe, according to Plowden and Moore, and other
writers, who treat of the events of 1798. The cost of exciting
and prematurely exploding the rebellion of 1798, and of defeating
a small body of invaders, amounting to about 1100 men, is
estimated at eighteen and a half millions ! Some writers, who
treat of the events of that period, estimate the amount at twenty-
one milhons. Mr. Staunton, in his letters to the Right Honourable
A. J. Littleton, in 1833 (letter ii., page 14), says — " The expense
of the rebeUion was eighteen and a half milhons. For this,
Ireland has been rendered exclusively responsible, though it
ought to be regarded as an imperial outlay, as Ireland, while the
rebellion lasted, was obliged to contribute to imperial expenditure.
Another reason would occur to those who consider that the
British government liad been justly charged with having suffered
the insurrection to explode, as necessary to the attainment of
their object."
( 115 )
Another publication of his says, that " the enormous disburse-
ments connected with the rebeUion added eight and a half
milUons to the Irish debt."*
In the latter statement there is evidently a typographical error.
The amount added to the debt by the rebellion and its concomi-
tant measure must have been considerably greater, as the
following account of the debt, from 1795 to 1801, plainly shows : —
1795 the Irish Debt was £2,940,000 '
1797 5,376,000
1798 9,275,000
1800 21,757,000
1801 26,841,000
These details are taken from a pubhcation on the " Financial
Management of Ireland." (Dublin, 1842, p. 8.)
The expenditure, in three of these years, on the authority of
the statements of the Right Honourable T. S. Rice, in his speech
on the 11th of February, 1834, was as follows : —
1795, Irish Expenditure, £2,276,469
1797, 2,705,313
1798, 3,356,887
1800, 5,893,323
The income, he states, in 1800, was £2,684,261 ; but it is
alleged that only three quarters of a year's revenue were cal-
culated in that estimate. The amount, however, differs not
materially from the amount of revenue estimated by Lord
Castlereagh, for the same year. The income, then, may be sup-
posed to represent the ordinary expenditure of that period. But
the ordinary expenditure of government, and war contributions
combined, could not possibly have increased the debt in such a
ratio, as the augmentation appears to have been, in a period of
six years. From 1795 to 1797 the debt was nearly doubled —
from 1797 to 1798 the increase was nearly four millions — from
1799 to 1800 the increase was eleven mihions and a half; and
from 1800 to 1801 the increase was five millions. The total
augmentation, from 1795 to 1801, was twenty-four millions. This
vast increase must have been principally occasioned by the ex-
traordinary charges of the vast raiUtary force maintained in
Ireland for nearly five years, at a cost little short of four millions
• Facts aud Fallacies, by M. Staunton, Dublin, 1833, p. 15,
( 116 )
a year ; — of the purchase of the first i:»arhament, amounting to
one and a half milhon ; — of the claims of the suffering loyalists
one and a half million more; — of pensions and secret service-money,
awards, and increased expenditure of judicial tribunals, from
1797 to 1801, the amount of which cannot be ascertained, but
must have been enormous.
The outlay occasioned by the rebellion cannot, and ought not,
in common fairness, be separated from the cost cf the union. The
rebellion was fomented for the purpose of effecting that measure ;
and the latter is clearly chargeable with all expenses incurred in
carrying it. It was a dear bargain, and would have been a bad
one at any price.
There was another item in the expenditure which is sometimes
overlooked, but which, nevertheless, no figures of arithmetic, nor
of speech, can adequately represent the transcendent importance
of, namely, the vast expenditure of arbitrary power, and the pro-
portionate one of Irish suffering, and the cost of lost sympathies
with British rule and interests. That expenditure was a waste of
inestimable treasure, which the measure that Mr. Pitt staked his
fame on the success of, never can compensate, or atone for the
loss of. On the contrary, at the expiration of forty-four years,
that measure serves only as a monument of a gigantic iniquity,
the memory of which excites the same feelings of abhorrence this
day, which it engendered at the commencement of the present
century, in Ireland.
The government, in short, fomented a rebellion, and, in the
words of Lord Castlereagh, caused it "to explode prematurely,"
in order to break down the strength and spirit of the country, to
enable its agents in the Irish parliament to effect an union. The
fact has been repeatedly denied, and lately by one of the London
morning papers of hberal poHtics. The indentical words, "to
explode prematurely," were repeated in the Irish house of com-
mons, by Mr. John Claudius Beresford. The words, however,
were first used by Lord Castlereagh.
In the report from the secret committee, presented to the
Irish house of commons, in 1798, drawn up in Lord Castlereagh's
office by Mr. Knox, under his lordship's immediate direction, the
following passage occurs at page 26 : —
" That from the vigorous and summary expedients resorted to
( 117 )
hy government, and the consequent exertion of the military, the
leaders found themselves reduced to the alternative of immediate
insurrection, or of being deprived of the means on which they
rehed for effecting their purpose ; and that to tliis cause is ex-
clusively to be attributed that premature and desperate effort, the
rashness of ivhich has so evidently facilitated its suppression."
Elsewhere in the same report we find the following words : —
"And it appears from a variety of evidence laid before your
committee, that the rebelhon would not have broken out so soon
as it did, had it not been for the well-timed measures adopted hy
government, subsequent to the proclamation of the lord heutenant
in council, bearing date 17th March, 1798."*
On a later occasion, Lord Castlereagh expressed himself in terms
confirmatory of the licitness of the pohcy pursued in 1798, in
reference to Robert Emmett's insurrection in 1803. On the 7th
March, 1804, on the occasion of Sir John Wrottesley's motion for
inquiry into the conduct of the Irish government, Lord Castle-
reagh said : —
" Though he agreed with the honorable baronet that preventive
measures luere preferable to punishment, he thought that principle
might be carried too far ; and it luas material not to urge the
rebels to postpone their attempt by any appearance of too much
precaution and preparation. The honorable baronet might laugh,
but it was expedient that the precautions should not have been
carried to such an extent, as to alarm the fears of the rebels, and
thereby induce them to delay their project. Besides, it was
desirable that the measures after applied for to parliament shoidd
be claimed on ostensible, not on arguable grounds."
Mr. Windham said, — "That ministers maintained the monstrous
doctrine that rebelhon was to be fostered by the government till
it came to a head, that the cure might be radical. This might be
good policy in a general, against an open enemy. He might
watch him and let him march into toil, taking care to be too
strong. But it was infamous in a government against rebels."
Lord Castlereagh denied " that he meant to hold out that an
insurrection should be invited, for the purpose of giving govern-
ment a pretence for enacting strong measures."!
• Report from the secret committee of the Irish house of commons, 1798.
t Report of the debate in the imperial parliament, March 7th, 1804, pp. 14, 57.
( 118 )
In statements of this kind, it would be a folly to expect admis-
sions fully and plainly expressed, all that can be looked for, are,
glimmerings of truth accidentally emitted, which, corresponding
with other analogous lights thrown on one common subject of
inquiry, can leave no reasonable doubt of the real nature of the
matter under consideration.
The corroborative enlightenment of oui' minds, in the case of
such obscure expressions as those of " well-timed measures," is
derived from the admissions of Mr. John Claudius Beresford, in
the house of commons, and of Lord Clare, in the house of lords ;
that torture had been had recourse to in Ireland, in detecting and
defeating the plans of the rebels in 1798 ; " that it was unmanly
to deny it," in the words of the former ; and in those of the latter,
in debate in the British house of peers, the 21st March, 1800, that
"he admitted, (on the subject of torture,) that it had been used,
and he put it as a question, in the case of the blacksmith, (which
had been referred to in the debate,) from whom a confession of
pikes had been extorted, whether the injury to society by his
torture for half-a-minute was not less than that of the number
of murders which would have taken place if that confession had
not been extorted."*
There is a cool deliberate impudence in this audacious attempt
to make it appear that the use of torture had been only had
recourse to in a single instance. The practice was general in
Dublin, in the principal towns of Wicklow, "Westmeath, Kildare,
Wexford, Carlow, Kilkenny, Louth, Antrim, Donegal, and
Monachan. In Clonmel and Waterford the torturers were
persons of distinction, as they were in Dubhn, Drogheda, and
Wexford.
England at this period was prosperous and powerful ; eighteen
years previously, she was weak and embarrassed. But her posi-
tion in 1798, was very different to what it was at the close of the
American war, when she was weak, broken, disunited at home,
unsuccessful in her colonies, and friendless on the continent. In
1800, she had risen to the highest pinnacle of her imperial
elevation, her interests were triumphant in all parts of Europe,
with the exception of France, — her fortunes were prosperous in
• Parliamentary Register. Loudon Chronicle, March 21st, 1801.
( 119 )
the East and West Indies. Her arms were every where victorious,
her credit was restored, her commerce and agriculture had revived.
She was drunk with glory, — but still insatiable in her thirst for
imperial domination. It mattered not how or where she was to
be aggrandized. The only question was, when and where an
attempt should be made to extend dominion, or to concentrate
its power ?
The first use she made of her prosperity, was to rob Ireland of
her national independence, — of the parliament, whose indepen-
dence she had solemnly ratified in her own senate eighteen years
before.
( 120 )
CHAPTER XVII.
The projected union of the kingdoms of Ireland and England,
was grounded on a parliamentary prerogative, presumed to exist
in the Irish legislature, by which it was empowered to use the
trust reposed in it by the nation, for the destruction of the vital
principle in which that trust had its being, and the exercise of its
delegated attributes its origin.
The means employed to effect the object were fraud and force,
embracing every species of delusion, corruption, and intimidation.
The ministerial purpose was of a nature that necessitated action,
on the principle that reasons of state involve higher interests, and
include graver imperial considerations, than those which are
connected with ordinary notions of justice, matters of conscience,
or mere questions of right and wrong.
On the 22nd of January, 1799, his Excellency, Lord Cornwallis,
opened a new session of parliament with a speech, wherein,
directing its attention to the efforts that had been made for the
separation of the two kingdoms, he said, " he was commanded by
his majesty, to express his anxious hope, that this consideration,
joined to the sentiment of mutual affection and common interest,
may dispose the parhament in both kingdoms to provide the most
effectual means of maintaining and improving a connexion essential
to their common security, and of consolidating, as far as possible,
into one firm and lasting fabric, the strength, the power, and the
resources of the British empire."* The committee appointed to
draw up the address to his majesty in reference to this paragraph,
all important to the Irish parhament, replied ; " We shall not fail
" Parliamentarj' Debates, 1797.
( 121 )
to firivo the fullest consideration to a communication of such
momentous importance." The address was moved by Lord
Tyrone, and seconded by Mr. Robert Fitzgerald ; the debate
lasted for twenty-two hours ; two other debates took place on the
union, in the house of commons in the same month. An amend-
ment was proposed to the addi'ess, on the first debate in the house
of lords, by Lord Powerscourt, couched in the following terms,
" That the union, as their lordships conceived, was not within the
hmits of their power ; and that if it were, it would be highly
impolitic to adopt such a measure, as it would in their opinion
tend more than any other cause ultimately to a separation from
Great Britain." The amendment was negatived ; forty-six lords
were for entertaining the question of union, nineteen against it ;
while in the commons, ministers had but a majority of one, and
on the debate of the report of the address the day following,
government was left in a minority of five. The members were a
hundred and six for the union, a hundred and eleven against it ;
and this result closed all further proceedings on the subject during
the remainder of the session.*
The rejection of the union spread joy throughout the country ;
meetings were called in almost every town, and congratulatory
addi'esses voted to the principal opposers of the measure. On the
1st of June, 1799, Lord CornwalHs closed the session with a
speech, wliich plainly announced the determination of the minister
to persist in his nefarious purpose : —
" I have his majesty's particular commands, to acquaint you,
that a joint address of the two houses of parliament of Great
Britain has been laid before his majesty, accompanied by re-
solutions proposing and recommending a complete and entire
union between Great Britain and Ireland, to be estabhshed by
the mutual consent of both parhaments, founded on equal and
liberal principles; on the similarity of laws, constitution and
government, and on a sense of mutual interests and affec-
tions "**********
The minister had fully calculated on the success of his measures,
in the month of January. Of the three hundred members of
* Hardy's life of Charlemont, vol. il., p. 419.
( 122 )
which the house was composed, two hundred and sixteen had
voted on the 24th ; sixty-nine held offices during pleasure; nineteen
were to have offices for their votes ; and one was bought over
in the body of the house ; thirteen commoners were subsequently
created peers, or their wives peeresses, for their votes.*
Barrington's Rise and Fall, p. 420,
( 1-^3 )
CHAPTER XVIII.
At the opening of parliament, the loth of January, 1800, no
reference whatever was made to the speech from the throne on
the projected union. Sir Laui'ence Parsons opened the debate,
by observing, that "the reason of the omission was obvious to
every man in the house. From the time that we rejected that
measure, last session, the minister has employed every engine of
the government, and endeavoured, by the most unwarrantable
practices, to pervert the sentiments of the parHament on that
subject ; and he does not wish that you should take it into con-
sideration until his machinations are complete. If those in power
thought an union would be a beneficial measure for these king-
doms, they would be right in proposing it ; but, then, they should
propose it to the free, uninfluenced, uncontaminated sentiment of
parHament, instead of which, means have been used which would
render this measure, if carried, not an act of the parliament, hut
an act of despotism. It matters not ivhether you, the representatives
of this great nation, are turned out of that door by the sword of
the army, or the gold of the treasury — hy a Cromwell or by a
secretary ; in both ca^es the treason against the constitution is the
same. One of the greatest offences of James II. was attempting
to pack a parHament. What is the offence that I arraign now ?
It is that the minister of the crown is prostituting the prerogative
of appointing to places, in order to pack a parliament. The
transaction is too glaring ; — a string of men are to go out, who were
against the union, in order that a string of men may come in, who
are for it. Any thing so barefaced has not appeared in either
kingdoms since the days of that abdicated monarch. Are we,
then, to sit supinely here until his practices are matured ? Are
we to wait while we sec the serpent collecting himself in his coils,
( 124 )
only to spring upon us with greater violence, and not to strike at
him now ? Are any measures to be kept with a government
which is proceeding against your constitution by such foul means ?
Does not the time in which the English ministers have determined
to attempt the union, prove that they mean to take an unfair
advantage of Ireland ? They first attempted it during the weak-
ness and distraction of this country, and in the last session ; and
though rejected by this house, and condemned universally by the
nation, they are preparing to renew the attack now, tvliile the
spirit of the people is still depressed by recent troubles ; — while the
country is covered with armies, far greater than ever were known
here before ; — ivhile martial law prevails, and a formidable
invasion is menaced; in short, while apprehensions from without
and from within preclude all free exercise of the public mind upon
the fatal project, they hope to trample on the independency of
Ireland."*
Sir L. Parsons moved an amendment to the address, assuring
his majesty, that " the bounden duty, wishes, and sentiments of all
his Irish subjects were, to preserve the blessings which they owed
to the spirited exertions of an independent resident parliament,
the paternal kindness of his majesty, and the hberahty of the
British parliament in 1782."
The debate on the 15th and 16th of January, introduced Mr.
Grattan to the scene of his former triumphs, when, in the
language of the report of the parliamentary debates, "an in-
describable emotion seized the house and gallery, and every heart
heaved in tributary pulsation, to the name, the virtues, and the
return to parhament of the founder of the constitution of 1782,
the existence of wliich was then the subject of debate."!
To tliis debate, and the succeeding ones of the 5th and 6th,
and the final one of the 19th of February, Ireland owes those
master-pieces of noble, national, patriotic eloquence which are the
chief glory, " life, grace, and ornament" of its senate. It does
not come within the limits of the object of this volume, to attempt
to convey any idea of the vast powers of mind, and still more
inestimable principles of independence and fidehty to the constitu-
* Parliamentary Debates, 1800, p. 8.
t Parliamentary Debate of the 15th and 16th January, 1800. Moore, Dublin,
r. 116.
( 125 )
tion of their country, which were displayed in the speeches of
Grattan, Plunkett, Bushe, Ponsonby, and Parsons, — of the bold
assertion of the nation's rights, and the incorruptible integrity
manifested in those of Foster, Parnell, Dobbs, Egan, Barrington,
Hardy, Roclifort, O'Donnell, O'Hara, and Falkiner.*
Neither is it in my province, to illustrate the wickedness, the
weakness, or the folly of those who sold their country's rights, or
were seduced into the crime of bartering them for the favour of a
foreign minister, for gold, for titles or preferment, by any
reference to the speeches or the votes of the prime culprit, Lord
Castlereagh, his reckless coadjutor, Lord Clare, Lord Tyrone,
Toler, Kemmis, Yerner, Coote, Smith, Musgrave, Newcomen,
the Cavendishes, the Moores, the Knoxes, the Lindsays, the
Beresfords, and their move obscure, but not less ignoble, compeers.
If brilhant eloquence could have produced any effect on a
packed parliament, or the conscience of a corrupt minister,
Grattan's closing speech in this debate, on the 16th inst., might
have excited at least a sense of shame, some feelings of remorse,
some latent spark of pity even for the drooping advocate, hopeless
of his cause, who sunk exhausted into his seat, at the termination
of his speech, in that place where he had once been the foremost
man of his time ; the approved of all approvers ; the father of his
country's independence in 1782 ; the glorious defender of it in
1789 ; the faithful follower of its fortune, who " had watched over
its cradle, and wallvcd after its hearse" to the grave in 1800.
The amendment of Sir L. Parsons was lost by a majority of
42 votes ; 96 were in its favor, and 138 against it.
On the 3rd of February, 1800, Lord Castlereagh delivered a
message from the lord lieutenant, acquainting parhament " that
a joint address of the two houses of the British parliament had
been laid before his majesty, accompanied by resolutions proposing
and recommending a complete and entire union between Great
• Sir Frederick Falkiner was known to the author, when he was in the direst
distress. Even then he was a perfect personification of an Irish gentleman — one
of the old school, of polished manners, of excellent humour, and fascinating
address. Poverty ultimately broke down his spirit and his reason. He died in
a foreign country by his own hand in 1823, after receiving an unfeeling rebuff
from one of his own countrymen, to whom he had applied for some pecuniary
assistance.
( 126 )
Britain and Ireland, to be established by the mutual consent of
both parUaments, founded on equal and liberal principles ; on the
similarity of the laws, constitution and government, and on a
sense of mutual interests and affections. * * * *
"His majesty had observed with increasing satisfaction, that the
sentiments which have continued to he manifested in favor of this
important and salutary measure, by such numerous and respect-
able descriptions of his Irish subjects, confirmed the hope he had
expressed, that its accomplishment would prove to be as much the
joint, as it unquestionably was the common, interest of both his
kingdoms.^'
The " increasing satisfaction" at the continued manifestations of
the approving sentiments of the Irish lieges, of " such numerous
and respectable descriptions," with respect to this " salutary mea-
sure," did honor to the royal head and heart; infinite credit to the
ingenuous qualities of the English minister, and the powers of
face of his Irish minion, who pronounced these words before the
representatives of the Irish people. Human fatuity, falsity, and
effrontery, could not go farther, and human endurance can hardly
be said ever to have been tried more effectually than it was
on this occasion, by the recreant reformer, the would-be destroyer
of liis pohtical associates in 1794, and the young apostate from
his early principles, the juvenile patricide, who united the cool
calculating perfidy of a Reynolds, with the brazen bare-faced
flagitiousness of the hoary headed scorner and corrupter of public
virtue. Sir Robert Walpole.
Previously to the delivery of the viceroy's message. Sir
Laurence Parsons stated to the house "An act which he con-
sidered as one of the greatest enormity, a high infringement of
the privileges of parliament, and a violation of the liberties of the
subject. His information was derived from the most respectable
persons (whom he named). A Major Roberts, who commanded
at Birr, having been lately told there luas an intention of assem-
bling the freeholders and inhabitants to deliberate on the propriety
of petitioning parliament against a legislative union, replied to
the communication, that he woidd disperse them by force if they
attempted any such thing ; that the major, however, applied to
government for directions as to his conduct, and the kind of
directions he gave could only be judged of by the conduct itself
( 127 )
On Sunday last, several freeholders and respectable inhabitants
assembled in the session house, luhen the High Sheriff, Mr. Darly,
went to them, and ordered them to disperse, or he woidd compel
them ; they were about to depart ivhen a gentleman came, and
told them the army luas approaching. The assembly had just
time to vote the resolutions, but not to sign them. They broke iip,
and as they luent out of the sessions house, they saw vnoving towards
it a column of troops with four pieces of cannon in front, matches
lighted, and every disposition made for an attack upon the sessio7is
house, a building so constructed that if the cannon had been fired
it must have fallen on the magistrates and people, and buried
them, in its ruins. A gentleman spoke to Major Roberts, on the
subject of his approaching in that hostile manner; his answer luas,
that he waited but for one word from the sheriff that he might
blow them to atoms ! These were the dreadful measures," Sir
Laurence said, " by which government endeavoured to force the
union upon the people of Ireland, by stifling their sentiments and
dragooning them into submission."*
He proposed two resolutions, deprecatory of the act of pre-
venting freeholders of any county, from meeting to petition
parhament, and requiring that High Sheriff Darly and Major
Roberts should be called to the bar. The motion was opposed by
Lord Castlereagh. He said " it was one of those inflammatory
tricks luhich had of late been frequently played off, and if now
adopted, luoidd seem to admit the fact alleged, by unnecessarily
declaring a principle, ahvays and universally asserted."
Few men have ever been more true to their infamy than Lord
Castlereagh. He never stumbled, in public life, by accident or even
by stratagem, on any straight-forward, honest, or honorable pro-
ceeding. Johnson speaks of an English poet, who was not only
extremely vicious, but singularly open and undisguised in his
depravity. Castlereagh shared this peculiarity with the English
poet, but then, we are told, it was only in public that the Irish
lord was a villain.
* Parliamentary Debates, v. and vi., February, 1800, Moore, Dublin, p. 144.
A similar proceeding to that described by Sir L. Parsons took place in
the county Tipperary. A county meeting, duly convened by the sheriff', to
enter into resolutions condemnatory of the projected union was dispersed by
military violence.
( 128 )
After the message of the viceroy had been dehvered by his
lordship, he submited the eight articles of the union to the house.
After reading the infamous propositions, and entering on some
details respecting differential duties, he said, " He trusted he had
stated enough to show that the proposal, (union,) was such a one,
as it ivas honest hi Great Britain to make, and honorable for
Ireland to accept." Lord Castlereagh's motion, (craftily framed
so as to conceal its vast importance to the destinies of Ireland,)
to have the articles of union, and other papers connected with
that measure printed and circulated, being put, ministers had a
majority of 43; 158 voted for the motion, 115 against it. By
this division the union was virtually carried. On the 10th of
February, when the measure was brought before the house of
peers. Lord Clare made liis celebrated speech, the concluding
words of which were, "I now propose to this grave assembly for
their adoption, an entire and perfect union of the kingdom of
Ireland with Great Britain. If I live to see it completed, to my
latest hour I shall feel an honorable pride in reflecting on the httle
share which I may have had in contributing to effect it."*
Poor humanity ! how soon do all thy big hopes of wealth, of
pomp, power, and of official greatness, vanish. Little did the
proud lord think, who was then domineering over his order, and
dooming his country to national death and degradation, that "the
latest hour," of which he spoke, was not far distant, that scarcely
eighteen months should elapse before he should be humbled in the
dust, — and yet on his death-bed should deplore to his surrounding
relatives, that he had contributed to effect a union, and with his
latest breath bitterly lament the mischievous and mistaken part
he had taken. This fact is given on the authority of his lordship's
nephew, in Mr. Grattan's work ; in this volume it is given on the
authority of his lordship's niece. He died on the 28th Jan., 1802.
