V/ THE SPEECHES RIGHT HON. HENRY GRATTAN ; TO WHICH IS ADDED HIS LETTER ON THE UNION, A COMMENTARY ON HIS CAREER AND CHARACTER. DANIEL OWEN MADDEN, ESQ., OF THE INNER TEMPLE. To *\ Inniiii tfititioir. u$.. •> t v." % mm m DUBLIN: r PUBLISHED BY JAMES D'tJi'W 7 WELLINGTON QUAY. \ BOSTON COLLEGE LIBRAKf CHESTNUT HILL, MASS, PRINTED BY PATTISON JOLF/V 32, ANGLESEA STREET- PREFACE. Few things are more calculated to give pleasure to those interested in the welfare of our country, than the rapid progress which education has made amongst the people within the last few years. In the Memoir of Grattau, prefixed to this volume, I have confined myself to indicating the growth of his character and genius, to commenting on the most important crisis of his life, concluding with a general review of his career, and with some plain remarks on the inestimable value of his example. I might have gone seriatim through all the facts of his life ; but, within the limited space assigned to me, there would have been room for scarcely more than a meagre abridgment of his biography. The course I have adopted seemed to be more useful. This edition having been designed for the public, and not for students of oratory, 1 have refrained from extended criticism on Grattan's eloquence. The topic has been treated of by Lord Brougham, Sir James Mackintosh, the Rev. George Croly, the late 6 4 4 O IT PREFACE. Chief J ustice Bushe, William Taylor (of Norwich), and by a host of other eminent persons. Upon a critical subject so beaten it would be impossible to grow a blade of fresh thought. In the following Memoir, therefore, I have principally regarded the man and his life, rather than the orator and his style. The valuable edition of G rattan's Speeches (published by his son in 1822) has long since been out of print. It was very carefully edited, and I have freely availed myself of some of Mr. H. Grattan's prefatory notes. I have also to acknowledge my obligations to that gentleman's interesting life of his parent ; but it will be seen that our views are not exactly in concurrence. In reverence for his father's memory, however, I believe all rational Irishmen of every party have long since been agreed. CONTENTS. Memoir of Henry Grattan Page. • vii Declaration of Irish Eights, April 19, 1780 . 37 Catholic Question, Feb. 20, 1782 . 52 PtiGHXs of Ireland, Feb. 22, 1782 . 54 Triumph of Irish Independence, April 16, 1782 . 70 Simple Repeal, July 19, 1782 . . 78 Philippic against Flood, Oct. 28, 1783 . . 91 Commercial Propositions, August 12, 1785 . . 95 Irish Feelings, Sept. 6, 1785 . , 105 Tithes, Feb. 14, 1788 . 107 The same, April 14, 1788 . 130 Corruption by Government, Feb. 1, 1790 . 138 The Same, Feb. 11, 1790 . . 151 The Same, Feb. 26, 1790 . . 155 Spirituous Liquors, Feb. 2, 1791 . 160 Sale of Peerages, Feb. 8, 1791 . 167 Speech on The Address, Jan. 19, 1792 . . 172 VI CONTENTS. Page. Catholic Question, Feb. 22, 1793 . . . . 189 Anti-Jacobin War, Feb. 5, 1791 . < . .209 Whig Reform, March 4, 1794 213 Anti-Union Speech, Jan. 15, 1800 .... 225 The Same, Feb. 5, 1800 246 Invective against Corry, Feb. 14, 1800 . . . 256 Anti-Union Speech, March 19, 1800 . . . 259 The Same, May 26, 1800 272 Catholic Question, May 13, 1805 .... 286 The Same, May 25, 1808 ...... 308 The Same, May 31, 1811 327 The Same, April 23, 1812 . . . . . 341 The Same, Feb. 25, 1813 355 The Same, March 2, 1813 370 The Same, March 9, 1813 ..... 372 The Same, May 11, 1813 378 The Same, May 24, 1813 388 Corn Laws, June 23, 1815 ..... 391 Downfall of Buonaparte, May 25, 1815 . . 397 Catholic Question, May 21, 1816 . . . . 407 The Same, May 9, 1817 . . . .. . . 413 The Same, May 3, 1819 421 Appendix. — Character of Mr. Pitt (Lord Chatham), 438 , Answer to a Pamphlet of Lord Clare 439 A MEMOIR OF HEN R Y GRATTAN. Few things in the perusal of history are more striking than the total dissimi- larity in character of ages that closely succeed each other. In one country, and within the space of a single century, it is possible to observe a remarkable contrast between the successive passions and prejudices, tastes and manners of the same people. The English of the times of James the First and Lord Bacon, were as unlike their countrymen in the days of Cromwell and Milton, as these again were totally dissimilar from the contemporaries of King William and John Locke. So also in the eighteenth century the dissimilarity between the age of Walpole and Bolingbroke, and the era of Pitt and Fox, was as marked as the difference in Irish politics between the days of Swift and those of Flood — between the times of Grattan and those of O'Connell. "When, therefore, we examine the character of any public man, it is abso- lutely necessary to consider closely the nature of that society in which he existed, and the influence of the passions of his age. A political leader is not like the poet or philosopher, who lead isolated lives, remote from the passions of their contemporaries. The existence of a public man is necessarily blended with that of the community at large ; between him and the people around him there is an active reciprocating influence, which is influential on the character of the leader as well as his followers. Of course, the really great public man is not the creature of his own times. If he were, his life would hardly be worth studying: but neither can he have a character totally at variance with that of his contemporaries. His life is a compromise between his own individuality and that of the public whom he strives to govern and direct. In proportion as he sympathizes with the aspirations of his own times, does he obtain present and popular authority; in the same degree as he rises superior to the transient prejudices of his age, and guides his course by general principles and exalted views, will he obtain posthumous fame. And in apprehending with intuition the exact confines between theory and practice, between the far-sighted views which reach to posterity, and those which regard the pressing claims of the passing hour, may be said to consist the art of all great and genuine states- manship, as distinguished from the charlatanism, which, grovelling in the pre- sent, is sure to meet with the contemptuous oblivion of future ages. MEMOIR OF It will be particularly necessary to keep these considerations in mind when we are estimating the character of the illustrious subject of the present memoir Hsitry Grattan, was born in Dublin on the 3rd of July, 17 46. His father, James Grattan, was for many years Recorder of Dublin, and represented the city in Parliament from 1761 to 1766. His family was eminent and respec- table, and more than one of its members was held in high regard by Dean Swift. The mother of Henry Grattan was Mary, daughter of Chief Justice Marlay; and there are reasons for believing that (as in the case of other celebrated men) it was to his mother that our great patriot was indebted for his natural genius. The family of Marlay claims to be of the race of the De Merlys of Normandy ; and if their physical appearance were admitted as evidence in support of the pedigree they exhibit, it would be readily conceded that the Marlays were Norman in their origin. The immediate ancestor of the family was Sir John Marlay, one of the Royalists of 1640, and a distinguished officer amongst the Cavaliers. His son Anthony was captain in the Duke of Ormond's regiment in 1667, and settled in Ireland, where his grandson Thomas rose to be Chief Jus- tice of the Queen's Bench. He was a man of talents and literary accomplish- ments. He prided himself on being an expert swordsman, and a very droll anecdote is recorded of his having run an opponent through the body with a long sword, on which were stamped the Twelve Apostles! The wound was not mortal; and the Chief Justice, who was a man of humour, remarked that his adversary had "got the benefit of the trial by jury, and that the twelve had allowed him to escape I" Chief Justice Marlay had several children, of whom the most eminent was Colonel Marlay, who distinguished himself at the battle of Minden. He was held in the highest respect by his celebrated nephew, who had recourse to his advice on more than one trying occasion. Another son of the Chief Justice was Richard Marlay, afterwards Bishop of Waterford. He was a man of lively mind and genial character. His intellect was highly cultivated, and he was held in deserved esteem by his contemporaries. Indeed, few families in Ireland could boast of a greater union of talent, learning, and virtue, than were to be found in the Marlays. Young Grattan was sent to school to one Ball, who lived in Great Ship Street. At his very first school he gave a striking indication of the native energy of his character. On his master having subjected him to a degrading punishment, which he did not merit, the boy was so outraged that he insisted on his father sending him to another school: he was then sent to Mr. Young's in Abbey Street, where Anthony Malone and Hussey Burgh had been educated. At this latter school he was held to be a boy of great spirit, and in after times his schoolfellows loved to dilate upon the early development of his fine character. In his eighteenth year he was seized with severe illness, which repeatedly returned to him at the most critical periods of his life. His physical organization bore little proportion to the remarkable ardour of his temperament. His body was rather a frail tenement for a spirit so eminently aspiring. At this period of his life, his uncle, Colonel Marlay, appears to have discerned the character of hi3 young nephew. In their correspondence the Colonel addresses Grattan in a tone more suited to a grown man than a forward youth. In the year 1763, Grattan entered Trinity College, Dublin, where he became acquainted with John Foster (afterwards Speaker of the Irish House of Com- mons, and representative of the high Trotestant National Party), Robert (after- wards Judge^ Day, and John Fitzgibbon, afterwards Earl of Clare. HENEY G RATTAN. ix His most intimate companion was young Broome, who was not a member of the University. Their friendship seemed to have been based upon a community of taste and feeling. They had a strong love of poetry and rural scenery, and a decided taste for literature. It was odd enough that Broome was a military man ; he was a cornet of horse when he made the acquaintance of young Grattan. The two friends became voluminous correspondents; and the letters of young Grattan to Broome are remarkably suggestive of the writers cha- racter, and require particular notice. Through all those