''A.' h' ■ ■ . * : ■ ' >■ . ■ ; [,' :■)•':'■' ;. "1 % k h K' 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