A man singularly gifted, with noble talents, great energy, signal
courage, capable of most generous actions ; but proud, arrogant,
and unprincipled ; an enemy to his country, and a victim to the
chagrin of ill-weaved ambition, and of mortified pretensions to
consideration in the country, to which he had betrayed his own.
At the close of the session of 1799, Lord Castlereagh's efforts
* Parliamentary Debates, 1800, p. 101.
( 129 )
to secure by any means a majority in the commons for his next
attempt on the life of liis country's independence, had been inde-
fatigable. "The place-bill," says Sir Jonah Barrington, "so long
and so pertinaciously sought for, and so indiscreetly framed by
Mr. Grattan and the whigs of Ireland, now, for that time, proved
the very engine by which the minister upset the opposition, and
annihilated the constitution. That bill enacted that members,
during the pleasure of the crown, should not sit in parliament
unless re-elected ; but, unfortunately, the bill made no distinction
between valuable offices which might influence, and nominal offices
which might job; and the chiltern hundreds of England were,
under the title of the escheatorship of Munster, Leinster, Con-
naught, etc., transferred to Ireland, with salaries of forty shilhngs,
to be used at pleasure by the secretary. Occasional and temporary
seats were thus bartered for by government, and by the ensuing
session made the complete and fatal instrument of packing the
parhament and eifecting a union."*
"Lords Cornwalhs and Castlereagh," says Barrington, "having
made good progress during the recess, now discarded all secresy
and reserve. The various acts of simple metallic corruption,
wliich were practised without any reserve, during the summer
of 1799, are too numerous to be recited in this volume. It will
be sufficient to describe the proceedings, without particularizing
the indi\iduals. Many of the peers and several of the commons
had the patronage of boroughs, the control of which was essential
to the success of the minister's project: these patrons Lord Castle-
reagh assailed by every means which his power and situation
afforded. Lord Cornwalhs was the remote. Lord Castlereagh the
intermediate, and Mr. Secretary Cooke the immediate agents
on many of these bargains. Lord Shannon, the Marquis of Ely,
and several other peers, commanding votes, after much coquetry,
had been secured during the first session, but the defeat of
government rendered their future support uncertain.
" The parliamentary patrons had breathing time after the
preceding session, and began to tremble for their patronage and
importance ; and some desperate step became necessary to govern-
ment, to insure a continuance of the support of these personages.
• Barrington's Rise and Fall, p. 407.
( 130 )
This object gave rise to a measure which the British nation will
scarcely believe possible ; — its enormity is without a parallel.
" Lord Castlereagh's first object was to introduce into the
house, by means of the Place-Bill, a sufficient number of depend-
ants to balance all opposition. He then boldly announced his
intention to turn the scale, by bribes to all who would accept
them, under the name of compensation for the loss of patronage
and interest. He publicly declared, first, that every nobleman
who returned members to Parliament, should be paid in cash
£15,000, for every member so returned : secondly, that every
member, who had purchased a seat in the parliament, should
have his purchase money returned to him by the treasury of
Ireland ; thirdly, that all members of parliament or others, who
were losers by a union, should be fully recompensed for their
losses; and that £1,500,000 should be devoted to this service: —
in other terms, all who supported his measure, were, under some
pretence or other, to share in this bank of corruption.
" A declaration so flagitious and treasonable was never publicly
made in any country ; but it had a powerful eifect in his favour ;
and before the meeting of parliament, he had secured a small
majority (as heretofore mentioned) of eight, above a moiety of
the members, and he courageously persisted.
"After the debate on the Union, in 1800, he performed his
promise, and brought in a bill to raise one million and a half of
money upon the Irish people, nominally to compensate, but really
to bribe, their representatives, for betraying their honour and
selling their country. This bill was but feebly resisted — the
divisions of January and February (1800) had reduced the
success of the government to a certainty, and all further opposi-
tion was abandoned."*
* Barrington's Rise and Fall, pp. 449, 450.
( 131 )
COMPENSATION FOR BOROUGH RIGHTS EXTINGUISHED BY
THE UNION, AND NAMES OF BOROUGHS FOR WHICH IT WAS
SEVERALLY AWARDED.
BOROUGHS.
COMPENSATION.
BOROUGHS.
COMPENSATION.
Clonnakilty
. Co. Cork
£15,000
Blessington
Wicklow
£15,000
Castlemartyr
do.
. 15,000
Wicklow
. 15,000
Charleville
do.
. 7,500
Inistioge
Kilkenny
. 15,000
. 7 500
Cavan
. 7,500
Newcastle
. Dublin
• 1 j'-'V.'V
. 15,000
Philipstov\Tii
King's Co.
. 15,000
Ballinakill
. Queen's Co.
. 15,000
Carlingford
Louth
. 7,500
St. Johnstown
. Longford
. 15,000
Dunleer
do.
. 7,500
Mullingar
, Westmeath
. 15,000
Askeaton
Limerick
. 15,000
Harristown
. Kildare
. 15,000
Charlemont
Armagh
. 15,000
Boyle
. Roscommon
. 15,000
Middletou
Cork
. I5,(X)0
Longford
• ......
. 15,000
Naas
Kildare
. 15,000
Augher
. Tyrone
. 15,000
Maryborough .
Queen's Co.
. 15,000
Killbeggan
. Westmeath
. 15,000
Enniscorthy .
Wexford
. 15,000
Castlebar
. Mayo
. 15,000
Ardee
Louth
. 15,000
Kilraallick
. Limerick
. 15,000
Doneraile
Cork
. 15,000
Duleek
. Meath
. 15,000
Lanesborough .
Longford
. 15,000
Taghmon
. Wexford
. 15,000
Kells
Meath
. 15,000
Carrick, Drumsruck
. 15,000
Lismore
Waterford
. 15,000
Belturbet
. Cavan
. 15,000
Tallagh
Waterford
. 15,000
Ballyshannon
. Donegal
. 15,000
Newtown-Lim-
Newtownards
. Down
. 15,000
avady
Derry
. 15.000
Banagher
. King's Co.
. 15,000
Killybegs
Donegal
. 15,000
St. Johnstown
. Donegal
. 15,000
Baltinglass
Wicklow
. 15,000
Callan
. Kilkenny
. 15,000
Fethard
Tipperary
. 15,000
Baltimore
. Cork
. 15,000
Trim
Meath
. 15,000
Dingle
.- Kerry
. 15,000
Tuam
Galway
. 15,000
Carysfort
. Wicklow
. 15,000
Knocktopher .
Kilkenny
. 15,000
Rathcormac
. Cork
. 15,000
Granard
Longford
. 15,000
Hillsborough
. Down
. 15,000
Athy
Kildare
. 15,000
Monaghan
•
. 15,000
Kildare Co.
.
. 15,000
Lifford
. Donegal
. 15,000
Randalstown .
Antrim
. 15,000
Ratoath
. Meath
. 15,000
Tulsk
Roscommon
. 15,000
Fore
. Westmeath
. 15,000
Donegal Co. .
.
. 15,000
Ardfert
. Kerry
. 15,000
Roscommon Co
.
. 15,000
Gouran
. Kilkenny
. 15,000
Navan
Meath
. 15,000
Thomastown
do.
. 15,000
St. Canice, &c.,
Clonmines
. Wexford
. 15,000
Irishtown
Kilkenny
. 15,000
Bannow
do.
. 15,000
Clogher
Tyrone
. 15,000
Fetliard
do.
. 15,000
Old Leighlin .
Carlow
. 15,000
Bangor
. Down
. 7,500
Antrim Co.
.
. 15,000
Jamestown
. Leitrini
. 7,500
Swords
Dublin
. 15,000
Ivillyleagli
Gorey
T^n\m
. 15,000
. 15,000
jyu" 11
. Wexford
Total Compensation £
1,237,500
55 Boroughs vested in peers, and for which compensation was awarded them by
the Commissioners.
3 Boroughs vested in Bishops, for which payment was awarded to the First
Fruits' Fund.
24 Boroughs vested in private individuals, who received compensation according
to their alleged duration of tenure, and one Borough — Swords, so noto-
45,001)
23,000
13,000
15,000
( 132 )
riously corrupt that none of the many claimants could establish any valid
claim to monied compensation.
Barrington says : —
Lord Shannon received for his patronage in the Commons £45,000
The Marquis of Ely
Lord Clanmorris, besides a peerage
Lord Belvidere, besides his doceur
Sir Hercules Langrishe .
The Speaker, the Right Honourable John Foster, on the 17th
of February, when the bill was in Committee, pronounced his
able speech in opposition to it ; the last effort of the uncorrupted
and incorruptible opposition, and it may be termed the funeral
oration of the Irish parliament.
On the final division, ministers had a majority of forty-three.
There were twenty-seven members unavoidably absent, all
inimical to union ; and one hundred and fifteen having voted
against it, the government in reality had only a majority of
eight votes, taking into account the total number of members of
the house — namely, three hundred ; and of the one hundred and
fifty-eight, twenty " were notoriously bribed or influenced cor-
ruptly."*
• Barington's Rise and Fall, p. 461.
( 133 )
CHAPTER XIX.
The incompetency of the representatives of the people to vote
away the parliament they were delegated to sit in for the sole
purpose of making, amending, or evoking laws consistent with, or
confirmatory of, its fundamental authority, is pointed out by
Barrington, in the following terms : —
" The great fact, therefore, (and the irrefragable authorities on
which it rests are repeated and spread over many parts of this
short history,) necessarily produces a deduction, more intrinsi-
cally important, and involving more grave considerations than any
other that can arise upon this subject. From these principles it
follows as a corollary, that the act of union, carried by such means,
was, in itself, a nullity, ab initio, and a fraud upon the then ex-
isting constitution ; and if a nuUity in 1800, it is incontrovertible
that nothing afterwards did, or possibly could, validate it in 1833.
" No temporary assent, or, in tliis case, submission, could be
deduced as an argument. No lapse of time, unless by prescrip-
tion (beyond wliicli the memory of man runneth not), can ever
estabhsh any act, originally illegal ; — no hmitation, through lapse
of time, can bar the rights and claims of the crown, — there is no
limitation, through lapse of time, to the church, — no hmitation,
through lapse of time, can bar the chartered right of even a petty
corporation; and a fortiori, no lapse of time can legalize any act
hostile to the rights of a free people, or extinguish the legislature
of an independent nation. In that point of view, therefore,
NO LEGISLATIVE UNION EVER WAS CONSTITUTIONALLY ENACTED
BETWEEN THE TWO COUNTRIES ! ! !
" But considering that question in another point of view ; it is
the invariable principle of all international law, that the infraction
of a solemn treaty, on the one side, dispenses with any adherence
( 134 )
to the same treaty by the other ; of course, annuls both, and
leaves the contracting parties in statu quo, as they respectively
stood before the treaty ; and it was, therefore, argued by those
able men, that the renunciation act of the 23rd George III.,
' recognizing the unquahficd independence of Ireland, and
expressly stipulating and contracting that it should endure for
ever,' was the very essence and consideration of the international
and federative treaty ; and through its infraction by England,
both countries stood in the very same state as at the period when
England repealed her own statute of George I., and admitted its
unconstitutionality and her own usurpation. Ireland, of course,
remained in the same position as she stood at that period. * *
" From all these considerations it inevitably follows, that if,
through force, or fraud, or fear, or corruption, in enacting it, the
union was null, then any act of the imperial parliament, repealing
the act of union, would be, in fact, only repealing a nullity, and
restoring to Ireland a legislature she never had been constitu-
tionally deprived of. It was admitted that had the infraction of
the federative treaty been the act of Ireland, then this reasoning-
would have lost its validity ; but the contrary is direct and
indisputable."*
We find something like a spirit of prophecy in the language
with which this measure was reprobated in the English parliament :
The present Lord Grey, in 1800, thus opposed the union : —
" If the parliament of Ireland was left to itself untempted, un-
intimidated, it would have rejected the resolutions. There are
three hundred members, and one hundred and twenty of these
strenuously opposed the measure, amongst whom were two-thirds
of the county members, the representatives of Dublin, and almost
all the towns which it is proposed shall send members to the
imperial parliament ; one hundred and sixty-two voted in favour
of the union ; of those, one hundred and sixteen were placemen —
some were English generals of the staff, without a foot of ground
in Ireland ; completely dependent upon government. * *
Let us reflect upon the acts used since last session of the Irish
parliament to pack a majority. All persons holding offices under
government, even the most intimate friends of the minister, if
* Barrington's Rise and Fall, pages 402, 403.
( 135 )
they hesitated to vote as directed, were stript of all their employ-
ments. Other arts were had recom'se to ; no less than sixty-three
seats were vacated by their holders having received nominal
" Twenty-seven counties petitioned against the measure (the
union). The petition from Down is signed by 17.000 independent
men, and all the others are similar. Dubhn petitioned under
the great seal of the city, and each of the corporations followed
the example. Those in favour of the measure, possessing great
influence, obtained a few counter-petitions ; yet, though the
petition from Down was signed by 17,000, the counter-petition
was signed only by 415. Though there were 707:000 who signed
petitions against the measure, the total number of those in favour
of it did not exceed 3,000, and many only prayed that the measure
might be discussed. Could a nation in more direct terms, express
its disapprobation, than Ireland has, of a legislative union with
Great Britain ? The nation is nearly unanimous, and this great
majority is composed not of fanatics, bigots, or Jacobms, but of
the most respectable in the community. * * * *
I am far from supposing British members will wantonly abuse
their powers (not they, of course !) — but the property of a nation
SHOULD NOT BE LEFT AT THE DISCRETION OF ANY MEN WHO ARE
strangers! * * * We naturally take a pleasure,
ivhen in calamitous circumstances, in bringing others into a con-
dition equally deplorable — it is, therefore, to be feared that we
would not be unwilling to make the burdens of Ireland as heavy
as our own."
This prophecy has been more than borne out ; for while they
have made us responsible equally with themselves, for the whole
of the enormous debt of England, they have, by ruining our trade
and manufactures, and by stimulating absenteeism, rendered us
less able to pay to the general revenue. We are, therefore,
hopelessly mortgaged, so long as the union endures.
Lord Grey thus concluded : — " Though you carry the measure,
yet the people of Ireland will wait for an opportunity of recover-
ing their rights, which they ivill say were taken from them by
force /"
"While the last act of the drama was performing inside the
walls of the Irish parhament, the house was surrounded with
( 136 )
soldiers ; an English regiment was selected for this service, and
the porticos of the noble building were bristling with bayonets
when the members walked out of the house they were to enter
no more — except on business connected with money. Just as the
debate had concluded, a gentleman, well known in Dublin, saw
Curran, wrapped in a great coat, standing beside one of the pillars
of the portico, leaning against it, where he had been apparently
for some time. His face was shrivelled, its expression haggard,
the color of his face almost yellow, he was the picture of despair.
Curran was not then a member of the house. The gentleman
accosted him, Curran shook hands with him but did not speak
one word. The gentleman put liis arm in his, and led him away ;
Curran moved on as if he was unconscious of the presence of an
old acquaintance. At length some observation in reference to the
result of the debate caught his attention. He stopped suddenly,
stood immediately in front of his acquaintance, who was one of
the society so many of whose members had been his clients, —
and said with that extraordinary energy which was peculiar to
him, — " Where are your 300,000 men now ?"
Other words were spoken, some incoherently, none that might
not have been expected to have fallen from the lips of John
Philpot Curran on that occasion.
The picture of that Irish Marius standing on the threshold of
that place where the liberties of a nation were laid in ruins —
spell-bound, silent, desolate in mind, stricken down, and spirit
broken, brooding over the fall of Ireland, the annihilation of
her nationality, — might suit our pubhc places, and the walls of
that building which was a house of parliament, as well as the
representation of Wilham the Conqueror landing in England, or
triumphing at the battle of Hastings. Times may come when
Ireland may have galleries for works of art devoted to the illus-
tration of her history. It is too much the fashion to think there
are no bright spots in its pages. There are passages in them
worthy of great artists.
( 1^7 )
CHAPTER XX.
We have now to examine the question which has been so often
discussed, and so variously decided, namely, the conduct pursued
by England towards Ireland since the union.
It may be laid down as a general principle, that small states in
the vicinity of, or subject to the power of, great ones are univer-
sally looked upon with a jealous eye ; that jealousy leads to acts
of injustice and feelings of hatred towards its victims. Largeness
of territory seems to imply largeness of moral and mental powers
on the part of its possessors, and to give a natural right to the
inhabitants of a country of great limits, to lord it over the people
of narrower ones. The idea of political superiority is invariably
associated with a sense of personal superiority, a proud persuasion,
on the part of the inhabitants of the country which is the seat of
empire, or the centre of arts and commerce, of superior powers of
intellect and moral attributes, over those of a smaller country, or
one subject to it. Sometimes we find this superiority asserted
on higher grounds than those merely of locahty, or of any adven-
titious advantages. It is generally, but very erroneously,
behoved, that the merit of the conception which made the Irish
people " ahens in language, aliens in blood, ahens in reUgion," to
the people of England, belongs to the present Chancellor, Lord
Lyndliurst. That memorable passage, varied shghtly in the
principal epithet and some of the connecting terms, from the
original, is to be found in the work of a learned prelate of the
church of England, Dr. Edmund Gibson, lord bishop of London,
" On the danger and mischiefs of popery," (p. 4, London 1751).
It will be observed that his lordship not only defrauded the
bishop of his just claim to the merit of this generous repudiation
of Irishmen, as having any thing in common, in language, lineage,
( 138 )
or religion with Englishmen, but rather weakened the force of
the bishop's reasoning, by omitting some words that tended to
show that the great superiority of all of his countrymen over
the aliens of Ireland, was in spiritual matters. " By arts and
methods too Httle observed and attended to on our part (says Dr.
Gibson) have these strangers been suffered to corrupt our people,
and devour our strength ; for in no other hght than that of
strangers, does our constitution allow us to consider papists and
popery : strangers to us in religion ; strangers in government ;
and strangers in interest and design."
It is a pity to deprive Lord Lyndliurst of the merit of origina-
ting this alienating doctrine, but the Right Rev. Father in God, —
Edmund Gibson of London, was evidently the author and originator
of it, though acted on long before his time, when rapacity publicly
took the habit of hypocrisy, and added the guilt of impiety to
that of plunder.
The same policy, in reality, which the bishop of London preached
the piety of in 1751, which inculcated the necessity of making
CathoHcs " strangers" in their own land, was acted on in recent
times, when the Irish were denounced, by the present Lord High
Chancellor of England, in the house of peers, as " AUens in blood,
aliens in language, ahens in rehgion" to the people of England,
to whom the act of union professed to bind them in one common
bond of brotherhood and citizenship.
No better commentary, than that denunciation, is needed, on the
working of that measure of the union at a period of forty years
from the date of its enactment. The plain and obvious meaning
of that declaration is this ; — the Irish, who, in the language of the
law, are united to us, — nommally entitled to all the rights and
privileges of Englishmen, — are in reaUty separated from us in all
essentials. They are of a separate language, a separate race,
a separate creed, they are ahens to us, with whom no union of
interest or affection possibly can hold.
The several instances of a financial kind, in which the faith of
the British government, as pledged to Ireland in the articles of
the union, in the solemn promises of Mr. Pitt, and specious
representations of Lord Castlereagh has been broken, are clearly
set forth in one of Mr. Staunton's valuable financial statements.*
* Staunton's " Case of Ireland," p. 29.
( 139 )
" The countries were united in January, 1801, and three years
scarcely passed over before there was an imposition of new taxes,
calculated to produce as large a sum as £1,253,000 a year.
" On the 20th of June, 1804, it was left for Mr. Foster, who was
an opponent of the union, to make the astounding announcement
that the Irish debt, which was to suffer no increase, had ruinously
increased ; and that the revenue, notwithstanding the milhon that
the English minister was to take on his own shoulder, had dechned.
He complained of the system of borrowing money out of the
country, and thus creating absentee debts, and absentee taxes.
He remarked, that the debt, which in 1793 was £2,400,000, was
then nearly £53,000,000. He proposed to raise new taxes by
increasing the duty on wines." * * * * ^ *
" The total revenue which he expected the state would derive
from all these additions, was, as I have said, £1,253,000 a
■^T ^ O T* ^ "^ ^ ^ * ^ ^ ^ ^ ^
" Lord Lansdowne, in 1822, made a motion on the state of
Ireland. He complained of the obvious decay of the resources
of the country. He said (Hansard's debates, vol. vii. p. 1050)
that in 1807 the revenue amounted to £4,378,241 ; that between
that and 1815, additional taxes had been imposed, which were
estimated to produce £3,376,000, and that so far from an increase
to the revenue having been the result, there was a great decline ;
the revenue in 1821, having been only £3,844,889, or, £533,000
under the amount before the imposition of the £3,500,000 new
taxes. Adding these taxes spoken of by Lord Lansdowne, to the
taxes proposed by Mr. Foster, we have a total of £4,629,000, as
the fruits of exchequer exaction between 1804 and 1815. * *
" At the consolidation of the exchequers in 1817, Mr. Vesey
Fitzgerald referred to the declaration of the finance committee,
and declared that England had drawn altogether disproportionably
on the means of Ireland.
" ' You contracted' said he, ' with her for an expenditm*e she
could not meet, — your own share of which you could not meet,
but by sacrifices unexampled — by exertions, the tension of which
only England could have borne. Ireland had been led to hope
her expenditure luoidd have been less than before she was united
to you. In the fifteen years preceding the union, it amounted to
£41,000,000 ; but in the fifteen years of union it swelled to the
( 140 )
enormous amount of £148,000,000. The increase of her revenue
ivould have more than discharged, without the aid of loans,
an expenditure greater than that of the fifteen years which
preceded 1801. Your own committee have shown you what an
advance in permanent taxation Ireland had made.' * * *
" The words of Sir John Newport, as reported, were these : —
' In reviewing the burdens imposed on that part of the united
kingdom, at different periods, (a consideration over-looked too
much from the magnitude of the affairs of the empire), it will
be seen that she took upon herself too large a share in the
expenditure incident to the war, and has now, in a state of peace,
a substantial and irresistible claim on the justice of the country for
a fair and adequate relaxation of the pressure of taxation which
had been accorded to Great Britain. If the statement be indis-
putable, that Ireland has made such sacrifices, then her claim for
relaxation of burthens cannot be impeached.' * * *
"Mr. Vesey Fitzgerald's statement and resolutions at the
consolidation, are the curiosities of the whole annals of finance.