letters, written in the twentieth year of his age, traces of the same style as that which he preserved through life are visible. In tone rather affected, they are uniformly artificial in their composition ; they abound in expressions often incorrect, but often most forcible, and even picturesque. They are all formed on the model of style set by the letters of Pope, whose genius was much admired by Grattan. It may be needless to remind the reader that in 1765 (when we get the first samples of Grattan's style) Pope was regarded as the poet. Polished, clear, and artificial — seldom abandoned to enthusiasm — exhibiting more care in finishing, than genius in inventing; sceptical without impiety — and caustic without coarseness — the poetry of Pope, the bard of pru- dence, possessed a soit of complexional resemblance to the character of English society during the latter part of the lifetime, and for twenty years subsequent to the death, of the author of the "Essay on Man". It was an age of modish, town-bred philosophy ; of manners elaborately artificial; of a certain conven- tional elegance, which was constantly aspiring after the Beautiful in taste, and as constantly violating in practice the principles of natural grace. It was an age of the Theatre — but the Drama was indebted to incomparable actors rather than to original authors for support. It was Garrick, and not Shakspeare, who obtained the admiration of the town ; and the Maeklins, Mossops, Quins, were more thought of by an elegantly finical public, than the Massingers, Ben Jonsons, and Shirleys of the old English Drama. The manners of the time were favourable to luxury rather than to enjoyment. The fine gentleman of that day aspired to an artistic refinement of manner, but never thought of attaining ease. The woman of fashion was all powder and toupee — hoops and high-heeled shoes. Everything was modish, artificial, and unreal. Even the pulpit partook of that character. The great divines of England were extinct, and a race of petit maitre prelates, of neat, shallow, sparkling, superficial preachers, occupied the places of the Barrows and Tillotsons of former times. The genteel had prevailed over the grand ; the elegantly small was everywhere visible; and the sublime was nowhere to be seen in English life, save in one conspicuous instance — the great Lord Chatham, whose grandeur was heightened by contrast with the petty objects around him ; like a forest tree amidst the shrubs of a trim suburban garden. The character of that age (between the close of the Jacobite contest and the American Revolution) had considerable effect on the mind and style of Grattan. Its effects on the development of his genius were decidedly injurious. The young orator was naturally given to emotion ; his cast of mind was melancholy, poetical, and rather vague ; he was besides eager, passionate, and withal reflec- tive in his habits. He loved others intensely, and the warmth of his friendship was universally reciprocated. He delighted in wandering in the open country, and his love of rural scenery had the nature of a passion. He was also fitful, rather wayward, and subject to abrupt transition of feelings. On the whole, the poetical element largely entered into his composition. But never was there an age less favourable to the poetical spirit than the X MEMOIR OF period (1766) when Grattan was attaining to manhood. Yet it so happened that the times influenced Grattan's mind, and accordingly we find that he re- strained the expression of his natural emotions; became modish, affected, and finical ; gave up racy originality for striking affectation, and tortured his powerful genius into the painful adoption of unnecessary epigrams and fantas- tical antithesis. But his genius was too strong for him ; the artificial culture on false principles which would have destroyed an ordinary mind, was only able to spoil but not to smother Grattan's splendid powers. On a cool and critical contemplation of his original mind and charater, it may be fearlessly asserted that he was far more a poet than an orator or states- man. It is confessedly admitted on all sides that he is the most poetical of orators, ancient or modern. Nor does his failure in the poems he wrote contra- dict in any degree the theory now put forward, namely, that Grattan is to be considered rather as the poet of Irish political passion and national ambition, than as the statesman expounding her wants, and providing for her necessities. It will be found that the facts of his life and the subsequent character of his eloquence, go far to corroborate this mode of estimating his character. In 1767 he became a member of the Middle Temple, and repaired to London during the period required for eating his way to the Bar. "When he arrived in London, it was but natural that so susceptible a mind would have partaken of whatever was most exciting in its nature, and accordingly polities soon aroused him. His glowing intensity of mind found an object for admiration in Lord Chatham, who was the idol of Grattan. The commanding powers of Chatham — his vast moral influence — his vivid, electrical eloquence — all these combined with his brilliant deportment to fascinate the young Irishman, who became an habitual attendant at the Bar of the House of Lords. Sorrow for the death of a sister whom he passionately loved, drove him from London, and in conjunction with his friend, Robert Day, he took a house in Windsor Forest. Here he led a desultory life, more congenial with the un- settled reverie of a poetical mind, than with the hard ambition of a politician. His ways it must be admitted were rather eccentric. The common part of man- kind would have believed him out of his senses. He spent whole nights rambling about the forest ; and delighted to lose himself in the thickest plan- tations. The scenery had all the charms of poetical association, besides its own natural beauties, to engage the cultivated mind and impassioned nature of young Grattan. He seems to have intensely enjoyed the liberty of wandering by himself through the forest on the moonlight nights; now startling a herd of' deer from their bed of fern, or anon losing himself in some shadowy thicket. During these poetical rambles, his mind we may be well assured was not idle, and the habit of indulging in poetical sensations may be said to have coloured his whole existence. If he had in those days bravely relied upon nature and given us his own sympathy with her charms, the world might have had some fine poetry. But the moment he came to write verse, he only could see with the eyes of " Mr. Pope". With an impetuous temperament and ardent imagi- nation, he chose for his model a poet, whose style, admirably suited for a mind of keen social perception, was little suited for the rapturous expression of exquisite emotion. Instead of choosing a model congenial with his own mind, he selected one adapted for a totally different nature, and soon became disgusted with his attempts. He says of the productions of his muse — "that they are the efforts of her mind rather than the nature of it". But in truth, the greatest poetical genius has often been destroyed by the adoption of uncongenial models. Dryden would not be remembered by posterity, if he had continued to write HENRY GRATTAN. rhyming tragedies on the French models ; and would Walter Scott ever have been known, if, instead of pouring forth his inspiration in the picturesque form of the aucient ballad, he had written upon a severely dramatic model ? During his occasional residence in London, Grattan's mind was a good deal unsettled. He did not appear to enter into sympathy with the social character of the metropolis. Although very far from being a "puritan" in his habits, he was (unlike most Irishman) not given to conviviality. His existence was com- paratively isolated ; nor did he show any decided inclination to mingle with much company. In those times, society was more open to strangers than it is at present. Clubs were not established, and the men of letters — the actors — the gay and clever loungers upon town — were all to be met with at the fashionable taverns. The Grecian Coffee-house was at that time the favourite lounge for young Irishmen. But though Grattan occasionally visited it, he was not one of its habitual frequenters. He had an early rencontre there with the odious Duigenan. That person, on hi3 first introduction to young Giattan, . like a mean varlet thought that senility would ingratiate him with his new acquaintance. It so chanced that Recorder Grattan and the celebrated Doctor Lucas were political foes ; and accordingly the sycophant Duigenan launched into vituperation of Lucas. But Grattan, to Duigenan's surprise, espoused the cause of the popular champion with considerable warmth. High words ensued, and Robert Day was apprehensive of a quarrel on the spot. In the evening Grattan again repaired to the Grecian with a long sword by his side ; but Duigenan did not appear, though he wrote a comic poem on Grattan's droll appearance upon that occasion. Of Grattan's habit of declaiming to himself numerous stories are presented. His landlady in London wrote to his friends requesting that he should be removed, as he was always pacing her garden, addressing some person whom he called "Mr. Speaker", and she was in doubt of the sanity of her lodger! Judge Day records an anecdote of Grattan's having in one of his moonlight rambles in Windsor Forest, stopped at a gibbet, whose chains he apostrophized in his usual animated strain. He was suddenly tapped upon his shoulder, by a very prosaic personage, who inquired, " How the Devil did you get down?" In 1768, Grattan's eldest sister was married to Mr. Genase Parker Bushe, and a very brilliant circle of society was thereby opened to the young Templar. The county of Kilkenny was then inhabited by a very gay and spirited gentry, characterized not merely by their love of sport, but of refined and elegant plea- sures. Private theatricals were maintained amongst them with considerable spirit, and foremost in that joyous company was Henry Flood, with whom Grattan then for the first time made acquaintance. For the next four or five years of his life he led a very gay existence, and was a member of the most brilliant circles of Irish society. He was naturally, like all Irishmen, very fond of the theatre, and he took a prominent part in the private theatricals of those days. He does not seem to have been well adapted tor histrionic excellence. His manner was abrupt and violent; his nature sed resolutions, and addressed the Volunteers of Leinster, Mnnster and Connanght, and cxh^rtc 1 tiiem to demand those rights, deprived of which u the forms of a free govern- XXX MEMOIR OP ment would be a curse, and existence cease to be a blessing". Thus called upon, the Volunteers of Ireland responded, and one hundred and sixty delegates from all parts of Ireland assembled at the Rotundo. They marched to the Convention through ranks of Volunteers, who lined the streets, with arms pre- sented, and standards flying. Persons of the greatest social weight, and of the most distinguished public character, adorned their assembly. It comprised, amongst others, the Earl of Charlemont, Mr. Flood, Lord Farnham, Mr. Ogle, Mr. Stewart of Killymoon, Mr. Edgeworth, Mr. Bagnall, and Sir Edward Newenham. Lord Charlemont himself has vouched for the constitution of the Convention. " It presented", he says, " a numerous and truly respectable body of gentlemen. For though some of the lower class had been delegated, by far the majority were men of rank and fortune, and many of them Members of Parliament, both Lords and Commoners". Of the public feeling entertained towards it, his Lordship adds, " Though I never cordially approved of the meet- ing, yet as 1 found it impossible to withstand the general impulse towards it , I did not choose to exert myself against it". In such a state of aflairs, there was great anxiety to know what Grattan would do. The Ministers of England, and the Protestant Reformers of Ireland, looked for his decision with equal anxiety. It was a critical moment, not less important than that when he cried, " no time ! no time !" Mr. Fox was in- tensely excited by the occasion. He saw what the Irish might achieve, and felt the greatest interest upon the whole question of Irish Parliamentary Reform. " I want words to express to you how critical?, he wrote to the Lord-lieutenant (Northington) "in the genuine sense of the word, I conceive the present moment to be ; if the Volunteers will not dissolve in a reasonable time, government, and even the name of it, must be at an end". Again he wrote to his friend General Burgoyne: " If Grattan, or any others, feel any difficulty in treating the Vo- lunteers in this tone (that is, not to consider the request of persons assembled with arms), from the use they formerly made of them, I must say, their feelings are not only different from mine, but are diametrically opposite. Those who have used dangerous weapons for good purpose, are most bound to take care, when the object is attained, that no bad use is made of those weapons". The whole question was, whether "the object" had been attained? In a technical sense, the Irish national liberty had been procured, but the real ques- tion was, whether it was secure in the hands of a virtually irresponsible Parlia- ment? Mr. Fox evidently believed that it was possible to govern Ireland by influencing its Parliament ; and he thought, if the Irish House of Commons were reformed, that the English Government would have no power over it. Upon the other hand, several Irish politicians thought that Irish liberty was not secure, unless the Parliament was made virtually responsible. Grattan on this most important occasion did nothing. He did not become a member of the Convention — nor did he support the government. When Mr. Flood, having carried a plan of Reform through the Convention, brought forward his measure in the House of Commons, Grattan voted in its favour (without committing himself to Flood's scheme) ; but, at the same time, Lord Northington wrote to Fox, "Grattan voted against us, and spoke ; but his speech evidently showed that he meant us no harm". In short, he elaborately acted the part of a mere neutral. His conduct has been frequently censured in relation to this important ques- tion. It has been ingeniously defended by his son, Mr. Henry Grattan, who has shown a most graceful and filial regard for his illustrious father's memory. But even Mr. II Grattan is compelled to admit — " It cannot be denied that the Volunteers had an argument. The Parliament of Ireland was a borough Parliament ; and it was the Volunteers alone who roused the spirit of that body and forced it to act, and when they had accomplished their purpose they could HENRY GRATTAN. XX? i not be certain that Parliament would not relapse, and wndo all that bad been already done" — Grattan's Life, vol. III. p. 155. So formidable and powerful were the Volunteers that Government had re- course to every means of weakening them. " Divide et impera", was the policy acted on by Lord Northington in relation to the Convention. " Our next step", he wrote to Fox, " was to try, by means of our friends in the assembly, to perplex its proceedings, and to create confusion in its deliberations". And again, " Another desirable step was to involve them, if possible, with the House of Commons". Thus the English ministers clearly saw how very formidable was the Con- vention. Fox's anxiety about Grattan's conduct sufficiently attests the amount of moral power which the latter could, at that time, biing to bear. Fcr G rattan might have carried everything before him in the Convention, which was wretchedly in want of leaders. The men of property who belonged to it were not vers* earnest in their wishes for Reform ; and there were several secret enemies to the popular party amongst its ranks. For want of controlling power — in short, for want of a judicious and vigorous leader — the Convention fell to pieces ; its members quarrelled ; the whole body became distracted ; it ran foul of Parliament : those who had promised to guide it, took fright at the velocity of its progress, and abandoning their stations, left the Convention to dash itself to pieces. From that time the moral power of the Irish Volunteers was at an end. And it is remarkable that with the fall of the Volunteers terminated Henry Grattan's direct influence over Irish affairs. He ceased from that time to sway events, and wield political power. He had obtained the independence of the Irish Parliament ; in doing so he had displayed not only splendid talents, but great moral courage. So also, when Flood sought to blast his character and tarnish his glory, Grattan showed much resolution, courage, and self-reliance. He was right in all the thorny discussions of u Simple Repeal". But he was wrong on the question of the Convention for Reform. He was morally bound by his position to take some side or other. For Charles Fox justly said " the real crisis " of the Irish Revolution arrived, when it was proposed to reform the Irish House of Commons. The experiment of Irish legislative freedom was virtually at stake — the necessity for Reform was admitted — Grattan himself voted for it. The Parliament was notoriously venal ; of three hundred members of the House of Commons, fully two-thirds were the nominees of about a hundred persons. Grattan had right views upon Reform, but he took no steps for making those views prevalent in Irish politics. After the Volunteers were gone, he took up the question of Parliamentary Reform, and he saw all its important relations to the permanence of Irish Parliamentary Independence. But he was too late ; the minister had bought up the House of Commons, and Grattan, after the Volunteers were dissolved, was always admired, but never obeyed in Irish politics. He kept his genius, eloquence, and speculation — he lost his political power. Grattan has been harshly censured for his inaction in Volunteer Reform. But though it is right to point out the error, it is very wrong to blame him as culpable. He believed that the aristocracy of Ireland were more patriotic than they really were. He committed the glorious mistake of a noble and lofty nature — that of believing the rest of mankind as pure, as unselfish, as enthusiastic as himself. He thought that Irish gentlemen would have the same sense of national honour as he himself possessed, and he was deceived. He thought that he could- enforce his views on Reform, without employing the questionable authority of a domestic army employed for i?tternal changes in his country. Besides, he considered, not unreasonably, that the Whig party in England would have lasted. He did not foresee (who could ?) all the results of the coalition of Fox and Lord North. He did not foresee (who could?) the quarrel between xxxii MEMOIR OF Fox and Burke — the dissolution of the great Whig party by the fearful progress of the French Revolution. He did not foresee (who could?) the abandonment by William Pitt of all his early Reform principles. He did not foresee (who could ?) that the youthful Whig would become the most formidable Tory Statesman that England ever produced. Grattan wanted no moral foresight in politics. It is only those shallow persons, who judge by the event, who blame him for not having been more democratic. If any one doubt his foresight, let him read the following prophecy (for such it is), delivered in 1790 (February 11). Addressing the Irish Parliament, he said : " The country is placed in a sort of interval between the ceasing of a system of oppression, and the formation of one of corruption. Go on for ten or twelve years as you have done for the last five ; increase in the same proportion your number of Parliamentary places ; get every five years new taxes, and apply them as you have done, and then the Minister will find that he has impaired the trade and agriculture, as well as destroyed the virtue and freedom of the country". Again, on the same occasion, his words were full of warning : — " There is no object which a course of corrupt government will not ruin — morality, constitu- tion, commerce, manufactures, agriculture, industry. A corrupt minister issues forth from his cabinet like sin and death, and Senates first wither tinder his footstep ; then he consumes the treasury, and then he corrupts the capital, and the different forms of constitutional life, and the moral system, and at last the whole isle is involved in one capacious curse from shore to shore, from the nadir to the zenith". The charge to which he is really obnoxious characterised all his life. He was too much of a neutral. But the distracted state of his country is sufficient to account for his occasional inaction. It is certain, however, that throughout all his life, both before and after the Union, he was placed between two cross fires. I cannot help thinking that there were three or four occasions when he might have accepted office with real advantage to the best interests of his country. But in offering any criticism on Grattan's mistakes, let us remember that we are judging after the