He came down to announce a national bankruptcy. He said, as
we have seen, that England contracted with Ireland for an
expenditure she could not meet, and the consequence was Ireland's
inabihty to meet the interest of the increasing debt. He referred
to the report of the finance committee of 1815, to show that
if Ireland was obliged at length to shrink from the engagements
imposed upon her, it was not because her pubhc men had not
manifested willingness enough to tax the people to the uttermost.
Havino" made the point of insolvency, and having shown that the
calamity did not occur in consequence of the energies of Ireland
not having been put forth to an extent outstripping England
herself, he submitted his resolutions. He moved, first, that
'The act of union having declared that when the circum-
stances of the two countries would admit of their contributing
indiscriminately by equal taxes to the general expenditure, it
shall be competent to the parliament to declare, that aU futm'e
expenses shall be defrayed indiscriminately by equal taxes.' He
then moved (see parliamentary debates. May 20, 1816) that ' The
respective circumstances of the two countries will, henceforward,
admit of their contributing indiscriminately.' Thus, having
declared the incompetency of Ireland, or what he regarded as
( 141 )
such, he, in the next breath, pronounced her perfect ability to
bear equal taxes with England. The fact was, Ireland was
paying unacknowledged taxes, which were not dreamt of in his
philosophy ; but the singularity was, that after the declaration of
insolvency he had the gravity to move, that ' henceforward the
countries should contribute indiscriminately.' * * * From
this time ' assunilation' may be said to have taken its date as a
system ; but admitting that burthens, according to the notion of
the Enghsh financiers, should be ' assimilated,' it by no means
follows that rehef should not also be ' assimilated ;' and it now
remains to be inquu'ed how far the two countries have got,
relatively, the benefit of tax-remission since the war.
" We have seen, from the statement of Mr. Ponsonby, that up
to 1817 the rehef of Ireland was only to the amount of £344,000.
In 1818 Irish assessed taxes, to the extent of £236,000, were
repealed ;* but in 1819 imperial taxes, to the extent of £3,190,000,
affecting, amongst other articles, malt, tobacco, and tea, were
imposed ; and, as the Irish portion could not be far short of half
a million, the practical rehef to Ireland must have been, to this
period, very limited. In 1821 the entire rehef was to England.
In 1822 and 1823 the Irish assessed taxes were finally repealed ;
but the custom duties of Ireland were raised to the standard of
England. In 1824 the protecting duties (amounting to £300,000)
were removed ; but they were practically, according to my view,
only an encouragement to British commerce. From 1825 to the
present time there is scarcely to be reckoned a relief to Ireland,
but what is included in the remission of the leather and coal
duties, which are in a great measure counterbalanced by the
injurious change in the duties on wines, glass, paper, and postage.
Accordinjr to all calculations entitled to attention, there has been
repealed, since the war, taxation particularly affecting Ireland, to
the extent of £945,433, and imposed to the extent of £1,005,866,
leaving the balance not for, but against, the country ; and the total
tax remission, up to the present day, if the Duke of Wellington
be an authority, amounts to £34,000,000. * * * *
" By what recklessness, then, or stupidity, I ask, on the part
of the English minister, or inertness on ours, could it have hap-
• Sir John Walsh, M.P., on parliamentary reform, p. 39.
( 142 )
pened, that we have remained to this moment subject to all the
war's burdens without the advantage of the war's enormous
expenditure? AVhat was the cause? What could have been
sufficient to produce so strange, and anomalous, and ruinous a
state of things ? The great juggle about the consolidation of the
exchequer, is, perhaps, the best answer that can be given to the
question. The vulgar notion regarding the Irish debt is, that it
exceeded, at the consolidation, £150,000,000, and that England
took upon her shoulders over £100,000,000 of the amount. This
was what Lord Liverpool would have called ' fairness, generosity,
liberality, and kindness.' It has been the answer to every complaint
we have made since 1817. Sir John Newport once observed, that
he never asked any thing in parliament for Ireland without
making Mr. Baring ask, ' when we would pay the debt ?' The
honourable baronet said he always answered Mr. Baring, by
uttering emphatically the word — 'never.' His opinion is, that
we never will, and never ought to pay this debt, as it was bor-
rowed in our name on a false estimate of our resources. At the
union, England, as we have seen, bound us to contribute
£2,000,000 to her £15,000,000 ; and when our taxes fell short of
this quota, money was borrowed principally in England to make
good the deficiency. Now, in the increase of taxes, we went
beyond England herself; and when it was requisite that there
should be such enormous borrowing in our name, it was plain,
that England, to use Mr. Vesey Fitzgerald's phrase, ' contracted
with us for an expenditure we could not meet.' "
The value of the matter in the preceding pages furnishes the
best apology that can be made for the length of the citation. To
the author of the several publications referred to, in which, for
years past, an interest has been kept up commensurate with their
importance, Ireland is deeply indebted for his indefatigable
efforts in her behalf.
( 143 )
CHAPTER XXI.
The state of representation under the act of union, in 1800, and
the reform bill, in 1833, is thus accurately described in one of
the valuable reports of the committee of the repeal association,
in 1840, in the following terms.*
" The mode in which the number of Irish members to sit in the
united parliament, was calculated by Lord Castlereagh, and exhi-
bited to the Irish parliament.
Members.
For Population
202
— Exports,
100
— Imports,
93
— Revenue,
39
434
"The mean of these quantities gave 108^ ; so that, according to
Lord Castlereagh's own calculation, the right of Ireland exceeded
108 members; — no excuse was given for striking off the eight.
Of these, Ireland was defrauded without pretext or argument, and
reduced to the number of one hundred,
" This was a glaring injustice, but it was considerably aggra-
vated by reason of the total fallacy of the scale adopted by
Lord Castlereaoh.
" For example : — he took the population of Ireland as being
only two-fifths of the population of England, there being then no
actual enumeration in either country ; — but the subsequent enu-
merations have proved, that Ireland, instead of only two-fifths of
the population of England, had, in fact, tvjo-thirds, — so that the
allowance by Lord Castlereagh on the above scale of 202 mem-
bers, ought to have been more than 300 on the score of relative
population.
* See pamphlets 42 vol., pamphlet ii, p. 7.
( 144 )
" The second Item of the scale is equally fraudulent ; namely, —
comparative estimates of exports ; that for Ireland was taken by
Lord Castlereagh as only one-fifth; whereas, in fact, Ireland at
that time supplied the British forces in almost every quarter of
the globe, with provisions of every description, and her exports
ought to have been taken at tivo-fifths at the least.
" The tliii'd item, the imports, were calculated as considerably
below one-fifth, but they certainly were much higher, and, instead
of ninety-three members, ought, at the very lowest calculation,
have given Ireland 100, — that is, one-fifih.
" The fourth item, of revenue, was perfectly fraudulent, because
Ireland at that time owed a debt only of nineteen millions, —
whereas, at that time, England owed above four hundred and
SEVENTY MILLIONS ; tlio consequoiice is, that the interest of at
least 450 milhons ought to have been deducted from the English
revenue, before it was brought into a comparison with that of
Ireland : and it is perfectly manifest that in that view of it, the
Irish revenue, instead of being, what Lord Castlereagh called it,
one-tiuelfth, was certainly, at the least, one-sixth. * * # #
"Your committee are convinced that they have made these
corrections much more unfavorable to Ireland, than they really
would have been, and they now beg leave to contrast the scale,
as produced by Lord Castlereagh, with that which he ought to
have produced, if he had any regard to the just rights of the
people of Ireland.
Lord Castlereagh' s scale.
It ought to be —
Population, - - 2-3th, ...
202
2-3rd
, 300
Exports, - - I -5th, ...
100
2.5th,
200
Imports, less than l-5th, ...
93
l-5th,
. 100
Eevenue, - - l-12th, ...
39
l-6th,
. 78
434 678
" The mean of the first was, as we have already shown, 108, —
which was the number of members Lord Castlereagh admitted
Ireland ought to have : whereas, even upon the data assumed by
himself, if this had been stated with any species of accuracy, the
mean of the 678 would be 169^.
" Thus, at the union, if justice had been done to Ireland, she
would have obtained 169 members, instead of 100.
( 1^^:^ )
" Under these circumstances it is palpable that we do not claim
too much in asking for 150 members, or in declaring that we are
convinced that no justice can be intended for Ireland in this par-
ticular, as long as the number is less. * * * #
" Then we take up the finance report of the year 1831, which
gives to Great Britain a nett revenue of £48,325,215, while it
attributes to Ireland only £4,500,897; now this must be admitted
to be entirely fallacious. *******
"For example; — there were many articles consumed in Ireland,
the entire duty of wliich was paid in England ; the amount cannot
be accurately ascertained, as separate accounts are no longer kept
for Ireland : but the last year in which such separate account was
kept, the duty on teas consumed in Ireland, exceeded £500,000,
and various other articles, as, silks, spices, drugs, and the greater
part of the duty on timber, sugar, cotton, coffee, paper, glass,
wine, and other articles consumed in Ireland were paid in, and cre-
dited to, England. To make this matter plain, we have taken the
account as it ought to be stated, by correcting the finance report
of 1831, according to the admitted truth and fact.
Revenue credited Great Britain, £48,325,213.
Deduct teas consumed in Ireland, £500,000,
Deduct for all other customable \ ^ ■ r^r^ ^fyn
articles consumed in Ireland, ^ *-»'*^^'^J"' £1,500,000,
Real revenue of Great Britain, ... £46,825,215,
Revenue credited to Ireland, £4,560,897,
Add the above, £1,500,000,
Actual Irish ;"evenue, £6,060,897.
" It will thus appear that Ireland paid considerably more than
one-eighth of the entire revenue.
"Let it now be recollected, that in 1831 the population of Eng-
land was, in round numbers, 13,000,000; that of Ireland 8,000,000;
— so that, at the passing of the reform act, if the representation
ought to be distributed according to population and revenue, —
and taking them in the most unfavorable way to Ireland, that is,
even supposing the Irish revenue was only one-tenth of the Eng-
lish, the representation should stand thus ; — taking the English
representation to be so low as five hundred :
( 146 )
Ireland for population, 8 to 13, on 500 gives 307
Revenue, 1 to 10, on 500, gives 50
Total 357
" The mean of the tivo being one-half, entitled Ireland to One
HUNDRED AND SEVENTY EIGHT MEMBERS.
" This was the right of Ireland, at the time of passing the reform
bill; and assuredly your committee are extremely moderate, when
under the entire of the foregoing circumstances, they propose to
the National Association to Hmit the demand of Ireland, to one
hundred and fifty members.
"The other branch of the grievances inflicted on Ireland, consists
in the superiority given to the English counties over the Irish, —
for this purpose we refer only to a few instances. First, tiventy-
five counties in England do each of them return four members,
and one returns six, — viz. Yorkshire.
''No county in Ireland returns more than tiuo members, though
the population of the Irish counties, returning only two members
is enormously greater than the population of the English counties,
returning ybiw.
English counties.
Irish counties.
Members.
Population.
Members.
Fopulalion
Cumberland, ... 4 ..
. 126,681
Cork,
2 ...
713,716,
Leicestershire, ... 4 ..
197,276
Tipperary,
... 2 ...
390,598,
Northamptonshire, 4 . .
179,276
Do^vn,
2 ...
337,571,
Worcestershire, ... 4 ..
211,356
Galway,
2 ...
381,407,
Wiltshire, 4 ..
239,181
Tyrone,
2 ...
302,945.
( 1^7 )
CHAPTER XX If.
The various acts of post-union injustice, including those of which
mention has been made in the preceding pages, have been ably
summed up in Mr. Smith O'Brien's admirable speech in the
house of commons, on the 4th of July, 1843, and from it the
following passages are taken, with which this part of my subject
is concluded.
" In passing under review some of the consequences of the
union, we shall have no difficulty in discovering whence arises
the desire for its abrogation. The first topic to which I shall
advert, is its effects upon the financial relations between Great
Britain and Ireland. Upon this point, the most extraordinary
difference of opinion prevails in the two countries. One can
scarcely meet a person in society in England who does not
consider it a great hardship, that Ireland should be exempted
from any of the taxes borne by England. The first lord of the
treasury, (Sir Robert Peel) tells us that Ireland is treated in regard
to taxation, with peculiar indulgence. Yet in Ireland it is
generally behoved that grievous financial injustice is one of the
consequences of the union. The light in which this question is
regarded in Ireland may be stated as follows.
" At the time of the union, the debts of the two countries were
respectively : —
Funded and unfunded debt of Great Britain, year ending,
January, 1801, £446,386,044
Funded and unfunded debt of Ireland, year ending, January,
1801, 28,545,134
Total charge of, in Great Britain, previous to 1801, ... 16,566,586
Total charge of, in Ireland, previous to 1801, 1,194,006
Difference between the amount of separate taxation, to which
Great Britain is fairly liable on account of debt in-
curred previous to the union, 15,372,580
( 148 )
" Assuming that Ireland has been taxed in proportion to its
resources, equally with Great Britain, since the union, there ought
still to be this difference of taxation; otherwise, the poorer
country is called upon to pay the debt incurred by the richer,
previous to the partnership. But instead of a separate taxation
on Great Britain, exceeding £15,000,000, the produce of all the
taxes to which Great Britain is liable, and from which Ireland is
still exempt, exclusive of the property tax, does not now amount
to much more than £7,000,000. The property tax will produce
about £5,000,000, from which a portion is derived from the tax on
the incomes of Irish absentees. In order to show that Ireland
contributed, to the extent of its resources, equally Avith Great
Britain during the war, I will quote an extract from the report of
the select committee of 1815, on the public income and expenditure
of Ireland.
" Your committee cannot but remark, that for several years,
Ireland has advanced in permanent taxation, more rapidly than
Great Britain itself, notwithstanding the immense exertions of
the latter country, and including the extraordinary and war
taxes. The permanent revenue of Great Britain itself, having
increased from 1801, when the amounts were first made to
correspond in the portion of 16^ to 10 ; the whole revenue
of Great Britain (including war taxes,) in the proportion of
21^ to 10 ; and the revenues of Ireland in the proportion of 23
to 10.
" But in the 24 years referred to by your committee, the increase
of Irish revenue has been in the proportion of 46| to 10.
" The above statement was made by a parliamentary committee,
at the close of the war. But it may be said, that in the remission
of taxes since that time, greater indulgence has been shown to
Ireland than to England. I have moved for a return of the
amount of taxes affecting each kingdom, which have been repealed
since 1814. That return has not been yet presented : I must
therefore rely on secondary authority, and quote the statement
made by Mr. O'Connell in the debate in the corporation of
Dublin upon the repeal of the union, in which he computed that
the produce of taxes affecting Great Britain, which have been
repealed, amounted to £47,214,338 ; whilst during the same
period, the taxes repealed, which affected Ireland, amounted only
( 149 )
to £1,575,940, being one-thirtieth, — whereas, in the imposition of
taxes, it was computed that Ireland ought to be subjected to a
burden proportioned to that of Great Britain, in the ratio of 2 to
15, or 7^ to 1. The financial jugglery by which Ireland has been
brought in as a debtor to Great Britain, has been as follows : —
Mr. Pitt in dictating the terms of the union, assumed that Ireland
could pay towards the general expenses of the united kingdom
a contribution in the proportion of 2-15ths, or 1 to 7^, although
the previous revenue of Ireland had borne to the revenue of
Great Britain, the proportion of less than 1 to 12. Separate
accounts were kept for each kingdom. Loan was added to loan,
and placed to the account of Ireland, although over such loans
Ireland had no control, until at length the Irish revenue was
unable to meet the interest on the nominal debt so accumulated
against it. In the meantime, taxation had been carried in Ireland
to that point, at wliich increased taxation produced a diminution
instead of an increase of revenue. At length in 1816, the
exchequers of the two countries were consoHdated, and since that
period, successive attempts have been made to assimilate the
taxation of Ireland to that of Great Britain, until the Irish people
will have the privilege of contributing, equally with the English,
towards the payment of the charge on the debt incurred by
Great Britain previously to the union. The people of Ireland
are unable to perceive the justice of these financial arrangements ;
and they feel indignant, when they are told, upon every occasion
on which a grant of £10,000 may be required for such objects,
that they do not contribute in their fair proportion to the taxation
of the united kingdom, and that England ought not for ever to be
made ' a milch cow' to Ireland. Those who desire a repeal of
the union, contend, that if that measure were to take place, the
financial arrangement of the two countries would be adjusted on
a footing more favourable to Ireland than that on which they at
present stand; and that either the taxes upon the principal
articles of consumption, such as tea, sugar, malt, tobacco, &c.,
would be reduced to the standard which prevailed previous to the
union, or that the surplus revenue of Ireland would be applied
to the promotion of local improvements. * * * *
" Not only did Ireland lose by the union the advantages re-
sulting from the residence and expenditure of a large portion of
( 150 )
the wealthiest classes, but the drain upon her resources has been
still further augmented by the gradual abstraction of all her pubhc
establishments. Upon grounds of economy and general pohcy, I
am far from objecting to any consohdation of the pubhc depart-
ments which may be attended with diminution of expense, and
greater uniformity and vigour of administration ; but, in with-
drawino- from Ireland the various fiscal estabhshments which
existed previous to the union, an attempt ought to have been
made to compensate, in some other manner, the pecuniary loss
sustained by such withdrawal. Many opportunities of making
such compensation have been neglected. As an instance, let us
see how parliament has dealt with Ireland in regard to the naval
expenditure of the united kingdom. None of the harbours of
England can rival those which we possess. How advantageously
some of them are situated for naval expeditions is proved by the
recent rendezvous at Cork, of a fleet destined for some pecuUar
service, which appears to have a reference to the affairs of the
Peninsula ; yet there does not exist in Ireland a single naval dock-
yard. In this country there are nine, namely, Deptford, Wool-
wich, Chatham, Sheerness, Portsmouth, Plymouth, Pembroke,
Deal, North Yarmouth. In Ireland there is only a small
victualling establishment at Cork. *****
" I have carefully examined the navy estimates for the <3urrent
year, 1843 — 4, and I find, out of a gross expenditure of
£6,579,960, not more than £10,000 will be expended in Ireland,
exclusive of the small amount of provisions now purchased there.
* * * I find, by a parhamentary paper which was laid on the
table during the session of 1842, No. 305, that the balance of
remittances between the exchequers of the two kingdoms, for a
specific period, stands as follows : —
Remitted from the Irish Exchequer to the British Exchequer,
between 1795 and 5th January, 1842 £25,995,453
Remitted from the British Exchequer to the Irish, during
the same period 8,311,274
Balance remitted from the Irish to the British Exchequer.... 17,664,179
" In order to show that the causes which have produced this
result are still in operation, I may mention that of the above
amount of £25,995,453, the portion remitted from the Irish to
( 151 )
the British exchequer during the nine years ending 5th January
1842, was £6,355,000
Whilst during the same period there was remitted from the
British to the Irish Exchequer, only 80,000
Balance of remittance from the Irish to the British Exchequer, 6,275,000
Being upon an average an annual remittance of about 700,000
" Now, those who speak for repeal of the Union, beheve, that
instead of such an annual tribute being sent out of their country,
the supphes voted by an Irish parhament would be expended in
Ireland by Irishmen, for the benefit of Ireland. * * *
" The next great legislative measure, by which the interests of
Ireland have been affected, was the reform act. It will be ad-
mitted, the reform bill could not have been carried, if it had not
been supported by the votes of a majority of the Irish represen-
tatives ; yet in the adjustment of the representation, the claims of
Ireland were overlooked. Previously to the reform act, both
Ireland and Scotland had reason to complain that they were not
represented adequately, in proportion to their population and re-
sources, in comparison with England ; but Scotland had less reason
to complain than Ireland ; yet Scotland obtained an addition of
eight members, whilst only five were given to Ireland. * * *
" The detail of the injustice which Ireland has suffered, in
reference to its representation, is even more striking than the
general view here presented. The corrupt borough of Harwich,
with its population of 3,829 persons, together with the nomination
borough of Ripon, possess as much influence in the legislature as
the county of Tipperary (including the members for Cashel and
Cionmel), with its population of 435,553, and its rental of
£886,439. Again, compare the representation of Dorsetslure
with that of the county of Galway. The area of Dorsetshire is
627,220 acres ; its real property assessed to poor rate in 1841,
£735,234 ; its population in 1841, 174,743 persons ; the number
of its members— county 3, Bridport 2, Dorchester 2, Poole 2,
Lyme Regis 1, Shaftesbury 1, Wareham 1, Weymouth 2 —
total 14. The area of Galway is— county 1,485,533 acres, town
25,059 acres— total 1,510,592 acres ; the rental, as estimated by
. Griffiths— county £850,000 ; town (excluding the value of the
houses) £18,894— total rental £868,894 ; and if the value of the
houses be included, not less than £900,000 per annum. The
( 152 )
population in 1841 was — county 422,923; town 17,275 — total
440,198; county members 2, town ditto 2 — total members 4. In
each of the particulars of area, rental, and population, Galway
greatly exceeds Dorsetshire ; yet Dorsetshire has 14 represen-
tatives, while Galway enjoys only 4. * * * * *
" If the number of our representatives is inadequate, not less so
is the constituency by whom they are elected. * * *
"The population of Ireland in 1841 was 8,175,238 persons. The
number of electors registered between the 1st of February, 1835,
and the 1st of February, 1843, was as follows : — Counties 63,389 ;
cities 27,091 ; boroughs 19,465 ; — total 109,945 ; being less, by
14,332, than the number registered during the five years pre-
vious to the 1st of February, 1837. But, inasmuch as this
registry extends over a period of eight years, a large deduction,
probably not less than one-third, ought to be made for double
registries, deaths, and expiration of title. After these deductions
have been made, the actual number of persons qualified to vote,
cannot be assumed to be more than 80,000, or say one per cent.
on the population. If property be regarded as the legitimate
basis of the franchise, the number of electors is almost equally
inadequate in reference to this test. Assuming the rental of
Ireland to be £15,000,000 per annum, which is not far from the
truth, there would not be more than one elector for every
£187 10s. of rental. Now, in the first year, after the Reform
Act, the proportion of electors to population in England was, in
counties, as 1 to 24, and in boroughs and cities as 1 to 17. The
number of electors in England has since that time considerably
increased : in Ireland the constituency is yearly diminishing. So
much for the general views. Now look to the detail Assuming,
first, that the parliamentary franchise ought to be commensurate
with population, let us compare the number of electors in two
counties of Ireland and England in which the population is nearly
the same — Mayo and Lmcolnshire. In Mayo, Avhich has only
two representatives, the population in 1841 was 388,887 persons.
The number of electors registered between the 1st of February,
1835, and the 1st of February, 1843, was 1494. This number is
subject to a deduction of say one-third for double registries,
deaths, and loss of title. In Lincolnshire, which is represented
by 11 members, the population was in 1841, 362,717 persons ;
( 153 )
the number of electorss qualified to vote in 1840 was — county
electors 18,876 ; town ditto 3999— total 22,875. But, if it be
said that the franchise ought not to be proportionate to the
population, but to property, let us compare two counties in regard
to rateable property. In Meath the population amounted, in
1841, to 183,828 persons ; the rateable rental, according to the
townland valuation, which is much below the actual rent, to
£527,593 ; the number of electors registered between the
1st of February, 1835, and 1st of February, 1843, 1481,
subject to deduction for double registries, deaths, and loss of
qualification.