event. It has been foolishly said that Ireland wanted a soldier-statesman in 1782. But such a man could never have created and in- spired the feelings, which the original and poetical mind of Grattan first intro- duced amongst the English colonists and planters in Ireland. There are flippant critics who blame Grattan for not having done everything for his country. The truth is, that his views were immeasurably above his country and his age. The public could not follow him. For it was his peculiarity in politics to have a zeal for social and national progress, perfectly free from all that was anarchical and disorderly. Thus to enumerate the facts of his early life — I. He introduced into Irish politics an element of lofty moral enthusiasm, which sprung from his own mind and character. II. He raised provincial squabbles into national passions ; and, distancing the Floods and Dalys, he snatched Irish Legislative Indepen- dence from England. III. His power fell from the internal dissensions of the island : he could not persuade the Protestants to emancipate the Catholics ; he could not prevent the rise of the United Irishmen, nor save the Irish Democracy from the infection of Jacobinical principles ; and, on the other hand, he could not retain the Irish Aristocracy in that love of country which they had exhibi- ted in 1782. IV. Without influence or power he was a spectator of the Union. He was compelled to look on, while Mr. Pitt and Lord Castlereagh extinguished the Parliament of Ireland. Thus, as a man of action, his career virtually ter- minated with the fall of the Volunteers. If in 1784, he had joined the popular party, he might have moderated its tone and rationalized its opinions ; or, upon the other hand, if he had accepted office when tendered him, he might have wielded much influence, and gradually raised a patriotic and governmental HENRY G RATTAN. xxx iii party. In either case he would have clothed himself with that power which was denied to him in his isolated position. I pass on to make some general remarks on his public character. Whatever difference of opinion there may be as to the nature of his powers, it is admitted, upon all sides, that Henry Grattan must be classed in the first rank of those famous persons who, partly by extraordinary eloquence, and partly by capacity for affairs, have been the real governors of these islands, from the Revolution of 1688 down to the present time. And not one of all that celebrated band, from Bolingbroke to Canning, was more eminently original both in character and genius. The boldness and grandeur of his imagery ; the flight of his imagination, as well as the gorgeous richness of his language, attest the vigour as well as the beauty of his mind. The mere critic may note many blemishes of style throughout his speeches : he may often be justly displeased with incongruous metaphors — with vehemence tending to the bombastic — and with an excessive use of epigram and antithesis. But, admitting that his speeches contain faults, which are interwoven with their beauties, enough of ex- cellence will remain to win the admirers of intellect and genius. " His elo- quence", said a distinguished living poet, lt was a combination of cloud, whirl- wind, and flame" — a striking description of the partial obscurity, but startling energy and splendour of his style. Of all the great parliamentary orators, whose speeches have been preserved, those of Grattan are most worthy of perusal by the reflective and the studious. He may have been surpassed in parliamentary eloquence by some, and in political philosophy by others of his contemporaries ; but none of them, like Grattan, addressed at the same time two distinct classes of persons — namely, the audience before him, and a certain higher tribunal of the thoughtful few, whom he always kept before his mind's eye. The speeches of Pitt and Sheridan read in the study as so much rhetoric : Fox's orations are the massive remains of a wonderful debater : the purpose of the hour — the interests of his party — occupy too large a space in all his speeches, which, after all, were " made to be spoken, and not to be read". Burke had two distinct styles — one grave and didactic, as in his American speeches (which are spoken essays), when he wearied his hearers, though he delighted his readers. In the other style he was diffuse, and essen- tially rhetorical. But Grattan blended two styles into one, and dazzled those who listened to him, while he spoke so as to instruct even posterity. He was never surpassed for the union of philosophical principles and oratorical energy. "No orator of his age is his equal", says a great authority on eloquence (Lord Brougham), " in the easy and copious flow of most profound, sagacious, and liberal principles, enunciated in terse and striking, but most appropriate language". Thus it may be said with truth, that the speeches of Grattan are a valuable contribution to political philosophy, well meriting the best attention of the statesman, the historian, and the philosopher. The thinking power, to be found in all his speeches, combined with his vivid imagery, his singular mastery over rhythm, and the impassioned spirit pervading them, form their distinctive characteristics. The " Esprit des Lois" does not more differ from all other treatises of politics, than the speeches of Grattan from those of other orators. For it is only in manner that they resemble the fragments of Chatham. There is more of philosophy and moral thoughtfulness — more of the inquiring spirit of the eighteenth century, in the eloquence of Grattan. There never was such an union of the orator and sage. But, enough of his eloquence ; and in Ireland we have placed preposterous value upon mere oratory, which, after all, is valuable only as an instrument. There was a mind in Grattan, a moral power far more valuable than the vaunted art of the public speaker. In addition to a wonderful imagination, nature had given him a strong and clear understanding, which he vigorously exercised on xxxiv MEMOIR OP most ofthe great questions in morals and politics. He read the best and deepest authors on political science with interest, and pondered much upon their prin- ciples. This habit he carried too far for a man of action ; he became somewhat too professional and didactic in his public life ; and he occasionally fell short of the wants of the age, by refusing to be an energetic leader, and assuming the part of an impassioned essayist. The idle caviller may say that much of what he obtained for his country, has reverted to the English empire. It may be said that after all he did not save his country (as if any one man could put to rights such a country as Ireland !). It may be asked, what did he actually do for Ireland, that we should revere his character and venerate his name? He was the first Irishman who ministered intellectually to the national character of his country. There were plenty of Irishmen like the Desmond, the O'Neills, and Sarsfield, who vindicated the valour and hardihood of the Irish race. So also there were many Irish patriots before Grattan. But Swift, though he had both Irish humour and Irish purposes, was essentially an English author. So also Flood was an Englishman in his style and character. But Henry Grattan invented an eloquence to which the moral temperament of his country responded. His speeches are as much in conformity with its genius and its mental characteristics, as the pensive and wildly beautiful, yet alternately gay and exciting, music of the island. You may trace in his eloquence the vivid nature, the eager mind, the cordial sj^mpathy, and aspiring soul of the Irishman. In short, Grattan was the first powerful assertor, as he is certainly the most splendid illustrator, of Irish genius. He was the first Irishman who treated of Irish politics on a grand scale, tvith breadth of view and liberal judgment. In an age of Protestant prejudice, he bravely unfurled the standard of religious liberty. When he pleaded for the Catholic there was no popularity to be gained by such a course. On the contrary, he injured his influence by his adoption of the Catholic cause. He not merely was content, like certain statesmen, to have his views in favour of the Catholics made known : he laboured also by his pen, his tongue, by personal exertion, and by political sacrifices of power and popularity, to have those views prevail over the public mind. There may have been those who loved the Protestant nation of Ireland, and who served it more zealously than Grattan. So also there may have been patriots who loved the Catholics and " lower nation " of Ireland more enthusi- astically : but never surely did any Irishman, before or since, love both nations with so much affection. Never did any Irishman toil with such ardour for the best and most enduring interests of both ; for though he boldly defended the interests of property against revolution and anarchy, he vindicated also the liberties of the Catholic against the sordid pride and selfishness of an un- generous oligarchy. His patriotism made no unhappy distinctions between religious creeds or hereditary races. He wished for the happiness of all Irish- men. He was free from the Protestant prejudices of Flood, and opposed to the sanguinary principles of Tone. In the annals of a land so torn with discord, it is perfectly delightful to meet (as we do in Grattan's speeches) with the unmistakable evidence of there having been once a man in Ireland who could take large views of his countrymen, and who, while cordially preserving his enthusiasm for his native soil, would not allow himself to be the mere creature Of either party. He showed that though he was intensely Irish, he was not merely insular. He was not only a national patriot — he ivas also a herald of civilization. While he retained the charm of local colour in his character, he was also much of the enlightened cosmopolite. He cherished large and inspiring views of life : his mind, in its philosophical excursions, was not manacled by a wretched HENRY GRATTAN. XXXV faith in formula : he believed in a moral progress of the human race, and possessed a strong sympathy with mankind. Thus he deserved not only the affections of Ireland, but the regard of civilized Europe. It was well observ ed by Sir James Mackintosh in the House of Commons : " When the illustrious dead are gathered in one tomb, all national distinctions fade away ; and, not even the illustrious names of Burke and Wellington were more certainly historical, or more sure to be remembered by posterity, than that of Grattan ". More