"In Westmoreland, the population was, in 1841, 56,469 persons ;
the real property rated to poor rate in 1841 was £266,335 ; the
number of electors quaUfied to vote in 1840 was — county 4,480 ;
town (Kendal) 351, — total 4831. Now, if Meath had a con-
stituency as large as that of Westmoreland, in proportion to the
real property of each county, Meath would have about 9000
electors, instead of 1481 upon the registry, of whom, probably,
not more than 1000 are quahfied to vote. * * * *
" In considering the constitutional representation of Ireland, in
the imperial legislature, I must not altogether omit to notice the
injustice which was inflicted on the nobility of Ireland by the
terms of the union. The equivalent given to the Irish house of
peers, in compensation for their extinction as a separate branch
of the Irish parhament, was the introduction into the British
house of lords of only twenty-eight representative peers. The
position of the Irish nobihty is marked by a degrading inferiority.
The Irish peerage is a sort of hybrid dignity. An Irish lord is
something between a peer and a commoner, without the faculties
of either. He is excluded from his natural place in the house of
lords, and yet cannot exercise many of the privileges of a com-
moner. He cannot sit on grand juries ; he cannot vote at elections ;
he cannot sit in the house of commons as the representative of an
Irish constituency. *******
" The next Irish question to which the attention of parliament
w^as directed, was that of the Irish church. As no redress has
yet been afforded with reference to this grievance, I am compelled
to dwell on this topic at more length. Let me first state the
relative numbers of the several religious communities existing in
( 154 )
Ireland, as ascertained in 1834, by the commissioners of public
instruction :
Members of the Established Church, 852,064
Presbyterians, 642,356
Other dissenters, 21,808
Eoman Catholics, 6,427,712
7,943,940
" Now I would ask any man of common sense, on either side of tho
house, whether it is possible that any nation could be contented
with an ecclesiastical system which provides a rehgious establish-
ment for the church of so small a minority of the people, whilst
the remainder of the population are excluded from similar
advantages. *********
" Next in the catalogue of Irish measures, is the act of reform
of the municipal corporations.
" How was it treated by the British parhament ? when you
passed, with the concurrence of both sides of the house, a measm'e
of corporate reform for England, it seemed to be a natural
consequence that you should extend to Ireland a similar enactment.
Instead of doing so, you refused for two years your assent to
anything beyond the extinction of the former corporations. On
what grounds ? Simply because the people of Ireland professed
the Roman Cathohc faith. If there had been any doubt about
your motives, these doubts were removed by the declaration of
the person whom you have since made lord chancellor of England.
He told the people of Ireland that they were not to enjoy the
benefit of municipal institutions, because they were ' aliens in
blood, in language, in rehgion'. At length you found that your
party interests would be injured if you persisted in resistance to
the reform of our municipalities : you therefore consented to
subject the corporations of Ireland to popular controul ; but you
contrived to embarrass the measure with a series of harrassing
restrictions, apparently with no other view than that of rendering
it nugatory. ********
" The last specimen of British legislation for Ireland, is the
arms bill, resistance to which has occupied so much of that time
which ought to have been bestowed on the consideration of remedial
measures. The conduct of the present ministry with regard to
( 155 )
this bill, has been most offensive to the Irish people. They have
collected together all the unconstitutional clauses of former arms
bills, which having been enacted during periods of insurrection,
had become obsolete, after the emergency, which justified their
original introduction, had passed away. They have called upon
us, not only to give to these obnoxious clauses a new sanction
by their formal re-enactment ; but they even propose to render
them still more harsh and oppressive. In vain do the Irish
members who represent the wishes of the great body of the
nation, remonstrate against this proceeding. Their voice is
altogether unheeded, and tliis odious law is to be forced by
English majorities upon a reluctant nation. How can you blame
the Irish people for seeking to abstract themselves from a system
of legislation which is thus regardless of their representations
and remonstrances ?"*
* Speech of William Smith O'Brien, Esq., L.E.A. Report, Dublin.
( 156 )
CHAPTER XXIII.
The 1st of January, 1801, the act of union came into effect:
Ireland ceased to be a nation, it became a province of England.
The two questions which I started with propounding, the reader
is now in a condition to answer : — Was Ireland entitled, by the
terms of her original federal compact with England, to an inde-
pendent legislature ? Was Ireland wrongfully deprived of her
parliament ? If these questions be answered in the affirmative,
the restitution of a nation's right, wrongfully taken away, is an
obligation that cannot be set aside by any efforts of sophistry.
The same English parliament that made an unjust law to abolish
the Irish legislature, is competent surely to enact a just law to
restore it. It is no part of the duty of Irishmen, at the present
period to expend their time and talents in devising schemes, that
may be supposed to be more consonant to the wishes of the people
of England, than the simple project of the repeal of the act of
union of 1800. The people of Ireland have no right to ask more
than was obtained in 1782, or to be satisfied with less, in addition
to that boon, (and such guarantees as are requisite for its security)
than was conferred on the people of England by the reform act.
They should require better securities for their liberties than
Mr. Grattan was contented with in 1782 ; they may enter into
a treaty of commerce with England, founded on just and liberal
principles; they may consent, by treaty, in consideration of
commercial advantages, equal to those of England, to contribute
to the expenses of the defence of the empire and of its trade, in
some ratio to be determined by the proportionate value of Irish
trade to that of England ; they may stipulate hkewisc by treaty
for the military defence of their own country, and engage to
defray the expense of it : and lastly, they may come to an
( 157 )
agreement with the imperial government, to levy no additional
duty to that wliich is now imposed on any article of Enghsh
importation, unless a corresponding augmentation of duty is made
in England, on its exported commodities and manufactures for
the Irish market. All matters of imperial pohcy, involving
questions of peace or war, of succession to the throne, the
restriction or extension of the powers of a regency, it would be
advisable to leave to the determination of the imperial parliament,
reserving the right however, of confirming all such acts in the
Irish parhament, as directly or remotely might aifect Irish interests,
but relinquishing any claim to originate measures in reference to
such imperial objects. One of the most important and difficult
questions, that would require an adjustment previous to any
other parliamentary arrangement, would be the settlement of the
financial differences which have been created by the violation of
the articles of the union respecting the debt of Ireland, and
especially by the consolidation of the exchequers in 1817. These
differences should be the special subject of early negotiation
between the Irish leaders and the EngUsh government, and some
well defined general basis established, for future parhamentary
arrangements. In such arrangements, care should be taken by
the explicitness of the terms of agreement, that any advan-
tages acquired, should not be frittered away ; and, profiting by
the lesson of 1782, that in legislation, nothing should be lost that
was gained in negotiation.
The principles of the reform bill applied to the constitution of
1782 would suffice to make the house of commons efficient, and to
some extent a popular assembly, in which hberal whig politics,
after a short time, nevertheless, might be expected to preponde-
rate. But whether the Irish commons, constituted as it would be,
might afford a more extended base for real representation, or a
wider field for the exercise of democratic influence, than the
present English commons, with an extended franchise, is a matter
of much doubt. In 1793 the elective franchise was given to the
Irish forty-shilling freeholders. In 1829 it was taken from them,
and it is not likely to be restored. The apprehension of un-
settling the relief bill, guarantees, at least for some years, the
continuance of the restrictions on the Irish franchise.
The great question of transcendent importance is, whether an
( 158 )
English parliament, or an Irish one, restored to tho powers of
1782, would afford the best means of remedying the giant evil,
the overwhelming grievance, the landlord tyranny that produces
the monster misery of Ireland, the murderous destitution of
the peasantry ?
Any other advantage, gain, or glory, compared with the power
of remedying this evil, sought from the restoration of an Irish
parliament, is of small moment. Yet the question has not received
all that attention which it deserves. It has not been sufficiently
discussed by any class of politicians, — by whigs, radicals, or
repealers. Tories, of course, are out of consideration, as it is
only landlord interests and landlord questions which have claims
on them. Were the reformed English parliament not a landlord
house, but one that existed for the nation's good, — in one word,
were the franchise largely extended, and its exercise duly pro-
tected, landed property would be taught its duties, and shorn of
many of its usurped, pohtical, and social powers and privileges,
the people's condition would necessarily be improved. This
would unquestionably be the case in England ; but would it be so in
Ireland ? Would any important change come over the spirit of
the EngHsh nation, naturally proud of its imperial greatness, and,
like all great nations aggrandized by the spoils of others, un-
reasonably jealous of the power and prosperity of its neighbours,
and ungenerously inimical to the interests of all people dependent
on it?
This is the natural consequence of great territorial acquisitions
made or maintained by violence, fraud, and injustice. This
assertion demands more attention than can be given to it in this
place.
But would the people of Ireland, the predial classes, have
more chance of justice at the hands of an Irish parliament, con-
stituted on the old basis, but modified by the additional benefits of
the Enghsh reform bill ? This question ought to be answered
honestly and truthfully, without regard to any consequences that
may ensue from its solution. No other effectual barrier can ever
be set up against the encroachments of British power, and the
sly, insidious steps of its parliamentary usurpation, than a strong
infusion of democratic spirit, in the assemblage of the three
hundred members of the Irish parliament.
( 159 )
An Irish parliament, immediately chosen after the success of
the repeal movement, would have returned to it a large majority
of members truly representing tlie nation's mind on the subject of
repeal. Many would be borne on its stream when its course was
smooth, and the troubled waters of agitation ceased to perplex
the minds of country gentlemen, when the principal figures in the
fore-ground of the battle scenes in parliament, became familiar
objects, and their merits common subjects of discussion, and their
well-earned honours common objects of envy. In times of sus-
pended action, or of permanent repose, other feelings would
supervene, — other jealousies would grow up, — other interests
would arise, — other men would push the old leaders from their
stools, and there would be no hope for vigour, or the virtue of
that body, except in the infusion of new streams of Hfe, fresh
from the democracy, into the veins of the constitution.
The democratic influence in the house of commons is the only
flood-gate that could be opposed to the torrent of corruption that
might be expected to set in from England. The mode of ruhng
Ireland in England, for English interests, by means of an Enghsh
influence in the Irish legislature, in the government, in the army,
the church, and on the bench, there can be little doubt would
be again resorted to ; and no barrier but that of the rude strength
and staunch integrity of the democracy, largely blended with the
national representation, coidd long avail, against the constant
eff'orts of foreign jealousy and animosity, against our institutions,
on the part of a people, who, in their conduct towards other
nations, realize the strangest anomaly that can possibly be con-
ceived ; they glory in the freedom of their own country ; but
they can never look on liberty abroad except with feelings of
hostility to it, and especially to that degree of liberty under re-
presentative government which most nearly resembles the boasted
freedom of their own constitution. This is a strange circumstance ;
but one, nevertheless, that is no less true than strange.
There is a curious passage in a pamphlet entitled, "xi letter
from a right honorable (gentleman,) to the Rev. Mr. Gast," in
1755, in reference to the dangers the parhament was exposed to
from English corruption : — " You talk as if a country could not
be undone by men who have a property in it. Have not the grand
projectors against every kingdom's liberties in every age been men
( ICO )
of the first rank and wealth in it ? Do you seriously imagine tliat
there could be no way found, to secure some individuals in affluence
unbounded, amidst a ruined beggared people ? This is far from
a paradox, it is a necessary consequence. For when a people's
privileges and properties are betrayed into bondage, the instru-
ments must not only be rewarded, but, of necessity, continued in
extensive share of dominion to keep down the struggling spirit
of the people. * * * "VVill you confide in such men because
of their property ? Or will you not think it possible that some
compacts may have been formed, to preserve, or to aggrandize,
them amidst the general ruin ? You know these men can never
rise but by extra-national assistance, and will this be given them
without an assurance of their effecting a desired scheme ?"
I am well aware the great fear entertained of the effects of a
repeal of the union, is that which arises from the apprehensions
that seem generally to prevail that the repeal of the union would
bring a desperate democratic body of men into parliament, who,
having no property in the country, would have no dread, conse-
quently, of anarchy, violence, or confusion. The propounders of
these opinions take it for granted, that all virtue emanates from
property, and especially property in land ; that industry has no
stake in the soil, and gives no "hostages to fortune," when it
gives subjects and citizens to the state, and contracts obligations
for their support, education, and worldly advancement. A man,
however, who has a vast quantity of land laid out in pasture, who
is distinguished as a sportsman, and administers the law indiffer-
rently at quarter sessions, this man, no matter what his intellects
or his principles may be, is deemed a fit man to deal with the
nation's interests in parliament. The writer I have just quoted,
says, the syllogistic mode of argument is adopted by these
reasoners, — "All that is valuable in our country is the soil
and the game. The graziers preserve the first, the fox-hunters
the second. Ergo, graziers and fox-hunters have the whole
country in a state of preservation, and are the fittest men to
govern the state."
There is no reason to believe that the democracy is less just and
upright in relation to the rights and privileges of their fellow-
countrymen of all classes, than the ohgarchy, or aristocracy,
which governs the government of Great Britain.
( 161 )
Federalism, as explained by Mr. O'Connell, means more than
some of its advocates understand by that theory.
The following explanation of Mr. O'Connell's meaning of it,
was given in a letter of his to the Repeal Association, the 8th of
November, 1844.
" Simple Repeal, I take it, consists in this : — First, on the pre-
servation of the connexion between Great Britain and Ireland,
through the means of a sole executive and the golden link of the
crown. Secondly, in the repeal of the union statute, 50th George
III., chapter 47. Timidly, in the restoration of the Irish house
of lords in all its integrity. Fourthly, in the re-construction,
(upon reform principles,) of the Irish house of commons, consisting
of thi'ee hundi'ed members, distributed upon the basis of popu-
lation, that being the basis adopted by the Enghsh reform bill.
Fifthly, that the restored Irish parhament should have aU the
powers which were vested in the Irish parhament before the
union ; that is to say, complete legislative and judicial authority
in Ireland.
" I think it right to state my thorough conviction, as well as
my perfect determination, that we should never consent to receive
less for Ireland than what is contained in these five propositions ;
this would be giving Ireland to the Irish ; but it would give them
no further share in the advantages of British connexion. It will,
however, amply content me, because the Irish parhament would
have in itself, inherent means of opposing the abuse, by Great
Britain, of the powers which are vested in the British crown, and
in which the late Irish parliament had no share.
" I repeat, thus much I require for Ireland, — complete legis-
lative and judicial authority, vested in the crown and the restored
Irish houses of lords and commons. It never entered into my
mind to accept of less, and it never can.
"It may be right here to remind the Irish people of a fact,
that there were seventy nomination boroughs in Ireland before
the union. All these would have been swept away at the
time of the reform bill in England, if Ireland then had had
her ovra parhament. They will, of course, be considered as
annihilated, and so much of the union statute as sweeps them
away, would be re-enacted by the act repealing the union statute
itself:'
N
( 162 )
Federalism, as expounded, or purported to be expounded, in
Mr. Sharman Crawford's recent letters to the editor of the
Freeman's Journal, would appear to have very little in common
with the Federalism described by Mr. O'Connell, as the following
passages from Mr. Crawford's letters will plainly show: —
"I shall as a preliminary step, refer to the practical evils which
have arisen, and which, it may be apprehended, will hereafter
occur, from the existing state of the connexion between Great
Britain and Ireland; I shall class them under the following
heads : —
" 1st. — Violation and insecurity of civil rights.
" 2nd. — Imperfect and ignorant legislation regarding our local
institutions and financial capabilities.
"3rd. — The danger and the probability of an assimilation of
taxation.
" 4th. — Expenses and difficulties in seeking and obtaining acts
for improvement.
" 5th. — Insufficiency of aid from the state, for public works in
Ireland.
" 6th. — Evils of centralization, and probable increase of them.
" 7th. — Inadequacy of the Irish representation in the imperial
parliament to express the wants and feelings of the people of
Ireland.
" 8th. — Inadequacy of the Imperial parliament to do the work
required under the present system of parliamentary business.
" 9th. — Difference of circumstances between England and Ire-
land rendering assimilation impracticable and inexpedient.
" 10th. — Proofs of the foregoing from the present condition of
Ireland.
" 11th — Present danger to the connexion of the two countries."
The first position, which is the ground-work of the argument,
and which alone it would be sufficient to sustain, is illustrated
in the following terms : —
" There is no security for civil rights. The union was based
on the theory of identification, but that identification was not pro-
vided for by the act of union, — that identification does not exist —
that indentification cannot exist between countries whose circum-
stances are in every respect so dissimilar as those of England and
Ireland. From this cause separate legislation became necessary ;
( 103 )
and how were we treated ? Just as every country must expect
to be treated, and I will say, deserves to be treated, who places the
power of separate legislation in the hands of the representa-
tives of another country. By the means of an English majority
in the imperial parliament, the two great measures for the ad-
vancement of popular liberty, — the parliamentary reform act and
the corporation reform act, — were curtailed in all their important
provisions when framed for Ireland, and the rights of the people
of Ireland have been incessantly violated by a succession of arbi-
trary and unconstitutional laws, passed on various occasions since
the union by the same power." ******
" I wish now to show that the demand so made is not only just
and right in itself, but in accordance with the principles and
general practice of the British constitution, as applied to the
several portions of the empire, where separate governments or
separate estabUshments of any kind are required. I may refer, as
proofs to my assertion, to the local legislatures of Canada, Jamaica,
Nova Scotia, New Brunswick, the Bermudas, Newfoundland,
Prince Edward's Island, &c. Eastern India is the only important
exception — an exception which cannot probably long continue. I am
warranted, therefore, in the assertion, that local representation is
the principle of British rule, and that the connexion estabhshed
wdth Ireland by the act of union was and is an exception to this
rule, an anomaly which cannot be justified either by the theory
or the practice of the British constitution.
" As I deem it of great importance, to show that the claim of
local legislation now put forward by Ireland is not an innovation
on the British constitution, I shall devote this section to a review
of the powers conferred by England in the constitutions she has
granted to her provinces ; and as a sample I shall give an analysis
of the act for the construction of the legislature of the united
provinces of Upper and Lower Canada, 3rd and 4th Victoria,
chapter 35.
" The preamble states that "it is necessary that provision be
made for the good government of the provinces of Upper and
Lower Canada, in such manner as may secure the rights and
liberties, and promote the interests of all portions of her Majesty's
subjects ivitMn the same." This is distinctly what I demand for
Ireland,
( 164 )
" The 3rd section declares, that the legislature of Canada shall
consist of two houses, to be called a Legislative Council and House
of Assembly ; and that these two houses, with the assent of her
Majesty, shall have power to make all such laws as may be
necessary for the peace, ivelfare, and good government of Canada,
subject to the exceptions and regulations in this act contained,
J(£jfy-j ^ Tt" vp- vr« vP vP 'W'
" The 42nd clause regards the power of the local legislature in
making laws, and provides safeguards against partial or unwise
legislation on certain particular matters. It provides as follows : —
" ' That whenever any bill or bills shall be passed by the houses
of parliament in Canada, containing any provisions to vary or
repeal certain acts therein stated, or which shall contain any
provisions which shall in any manner, relate to or affect, the
enjoyment or exercise of, any form or mode of reUgious worship,
or shall impose or create any penalties, burdens, disabilities, or
disqualifications, in respect of the same, or relate to other matters
regarding religious worship, every such bill or bills shall, pre-
viously to any declaration or signification of her Majesty's assent
thereto, be laid before both houses of parliament of the united
kingdom of Great Britain and Ireland ; and it shall not be lawful
for her Majesty to signify her royal assent until thirty days after
the same shall have been laid before the same houses, or to assent
to any such bill or bills in case either house of parUament shall,
within the said thirty days, address her Majesty, to withhold her
assent therefrom,'
" The 43rd clause regards the power of taxation. It recites an
act passed in the 15th George III., chap. 12, which declared that
the king and parhament of Great Britain would not impose any
duty, tax, or assessment whatever, payable in any of his majesty's
colonies, &c., except only such duties as it might be expedient to
impose for the regulation of commerce, the net produce of such
duties to be always paid and applied to, and for the use of, the
portion of the empire in luhich the same shall be respectively
levied, in such manner as other duties collected by the authority
of the respective general courts or general assemblies were
ordinarily paid and applied. The clause then goes on to establish
these provisions — to retain in the imperial parliament the right
to impose such duties as may be necessary, for the regulation of
( 165 )
navigation and commerce ; but provides that the produce of all
such duties levied within the province, shall be at the disposal of
the local legislature, hy and with the assent of her Majesty.
" The act then proceeds to make provisions with regard to the
courts of law, the power of the governor, and other matters
locally affecting the concerns of the colony.
" Such are the important powers vested by this act in the local
legislature of Canada ; they are no innovation on the constitution,
because we find the same power given by an act so far back as
the tliirty-first year of the reign of George III, (1790), which
act is referred to in the act from which these extracts are taken.
" My object in quoting this act for the constitution of the local
legislature of Canada is to clear away, by practical demonstrations,
the objection of those who say that the power of local and im-
perial legislations cannot be defined ; they are defined and acted
on in the various colonial possessions of England, on which local
legislatures are conferred. ******
" For reasons I have often before stated, it appears to me
indispensable for the permanence of the connexion, and the safe
dealing with the various interests concerned, that if a local
legislature be estabUshed in Ireland, an imperial control should
be yielded to imperial legislature with regard to certain classes
of measures. And if such control be given, Ireland ought to
have a representation in the body to which that control is per-
mitted. And if Ireland be so represented, I think it can be
effected by such an arrangement of parliamentary business as
will not do violence to the existing constitution of the empire.
But the object I have first and mainly in view is to show the right
of Ireland to local legislation, and the justness and practicability
of her demand." ********
The third letter of Mr. Crawford gives the details of his plan,
which are in fact nothing more than the application of the
principles of the Canadian and West Indian legislatures, to the
proposed measure of an Irish local house of assembly and council.
The working of those unibrce of parhaments, in the colonies, is
not very favourable to Mr. Crawford's recommendations of the
adoption of the shadow of a shade of an independent legislature
similar to that which exists in Jamaica and the Canadas. It
surely must have escaped Mr. Crawford's attention, that the
( 166 )
West India legislatures, whenever they ceased to be subservient
to the Governors, and the Councils, the majority of whose members
are either appointed by the former, or, in virtue of government
offices, are councillors in right of such appointments, the practice
of " The King's House" in each colony, has ever been to foment
divisions in the house of assembly, to gain over a sufficient
number of refractory members " to do the king's business," and
this object has been usually effected, either by cajoling or
corruption, by facilitating a job, bestowing a place, or over-
whelming with " King's House" favour, the wives and daughters
of intractable opponents in the assembly, at balls and banquets,
during the stormy period of a session. And on some great
occasions, when such efforts have failed, Mr. Crawford cannot
forget, that designs have been entertained by the government of
the mother country, of curtailing their privileges, already suffi-
ciently restricted, for no act passed in the West India legislatures
has the force of law, if it be at variance with any imperial
statute ; and the fact is sufficiently recent for remembrance,
that a measure was proposed to parliament, by the late ministry,
for suspending for a term of years, the functions of the House
of Assembly of Jamaica. Mr. Crawford surely cannot forget,
that the squabbles between the legislatures of Canada and
the governors, (squabbles inseparable from the constitution of
those Assemblies, and the pretensions of governors to interfere
with their privileges, and the instructions of governors to control
their proceedings,) have been the occasion of rebellion in those
provinces. Rather than a legislature on the model of those of
the West Indies and the Canadas should be given to Ireland, most
fervently does the author pray, that her eight millions of inha-
bitants should continue to be dragged at the tail of another
country, without a parliament of her own. Perhaps he may
know more than Mr. Crawford does, or can do, of the unsuccessful
working of those local legislatures of Canada, Jamaica, &c."