than any Irish patriot of his age, Grattan was cautious as to the means he employed. It was not enough to have glorious ends — he strenuously insisted, throughout his life, on the necessity of worthy means. His moral character stands out in prominent relief amidst the venality and selfishness of his contemporaries. " I never knew a man ", said Wilberforce (talking of Grattan), " whose patriotism and love for his country seemed completely to ex- tinguish all private interests, and to induce ifcin to look invariably and exclu- sively to the public good ". It is curious to note what vicissitudes were in his popularity. He was idolized by the people at the era of Free Trade and Independence ; — he was cashiered by them within a few months on the question of Simple Repeal. He was denounced by the authorities as an enemy to his country in 1798— in two years afterwards, on the Union question, he was exalted as the most strenuous champion of Irish liberty. When he voted for the Insurrection Act, and advocated strong measures against anarchists and praedial disturbers, he was traduced as the deserter of the civil liberties of his countrymen. Upon the question of the Veto, he was dismissed as the betrayer of the civil liberties of the Catholics; but in 1818 he was elected for the city of Dublin by the general consent of the people, when, strange to say, he was nearly stoned to death in his native city ! On this last occasion, a scene took place in which he revealed all his personal character. It is well worthy of notice. After the election had terminated, the members, according to usage, were chaired. Because he had been favourable to the Insurrection Act, and because, in some comparatively unimportant particulars, his conduct had not satisfied the ultra-popular party, it was determined to assail Grattan, and fling him into the Liffey. A plot, which happily was defeated, was formed against the venerable patriot. After passing Carlisle Bridge, a base and execrable gang assailed him with ferocity. His friends around him were greatly alarmed ; but, though Grattan was stricken in years and shattered in his constitution, he displayed his charac- teristic personal courage. One of the wretches was but too successful, and succeeded in giving him a fearful blow, which cut open the old man's face. He jumped up from the chair, caught the missile which had fallen at his feet, and fiercely looking defiance, hurled it back, with his failing strength, in the direction of the dastards whence it came. " Never — never (it has been said by one who saw the scene) did he appear to such advantage Yes ! he did — he appeared to much greater advantage afterwards. For though it was a fine and exciting thing to see the old man displaying the high spirit of his youth, it was far finer to witness his calm and serene deportment afterwards. Efforts were made to exasperate him against the popular party. All the public bodies of Dublin crowded round him, and tendered him their respects. He 6aw the use to which the incident would be turned by the evil-minded, and, true to the leading principles of his life, never to criminate his country, what- ever he might suffer from its momentary injustice, he thus replied to the public address of Dublin, in the following most beautiful and touching words : — "My Friends and Fellow-Citizens, — A few individuals — a sudden and inexplicable impulse - a momentary infatuation — anything — everything — might account for that violence of which you complain. It is not worth your xxxvi MEMOIR OF HENRY G RATTAN. investigation. My friends and electors have nothing to say to it. I receive the unanimous expression of congratulation from my fellow-citizens, not as a congratulation for such a trifle as that, but as an inestimable testimony, which I shall endeavour to merit and ever preserve. " I remain, gratefully, your faithful humble Servant, " HENRY GRATTAN". Thus, after having passed through a stormy age, and having experienced all the vicissitudes of public life, his brave and manly nature remained tender and genial to the last. He died in the public service. Though warned by his me- dical attendants of the consequences, he insisted upon going to London to pre- sent the Catholic Petition. Exhausted by the journey, he expired there. The best and noblest spirits in England gathered round his sons, and entreated that his remains should lie where Fox and Chatham are interred. His grave is hi Westminster Abbey. ^ Reader ! if you be an Irish Protestant, and entertain harsh prejudices against your Catholic countrymen — study the works and life of Grattan — learn from him, for none can teach you better, how to purify your nature from bigotry. Learn from him to look upon all your countrymen with a loving heart — to be tolerant of infirmities, caused by their unhappy history — and, like Grattan, earnestly sympathise with all that is brave and generous in their character. Reader ! if you be an Irish Catholic, and that you confound the Protestant religion with tyranny — learn from Grattan, that it is possible to be a Protestant, and have a heart for Ireland and its people. Think that the brightest age of Ireland was when Grattan — a steady Protestant — raised it to proud eminence ; think also that in the hour of his triumph, he did not forget the state of your oppressed fathers, but laboured through his virtuous life, that both you and your children should enjoy unshackled liberty of conscience. But, reader ! whether you be a Protestant or Catholic, and whatever be your party, you will do well as an Irishman to ponder upon the spirit and principles which governed the public and private life of Grattan. Learn from him how to regard your countrymen of all denominations. Observe, as he did, how very much that is excellent belongs to both the great parties into which Ireland is divided. If (as some do) you entertain dispiriting views of Ireland, recollect that any country, containing such elements as those which roused the genius of Grattan, never need despair. Sursum corda. Be not disheartened. Go — go — my countrymen — and, within your social sphere, carry into prac- tice those moral principles which Grattan so eloquently taught, and which he so remarkably enforced by his well-spent life. He will teach you to avoid hating men on account of their religious professions or hereditary descent. From him you will learn principles which, if carried out, would generate a new state of society in Ireland. For it is not from the senate, as some, or from the battle- field, as others, will tell you, that the regeneration of Ireland can arise. It must begin at home in our social life. It must spring from the domestic circle — from social affections expanded — from enmities disregarded — from views ex- alted beyond petty sectarianism — in short, from Irishmen consenting to live and work together, and using, for their public purposes, none but humane and civi- lizing means. Go, then, and imitate the noble example of our Grattan, for though to none shall it be given to obtain his genius, to copy his noble spirit is within the power of all. Let that spirit spread through society, and our lovely island will become, like the fame of our venerated countryman, not only a source of just national pride to ourselves, but an object of interest and respect to all mankind. THE SELECT SPEECHES OF THE RIGHT HONOURABLE HENRY GRATTAN. DECLARATION OF IRISH RIGHTS. April 19, 1780. On this day came on the most important subject that ever had been discussed in the Irish Parliament, — the question of independence — the recovery of that legislative power, of which, for centuries, Ireland had been so unjustly deprived. Her right to make laws for herself was first affected by the act of the 10th of Henry the Seventh, in a parliament, held at Drogheda, before the then Deputy, Sir Edward Poynings. It was there enacted that no parliament should be holden in Ireland, until the Lord-lieutenant and Privy Council should certify to the King, under the great seal of Ireland, the causes, considerations, and acts that were to pass; that the same should be affirmed by the King and council in England, and his license to summon a parliament be obtained under the great seal of England. This was further explained by the 3d and 4th of Philip and Mary, whereby any change or alteration in the form or tenor of such acts to be passed after they were returned from England, was prohibited. Thus, by these laws the English privy council got the power to alter or suppress, and the Irish parliament were deprived of the power to originate, alter, or amend. By these acts were the legislative rights of Ireland invaded: her judicial rights, however, remained untouched, till, in 1688, a petition and appeal was lodged with the House of Lords of England, from the English society of the new plantation of Ulster, complaining of the Irish House of Lords, who had decided in a case between them and the Bishop of Derry. Upon this the English House of Lords passed an order declaring, that this appeal was coram non judice. To this order fourteen reasons and answers were written by the celebrated Molyneux, and the appeal gave rise to his famous work, entitled " The Case of Ireland", which excited the hostility of the English House of Commons, and was burned by the hands of the common hangman! The Irish House of Lords then asserted their rights, passed resolutions, and protested against the English pro- 3 38 DECLARATION OF IRISH RIGHTS. ceedings; thus matters remained until 1703, when came on the case of the Earl and Countess of Meath against the Lord Ward, who were dispossessed of their lands by a pretended order of the House of Lords in England, on which the Irish House of Peers adopted the former resolutions, asserting their rights, and restored possession to the Earl and Countess. In 1703, the appeal of Maurice Annesley was entertained in England, and the decree of the Irish House of Lords was reversed ; and the English House of Lords had recourse to the authority of the Barons of the Exchequer in Ireland to enforce their order ; the Sheriff refused obedience; the Irish House of Lords protected the Sheriff, and agreed to a repre- sentation to the King on the subject. This produced the arbitrary act of the 6th of George the First, which declared, that Ireland was a subordinate and dependent kingdom; that the King, Lords, and Commons of England had power to make laws to bind Ireland ; that the House of Lords of Ireland had no juris- diction, and that all proceedings before that Court were void. Under this act, and to such injustice, the Irish nation were compelled to submit, until the spirit of the precent day arose, and that commanding power which the armed volun- teers gave to the country, encouraged the people to rise unanimously against this usurped and tyrannical authority. The efforts of the nation to obtain a free trade , the compliance of the British Parliament with that claim , the British act passed in consequence thereof, which allowed the trade between Ireland and the British colonies and plantations in America and the West Indies, and the British settlements on the coast of Africa ; had raised the hopes of the Irish people. The resolutions and proceedings of the volunteers, and the answers to their addresses by the patriotic members, had still further roused the people to a sense of their rights and their condition, and the hour was approaching which was to witness the restoration of their liberty. Mr. Grattan had, on a preceding day, given notice that he would bring forward a measure regarding the rights of Ire- land ; and in pursuance of that notice he rose and spoke as follows : Sir, I have entreated an attendance on this day, that you might, in the most public manner, deny the claim of the British Parliament to make law for Ireland, and with one voice lift up your hands against it. If I had lived when the 9th of William took away the woollen ma- nufacture, or when the 6th of George the First declared this country to be dependent, and subject to laws to be enacted by the Parliament of England, I should have made a covenant with my own conscience to seize the first moment of rescuing my country from the ignominy of such acts of power; or, if I had a son, I should have administered to him an oath that he would consider himself a person separate and set apart for the discharge of so important a duty ; upon the same principle am I now come to move a declaration of right, the first mo- ment occurring, since my time, in which such a declaration could be made with any chance of success, and without aggravation of oppression. Sir, it must appear to every person, that, notwithstanding the im- port of sugar and export of woollens, the people of this country are not satisfied — something remains ; the greater work is behind ; the DECLARATION OF IRISH RIGHTS. 39 public heart is not well at ease. To promulgate our satisfaction ; to stop the throats of millions with the votes of Parliament; to preach homilies to the volunteers ; to utter invectives against the people, under pretence of affectionate advice, is an attempt, weak, suspi- cious, and inflammatory. * You cannot dictate to those whose sense you are entrusted to re- present ; your ancestors, who sat within these walls, lost to Ireland trade and liberty ; you, by the assistance of the people, have reco- vered trade, you still owe the kingdom liberty ; she calls upon you to restore it. The ground of public discontent seems to be, " we have gotten commerce, but not freedom": the same power which took away the export of woollens and the export of glass, may take them away again ; the repeal is partial, and the ground of repeal is upon a , principle of expediency. Sir, expedient is a word of appropriated and tyrannical import ; expedient is an ill-omened word, selected to express the reservation of authority, while the exercise is mitigated ; expedient is the ill- omened expression of the Repeal of the American stamp-act. Eng- land thought it expedient to repeal that law ; happy had it been for mankind, if, when she withdrew the exercise, she had not reserved the right ! To that reservation she owes the loss of her American empire, at the expense of millions, and America the seeking of liberty through a sea of bloodshed. The repeal of the woollen act, similarly circumstanced, pointed against the principle of our liberty, present relaxation, but tyranny in reserve, may be a subject for illumination to a populace, or a pretence for apostacy to a courtier, but cannot be the subject of settled satisfaction to a freeborn, an intelligent, and an injured community. It is therefore they consider the free trade as a trade de facto, not de jure, a license to trade undei the Parliament of England, not a free trade under the charters of Ireland, as a tri- bute to her strength; to maintain which, she must continue in a state of armed preparation, dreading the approach of a general peace, and attributing all she holds dear to the calamitous condition of the British interest in every quarter of the globe. This dissatisfaction, founded upon a consideration of the liberty we have lost, is increased when they consider the opportunity they are losing; for if this nation, after the death-wound given to her freedom, had fallen on her knees in anguish, and besought the Almighty to frame an occasion in which a weak and injured people might recover their rights, prayer could not have asked, nor God have furnished, a moment more opportune for the restoration of liberty, than this, in which I have the honour to address you 40 DECLARATION OF IRISH RIGHTS. England now smarts under the lesson of the American war; the doctrine of Imperial legislature she feels to be pernicious ; the reve- nues and monopolies annexed to it she has found to be untenable; she lost the power to enforce it ; her enemies are a host, pouring upon her from all quarters of the Earth ; her armies are dispersed ; the sea is not hers; she has no minister, no ally, no admiral, none in whom she long confides, and no general whom she has not disgraced ; the balance of her fate is in the hands of Ireland ; you are not only her last connection, you are the only nation in Europe that is not her enemy. Besides, there does, of late, a certain damp and spurious supineness overcast her arms and councils, miraculous as that vigour which has lately inspirited yours; — for with you everything is the reverse ; never was there a parliament in Ireland so possessed of the confidence of the people ; you are the greatest political assembly now sitting in the world; you are at the head of an immense army; nor do we only possess an unconquerable force, but a certain unquench- able public fire, which has touched all ranks of men like a visitation. Turn to the growth and spring of your country, and behold and admire it ; where do you find a nation who, upon whatever concerns the rights of mankind, expresses herself with more truth or force, perspicuity or justice ? not the set phrase of scholastic men, not the tame unreality of court addresses, not the vulgar raving of a rabble, but the genuine speech of liberty, and the unsophisticated oratory of a free nation. See her military ardour, expressed not only in 40,000 men, con- ducted by instinct as they were raised by inspiration, but manifested in the zeal and promptitude of every young member of the growing community. Let corruption tremble; let the enemy, foreign or do- mestic, tremble; but let the friends of liberty rejoice at these means of safety and this hour of redemption. Yes ; there does exist an en- lightened sense of rights, a young appetite for freedom, a solid strength, and a rapid fire, which not only put a declaration of right within your power, but put it out of your power to decline one. Eighteen counties are at your bar ; they stand there with the compact of Henry, with the charter of John, and with all the passions of the people. u Our lives are at your service, but our liberties — we received them from God; we will not resign them to man". Speaking to you thus, if you repulse these petitioners, you abdicate the privileges of Parliament, forfeit the rights of the kingdom, repudiate the instruc- tion of your constituents, bilge the sense of your country, palsy thev enthusiasm of the people, and reject that good which not a minister, not a Lord North, not a Lord Buckinghamshire, not a Lord Hillsbo- DECLARATION OP IRISH RIGHTS. 41 rough, but a certain providential conjuncture, or rather the hand of God, seems to extend to you. I Nor are we only prompted to this when we consider our strength ; we are challenged to it when we look to Great Britain. The people of that country are now waiting to hear the Parliament of Ireland speak on the subject of their liberty : it begins to be made a question in England whether the principal persons wish to be free : it was the delicacy of former parliaments to be silent on the subject of commercial restrictions, lest they should show a knowledge of the fact, and not a sense of the violation ; you have spoken out, you have shown a knowledge of the fact, and not a sense of the violation. On the contrary, you have returned thanks for a partial repeal made on a principle of power ; you have returned thanks as for a favour, and your exultation has brought your char- ters as well as your spirit into question, and tends to shake to her foundation your title to liberty : thus you do not leave your rights where you found them. Yoli have done too much not to do more ; you have gone too far not to go on ; you have brought yourselves into that situation, in which you must silently abdicate the rights of your country, or publicly restore them. It is very true you may feed your manufacturers, and landed gentlemen may get their rents, and you may export woollen, and may load a vessel with baize, serges, and kerseys, and you may bring back again directly from the plan- tations, sugar, indigo, speckle-wood, beetle-root, and panellas. But liberty, the foundation of trade, the charters of the land, the inde- pendency of Parliament, the securing, crowning, and the consumma- tion of everything, are yet to come. Without them the work is imperfect, the foundation is wanting, the capital is wanting, trade is not free, Ireland is a colony without the benefit of a charter, and you are a provincial synod without the privileges of a parliament, j I read Lord North's proposition ; I wish to be satisfied, but I am 'controlled by a paper, I will not call it a law, it is the sixth of George the First. [The paper was read.] I will ask the gentlemen of the long robe is this the law? I ask them whether it is not practice? 