( 1G7 )
CHAPTER XXIV.
The triumph of the Repeal cause might be hoped from itss
justice. So might that of Poland be hoped for, even against
hope, when the gallant people of that ill-fated country were
contending against the power of the Autocrat of all the Russias.
So might that of Portugal be hoped for, when the most powerful
monarch of the universe made war on its independence. But
the ways of Providence are beyond our wisdom to comprehend ;
and the very triumphs of injustice, — which seem complete, and of
permanent advantage to the \ictor, — in the guiding hands of Him,
with whom (in our inadequate powers of expression) " ten thou-
sand years are as one day," — turn out to be the scourges of
ambition — the remote but efficient causes of the ruin of ill-used
power.
The triumph of the Repeal cause, it would be too much to
hope for from the justice or generosity of Great Britain, in the
times which blind nations with respect to their true interests —
when prosperity betrays their judgments — when the successes
of injustice hft up their proud hearts, and lead them to tliink
their power is supreme, secure, and irresistible. But there is
no power superior to that of Providence, and no elevation of
pohtical influence so exalted as to be secure against reverses,
that in a single year may undo the work of ages, and make
the triumphs of a hundi'ed well-fought fields cede to the un-
foreseen combinations of events which a single season may
bring forth.
The triumph of the Repeal cause, in all human probabihty, is
destined to be achieved. " A country of eight millions of inha-
bitants is not destined to be dragged long at the tail of another !"
( 168 )
But in the aspect of the affairs of Great Britain and of Europe,
at the present moment, no man can state that Repeal is imme-
diately to be obtained, — that the struggle for it has not to be
continued for another year, and may not have to be continued
for two or three, or even four years. But whoever calmly and
attentively considers the state of commercial affairs in England, —
of her commercial relations with foreign countries, — the nature of
the influence which is predominant in the Peninsula, — the drift of
the policy which is pursued on the Continent, — the progress of
native manufactures in America, in France, in Germany, in Hol-
land, in Belgium, in Switzerland, — the precarious tenure of the
Chinese market, — of the territorial acquisitions newly wrested
from the natives of India ; and above all, the state of the labour-
ing population of England, the up-heavings of society, from the
lowest strata to the surface, gradually, but obviously, thinning
the crust at each ebulhtion and expansion of its inflammable and
inflamed materials: whoever considers deeply this state of
things, and behoves that England is not hkely to be, within the
five ensuing years, bound in penalties to an amount equal to her
debt, not only to keep the peace in her own possessions, but to do
justice, ample justice, to the inhabitants of them, comes to a con-
clusion which few thinking men in England, in or out of office,
will concur in. " The power of England is supported by her
wealth ; and as that wealth is accumulated by commerce, and as
her trade with Ireland is now a principle (rather a very large)
part of that commerce, Ireland may be said to hold the key of
such a proportion of her wealth, as the trade of Ireland bears to
the universal trade."*
It requires, however, a strong faith in the repeal cause to be-
hove in its success, when one sees the old policy of its enemies,
and those of the Irish parliament nearly half a century ago, once
more brought into operation; — when divisions are sown in the
repeal soil, and the bitter fruits of dissension begin to show them-
selves here and there in the shape of anonymous reprehension, of
angry expostulation, dubious counsels, unworthy imputations, and
necessitated defences, not of the cause, but of its trusty advocates.
* Letters of Causidicus, No. 12. Dublin, 1779.
( 169 )
It needs a strong faith in the patriotism and virtue of the Irish
priesthood, to be fully convinced of the failure of all efforts to
divide its body, to deprive the pubhc cause of the energies of any
portion of its members, when one sees an insidious measure affect-
ing the interests of their reUgion, flung into their ranks like a
torch lighted at both ends — a flaming brand of discord. But the
faith cannot easily be shaken that is founded in the deep conviction
of an entire people's settled purpose, — in the justice of its un-
bounded confidence, — in the representation of all its feehngs,
wants, and wishes by the great advocate of civil and religious
liberty, — in the devotion to all its interests, of a hierarchy and
clergy untrammelled with state connexion, — in the utihty and in-
tegrity of its press and national association, served by the best
energies and talents of the young men of Ireland. IsTor should
the exertions of the latter be relaxed by passing difficulties, or
any efforts that covert treachery, or undisguised hostihty can
make to bewilder or to break down pubhc opinion.
The eloquent Drennan, in liis letters signed " OreUana, or the
Irish Helot," pubhshed in 1785, addressing himself to the young
men of Ireland, and urging them on " to the final accomplishment
of their glorious purpose, by concentering, and condensing the
will of a whole people into one great assembly," says, " I address
myself to you with warmth and with emphasis. The spirit of
national reform, like the spu-it of youth, must be active, ardent,
progressive, impassioned, enterprising, enthusiastic. Advanced
age is a heavy, inactive, procrastinating disposition which always
(no, not always) acts on the defensive, and wishes, hke Fabius, to
conquer by delay. The genius of reform must be attended with
a certain gallantry of soul which pushes forward in the field of
virtuous glory. It is this gallantry of soul, hke the white plume
on the helmet of Henry IV. of France, always seen in motion
among the thickest of the enemy, which will inspire those who
follow with confidence, and those who oppose you with despair.
****** " You are not yet benumbed
with the trembling caution and commercial selfishness of the
aged. The corrupted part of the globe has not yet contami-
nated the native honesty of your hearts. * * * *
* * * * * *' Your unadulterated spirit has all
( 170 )
the raciness of generous cind genuine growth, and tastes of the
flavour of the soil."*
Chief Baron Wolfe, at the expiration of more than half a
century, in language which the "Nation" has aptly appropriated
for its motto, expressed himself in nearly similar terms, recom-
mending his countrymen "to create and foster public opinion
in Ireland, and to make it racy of the soil."
The object of both was nationality — the means of serving it the
same ; — the energies of the young, the generous, the genial friends
and lovers of liberty throughout the land. But all the glory that
is connected with this object, and the bright hopes that are
founded on the agency that is employed for its attainment, can
only be consummated by an entire reliance on the truth and
wisdom of that admirable saying — " the etids of war may be
attained by the instruments of peace."
But while this doctrine is taught, preached, and practised by
all thinking men, it would be a folly to shut our eyes to facts that
cannot be denied, namely, that the majority of mankind are less
influenced by the lessons of philosophy, than by considerations of
the ripeness or immaturity of any opportunity that presents a
prospect, or possibihty that appears of recovering the rights
which they have lost, and have set their hearts on regaining.
" I pray it may be considered," says Molyneux, " whether any
men obey longer than they are forced to it ; and whether they
will not free themselves from this force as soon as they can. 'Tis
impossible to hinder men from desiring to free themselves from
uneasiness ; 'tis a principle of nature, and cannot be eradicated.
If submitting to an inconvenience be a less evil than endeavouring
to throw it off, men will submit. But if the inconvenience grow
upon them, and be greater than the hazard of getting rid of it,
men will offer at putting it by, let the statesman or divine say
what they can.
" But I will yet go a little further, and venture to assert, that
the right of being subject only to such laws, to which men give
their own consent, is so inherent to all mankind, and founded on
such immutable laws of nature and reason, that it is not to be
* Letters of Orellana, No. 4. Dublin, 1785.
( 171 )
alienated, or given up by any body of men whatsoever ; for the
end of all government and laws being the pubUc good of the
commonwealth, in the peace, tranquillity, and ease of every
member therein, whatsoever act is contrary to this end, is, in
itself, void, and of no effect ; and, therefore, for a company of men
to say, ' Let us unite ourselves into a society, and let us he abso-
lutely governed by such laws, as such a legislator, without ever
consulting us, shall devise for us — His always to he understood,
provided we find them for our benefit ; for to say ive will he
governed by those laws, whether they be good or hurtfid to
us, is absurd in itself; for to what end do men join in society
but to avoid hurt, and the inconveniences of the state of
nature ?'* ******
" The laws and hberties of England were granted above five
hundred years ago to the people of Ireland, upon their submission
to the crown of England, with a design to make them easy to
England, and to keep them in the allegiance of the king of England.
How consistent it may be with true policy to do that which the
people of Ireland may think is an invasion of their rights and
liberties, I do most humbly submit to the parhament of England
to consider. They are men of great wisdom, honour, and justice,
and know how to prevent aU future inconveniences. We have
heard great outcries, and deservedly, on breaking the edict of
Nantes and other stipulations. How far the breaking of our con-
stitution, which has been of five hundi'ed years standing, exceeds
that, I leave the world to judge. It may, perhaps, be urged,
that 'tis convenient for the state of England, that the supreme
council thereof should make their jurisdiction as large as they
can ; but with submission, I conceive that if this assumed power
be not just, it cannot be convenient for the state. What Cicero
says, in his offices, 'Nihil est utile, nisi idem sit honestimi,' is
most certainly true."t
I take leave of my subject, in a few memorable words spoken
by one of the brightest ornaments of the Irish senate, not the late
Lord Chief Justice, — but Charles Kendal Bushe — words which are
* Molyneux's Case of Ireland, p. 112.
t Molyneux's Case of Ireland, pp. 172 — 3,
( 172 )
an epitome of union history, its origin, its consequences, and its
crimes. His words are — " I forget for a moment the unprincipled
means by which the union has been promoted, and I look on it
simply as England reclaiming, in a moment of our weakness, that
dominion wliich we extorted from her in a moment of our virtue —
a dominion which she uniformly abused, which invariably op-
pressed and impoverished us, and from the extortion of which we
date all our prosperity."
END OF ESSAY.
APPENDIX.
PRIVY COUNCIL CORRESPONDENCE,
DURING GREAT PART OF THE TEARS
1811, 1812, 1816, 1817.
25th May,
1801.
28th March,
1806.
19th April,
1807.
26th August, -
1813.
9th October -
1817.
29th December,
1821.
25th May,
1801.
13th February, -
1802.
6th February, -
1804.
23rd March, -
1805.
21st September,
1805.
28th March, -
1806.
19th April,
1807.
13th April,
1809.
18th October, -
1809.
4th August, -
1812.
3rd August, -
1818.
29th December,
1821.
RETURN OF THE NAMES OF LORDS LIEUTENANTS, LORDS
JUSTICES, AND CHIEF SECRETARIES OF IRELAND ;
1801—1821.
A Return of the Names of the several Lords Lieutenants and Chief Secretaries
of Ireland, appointed since the Union, with the dates of their appointments : —
LORDS LIEUTENANTS. DATE OF APPOINTMENT.
Philip, Earl of Hard\ricke . . -
John, Duke of Bedford ...
Charles, Duke of Richmond . - -
Charles, "Viscount Wliitworth ...
Charles, Earl Talbot
His Excellency, the Marquis "Wellesley, K.G. -
CHIEF SECRETARIES.
Right Honorable Charles Abbot
— . — William Wickham -
. — — Sir Evan Nepean, Bart.
— — Nicholas Vansittart -
— — Charles Long
_ — William EUiot
_ _ Sir Arthur Wellesley, K.G. -
— — Robert Dundas
_ _ William AV. Pole
— _ Robert Peel -
— , — Charles Grant
— — Henry Goulburn
W. Blacker, D. Vice- Treasurer.
Vice Treasurer's office, Dublin Castle, 20th March, 1827.
N.B The appointments of the Lords Justices were not notified to tliis office.
ROLLS OFFICE, IRELAND.
A Return of the names of the several Lords Lieutenants, Lords Justices, and
Chief Secretaries of Ireland, appointed since the Union, with the dates of their
Appointments, appearing inrolled in the Rolls office of his Majesty's High
Court of Chancery in Ireland : —
Philip, Earl Hardwicke, Lieutenant General and Governor General of
Ireland ; appointment dated at Westminster, 27th April, in the forty-first year
of the reign of George III.
The Right Honourable Charles Abbot, Principal Secretary of State;
appointment dated 19th June, in the forty -first year of the reign of George III.
John, Duke of Bedford, Lieutenant General and General Governor of
Ireland ; appointment dated at Westminster, 12th March, in the forty-sixth year
of the reign of George IH.
Charles, Duke of Richmond, Lieutenant General and General Governor of
Ireland; appointment dated at Westminster, 11th April, La the forty-seventh
year of the reign of George III.
Charles, Viscount AVhitworth, Lieutenant General and General Governor
of Ireland ; appointment dated at Westminster, 23rd June, in the fifty-third
year of the reign of George IH.
Lords Justices : — ^William, Lord Archbishop of Armagh, Primate of all
Ireland ; Thomas, Baron Manners, Lord High Chancellor ; Sir George
Hewitt, Bart., Commander of the Forces in Ireland; appointment dated 13th
March, in the fifty-fifth year of the reign of George III.
Charles CHETWYND,Earl Talbot, Lieutenant General and General Governor
of Ireland ; appointment dated at Westminster, 3rd October, in the fifty-seventh
year of the reign of George III.
Lords Justices Williasi, Lord Archbishop of Armagh ; Thomas Baron
Manners, Lord High Chancellor; and General Sir David Baird, Commander
of the Forces in Ireland ; appointment dated 11th May, 1821.
Richard, Marquis Wellesley, Lieutenant General and General Governor of
Ireland ; appointment dated at Westminster, 8th December, in the second year
of the reign of George IV.
J. Wogan, Deputy Keeper of the Rolls.
APPENDIX.
PRECIS
OF
CORRESPONDENCE WITH MAGISTRATES, &c.
PART /.—JANUARY TO JUNE, 1811.
29th Dec. 1810.]
FROM H. ST. GEORGE COLE, ESQ.
ANNESTOWN, CO. WATERFORD.
He has given three guineas a piece to Edward and John
Connors, and three to Flavin, for the support of the three
soldiers that are protecting him ; they must be fed by him, as
party violence is so great against him (Flavin), they cannot go
out of sight of his family. Has also given one pound to Tim
Denehy, who was severely wounded by the Caravats, who sup-
posed him a spy of Mr. Langley's. Lord Waterford sent up (he
behoves) his depositions. Mr. Langley thinks a few guineas
more should be given to Denehy to get him to his own county
(Kerry). He has promised the two Connors, one shilling and
eight-pence a day each until the trial, and Flavin, one shilling a
day each, for the three solcUers. Requests an order to draw for
fifteen guineas, which he will account for, before he wants more.
As there are vacancies for boatmen at Waterford, &c., requests
one to be given to .John Connors, from whom he expects much
information. Lord Waterford goes to London on Tuesday, and
then this side of the country will be left to Mr. Langley and
him ; but has no fear but that they shall enforce the laws, and
bring to punishment where it is possible.
2nd Jan. 1811.]
TO H. ST. GEORGE COLE, ESQ.
ANNESTOWN, CO. WATERFORD.
Acknowledging the receipt of his letter of the 29th ultimo,
and if he will draw on Mr. Taylor for fifteen guineas, as he pro-
( 182 )
poses, his bill will be paid ; but at the same time informed that
the object, in placing money at his disposal, is, to come at informa-
tion respecting unlawful meetings and acts of the depredators
that infest the country, and not for charity to persons who may
have suffered by their acts, unless such claim be recompensed
with a disclosure of the offenders ; and when any case of similar
compassion occurs, he is requested to name it as a case of charity
to government, who are at all times much obhged by liis commu-
nications of the state of the country.
Isf Jan. 1811.]
FROM SAMUEL MATHEWS, ESQ.
BONNETSTOWN, CO. KILKENNY.
Enclosing a copy of the examinations of a policeman of that
county, who had been robbed of his arms the night preceding by
a formidable gang. From the frequent attacks of that kind,
shots fired, &c., in different directions through that side of the
county, he is induced to think arms are concealed ; and request-
ing to be empowered to make search in several baronies, and
also the Liberties of the City of KiUienny, for which he is also a
magistrate.
\ St Jan. 1811.]
FROM EDWARD HUNT, ESQ.*
GREENVILLE, CO. WATERFORD.
Acquainting, that in consequence of private information, he
took out a pony of Milckney to the lands of Red Acres and
Killahy, eleven miles from Waterford, on the Callan road, and in
the county Kilkenny, and came up with a party of Caravats
mounted, to the number of forty, just as they had attacked two
houses. Was near enough to hear their attack, and see them
fire. On their return, intercepted them, and ordered them, as a
magistrate, to stop and dehver their arms, which they would
not ; when he gave orders to his party to fire, which they did.
The Caravats ran in every direction, leaving one man and horse
dead ; owing to the darkness of the night, was prevented taking
further advantage. Refers to the information he sends, for the
particulars of their outrages. Was gratified by the readiness
with which those who had been attacked gave their informations.
So much blood was traced in different du^ections next morning,
concludes there must have been five or six severely wounded.
They are described as young men of the meanest and lowest
* Same person as the Rev. Edward Hunt, mentioned iu p. 199, and elsewhere.
( 183 )
class ; not like farmers' boys, but rather idle and loose set, that
are seen unemployed in towns, and general opinion is they are
from Carrick-on-Suir. Is convinced the system is not of that
alarming extent which he had for some time imagined. The
farmers are not concerned; and nothing but the fear of their
cabins being burned makes them submit to their repeated out-
rages.
2dJan. 1811.]
FROM EDWARD COX, ESQ.
CLARA, king's COUNTY.
Stating, that it is the opinion of liis father and himself, that there
should be a party of the military stationed in the town of Clara,
for the reasons that he personally stated to government on the
Saturday previous : That a riotous mob of some hundreds threaten
to disturb the peace, and has actually broken out and committed
great depredations on each other, particularly on the last fair-
day of Clara ; and having but two constables in the town, it would
be impossible for him to keep the peace without military, whose
appearance alone would deter the rioters. If it should not be
convenient to send military, he has been strongly recommended
by the grand jury of the county and others to the lord lieutenant
for the raising a corps of yeomen cavalry, which, if he should,
would be able effectually to keep the peace.
\stJan. 1811.]
FROM JOHN HILLAS, ESQ.
DROMORE WEST, CO. SLIGO.
Enclosing depositions. The money given him by government, for
the reward of information, shall be cautiously used. His reasons
for stating a deep conspiracy to be on foot, originates from various
confidential informations, by persons to be depended on. Has kept
a strict eye on the disaffected in his neighbourhood, who are
equally watchful of him. The first information he placed any
dependence on was from a priest, who, on a former occasion, gave
most material information ; but were it known, or even suspected,
that he had done so, his life would be the forfeit. The robberies
and outrages committed at Ballina, and in the parish of Kilglass,
from whence the former rebeUion extended, the taking of arms
and dressing in disguise, and all the bad consequences arising
from such proceeding, he (Mr. Hillas) has strongly impressed on
the mind of every person in his parish. Public and nightly
dances are universally practised; but he strongly recommends
their total suppression.
( 184 )
4th Jan. 1811.]
TO JOHN HILLAS, ESQ.
DROMORE WEST, CO. SLIGO.
Acknowledging receipt of his letter and enclosures of the 1st
instant, and thanking him for the readiness he expressed to afford
his aid in the preservation of the peace ; and observing, that from
the specimen he has given, of what the sources of his informants,
relative to the state of the country, are, and their means of intel-
ligence, it should seem, that if properly addressed, they may be
made still more communicative. With respect to nightly meet-
ings, their suppression would be very desirable, where danger is
to be apprehended from them, as far as the law will allow, taking
care, hoAvever, to put it in force with all the lenity consistent
with the public safety.
2d Jan. 1811.]
FROM H. ST. GEORGE COLE, ESQ.
ANNESTOWN, CO. WATERFORD.
Enclosing informations of Pat. Hanley, stating his having been
twice flogged, before he gave back his farm to his father-in-law,
Maurice Fitzgerald, and who is prevented, under terror of the
lash, to let his property to any person but John Fitzgerald, (his
brother), who will not give near the value for it, and that Hanley
now dreads another beating for mentioning one he suspected.
He (Mr. Cole) has offered five guineas for the names of the
Caravats, and twenty guineas to any person who would prosecute
to conviction. Those who were at Hanley's house got the verbal
information from one who says he was forced to be one of the
party, to whom he has pledged his honor never to mention his
name, and who has given him the names of the persons, but no
sum of money will induce liim to prosecute. Has taken John
Fitzgerald on suspicion, and will make him give ample security
to keep the peace — and Pat. King in the same way. Hanley
would not have charged them with it, if he was not sure he was
right ; they are all wealthy, and in their Hue respectable farmers,
and all allied.
The turnpike house was robbed of three pistols ; and Hearne,
of Kilmaire, fell in wdth forty mounted men, armed ; told Lord
Waterford the same night, but so dark and stormy, no hopes in
sending a party after them. Disturbances very great near
Curraghmore and Carrick ; the rest of the county to Dungar-
von quiet, but no less dangerous.
( 185 )
5th Jan. 1811.]
TO H. ST. GEORGE COLE, ESQ.
ANNESTOWN, CO. WATEBFORD.
His letter of the 2nd instant has been received with Hanley's
deposition (wliich is now returned), as there appear to be well
founded reasons for concluding that John Fitzgerald may have
been the instigator of the outrages committed against him, of
which circumstance if proof could be obtained, so as to found a
successful prosecution on it, a salutary example might be derived.
The offers wliich he (Mr, Cole) has made are very reasonable,
and should they lead to the end proposed, must overbalance the
expense to which they may eventually give rise. Hanley should
be closely pressed to tell all he knows, as it is scarcely credible
that he should have so good a guess at the persons by whom he
suffered, without more reasons than he chooses to own ; and if no
other means can obtain it, it would be desirable to see if an
action of defamation might not force it from him, in the form of
a plea of participation. Of the outrages enumerated, it is much
wished that depositions were forwarded to government, and,
whenever he has an opportunity of making known that wish, is
requested to do so.
ZrdJan. 1811.]
FROM OLIVER LATHAM, ESQ.
KILLENAULE, CO. TIPPERARY,
Enclosing certificate filled up, and requesting no time to be lost in
sending liim the warrant to search for arms. It has been re-
ported to him that a large assemblage of men took place the
night before at BaUingaray, fired shots, and had horns blowing.
Two men of the name of Hacket and Doyle have offered to give
liim informations relative to any person in the county who has
carried arms for the last six months, for a small reward. They
have lodged informations already, one for being robbed on the
road, and the other for his house being broken open. It was
through these men he was enabled to commit to gaol one of the
most atrocious offenders in the county.
bth Jan. 1811.]
TO OLIVER LATHA3I, ESQ.
KILLENAULE, CO. TIPPERARY,
Forwarding a warrant to search for arms, according to the cer-
tificate transmitted in his letter of the 3rd mstant. With respect
to offering rewards for information, relative to persons who have
carried arms for the last six months, it is doubtful that such in-
( 186 )
formation could be of any use ; but it might be advisable to hold
out expectations of reasonable rewards for discovering those who
are now illegally possessed of arms, on condition the arms are
found and seized.
AthJan. 1811.1
FEOM SAMUEL JACOB, ESQ.
KILLENAULE, CO. TIPPERART.
He has received the warrants for search ; has committed to gaol
James Hickman, a notorious leader, on positive information ; he
promises to give much useful information, if not prosecuted ; —
wishes for directions how to act. Has also apprehended one of
the gang who robbed the mail guard of their arms. Has paid
some money for private information, and wishes to have £100 at
his disposal, for like purposes. Has not yet had time to get
information on oath of the burning of Dunne's house, but the
guard at Mowleis hill barrack, saw the flame and heard shots.
1th Jan. 1811.1
TO SAMUEL JACOB, ESQ.
KILLENAULE, CO. TIPPERARY.
Acknowledging receipt of his letter of 4th instant, and thanking
him for his exertions in apprehending offenders ; desiring him to
draAV on Mr. Taylor for the sum he requires, and to furnish an
account of the expenditure; on the subject of Hickman's offer, to
consult with sergeant Moore, at Clonmel.
%thJan. 1811.]
FROM FREDERICK FRENCH, ESQ.
BALLINAKILL, QUEEN's COUNTY.
Acknowledging receipt of letter, and enclosing original informa-
tions. The farmers are well prepared to resist the insurgents,
but if once a principle of terror gets amongst them (as in the
former rebellion) it will have the worst effect. The gentlemen
have determined to offer considerable rewards, for the apprehen-
sion of the writers and distributors of threatening letters. En-
closes a notice to be printed and posted on the chapel doors.
Cannot trace any system or progress as in the county Tipperary
and Kilkenny, but if not opposed at the outset would become
very alarming ; recommends two gentlemen to be appointed
Magistrates. Do not intend to call a meeting of Magistracy,
but to keep these matters from being public, and expect to
maintain the peace without further trouble.
( 187 )
1th Jan. 1811.]
TO MATTHEW FORDE, ESQ.
CLOUGH, CO. DOWN.
From the circumstances stated in the affidavits transmitted with
his letter of the 6th instant, there is a probabihty of his being
able to bring the principals in the riots at Seaford, on the 5th
of December, to justice. With respect to the conduct of the
priest mentioned in his letter, government has not the means of
interposing, but it is extremely desirable that the grounds of
objection to Freemasonry should be previously ascertained. The
government feel assured he will render all possible assistance.
\Qth Jan. 1811.] (For letter of 6th, see December Precis. J
FROM D'ARCY MAHON, ESQ.
ATHY, CO. KILDARE.
Immediately after receipt of letter of 8th, had occasion to call
on Mr. Bagot, a respectable magistrate, to whom he mentioned his
communication to government, and he perfectly coincided with
him as to the state of the county. That it is very notorious that
the priests of Kildare, and several others, have preached to their
flocks against the pernicious system disseminating among them,
to plunge them into another rebelUon. Has reason to believe a
field officer, on half-pay, of British service, was employed at
Antwerp in a confidential situation under the French government,
Avhich warrants the suspicion of a correspondence between Ant-
werp and Ireland. Part of the insurgents' oath is, to be ready
to join the French when they come : dechnes communicating the
names of the informants, lest their lives should be exposed.
6th Jan. 1811.]
FROM TH0:MAS JAMES RAWSON, ESQ.
TRIM, CO. MEATH.
R. O'Connor has remained some time without leaving Dangan
demesne ; won't let his sons mix with the lower orders as they
formerly did. The system of Shanavests is spreading to the
Castlecomer coUieries (10,000 men). The Rev. Mr. Wainwright,
an active magistrate, knows of thirty-two stand of arms ; wishes to
be informed of the act of parliament relative to the search of arms.
3rd Jan. 1811.]
FROM RICHARD USHER, ESQ.
WATERFORD, CO. WATERFORD.
Having hoard, that the officer, commanding the troops at Cap-
poquin, had reported that neighbourhood to be quiet, is anxious
( 188 )
to state, that it is by no means the case. That two huncbed men,
armed, rode through Cappoquin, and passed the Barrack gate.
The disaffected every day gain strength, and have deputies from
each parish. Thinks he could get a quantity of arms, if the time
to apply for leave, under the late act, would admit. Power went
to gaol for safety : was attempted to be murdered in his own
house, and an attempt has been made to poison him in gaol.
There is money due for his subsistence, and he is in want of
clothes, &c. ; begs Mr. Taylor to remit some to be expended to
the best of his judgment for Power's use.
9th Jan. 1811.]
TO JOHN BAGWELL, ESQ.
CLONMEL, CO. TIPPERARY.
Enclosing post-bills for one hundred guineas, to be paid Fleming
for his spirited conduct ; approving of the advertisement for the
apprehension of persons guilty of the outrages enumerated
therein, and of the offer of reward that may enable any magis-
trate to surprise any party of the insurgents ; and observing that
one hundred pounds is a larger offer than is customary for in-
formation not leading to conviction, and suggesting half that sum
for private information. At the same time, the amount is left
entirely at his discretion.
8th Jan. 1811.]
FROM JOHN CASSIDY, ESQ.
MONASTEREVAN, CO. KILDARE.
He has received circumstantial information, which leaves no
room for doubt, that the lower classes in the neighbourhood of
Pathangan and Kildare, are making great progress in swearing
each other; but their avowed object he has not yet ascertained.
Detailing a list of persons who appear to be most active ; they are
most anxious and active to procure arms. He will continue to
communicate whatever may occur, and do all in his power to
support the laws, &c.
9th Jan. 1811.]
TO JOHN CASSIDY, ESQ.
MONASTEREVAN, CO. KILDARE.
In consequence of his letter of the — instant, requesting an
intervicAv with him at the Castle. For the present, it is very de-
sirable that depositions could be procured of the attempts to
administer illegal oaths. It will then be for consideration, Avhether
( 189 )
to act at once against the persons charged, or he by for the pur-
pose of discovering the principal offenders, rather than to punish
the ignorant people who are deluded by them.
\2thJan. 1811.]
FROM THE RIGHT HON. DENIS BROWNE,
WESTPORT, CO. MAYO.
On consultation with a confidential friend, on the subject of the
anonymous letter, is of opinion that there are no grounds for the
statement, except that the Messrs. M'Donel are disaffected per-
sons, and the only persons in their station of life who are so in
the county ; every precaution taken, and inquiry shall be made,
the same as if the statement was credited.
9th Jan. 1811.]
TO THE RIGHT HON. DENIS BROWNE,
WESTPORT, CO. MAYO.
Enclosing the copy of an anonymous letter that has been for-
warded by post to government, stating " the French are landing
arms on a small island near Newport, county Mayo, and that a
relative of Mr. C. M'Donnell lands them on the coast;" and
relying on Mr. Browne's activity to ascertain whether the intel-
lio-ence is founded on fact.
o
7th Jan. 1811.]
FROM REV. WILLIAM GORE,
DROMORE WEST, CO. SLIGO.
Stating an act of outrage and sacrilege committed on the parish
church of Killmachillgan and Templeboy, of which he is rector,
on the night of the 1st instant. Informations have been sworn
against some young fellows for singing, on the night of the 25th
December, a song of a most treasonable and seditious nature ; and
hopes to have them secured. If exertion on the part of the loyal
inhabitants is not immediately put in force, the country may
exhibit the same anarchy and confusion as disgraced it some
years ago.
StkJan. 1811.]
FROM ROBERT RAWSON, ESQ.
ATHY, CO. KILDARE.
The person giving him information is a yeoman, and a respect-
able farmer, near that town, lie had the information from a
( 190 )
labourer of his own, that meetings are held in farm-houses, and
under pretence of rosaries (a form of prayer), and that every
night they extend a mile further. The neighbourhood full of
arms, which is the reason we have not taken any from the
yeomen. He (Mr. liawson) has called in all the arms which
might not be defended.
SthJan. 1811.1
FROM E. V. FITZGERALD, ESQ.
LIMERICK, CO. LIMERICK.
He has procured a man (John Fitzgerald) to league himself
with the banditti (most of whom are deserters, whose names and
regiments he encloses a hst of) ; the gang laid a plan for the
robbery near Patrick's Well, which they executed so quickly he
had not time to get his informant's notice to prevent it, but in
consequence of his perseverance has apprehended one of them,
John Hogan, who has made a verbal confession of his guilt.
He trusts his informant's intelligence will enable him to defeat a
desperate plan of murder and robbery laid by these ruffians.
Refers to government whether it would not be more advisable to
punish Hogan as a deserter, than to bring Fitzgerald, the in-
former, to prosecute.
nth Jan. 1811.]
TO RICHARD WILLCOCKS, ESQ.
LIMERICK, CO. LIMERICK.
Enclosing an anonymous letter dated Dungarvan, 8th instant,
respecting the state of the county of AVaterford, and desiring
him to make such a use of it as he may think necessary.
UthJan. 1811.]
FROM J. CASSIDY, ESQ.
MONASTEREVAN, CO. KILDARE.
From information he has got, there exists a great division
amongst the lower class, which, taking advantage of, he expects
such information as will enable him to act ; should his presence
be required in Dublin he will instantly attend. As the farmers
and others of property refuse to join these illegal associations,
suggesting an idea of forming an association Jhr the protection of
the Peace and Property of the Country, and admit all well-in-
clined to join it.
( 191 )
l2thJan. 1811.]
TO J. CASSIDY, ESQ.
MONASTEREVAN, CO. EJXDARE.
From tlie course he purposes to adopt, his presence in Monas-
terevan will be more useful than a personal interview. The
division among the lower orders will, it is hoped, turn to good
account, and the meeting of Magistrates appears well calculated
to produce the effect he looks for, and as it will not carry in its
appearance any idea of alarm, beneficial consequences may be
expected.
9th Jan. 1811.]
FROM AIATTHEW FORDE, ESQ.
CLOUGH, CO. DOWN.
Acknowledging receipt of letter, but the point to which he par-
ticularly alluded it has not ascertained, namely, whether the
Crown SoUcitor will be ordered to prosecute. Had no idea that
government should interfere as to the CathoUc Freemasons, but
only wished to show that the disturbances all over Ireland were
confined to the papists, and that the priests were at the bottom
of them.
lOth Jan. 1811.]
FROM THE REV. THOS. HANDCOCK,
NEW ROSS, CO. WEXFORD.
Great pains taken by ill-disposed people to agitate the country,
which at present is comparatively quiet. Great quantities of
gunpowder purchased by the lower orders, under the pretext of
shooting water-fowl, which implies they must have fire-arms, for
which the magistrates do not now possess power to search, without
information on oath, or by application to government, wliich is too
tedious. Many disaffected persons above the lowest rank in the
town of x^ew Ross, and a priest named Dixon, who, in 1798, was
convicted of treason, and who had just returned from Botany Bay,
when he was appointed to the care of 500 to 600 souls at Ross.
The Protestant clergyman on applying for liis tithe, was in-
formed by a disaffected person of considerable substance and
influence with the lower orders, that if parliament did not exempt
the " people" from tithe, another rebellion shall do it.
Can supply sworn documents of these facts ; was informed by a
Roman Catholic gentleman of considerable property in the
county Kilkenny, that two priests of that county declared the
country to be on the eve of a general insurrection ; that they
were well supplied with arms, and are now robbing for money to
( 192 )
purchase ammunition, and that all the influence of the Romish
clergy cannot prevent it.
I4thjaji. 1811.]
TO REV. THOS. HANDCOCK,
NEW ROSS, CO. WEXFORD.
Thanking him for his communication of the 10th instant : with
respect to the sale of gunpowder, inquiry will be set on foot, and
such restrictions imposed as the law will admit : the magistrates
have it in their power to prevent the too easy acquisition of it by
the lower orders, by refusing licenses where they have reason to
suspect the privilege has been abused. No precaution can be
taken against the misconduct of the priest whom he mentions,
except that vigilant attention to his conduct, which Mr. Handcock
so laudably exerts for the security of the country. The Attor-
ney-General will be consulted with respect to the intemperate
remark made by a suspicious person at Ross about tithes. Sir
E. Littlehales has taken a note respecting the mihtia ballot.
The information received from the Roman Catholic gentleman is
of such vital importance that it is hoped Mr. Handcock will pre-
vail on liim to make liis communications direct to government.
lOthJan. 1811.]
FROM CORNELIUS BOLTON, ESQ.
WATERFORD, CO. WATERFORD.
Having seen a paragraph in the public prints that the Caravats
had paraded in the open street of that city, in defiance of the
magistrates, is anxious to assure government of its being an
absolute falsehood, and he has desired the editor to have it con-
tradicted in those papers in wliich it had appeared.
14th Jam. 1811.]
TO FLEMING M'NEILL, ESQ.
NEWRY, CO. DOWN.
Requesting him to procure copies of depositions of the outrage
stated in his letter of the 13th to have taken place at Hilltown,
and to acquaint the magistrates with the wish of government to
be made acquainted with all circumstances relating to the public
peace, requesting him to direct his attention to the Harp Society
at Belfast, and advising secrecy and caution to be observed in his
inquiries.
( 193 )
HthJan. 1811.]
FROM E. R. COURTENAY, ESQ.
NEWRY, CO. DOWN.
A MEETING held in Ncwry, which is increasing every day. The
new members are told it is a harp society, the same as is held in
Belfast ; but so great precaution is used, he cannot get acquainted
with their oaths or proceedings. The disaffected persons of
former times are the heads of it. Suggesting the idea of a stranger
who would endeavour to gain their confidence, as they are guarded
against those whom they know to be well affected.
UthJan. 1811.]
TO E. R. COURTENAY, ESQ.
NEWRY, CO. DOWN.
Thanking him for his communication of the 11th instant, and
approving of his endeavouring to get a proper person to gain the
confidence of the society he mentions, and endeavour to ascertain
their object.
\9thJan. 1811.]
FROM WILLIAM EYANS, ESQ.
RATHANGAN.
Has known Neale many years, — a man of very bad character ;
is a good clerk, and a deep, designing fellow ; is informed that he
is going about swearing the people. The officer commanding
there, a steady young man, says there are attempts made to
seduce his men in their billets. A Protestant soldier heard some
men say they were not afraid of the soldiers, as there were but
four Protestant sokUers in the party (which is the case). The
deception they use, to lead the people on, is by asking them if
they are not anti-unionists. Will send a list of names.
13ch, 1811.]
TO GUSTAVUS ROCHFORT, ESQ.
MULLINGAR, CO. WESTMEATH.
Acknowledging his letters of the 17th and 18th instant, acquaint-
ing him that the fate of the letter which he pointed out has not
been ascertained ; he will of course keep an attentive eye upon
Rose. The meetings which appear to him to be still held in
conformity with what was disclosed by the South Mayo private,
will, of course, be strictly watched. It would not be advisable to
make a general search and seizure of arms, unless a special
notice of such intention, had been communicated by a previous
warning, that it would be resorted to against all who did not
register at the approacliing sessions. The propriety of this
measure will, however, depend on the state of the country, as the
magistrates can, in individual cases, deprive improper persons of
their arms.
19M March, 1811.]
FROM J. POLLOCK, ESQ.
NAVAN, CO. MEATH.
Three notices, similar to the one he encloses, having been put on
three chapels, he has taken measures to get at the authors. En-
closing a letter from Mr. Blackburne.
I9th March, 1811.]
FROM OLIVER LATHAM, ESQ.
KILLENAULE, CO. TIPPERARY.
Has offered rewards for the apprehension of some offenders, and
for private information, in consequence of which he has been able
to apprehend Denis Shea. Requesting twenty guineas to be sent
him, for what he has expended. Wishes to know if he would be
justified in taking up prosecutors, to keep them in a place of
safety.
2lst March, 1811.]
TO MR. SERJEANT MOORE,
WATERFORD, CO. WATERFORD.
Enclosing a letter, which places the conduct of the Roman
CathoUc Bishop of Waterford in so favourable a point of view,
and to desire that, if an opportunity offers, he would apprise Dr.
Power of the sense that is entertained of his disposition to assist
the government, and of the readiness which the Lord Lieutenant
feels to manifest it, by attending to any wish of Dr. Power that ifc
is in his Grace's power to comply with. There were sent in great
haste, by the last post, some papers relating to a transaction in
( 236 )
which Lord Llandaff dues not appear to have acted as discreetly
as he ought. It will be very desirable that government should
have the result of his (Serjeant Moore's) investigation of the
matter, before any opinion on his lordship's conduct is pro-
nounced.
^th March. 1811.]
FROM A. JACOB, ESQ.
ENNISCOKTHY.
Has just been informed, that a man of the appearance of a sailor,
passed through the country on Tuesday along the sea coast, and
told the people to be on the look out every night, as there were
arms from France to be landed in the neighbourhood of Black-
water, and several other places mentioned, and that there is no
doubt of a French invasion this summer ; that the arms are
packed up in chests, with ten stand each. Has sent a person to
inquire through the country the sailor passed through, and he is
to bring the names of all the persons whose houses the stranger
stopped at. The people of the town and neighbourhood seem in
dead silence.
2lst March, 1811.]
TO A. JACOB, ESQ.
ENNISCORTHY.
His letter of the 20th instant has been received, and he is re-
quested to use every effort to ascertain at what time and through
what houses the sailor in question passed, and also with whom he
conversed upon the subject, and more especially to endeavour to
trace his steps, and in case of coming up with him to apprehend
and commit him under the 50th Geo. HI., c. 102, s. 7, provided he
answers the description he has received respecting him ; at all
events, to apprehend and oblige him to find security. Request-
ing early information on this subject, and acquainting him that
any expense he may incur in executing those instructions will be
repaid.
\8th March, 1811.]
FROM J. r. POE, ESQ.
CULLEN, CO. WATERFORD.
Enclosing informations of Walter Cumin, who, he had reason to
suppose, could give him useful information, but was not aware of
his being so deeply concerned, until he saw his informations. By
the advice of Lord Desart and Serjeant Moore, he proceeded to
apprehend all whom Cumin had sworn against, and only found
( 237 )
one at home, John Ryan. Cumin absconded, but he had him
apprehended, as being concerned in felony ; but he will not now
prosecute, depending on some protection he and some others
have got from Lord Ormonde. Ryan and Keefe are both in
Kilkenny gaol; wishes to know how he shall act at the next
assizes.
2\st March, 1811.]
FROM JOHN POLLOCK, ESQ.
NAVAN, CO. MEATH.
Stating the measures that he has adopted for discovery of the
persons concerned in posting threatening notices ; and requesting
twenty guineas may be sent him, for the purposes he details in his
letter.
22nd March, 1811].
TO JOHN POLLOCK, ESQ.
NAVAN, CO. MEATH.
•Enclosing twenty guineas to be disbursed as proposed in his
letter of 21st instant.
24th March, 1811.]
FROM SERJEANT MOORE,
WATERFORD, CO. WATERFORD.
He has communicated to Doctor Power, the sense his Grace enter-
tains of his conduct, who seemed deeply sensible of the honour
done him ; thinks there is every appearance of the insurgents
being shortly subdued, or reclaimed, as a number of magistrates,
priests, and private gentlemen have taken upon them to receive
arms. He fears, in some instances, it may be injurious to the
public interest and the orders of government. He has read to
Doctor Power the precise terms on wliich government Avill receive
the surrender, &c. ; mentions one or two outrages, as to guns
being taken from a man shooting crows, &c., and detailing the
particulars of the convictions at the assizes.
24th March, 1811.]
FROM A. JACOB, ESQ.
ENNISCORTHY, CO. WATERFORD.
The person whom he has employed, reports, that the sailor made
no delay ; stopped only for a short time at the house of William
Masterson, of Ballygarret, and Martha Cullen, of Ballyvalden ;
said he was going to Waterford, and from thence to the West of
Ireland, where, he said, the most of the arms were to be landed :
the vessel is not to put into port, but anchor off particular places.
( 238 )
Has a trust J person in the service of a farmer on the coast, to
whom the first intelhgence will come. Any plan that may be
suggested for the better discovery of the business, shall be punc-
tually executed.
24th March, 1811.]
FROM COLONEL OGLE,
FOEKHILL, CO. ARMAGH,
Enclosing the examinations against Pat. M'Kew and Kelly,
who were convicted at Monaghan assizes. Since M'Kew's con-
viction, a man of his late neighbourhood has claimed protection
from Mr. Quin, acknowledging he had taken the United Irish-
man's oath. If government think fit to give any encouragement
to that effect, many hundreds would come in. Recommends that
Corporal Tipping should be discharged.
26th March, 1811.]
TO COLONEL OGLE,
FORKHILL, CO. ARMAGH,
Acknowledging his letter of 24th instant, and expressing his
Grace's thanks for his zeal and perseverance in the conviction of
M'Kew and Kelly. The proposal respecting Tipping should not
be carried into execution, until it is clear that no further discovery,
and consequent prosecution can grow out of M'Kew's conviction.
He is right in the presumption that no protection of a magistrate
can supersede the law, and that persons now coming forward to
acknowledge their concern in what appears a long concocted
conspiracy, cannot expect much consideration, unless they put
government in possession of the plans, parties, and principals of
the conspiracy. To this effect, he should lose no time in com-
municating with Mr. Irvin, and satisfying liim of the extent of
the interference he has permission to promise ; taking care that
he understands that the government, after all, reserves to itself
the right of judging in each individual case. He will, of course,
take care of Tipping's personal safety, and inform him what sub-
sistence will be requisite for him. An order will go this post for
the removal of M'Kew to Dublin.
25th March, 1811.]
FROM H. ST. GEORGE COLE, ESQ.
WATERFORD, CO, WATERFORD.
The assizes have terminated ; four, for the murder of Collins, found
guilty and executed ; and two, for the murder of Ryans. Magrath
still under his wounds. Recommends that one hundred and fifty
guineas be given to Flavin, to build a slated house.
( 239 )
25th March, 1811.]
FROM CAPTAIN HALL,
THURLES, CO. TIPPERAKY.
Requesting the riot and Avhite-boy acts to be sent to him. In
consequence of the town having illuminated, for General Matthew
passing tlu'ough it the day before, it became a scene of riot and
tumult ; and he (Captain Hall) was obliged to take most prompt
and decisive measures for the dispersion of the mob.
25th March, 1811.]
FROM THE REV. M. PURCELL.
CHARLEVILLE, CO. CORK.
Several gentlemen have thought it prudent to enter into sub-
scriptions, to create a fund for rewarding such as may be able to
apprehend, or give private information leading to the discovery
of, offenders ; recommending Liscarroll and Kanturk as proper
places for a mihtary station ; requesting to be advised in what
manner he shall apply for rewards to be paid by government.