1 appeal to the judges of the land, whether they are not in a course of declaring that the Parliament of Great Britain, naming Ireland, binds her? I appeal to the magistrates of justice, whether they do not, from time to time, execute certain acts of the British Parliament? I ap- peal to the officers of the army, whether they do not fine, confine, and execute their fellow-subjects by virtue of the Mutiny Act, an act of the British Parliament; and I appeal to this House whether a couutry so circumstanced is free. Where is the freedom of trade? where is the security of property ? where is the liberty of the people ? I here, in 42 DECLARATION OF IRISH RIGHTS. this Declamatory Act, see my country proclaimed a slave! I see every man in this House enrolled a slave ! I see the judges of the realm, the oracles of the law, borne down by an unauthorized foreign power, by the authority of the British Parliament against the law ! I see the magistrates prostrate, and I see Parliament witness of these in- fringements, and silent (silent or employed to preach moderation to the people, whose liberties it will not restore) ! I therefore say, with the voice of 3,000,000 of people, that, notwithstanding the import of su- gar, beetle-wood, and panellas, and the export of woollens and ker- seys, nothing is safe, satisfactory, or honourable, nothing except a declaration of right. What! are you, with 3,000,000 of men at your back, with charters in one hand and arms in the other, afraid to say you are a free people ? Are you, the greatest House of Commons that ever sat in Ireland, that want but this one act to equal that Eng- lish House of Commons that passed the Petition of Eight, or that other that passed the Declaration of Right, are you afraid to tell that British Parliament you are a free people ? Are the cities and the instructing counties, who have breathed a spirit that would have done honour to old Rome when Rome did honour to mankind, are they to be free by connivance ? Are the military associations, those bodies whose origin, progress, and deportment have transcended, equalled at least, anything in modern or ancient story — is the vast line of northern army, are they to be free by connivance ? What man will settle among you ? Where is the use of the Naturalization Bill ? What man will settle among you ? who will leave a land of liberty and a settled government, for a kingdom controlled by the Parliament of another country, whose liberty is a thing by stealth, whose trade a j thing by permission, whose judges deny her charters, whose Parlia- ment leaves everything at random ; where the chance of freedom de- pends upon the hope, that the jury shall despise the judge stating a British act, or a rabble stop the magistrate executing it, rescue your abdicated privileges, and save the constitution by trampling on the government, by anarchy and confusion ? But I shall be told, that these are groundless jealousies, and that the principal cities, and more than one half of the counties of the kingdom, are misguided men, raising those groundless jealousies. Sir, let me become, on this occasion, the people's advocate, and your historian; the people of this country were possessed of a code of liberty similar to that of Great Britain, but lost it through the weak- ness of the kingdom and the pusillanimity of its leaders. Having lost our liberty by the usurpation of the British Parliament, no wonder we became a prey to her ministers ; and they did plunder us with all DECLARATION OF IRISH RIGHTS. 43 the hands of all the harpies, for a series of years, in every shape of power, terrifying onr people with the thnnder of Great Britain, and bribing onr leaders with the rapine of Ireland. The kingdom became a plantation, her Parliament, deprived of its privileges, fell into con- tempt ; and, with the legislature, the law, the spirit of liberty, with her forms, vanished. If a war broke ont, as in 1778, and an occasion occurred to restore liberty and restrain rapine, Parliament declined the opportunity ; but, with an active servility and trembling loyalty, gave and granted, without regard to the treasure we had left, or the rights we had lost. If a partial reparation was made upon a principle of expediency, Parliament did not receive it with the tranquil dignity of an august assembly, but with the alacrity of slaves. 2 The principal individuals, possessed of great property but no inde- pendency, corrupted by their extravagance, or enslaved by their following a species of English factor against an Irish people, more afraid of the people of Ireland than the tyranny of England, proceeded to that excess, that they opposed every proposition to lessen profusion, extend trade, or promote liberty; they did more, they supported a measure which, at one blow, put an end to all trade ; they did more, they brought yon to a condition which they themselves did unani- mously acknowledge a state of impending ruin ; they did this, talking as they are now talking, arguing against trade as they now argue against liberty, threatening the people of Ireland with the power of the British nation, and imploring them to rest satisfied with the ruins of their trade, as they now implore them to remain satisfied with the wreck of their constitution. : The people thus admonished, starving in a land of plenty, the victim of two Parliaments, of one that stopped their trade, the other that fed on their constitution, inhabiting a country where industry was forbid, or towns swarming with begging manufacturers, and be- ing obliged to take into their own hands that part of government which consists in protecting the subject, had recourse to two measures, which, in their origin, progress, and consequence, are the most extra- ordinary to be found in any age or in any country, viz. a commercial and a military association. The consequence of these measures was instant ; the enemy that hung on your shores departed, the Parliament asked for a free trade, and the British nation granted the trade, but withheld the freedom. The people of Ireland are, therefore, not sa- tisfied; they ask for a constitution; they have the authority of the wisest men in this House for what they now demand. What have these walls, for this last century, resounded ? The usurpation of the British Parliament, and the interference of the privy council. Have 44 DECLARATION OF IRISH RIGHTS. we taught the people to complain, and do we now condemn their in- satiability, because they desire us to remove such grievances, at a time in which nothing can oppose them, except the very men by whom these grievances were acknowledged ? )Sir, we may hope to dazzle with illumination, and we may sicken with addresses, but the public imagination will never rest, nor will her heart be well at ease — never! so long as the Parliament of Eng- land exercises or claims a legislation over this country : so long as this shall be the case, that very free trade, otherwise a perpetual attachment, will be the cause of new discontent ; it will create a pride to feel the indignity of bondage; it will furnish a strength to bite your chain, and the liberty withheld will poison the good communicated. The British minister mistakes the Irish character : had he intended to make Ireland a slave, he should have kept her a beggar; there is no middle policy; win her heart by the restoration of her right, or cut off the nation's right hand ; greatly emancipate, or fundamentally destroy. We may talk plausibly to England, but so long as she ex- ercises a power to bind this country, so long are the nations in a state of war ; the claims of the one go against the liberty of the other, and the sentiments of the latter go to oppose those claims to the last drop of her bloocl. The English opposition, therefore, are right ; mere trade will not satisfy Ireland — they judge of us by other great na- tions, by the nation whose political life has been a struggle for liberty ; they judge of us with a true knowledge of, and just deference for, our character — that a country enlightened as Ireland, chartered as Ire- land, armed as Ireland, and injured as Ireland, will be satisfied with nothing less than liberty. I admire that public-spirited merchant (Alderman Horan), who spread consternation at the Custom-house, and, despising the example which great men afforded, determined to try the question, and ten- dered for entry what the British Parliament prohibits the subject to export, some articles of silk, and sought at his private risk the liberty of his country ; with him I am convinced it is necessary to agitate the question of right. In vain will you endeavour to keep it back, the passion is too natural, the sentiment is too irresistible; the ques- tion comes on of its own vitality— you must reinstate the laws. There is no objection to this resolution, except fears ; I have examined your fears ; I pronounce them to be frivolous. I might deny that the British nation was attached to the idea of binding Ireland ; I might deny that England was a tyrant at heart ; and I might call to witness the odium of North and the popularity of Chatham, her support of Holland, hev coutributions to Corsica, an4 DECLARATION OF IRISH RIGHTS. 40 the charters communicated to Ireland; but ministers have traduced England to debase Ireland ; and politicians, like priests, represent the power they serve as diabolical, to possess with superstitious fears the victim whom they design to plunder. If England is a tyrant, it is you have made her so: it is the slave that makes the tyrant, and then murmurs at the master whom he himself has constituted. I do allow, on the subject of commerce, England was jealous in the extreme, and I do say it was commercial jealousy, it was the spirit of monopoly (the woollen trade and the act of navigation had made her tenacious of a comprehensive legislative authority), and having now ceded that monopoly, there is nothing in the way of your liberty except your own corruption and pusillanimity ; and nothing can prevent your being free except yourselves. It is not in the disposition of England ; it is not in the interest of England ; it is not in her arms. What ! can 8,000,000 of Englishmen, opposed to 20,000,000 of French, to 7,000,000 of Spanish, to 3,000,000 of Americans, reject the alliance of 3,000,000 in Ireland? Can 8,000,000 of British men, thus out- numbered by foes, take upon their shoulders the expense of an expe- dition to enslave you? Will Great Britain, a wise and magnanimous country, thus tutored by experience and wasted by war, the French navy riding her Channel, send an army to Ireland, to levy no tax, to enforce no law, to answer no end whatsoever, except to spoliate the charters of Ireland, and enforce a barren oppression ? What ! has England lost thirteen provinces ? has she reconciled herself to this loss, and will she not be reconciled to the liberty of Ireland ? Take notice, that the very constitution which I move you to declare, Great Britain herself offered to America : it is a very instructive proceeding in the British history. In 1778 a commission went out, with powers to cede to the thirteen provinces of