28th March, 1811.]
TO THE REV. M. PURCELL.
CHARLEVILLE, CO. CORK.
With respect to rewards, the magistrates will have the sanction
of government, for the offer of such reasonable rewards as they
may think the circumstances of the case demand, for discovery
and conviction ; and any sums they may be called upon to dis-
burse on that account will be repaid on apphcation. If it should
be thought necessary for government to advance rewards for
those who have or may assist in the apprehension of the ruffians,
it will, of course, become the subject of distinct apphcation.
27th March, 1811.]
FROM JOHN OGLE, ESQ.
FORKHILL, CO. ARMAGH.
M'Kew has sent him word he vrill make discoveries ; thinks it
will be advisable for liim to see liim in Dubhn ; has written to
Mr. Quin as to the extent of protection he has permission to
promise ; recommending soldiers to be stationed at Keady. In
regard to Corporal Tipping, it might be of advantage to place
him in a confidential situation ; and being unknown in Dublin, he
could mix with the disaffected.
( 240 )
29th March, 1811.]
FROM J. G. JACOB, ESQ.
KILLENAULE, CO. TIPPERARY.
James Farrell was, yesterday, found guilty, on the evidence of
Catherine Delaney and Mary Crehan, who gave the fullest and
fairest testimony, for which the grand jury have presented fifty
pounds for each ; submitting the expediency of government giving
a greater reward to those two women, than what the law permits
the grand jury to do. He has only had three pistols and two
guns surrendered to him, and those from persons against whom
riots and assaults have been sworn. Does not perceive the
smallest disposition in the people to surrender arms.
APRIL, 1811.
Ut April, 1811.]
TO J. G. JACOB, ESQ.
KILLENAULE, CO. TIPPERARY.
Thanking him for his communication of the conviction of Farrell,
and of the failure of the prosecution against Dwyer. AVith re-
spect to the further remuneration of C. Delaney and Mary
Crehan, to each of whom the grand jury have presented fifty
pounds, suggesting, that at the time these sums become payable,
if they shall be found insufficient to maintain these women, it will
be full time to consider of the further demand their services may
claim. For the present, no time should be lost in procuring a
secure residence for them, and making such provision for their
immediate support, as may be suitable to their condition in life ;
keeping in view the further aid they will receive from the pre-
sentments, and the disposition of government to protect them.
Those who have dehvered the few arms to him, do not come within
the condition contained in letter of 28th ultimo. The circum-
stance will, in each case, have what weight it ought in the measure
of punishment which shall hereafter be inflicted, in case the pro-
secutions should be proceeded in.
3\st March, 1811.]
FROM SERJEANT MOORE,
CLONMEL, CO. TIPPERARY.
Stating the various circumstances which took place at the
assizes, and enclosing a hst of the several persons tried, their
sentences, &c. ; and stating that every observation he has made,
( 241 )
inclines him to form an opinion, that some amendment has already
taken place in the dispositions and conduct of the people of that
turbulent county. Upon the subject of surrendering of arms, has
taken and will take every pains, to make the explanations govern-
ment desires to be generally known.
2nd April, 1811.]
TO SERJEANT MOORE,
KILKENNY, CO. KILKENNY.
The effective proceedings against offenders at Clonmel has af-
forded great satisfaction. The flattering symptoms that have
begun to manifest themselves, it is hoped, will be promoted ; and
if the magistrates will be unanimous, vigilant, and active to
preserve the peace which has been restored, more lasting tran-
quillity will be the result. With respect to the conditions for the
sm'render of arms, nothing more can be added, except that it is
to be feared he will find as much difficulty in removing mistaken
notions — as to the extent of their authority, that has the sanction
of government — in Kilkenny, as he had elsewhere, especially
between the two lords, who have a different feehng on the sub-
ject. It is well the Wexford regiment case has undergone a legal
investigation, as it will quiet the clamour, and assist the govern-
ment in its decision, on the merits of the representation made to
it, in behalf of the mihtary party.
2nd April, 1811.]
FROM R. J. ENRAGHT MOONEY, ESQ.
GLENAVY, CO. WESTMEATH.
Stating that he has only been able to take up six stand of arms,
and that there are one hundred and sixty stand in the neighbour-
hood of Ballycumber and Seven Churches in the hands of
the very worst description of people. Enclosing informations of
Mr. Shevington ; but, from his character, he does not know how
far they should be credited. Thinks Major Warburton may be
able to give the real character of the parties. Reports the minds
of the people to be much disturbed, and that they wish for aid
from France. Some sheep, the property of M. A. Johnston, have
been houghed. Requests a warrant to search for arms.
3rd April. — Since writing the above, has had a conversation
with other magistrates, who all agree that some measures should
speedily be taken, in taking the arms from those who hold them
contrary to law.
( 242 )
ith April, 181 i.-]
TO H. LANGLEY, ESQ.
THURLBS, CO. TIPPERARY.
In reply to his letter of the 2nd instant, to acquaint him, that as
Daniel Kearney, whose petition he transmitted, seems to be en-
titled to protection, he is desired to state in what manner he can
best be taken care of — whether by some suitable situation, if he
is quahfied, or by removing him to a place of security. In the
meantime, to request that he will furnish him with whatever may
be necessary for his subsistence, wliich will be repaid him, as also
any further sum he may advance, for his more permanent
provision.
Ath April, 1811.]
FROM R. LONGFIELD CONNOR, ESQ.
BANDON, CO. CORK.
Having come to the assizes, a tenant on liis brother's estate
brought him two notices, of which he encloses copies, which had
been posted on his house in the night ; has got a number of the
neio'hbouring gentry to join in large rewards for the discovery of
the persons concerned in posting such notices.
6th April, 1811.]
TO OLIVER LATHAM, ESQ.
KILLENAULE, CO. TIPPERARY.
In reply to his letter of the 4th instant, to desire he will consult
with the magistrates and gentlemen of his neighbourhood, as to
the amount of remuneration which Dignam ought to have, and
acquaint government with the result. In the meantime, he will
afford protection and subsistence to him, which will be reimbursed
on his furnishing the particulars. Approving of the offer of
rewards as he proposes. The Lord Lieutenant has no ground
for remitting the capital part of Langley's sentence.
eth April, 1811.]
TO A. H. JACOB, ESQ.
KILLENAULE, CO. TIPPERARY.
To desire he will state what he thinks ought to be the provision
of C. Delaney and Mary Crehan, taking into consideration that
they have been disappointed of rehef by grand jury present-
ment ; in the meantime to request he will subsist them in some
place of safety, and render account of the expenses he has
incurred.
( 243 )
Atk April, 1811.]
FROM V. D. HUNT, ESQ.
CAPPAWHITE, CO. TIPPERABY.
Requesting £30 to be sent him for the use of Mary Crehan.
1th April 1811.]
FROM WILLIAM BAKER, ESQ.
TIPPERARY, CO. TIPPERARY.
Stating that Michael Ryan, a notorious and desperate fellow,
has been apprehended, and that he is indebted to the early intel-
hgence and principal assistance, afforded him and liis servants by
Benjamin andDarbyHickey,whom he recommends to his Grace's
attention; at the same time observing that a reward of £100 had
been offered for taking this man, but such rewards are not aliuays
paid — never quickly.
lOth April, 1811.]
TO WILLIAM BAKER, ESQ.
TIPPERARY, CO. TIPPERARY.
To desire he will state by whom, and in what terms, the reward
of £100, mentioned in his letter, has been offered for the appre-
hension of Michael Ryan, and if it shall appear that the person
he recommends, cannot in any event receive the benefit of it,
the Lord Lieutenant will take into immediate consideration the
recommendation he has made, and to which, it is liis Grace's wish,
he should add the amount which he thinks it right they should
receive ; if, on the contrary, they are entitled to the reward, or
any part of it, it is necessary there should be an exphcit under-
standing of their prospects, previous to any decision of their
claims to remuneration.
7th April, 18\ I.]
FROM RICHARD CREAGHE, ESQ.
GOLDEN, CO. TIPPERARY.
Michael Gready, who is charged with appearing in arms and
several offences, has offered to get in the arms of his party, if
Mr. Creaghe will apply for his pardon. Sohciting a pardon for
Timothy Dwyer, who was tried at the last commission for posting
a notice ; representing him to be an icUot, and that he has a large
family.
( 244 )
\Oth April, 1811.]
TO RICHARD CREAGHE, ESQ.
GOLDEN, CO. TIPPERARY.
Acquainting him that it is impossible to take Gready's case into
consideration until he has submitted to justice, and therefore
every exertion should be made for his apprehension. The pro-
posal as to Ryan cannot be admitted, as government cannot con-
sider the claim of an offender on any terms but unconditional
surrender. A reference will be made to Lord Norbury
respecting Dwyer, but his lordship seems to doubt his plea of
idiotcy.
7th April, \8U.}
FROM CAPTAIN MATTHEWSON,
GLEN ARM, CO. ANTRIM.
The circumstances stated in Daniel M'Clarty's information have
not yet come to his knowledge, but from common report, there
have been unlawful meetings frequently held in the district
M'Clarty lives in, since the month of October, and guns fired
every second or third night, as if to collect the disaffected at their
places of rendezvous. Knows George Arsbill personally, and if
authorized, will soon commit him to Carrickfergus gaol. Knows
very httle of M'Clarty, — in case he can collect any useful in-
formation will shortly communicate it.
\Oth April, 1811.]
TO CAPTAIN MATTHEWSON,
GLENARM, CO. ANTRIM.
In reply to his letter of the 7th instant, observing, that as it
appears by the reports he has received, and the concurrent
testimony of two of his yeomen, that there may be a foundation
for M'Clarty's statement, no time should be lost in ascertaining
the truth of what he has advanced ; for this purpose, it seems
desirable, that, omitting for the present to take any steps against
Arsbill, and continuing to maintain the strictest secrecy, he should
endeavour to prevail with some trusty person to give his apparent
consent and co-operation to their projects, until the objects of the
meeting, &c., are developed, — any expense he shall incur will be
repaid, and requesting to hear from time to time any particulars
he may learn.
( 245 )
9th April, 1811.]
FROM OLIVER LATHAM, ESQ.
KILLENACLE, CO. TIPPERARY.
Stating that he had communicated with the different magistrates
and gentlemen, who all concur in thinking that £50 is the lowest
sum Pat. Dignam should be paid for his loyalty.
9th April, 1811.]
FROM MICHAEL KEANE, ESQ.
CAPPOQUIN, CO. WATERFORD.
In consequence of private information, that Bryan was concealed
near Killeagh, he despatched Wilham Fitzmaurice to that place,
and who, at the hazard of his life, brought Bryan a prisoner, and
he is now in Waterford gaol ; in consequence of which, and his
other services, he commends him to the consideration of his Grace.
Enclosing the confession which John Bryan made to him, at the
same time he held out no inducement whatsoever to him to make
any discovery.
Uth April, 1811.]
TO MICHAEL KEANE, ESQ,
CAPPOQUIN, CO. WATERFORD.
Thanking him for his letter of the 9tli instant, regarding his
opinion as to the extent of remuneration Mr. Fitzmaurice is
entitled to ; approving of his conduct towards Bryan ; the advan-
tage to be taken of his disposition to disclose, must depend upon
the use that might be made of his testimony, as well as the
prospect of bringing him to punishment ; his crime is of such a
natui'e, that if the evidence is clear against him, his prosecution
cannot be avoided; if, however, his conviction is uncertain,
endeavours should be made, to ascertain if those who have suffered
can identify the offenders ; no hope of favour to be held to
Bryan. Requesting to know the result of these enquiries.
13th April, 1811.]
TO THE REV. N. HERBERT,
CARRICK-ON-SUIR, CO. TIPPERARY.
Enclosing copies of the examination of John Bryan, taken before
two magistrates of Co. Waterford, and of a letter from one of
those gentlemen ; he (Mr. H.) Avill best judge how far what he
has said can be confided in, and he will conduct himself accord-
i'^g^y ; remarking, however, that it proceeds from a man who
has no hope of escape for himself, and who may feel exasperation
( 246 )
against the accusers of his accomplices in guilt, and is interested
in throwing discontent on the proceedings of courts of justice.
I3th April, 1811.]
TO HENRY ST. GEORGE COLE, ESQ.
WATERFORD, CO. ■WATERFORD.
Like letter and enclosures as that to Mr. Herbert,
13th April, 1811.]
TO SAME.
In reply to his letter of the 10th instant, to acquaint him, that if
he can ascertain that Hogan wishes to go to Cheek Point, he may
be exchanged with Connors, and that placing Connors in the
passage barge, was for the purpose of bringing him as near Cheek
Point as possible.
\3th April, 1811.^
FROM MORGAN KENNEDY, ESQ.
DUNGARVON, CO. WATERFORD.
Stating that on John Bryan, being brought in a prisoner, he had
sent for him (Mr. K.) and mentioned that as he had no chance of
pardon, he wished to ease his conscience, in consequence of which
he took his information, (which he encloses) in the presence of
Captain Morten of the Leitrim Militia; that some strong cir-
cumstances concur in leading him to beUeve them true, and that
it appears Patrick Bryan, for the purpose of saving himself and
his brother, prosecuted, at last assizes for Waterford, four men to
conviction, and who were executed for the same ; recommending
that copies of their informations should be sent to Major Cole
and Mr. Herbert.
lUhApril, 1811.]
FROM H. LANGLEY, ESQ.
THURLES, CO. TIPPERARY.
Recommending that either £200 should be given to Daniel
Keane, to establish himself at Thurles, or an annuity of £20.
16th April, 1811.]
TO MAJOR PRENDERGAST,
CLOGHEEN, CO. TIPPERARY.
Enclosing him £86 9s. Od., being the amount of the advances
made by him for the apprehension of offenders ; to desire that he
( 247 )
will take care that Kennedy is settled in some place of security, for
which he may call for any sum that may be necessary, and
signifying his Grace's particular acknowledgements for his
zeal, &c. &c.
I6th April, 1811.]
TO LIEUTENANT-COLONEL ARMSTRONG,
SLANK, CO. MEATH.
Acknowledging his letters of the 14th and 15th instant, the latter
reporting outrages, and the former enclosing threatening notices,
which have been shown to the Attorney-General, who, notwith-
standing the strong similarity of hand- writing, thinks " there is
not legal evidence against the suspected person, and that the
magistrates should endeavour to procure a luitness, who can
swear to the hand-writing, and any other evidence that can be
had, and suspend their proceedings in the mean time."
With respect to the outrages near Gormanstown, the magistrates
should lose no time in procuring affidavits of the facts, and
consulting the best means of preventing a recurrence of such
offences, in furtherance of which they have the sanction of
government for offering rewards, &c. ; besides, if the civil power is
inadequate, a communication will be had with the Commander
of the Forces for such mihtary aid as may be requisite. In the
meantime, the commanding officer of the district has directions to
give the assistance of the troops. He is, perhaps, aware that to
the force already at Garrestown and Balbriggan, it is proposed
to station a detachment at Ardcastle ; will be glad to receive
copies of any depositions that may be taken ; and recommending
that the deponents should always be closely examined as to their
knowledge of the perpetrators.
\6th April, 1811.]
FROM HENRY ST. G. COLE, ESQ.
WATERFORD, CO. WATERFORD.
Commenting at great length on the conduct of Mr. Morgan
Kennedy, in taking the informations of, and recommending, John
Bryan. Requesting that Judge Fox may be inquired of, with
respect to the declaration made by Kearney in the dock, when
found guilty, which clearly shows the falsity of Bryan's testimony.
ISth April, 1811.]
FROM LIEUTENANT-COLONEL ARMSTRONG.
SLANE, CO. MEATH.
Stating the difficulty he finds in getting information, as what
they tell in confidence (as they suppose) to ono of themselves
( 248 )
they deny the next moment to the magistrates. As an instance, he
encloses an affidavit taken the day before ; but when Vahey was
brought forward he denied every article of it, and said he must
have been drunk, if he had said what the affidavit set forth ; but
that he did say so, he (Colonel Armstrong) has no doubt. Mr.
Fisher had both Vahey and Corry in custody, and went through
the ceremony of taking their affidavits, but to no purpose. Is
very glad to hear of a party being stationed at Ardcastle.
\9th April, 1811.]
TO MAJOR-GENERAL HART,
LONDONDERRY, CO. LONDONDERRY.
Thanking him for his letter of the 14th instant, and coinciding
with him in the reasons given by Cornelius, against associating
any one of his own regiment with him, in the detection to be
made. This difficulty, it is to be hoped, will be overcome by
application to Sir G. Hill and the Bishop of Derry, who will pro-
bably supply some trustworthy person. The introduction of
Cornehus at is an additional cause for exertion. Will be
obliged by his sentiments, and those whom he consults.
nth April, 1811.]
FROM LORD TYRAWLEY,
CASTLE LACKEN, CO. MAYO.
Requesting that £20 a year may be allowed to the Rev. Mr.
Magee, a priest, whose conduct has been most meritorious, to
whom in a great measure is owing the return of peace and tran-
quiUity to his neighbourhood.
20th April, 1811.]
TO LORD TYRAWLEY,
CASTLE LACKEN, CO. MAYO.
In consequence of his recommendation that Mr. Magee, a priest,
who, by his communications, has enabled his lordship to keep a
vigilant eye on the peace and order of his county, should receive
some remuneration. His Grace approves of £20 annually being
applied to liim, so long as he continues to perform similar
services.
20^^ April, 1811.]
FROM RICHARD CREAGHE, ESQ.
GOLDEN, CO. TIPPERARY.
Since he last wrote, the Rev. Mr. Bergan has got in five stand of
arms. Recommending that some small gratuity should be given
( 249 )
to him, as he has always been ready in assisting and getting
information.
23rd April, 1811.]
TO RICHARD CREAGHE, ESQ.
GOLBEN, CO. TIPPEKARY.
In consequence of his letter of the 20th instant, recommending
the Rev. Mr. Bergan (a priest) to his Grace's consideration,
twenty guineas is now enclosed to be given by him to Mr.
Bergan.
20th April, 1811.]
FORM HENRY ST. G. COLE, ESQ.
WATERFORD, CO. WATERFORD.
Requesting that his letter of 16th instant may be destroyed.
Since coming to Waterford gaol, John Bryan has requested to see
him and Mr. Humble, and if he sends any good reason for it
they will go to him ; but nothing short of his desiring to recant
his informations, lodged before Mr. Kennedy and Captain Moreton,
will induce him to go near him. Acknowledging receipt of £20,
which he has given to the priest of the parisli, who will publicly
hand it to the constable's daughters, at chapel. Enclosing James
Hogan's letter, which will remove the difficulty of E. Connors'
removal to Cheek Point.
23rd April, 1811.]
TO HENRY ST. GEORGE COLE, ESQ.
WATERFORD, CO. WATERFORD.
His letter of 16th instant is among private papers, where it
will be perfectly secure against any disclosure of its contents.
The course he intends to pursue, with respect to Bryan, seems
most eligible, considering the uneasiness his declaration has given
already. His recantation should be encouraged as much as pos-
sible, without letting him perceive they have the least weight on
any one. His Grace has consented to the exchange between
Hogan and Connors.
23rd April, 1811.]
TO JAMES DAWSON, ESQ.
FORKHILL, CO. ARMAGH.
Requesting he will acquaint whether any thing has come to his
knowledge respecting a person of the name of Dixon, a Presby-
( 250 )
terian minister, who is represented to have been active in disse-
minating mischief in the neighbourhood of Keady, and that he will
cause a watchful eye to be kept on him.
27th April, 1811.]
FROM ARTHUR ACHMUTY, ESQ.
KILMORE, CO. OF CAVAN.
No depositions relative to thrashing, &c., have been made before
him : and reports his part of the county to be in perfect tran-
quillity.
24th April, 1811.]
TO MAJOR-GENERAL HART,
LONDONDERRY, CO. LONDONDERRY.
Sir Georgk Hill's letter of 22nd instant has been received,
in which he sets forth the course which it is presumed, in concur-
rence with him and the Bishop of Derry, it is proposed to adopt,
in consequence of Corporal Cornelius's information. Acquaint-
ing him that a conference with the law officers has been had, in
consequence of which he is now apprized of their opinion, and is
desired to stay all proceedings, until the sworn informations of
Cornelius have been transmitted to government, and liis Grace's
directions thereupon communicated.
He is requested to communicate this letter to the Bishop of
Derry and Sir G. Hill.
2Gth April, 1811.1
FROM COLONEL OGLE,
FORKHILL, CO. ARMAGH.
Stating, that in the Freeman's Journal of the 17th April, he
had read a paragraph asserting that the affidavits against M'Kew
and Kelly were forged by government, &c. And also stating that
the rector of the parish and a magistrate has repeatedly said that
the examinations in question were fabricated, and that he is en-
deavouring to invalidate the testimony of the witnesses. He
(Mr. Ogle) thinking this so serious an offence, has acquainted the
Primate of the circumstance, and also taken legal steps to obtain
redress, and expects to be supported by government ; has autho-
rised Fearon and his son to keep arms for their protection. A
person named Muchcgan was sworn in an United Irishman at
Drogheda by Hagan. Corporal Tipping states much disaffection
to prevail at Newry, but great caution observed since the late
convictions in the North. Wishes to know what the intentions of
( 251 )
government arc with respect to Corporal Tipping ; thinks he
would be useful in Dublin.
27^A April, 1811.]
TO COLONEL OGLE,
FORKHILL, CO. ARMAGH,
Acknowledging receipt of his letter of 26th instant, adverting
to a paragraph in the Freeman's Journal, announcing that the
prosecution of M'Kew and Kelly at the last Monaghan assizes was
founded on suspicious evidence. This insinuation will no doubt
be satisfactorily refuted by the disclosure that Fearon will make,
which it is expected will give a full insight into all the proceed-
ings in which he has been concerned. It seems he should take
speedy measures for his removal to a place of security, previous
to which he should take his depositions, &c., or send them up to
town for the inspection of the law officers. AVith respect to the
misconduct of the rector of the parish, he has adopted the most
proper course in acquainting the Primate, but no opinion can be
formed of this offence against law. From the brief statement
he has furnished, as to the ultimate disposal of Fearon, it will not
be possible to decide at present. Shall be glad to hear from
Newry. M'Kew still persists in asserting his innocence, and has
not made any communication of moment.
26th April, 1811.]
FROM R. E. S. ENRAGHT MOONEY, ESQ.
GLENAVY, CO. WESTMEATH.
Informing, that one of the most forward of the rioters of Seven
Churches, had come to his house in his absence, and given up his
arms, but would not give up himself; that Mr. Shevington de-
clares his expectations that government will reward him for what
he has done, from which circumstance it is feared his testimony
cannot be much relied on. The person Avhom he impUcates is a
most industrious poor man. Enclosing a certificate, and request-
ing a search warrant.
29th April, 1811.]
TO R. E. S. ENRAGHT MOONEY, ESQ.
GLENAVY, CO. WESTMEATH.
In reply to his letter of 26th instant, it is to be wished that the
rioter at the Seven Churches who has given up his arms, had also
been brought in reach of the law, and as he is known, it is trusted
his exertions will ultimately succeed in apprehending him. What
( 252 )
he has ah-eady observed respecting Mr. Shevington, seems to
render it very unadvisable to act on his communication. Enclos-
ing a second certificate for the search of arms, and directing how
it shall be filled.
21th April, 1811.]
FEOM MAJOR PRENDERGAST,
CLOGHEEN, CO. TIPPERARY.
In reply to letter of 24th instant, does not know how the claims
of Hewton came not ta be mentioned equally with Moore and
Prendergast ; thinks him deserving of £50.
^Oth April, 1811.]
TO MAJOR PRENDERGAST,
CLOGHEEN, CO. TIPPERRRY.
Informing him that a sum of £50, or £10 per annum, whichever
he prefers, will be given to Hewton.
28th April, 1811.]
FROM THE BISHOP OF ELPHIN,
ELPHIN, CO. ROSCOMMON.
Requesting to know what form is necessary to search for arms,
under provision of Act 50 George III.
30th April, 1811.]
TO THE BISHOP OF ELPHIN,
ELPHIN, CO. ROSCOMMON.
Enclosing a blank certificate, with directions for it being filled,
and also a copy of the arms act.
MAY, 1811.
6th May, 1811.]
TO THE EARL OF LLANDAFF,
TIPPERARY, CO. TIPPERARY.
Informing his lordship, that in consequence of a communication
to government, Mr. Serjeant Moore had been directed, at the last
assizes for the county of Tipperary, to investigate the case rela-
tive to three men who were indicted for assuming the name of
Curran, and violently assaulting' a man of the name of Kerr ; and
( 253 )
from his report, it appearing, that in October, 1809, Michael
Dwyer, John Dwyer, and Timothy Handley were committed to
the gaol of Clonmel, charged with the above outrage, but in No-
vember following discharged, by virtue of an instrument under
the hand and seal of Lord Llandaff, directed to the keeper of the
gaol, and reciting, that his lordship had received sufl&cient sure-
ties for the appearance of those persons at the next assizes for said
county to abide their trial. That the clerk of the crown prepared
bills of indictment, which were found at a quarter sessions at
Cashel, in July, 1810, on the aforesaid charges; and crown
summonses served, and by them disobeyed ; and at the end of
August, or beginning of September, they were apprehended by
virtue of the crown capias, whereupon an instrument was produced,
dated 5th of August, 1810, under liis lordsliip's hand and seal,
wi'iting as above, respecting the appearance of said persons at
next Cashel sessions, &c., and concluchng, " These are, therefore,
in liis Majesty's name, commanding and charging you, and each of
you, that you utterly forbear and cease, on sight hereof, to take,
molest, or imprison the said persons ;" and if so imprisoned, &c.,
" you are, on sight hereof, to release them," &c., &c. That they
have never come in to stand their trials, and that no bail appears
to have been taken for their appearance; and acquainting his
lordship, that before liis Grace comes to any conclusion on this
subject, his personal respect for liis lordship induces liim to direct
this communication of the circumstances, in order to give his
lordship an opportunity of offering an explanation.
May 7th, 1811.]
FROM JAMES DAWSON, ESQ.
FORKHILL LODGE, CO. ARMAGH.
Acknowledging letter of the 23rd ultimo. Has made every in-
quiry respecting " Doctor Dickson," and finds that he is a most
turbulent, disaffected, and disloyal man. Adds that there are
several townlands in the parish of Derrynoose where arms are
concealed.
UthMay, 1811.]
FROM JOHN BOYLE, ESQ.
NEWTOWN LIMAVADY, CO. LONDONDERRY.
Respecting Edward Lafferty's offer to swear against R. 0.
Fairy, and his sons, being standard or ribbonmen whom he met
with a party returning from a nightly meeting. He dechned
giving information before a magistrate (three miles distant) ;
promised to come to Newtown next evening, but had not done so ;
his character not being the best. Mr. Boyle adds, that he has
reason to think the above system is widely extended.
( 254 )
\6thMau, 1811.]
FROM ROBERT GRUBB, ESQ.
CLONMEL, CO. TIPPERRAY.
Has engaged in three or four prosecutions, the expense of which
does not exceed five or six guineas ; has gone to trifling expense
to procure the arrest of John Murphy, indicted for the murder of
Mulcahy. Has not yet removed the woman, whose information he
sent copy of, and who is still protected by three soldiers in her
own house. Mentions one Denis Spain, who has been twice
whipped at Borrisoleigh, but is now so reduced, and in such a
declining state of health, that he recommends his removal from
prison, and that the remainder of his sentence to confinement may
be remitted.
nth May, 1811,]
TO ROBERT GRUBB, ESQ.
CLONMEL, CO. TIPPERARY.
Acknowledging his letter of the 16th instant ; thanking him for
his communication ; expressing approbation of the expenditure he
has incurred, of which it is wished to have an account, as soon as
he has provided for the witness he mentions, in order that direc-
tions may be given for his repayment ; and acquainting him, with
respect to Spain, it seems desirable that he should not be set at
large, as from the infirm state of his health more attention can be
paid to him in the hospital of the prison.
I4lh and I5th May, 1811.]
FROM HENRY ST. GEORGE COLE, ESQ.
WATERFORD, CO. WATEBFORD.
Mentioning the arrest of Bryan, by Fitzmaurice and Tobin, and
demand for one hundred pounds, as a reward for the same ; and
also, that he had committed Michael Walsh to the county gaol for
endeavouring to seduce two soldiers of the Leitrim militia from
their allegiance.
l8thMay, 1811.]
TO OLIVER STOKES, ESQ.
LISTOWEL, CO. KERRY.
Acknowledging his letter of the 14th instant, enclosing (in com-
pliance with his opinion) one hundred pounds, to be paid to
Maurice Connell, in compensation for his losses, and in reward for
his conduct in bringing offenders to justice.
( 255 )
JUNE, 1811.
1st June, 1811.]
TO HENET ST. GEORGE COLE, ESQ.
WATERFORD, CO. WATERFORD.
Signifying to him, his Grace's approbation of his remaining in
the country, until it is seen whether the outrages, alluded to in
his letter of the 30th ultimo, are the acts of a few desperate
criminals, or connected with a more general plan of mischief. To
desire he will state the result of his inquiries to the several
occurrences mentioned in his letter.
6th Jane, 1811.]
TO MAJOR PEENDERGAST,
CLOGHEEN, CO. TIPPERARY.
Acknowledging his letter of the 3rd instant ; and expressing his
Grace's thanks for his endeavours to apprehend the conspirators
against the life of Fitzpatrick, the Hearthmoney collector ; and
observing that it would be extremely desirable to entrap them
into such an attempt to effect their purpose, as should bring them
within the reach of the law ; but without knowing the extent of
Mr. Bushe's information, and the use he is at hberty to make of
it, it is not possible to form any idea of the manner in which it
should be done. The proper measures shall be taken for having
his absence from military duty excused. Major Prendergast Avill
have the goodness to acquaint Mr. Fitzpatrick with the substance
of the above communication, contirmed by the Lord Lieutenant's
desire, in answer to his letter of the 3rd instant, to his Grace ;
that if it becomes necessary he should be attended by a mihtary
force in the collection of the taxes, that he should, with the
sanction of the neighbouring magistrates, make his apphcation to
that effect, to the commanding officer of the district.
6th June, 1811.]
FROM HEXRY ST. GEORGE COLE, ESQ.
WATERFORD, CO. WATERFORD.
Stating that he had offered twenty guineas reward to an in-
former, to set Walsh and Jordans for liim, and requesting to
know if it will be approved of; and recommending ten guineas to
be given to Edward Connors, until he should be appointed boat-
man at Cheek Point, of which he has as yet received no notice
from the board.
( 256 )
7th June, 1811.]
TO HENRY ST. GEORGE COLE, ESQ.
WATERFORD, CO. WATERFORD.
Acknowledging his letter of the 6th instant, and enclosing him
fifty guineas, the particulars of which sum, as well as the like
formerly advanced to him, he is requested to furnish as soon as
convenient : approving of his offering a reward of twenty guineas
to his informer for the services he has undertaken to perform,
and of his advancing to Connors whatever may be necessary for
his subsistence, until his appointment at Cheek Point takes effect,
the reason of the delay of which shall be inquired into.
\2thJune, 1811.]
TO JAMES LANGTON, ESQ.
CHARLEVILLE, CO. CORK.
Acknowledging his letter of the 10th instant, and acquainting
him that any sums he may find it useful to disburse for private
information will be repaid : the amount must, in some degree,
depend on the particular circumstance of the case. In that to
which his letter refers, ten or twelve guineas, perhaps — if the
charge against the Carrolls is direct and positive — might not be
too much to expend on their being lodged in prison. It is trusted
he will take care the witnesses are not exposed to risk of per-
sonal safety, or chance of being deterred from following up the
prosecution of the offenders.
lOth June, 1811.]
FROM MAJOR PONSONBY,
LISTOWEL, CO. KERRY.
Stating, at some length, his apprehensions that he may have been
misrepresented to government.
\9thJune, 1811.]
FROM FRANCIS MANSFIELD, ESQ.
LETTERKENNY, CO. DONEGAL.
Detailing the circumstances which occasion the apprehension of
some dreadful outrages taking place on the 12th of July, between
the Orangemen and Catholics, if not prevented by the presence
of a large military force.
( 257 )
22nd June, 1811.]
TO FRANCIS MANSFIELD, ESQ.
LETTERKENNY, CO. DONEGAL.
Acknowledging liis letter of the 19th instant, and informmg
him that in consequence of representations made to government,
respecting the hostiUty of the Orangemen and Cathohcs in Let-
terkenny and that quarter, his Grace has sent detachments of
troops to that place, Raphoe, &c., and whose presence, it is hoped,
will be sufficient to prevent mischief, even if the Orangemen
should persist in parading, and there should exist in the Cathohcs
a disposition to oppose it ; expressing satisfaction at the anxiety of
the magistrates to prepare against any violation of the law, &c.
24th June, 1811.]
TO G. HOMAN, ESQ.
LETTERKENNY, CO, DONEGAL.
Acknowledging the receipt of a letter, signed by him and by
Mr. R. Ball, and acquainting him that reinforcements of troops
have been sent into the country, along the shores of Lough
Swilly, in consequence of representations from the general officers
of the district, and the magistrates in that quarter, from which it
was apprehended that the animosity between Orangemen and
Cathohcs might, on the 1st and 12th of July, break out into
violence ; but that it was not understood from the intended pro-
cessions and parades that any ulterior object was in view; re-
questing he will confer with the neighbouring magistrates, and
procure any authentic information that may corroborate his state-
ment, and transmit it.
IdthJune, 1811.]
TO MAJOR PONSONBY,
LISTOWELj CO. KERRY.
Acquainting him, that the observations contained in the letter
of the 29th ultimo, to which he has thought it necessary to reply,
were not made in consequence of any representation to govern-
ment with respect to his conduct on the occasion alluded to ;
but were merely the repetition of a communication, which, in
many instances, it had been found requisite to make to magis-
trates in different parts of the country.
22nd June, 1811.]
FROM G. HOMAN AND R. BALL, ESQRS.
LETTERKENNY, CO. DONEGAL.
Stating their fear of disturbance taking place on the 12th of
July, similar to the accounts of Mr. Mansfield.
( 258 )
^thJune, 1811.]
TO MAJOR PRENDERGAST,
CLONMEL, CO. TIPPERARY.
Acknowledging his letter of the 23rcl instant, and its enclosures ;
approving of his placing the witness Fleming in a place of security,
and affording him necessary subsistence. With respect to re-
ward, it would be better to postpone making him any offer or
promise of that nature, until after his testimony shall have been
put to the proof on Mullowney's trial.
21th June, 1811.]
FROM SIR GEORGE HILL,
LONDONDERRY, CO, LONDONDERRY.
Detailing the particulars which occurred at the meeting of the
magistrates and gentlemen at Letterkenny, in conjunction with
Sir Charles Asgill, and enclosing the resolutions they entered
into.
29th June, 1811.]
TO SIR GEORGE HILL,
LONDONDERRY, CO. LONDONDERRY.
Thanking him for his letter of the 27th instant, reporting the
steps that have been taken by the magistrates of Donegal, in con-
junction with Sir Charles Asgill, to prevent the mischief that is
apprehended. The resolutions he enclosed, appear calculated to
put down any attempts at violence in the commencement, if not
entirely to prostrate its occurrence.
28th June, 1811.]
FROM EARL ANNESLEY,
CASTLEWILLAN, CO. DOWN.
Stating, that having received information of the priest of the
parish of Hilltown, charging him with promoting thrashers ; and
that, in conjunction with one M'Donell (who had been a rebel in
'98, and got a pardon), he was promoting rebellion, and that his
freemason parishioners are ready to come forward to make good
these charges. He (Lord Annesley) wishes to be informed how
he should act.
29th June, 1811.]
TO EARL ANNESLEY,
CASTLEWILLAN, CO. DOWN.
Acknowledging his letter of the 28th instant, and returning his
Grace's thanks, as well for the communication as for the caution
( 259 )
his lordship is so soUcitous to observe, in proceeding criminally,
where the situation and profession of the accused ought to furnish
a presumption of his innocence. The nature of the charges pre-
ferred against the priest in question, and the means which his
lordship appears to have for bringing them home to him, render
it less advisable to state the whole matter to the heads of the
Cathohc clergy than it might, perhaps, otherwise have been. The
precise mode, however, which ought to be pursued cannot well be
decided on until the informations are regularly sworn, and trans-
mitted to the Lord Lieutenant's consideration, when this shall be
done, agreeably to the Attorney-General's advice, with as much
privity as possible. The interval between the taking and acting
on the depositions will be so short as neither to hazard the escape
of the parties accused, nor lead to a supposition that there exists
any disinclination to punish a violation of the law. Requesting
he will lose no time in forwarding copies of affidavits in support
of the complaint his letter aUudes to.
END OF JUNE, 1811.
( 261 )
PRECIS
OF
CORRESPONDENCE WITH MAGISTRATES, &c.
PART II JULY TO DECEMBER, 1812.
30M June, 1812.]
FROM H. ST. G. COLE, ESQ.
WATERFORD, CO. WATERFORD.
Stating tliat he was going to collect evidence, respecting the
murder of James Power ; and that the county is so universally
quiet, that the dragoons may be removed, and that he had not
employed them but on the public service, which he can prove,
and requests the affair may be investigated.
\st July, 1812.]
TO H. ST. G. COLE, ESQ.
WATERFORD, CO. WATERFORD.
In reply to liis letter of the 30th ultimo, observing, that it seems
only to be necessary that he should send proofs that there was
no misapplication of the force placed at his disposal.
29^^ June, 1812.]
FROM MAJOR-GENERAL BURNET,
STRABANE, CO. TYRONE.
Reporting that a few days after Mr. Berger had been making
observations in the neighbourhood of Knockala Fort, he was
seen taking the heights in the rear of a work now erecting on a
point on the Island of Inch ; and that he appears to be far
wandering from the avowed object of his visit to Ireland.
\st Juhj, 1812.]
TO MAJOR-GENERAL BURNET,
STRABANE, CO. TYRONE.
Acknowledging his letter of the 29th ultimo, enclosing one
from Lieutenant-Colonel Johnson ; observing that it is very
satisfactory to know that such an occurrence*, (M'Bride's death,)
u
( 262 )
is entirely attributed to accident ; however, it is presumed that
the due course of legal investigation will be pursued for the
purpose of authenticating the circumstances attending it. Thank-
ing him for his communication respecting Mr. Berger, to whose
movements attention will be given.
1st July, 1812.]
TO REV. EDWARD CHICHESTER,
LONDONDERRY.
Requesting his attention to the movements of a foreigner, who
had been permitted some months back to come to Ireland, solely
for the purpose of pursuing his geological researches, but who
is said to be making observations near Knockala Fort, taking-
heights in the rear of a work now erecting on a point of the
island of Inch, in Lough Swilly.
28th June, 1812.]
FROM MARTIN GRANNET, ESQ.
MIDDLETON.
Stating that some hundreds of the lower orders assemble every
night, styhng themselves Caravats, and commit various outrages.
2nd July, 1812.]
FROM A. JACOB, ESQ.
ENNISCORTHY, CO. WEXFORD.
Stating that he has just heard that pikes of a new form were
making from one sent from Birmingham, and requesting to know
if any information of a similar kind from any other part of the
kingdom has been received.
3rd July, 1812.]
TO A. JACOB, ESQ.
ENNISCORTHY, CO. WEXFORD.
Acknowledging his letter of the day before, and acquainting
him that the information he has received respecting the preparation
and construction of a new species of pike is entirely new, and
that there is no reason for apprehending that there exists in any
part of the country a design of the nature such preparation would
imply ; requesting, however, that he will probe his intelligence to
the bottom.
Srd July, 1812.]
TO COLONEL WOLFE,
NAAS, CO. KILDARE.
Enclosing the substance of a communication, which states that
something is going on in the neighbourhood of Allen, Blackwood,
( 263 )
and Hodgestown, in the county of Kildare ; something was said
on the subject, by the parish priest of Rathcoffy, from tlie altar,
but was not rehshed by the congregation. Matthew Cusack of
Bhickwood, should be watched ; it is stated that pikes are
making in the upper part of Kildare.
1st July, 1812.1
FROM CHARLES COSTELLO, ESQ.
BALLAGHADEREEN, CO. MAYO.
Enclosing Gurran's statement, given on the 28tli of June, and
remarking that he was not in the least satisfied with it, but that
he promised to come the following day with many other documents,
instead of which he has absconded towards Dubhn ; encloses
his description. Requesting an order to be sent for accommodation
to be given to Thomas Mulligan, the informer, in the barracks.
2nd July, 1812.]
FROM EDWARD WILSON, ESQ.
ROSCOMMON, CO. ROSCOMMON.
Reporting that he has been endeavouring to apprehend fellows
who go about collecting money to defend the Threshers now in
gaol; and that on the night of the 1st instant, the house of
D. Hanley was broken into, and himself sworn to be up to
Captain Thresher's laws, and had beat him violently, and de-
stroyed his house, &c. ; that he has sworn positively against
three of the persons, one of whom has been lodged in gaol.
Recommends Hanley being protected.
Ath July, 1812.]
TO EDWARD WILSON, ESQ.
R0SC03IM0N, CO. ROSCOMMON.
In reply to his letter of the 2nd instant, requesting he will give
such protection and subsistence to Hanley and his family as
circumstances may require; but the subject of future remuneration
will be more properly considered, after his conduct on the trial
of Dunhed and others ; hoping that the usual grounds for ap-
plication, at the next assizes, for compensation on account of his
losses, will be stated.
Qth July, 1812.]
TO THE BISHOP OF LIMERICK,
LIMERICK, CO. LIMERICK.
Acknowledging his letter of the 4th instant, and returning its
enclosure, in order that no time may be lost in obtaining the
signatures of the magistrates to the offer of rewards, &c. With
( 264 )
respect to issuing a proclamation, it is impossible that any steps
can be taken until attested copies, of whatever information can be
procured relative to the fact, shall be in possession of government ;
of which he is requested to apprize Mr. Blennerhasset, and to
desire him to be careful that the affidavits contain an express
denial of any knowledge, or suspicion of the persons by whom
the criminal acts were committed ; and as soon as this has been
done, his Grace will consider whether the case should be submitted
to the Privy Council.
4 the next post, if
Mr. Marsden can give any insight into the character of Bourke.
2Ut Sep. 1812.]
FROM GEORGE SMYTH, ESQ., RECORDER,
LIMERICK, CO. LIMERICK.
Representing, that he feels it totally impossible to give a more
detailed account, than that he has already given, unless that he
is ordered to examine Lieutenant Bourke, and report his
account.
23rd Sep. 1812.1
TO GEORGE SMYTH, ESQ., RECORDER,
LIMERICK, CO. LIMERICK.
In answer to his letter of the 21st instant, acquainting him, that
in requiring a more minute detail of the alleged conspiracy of
Lieutenant Boui'ke, it was in the expectation, that not only
Brohan's affidavit, but the affidavits of others, might be procured,
particularly as Bourke seemed rather to justify, than deny, his
conduct ; remarking to him, that under these circumstances, there
was no reason for keeping Bourke ignorant of the charges against
him, nor for checking any disposition on his part, to disclose the
object of his conduct, or names of his associates. With such
assistance, the hope is still retained, that further insight may be
obtained into the case : and suggesting, that notwithstanding the
opinion he entertains of Carey, he should not omit to examine
him, and also to call upon Brohan, to swear positively, to his
knowledge or ignorance of the persons, exclusive of Bourke, who
attended the meetings at his house.
( 298 )
24th Sef. 1812.1
FROM FRANCIS WOODLEY, ESQ.
TALLOW, CO. WATERFORD.
Acquainting of the elopement of Mary Callaglian, and stating
liis suspicions that she had been influenced by her priest, and
also the tutelar bishop (Dr. Coppingcr) ; that if so, her personal
safety is not endangered ; but if she had been induced to it by
any other means, he fears she will be assassinated, as he got the
knowledge of several assassinations that had been intended ; David
Hennessy's, and also Mr. and Mrs. Macbeth, for whose safety he
has great apprehensions ; has requested of them to remove into
some town, until after the assizes : and that his own life is to be
be attempted. Is inclined to believe that Mary Callaglian is
secreted some miles off, and will use every means to discover her,
and if so, would be glad to know how he is to act. Thinks the
present tranquillity is not to be relied on ; has been requested
by many farmers, to admit several to surrender, on their giving
bail, but this he declines.
26ih Sep. 1812.]
TO HENRY ST. GEORGE COLE, ESQ.
WATERFORD, CO. WATERFORD.
Enclosing, agreeably to the account transmitted in his letter of
25th instant, £58 7s. 8d., together with ten guineas to be given
to Moore, for apprehending Mandeville, and requesting separate
receipts, for himself and Moore.
2Sth Sep. 1812.]
TO FRANCIS LLOYD, ESQ.
LIMERICK, CO. LIMERICK.
Requesting, in consequence of the absence of Mr. Smyth from
Limerick, he will take up the inquiry, he has commenced, into
the charge made by Brohan against Lieutenant Bourke, and
pursue it to the utmost, Avithout giving it more pubhcity or im-
portance than it seems entitled to. Detaihng to him every par-
ticular relating to the subject, that has not been made known
to him by the public prints. Requesting he will omit no means
of coming at the real character of the transaction, and of the
persons imphcated in it ; and if there shall appear to him sufficient
grounds for treating Lieutenant Bourke, as engaged in a criminal
attempt against the peace of the country, tliat he will pursue
whatever course the law will justify, for making him answerable
for the offence. Observing to him, that as yet, the indistinctness
of the charge, or rather confession, has been such, as to entitle
( 299 )
the cautious proceeding hitherto adopted with respect to Bourke's
personal hberty, to approbation ; though, if the result of the
inquiry should make the aifair more serious, he should be dealt
with in a very tUfferent manner. As Major-General Darby
knows all the business, he need not scruple to confer with him
upon it.
29