America, totally and radically, the legislative authority claimed over her by the British Parliament, and the Commissioners, pursuant to their powers, did offer to all, or any, of the American States, the total surrender of the legislative authority of the British Parliament. I will read you their letter to the Congress. [Here the letter was read, surrendering the power a? aforesaid.] What ! has England offered this to the resistance ol America, and will she refuse it to the loyalty of Ireland? Your fears then are nothing but an habitual subjugation of mind ; that subjuga- tion of mind which made you, at first, tremble at every great mea- sure of safety; which made the principal men amongst us conceive the commercial association would be a war ; that fear, which made them imagine the military association had a tendency to treason ; w hich made them think a short money-bill would be a public convul- 46 DECLARATION OF IRISH RIGHTS. sion ; and yet these measures have not only proved to be useful, but are held to be moderate, and the Parliament that adopted them, praised, not for its unanimity only, but for its temper also. You now wonder that you submitted for so many years to the loss of the woollen trade and the deprivation of the glass trade ; raised above your former abject state in commerce, you are ashamed at your past pusillanimity; so when you have summoned a boldness which shall assert the liber- ties of your country — raised by the act, and reinvested, as you will be, in the glory of your ancient rights and privileges, you will be surprised at yourselves, who have so long submitted to their violation. Moderation is but a relative term ; for nations, like men, are only safe in proportion to the spirit they put forth, and the proud contemplation with which they survey themselves. Conceive yourselves a plantation, ridden by an oppressive government, and everything you have done is but a fortunate phrenzy: conceive yourselves to be what you are, a great, a growing, and a proud nation, and a declaration of right is no more than the safe exercise of your indubitable authority. But, though you do not hazard disturbance by agreeing to this re- solution, you do most exceedingly hazard tranquillity by rejecting it. Do not imagine that the question will be over when this motion shall be negatived. No ; it will recur in a vast variety of shapes and diversity of places. Your constituents have instructed you in great numbers, with a powerful uniformity of sentiment, and in a style not the less awful because full of respect. They will find resources in their own virtue, if they have found none in yours. Public pride and conscious liberty, wounded by repulse, will find ways and means of vindication. You are in that situation in which every man, every hour of the day, may shake the pillars of the state ; every court may swarm with the question of right ; every quay and wharf with prohibited goods: what shall the Judges, what the Commissioners, do upon this occasion ? Shall they comply with the laws of Ireland, and against the claims of England, and stand firm where you have capitulated ? shall they, on the other hand, not comply, and shall they persist to act against the law ? will you punish them if they do so ? will you proceed against them for not showing a spirit superior to your own ? On the other hand, will you not punish them ? Will you leave liberty to be tram- pled on by those men ? Will you bring them and yourselves, all con- stituted orders, executive power, judicial power, and parliamentary au- thority, into a state of odium, impotence, and contempt ; transferring the task of defending public right into the hands of the populace, and leaving it to the judges to break the laws, and to the people to assert them? Such would be the consequence of false moderation, of irri- ^DECLARATION OF IRISH RIGHTS. 47 tating timidity, of inflammatory palliatives, of the weak and corrupt hope of compromising with the court, before you have emancipated the country. I have answered the only semblance of a solid reason against the motion ; I will remove some lesser pretences, some minor impedi- ments; for instance, first, that we have a resolution of the same kind already on our Journals, it will be said ; but how often was the great, charter confirmed ? not more frequently than your rights have been violated. Is one solitary resolution, declaratory of your right, suffi- cient for a country, whose history, from the beginning unto the end, has been a course of violation ? The fact is, every new breach is a reason for a new repair; every new infringement should be a new declaration; lest charters should be overwhelmed with precedents to their prejudice, a nation's right obliterated, and the people them- selves lose the memory of their own freedom. I shall hear of ingratitude : I name the argument to despise it and the men who make use of it : I know the men who use it are not grateful, they are insatiate ; they are public extortioners, who would stop the tide of public prosperity, and turn it to the channel of their own emolument : I know of no species of gratitude which should pre- vent my country from being free, no gratitude which should oblige Ireland to be the slave of England. In cases of robbery and usurpa- tion, nothing is an object of gratitude except the thing stolen, the charter spoliated. A nation's liberty cannot, like her treasures, be meted and parcelled out in gratitude : no man can be grateful or liberal of his conscience, nor woman of her honour, nor nation of her liberty : there are certain unimpartable, inherent, invaluable proper- ties, not to be alienated from the person, whether body politic or body natural. With the same contempt do I treat that charge which says, that Ireland is insatiable ; saying, that Ireland asks nothing but that which Great Britain has robbed her of, her rights and privileges ; to say that Ireland will not be satisfied with liberty, because she is not satisfied with slavery, is folly. I laugh at that man who supposes that Ireland will not be content with a free trade and a free constitution ; and would any man advise her to be content with less ? I shall be told that we hazard the modification of the law of Poynings' and the Judges' Bill, and the Habeas Corpus Bill, and the Nullum Tempus Bill; but I ask, have you been for years begging for these little things, and have not you yet been able to obtain then; ? and have you been contending against a little body of eighty men in Privy Council assembled, convocating themselves into the image of a parliament, and ministering your high office ? and have you been 48 DECLARATION OF IRISH RIGHTS. contending against one man, an humble individual, to you a Levia- thian — the English Attorney-general — who advises in the case of Irish bills, and exercises legislation in his own person, and makes your parliamentary deliberations a blank, by altering your bills or sup- pressing them? and have you not yet been able to conquer this little monster ! Do you wish to know the reason ? I will tell you : because you have not been a parliament, nor your country a people. Do you wish to know the remedy ? — be a parliament, become a nation, and these things will follow in the train of your consequence. I shall be told that titles are shaken, being vested by force of English acts ; but in answer to that, I observe, time may be a title, acquiescence a title, forfeiture a title, but an English act of parliament certainly cannot: it is an authority, which, if a judge would charge, no jury would find, and which all the electors in Ireland have already dis- claimed unequivocally, cordially, and universally. Sir, this is a good argument for an act of title, but no argument against a declaration of right. My friend, who sits above me (Mr. Yelverton), has a Bill of Confirmation ; we do not come unprepared to Parliament. I am not come to shake property, but to confirm property and restore freedom. The nation begins to form; we are moulding into a people ; freedom asserted, property secured, and the army (a mercenary band) likely to be restrained by law. Never was such a revolution accomplished in so short a time, and with such public tranquillity. In what situation would those men who call themselves friends of constitution and of government have left you? They would have left you without a title, as they state it, to your estates, without an assertion of your constitu- tion, or a law for your army ; and this state of unexampled private and public insecurity, this anarchy raging in the kingdom for eighteen months, these mock moderators would have had the presumption to call peace. I shall be told, that the judges will not be swayed by the resolution of this House. Sir, that the judges will not be borne down by the resolutions of Parliament, not founded in law, I am willing to believe ; but the resolutions of this House, founded in law, they will respect most exceedingly. I shall always rejoice at the independent spirit of the distributors of the law, but must lament that hitherto they have given no such symptom. The judges of the British nation, when they adjudicated against the laws of that country, pleaded precedent and the prostration and profligacy of a long tribe of subservient predeces- sors, and were punished. The judges of Ireland, if they should be called upon, and should plead sad necessity, the thraldom of the times, and above all, the silent fears of Parliament, they, no doubt,, will be DECLARATION OF IRISH RIGHTS. excused : but when your declarations shall have protected them from their fears; when you shall have emboldened the judges to declare the law according to the charter, I make no doubt they will do their duty ; and your resolution, not making a new law, but giving new life to the old ones, will be secretly felt and inwardly acknowledged, and there will not be a judge who will not perceive, to the innermost recess of his tribunal, the truth of your charters and the vigour of your justice. The same laws, the same charters, communicate to both kingdoms, Great Britain and Ireland, the same rights and privileges ; and one privilege above them all is that communicated by Magna Charta, by the 25th of Edward the Third, and by a multitude of other statutes, " not to be bound by any act except made with the archbishops, bishops, earls, barons, and freemen of the commonalty ", viz. of the parliament of the realm. On this right of exclusive legislation are founded the Petition of Right, Bill of Right, Revolution, and Act of Settlement. The King has no other title to his crown than that which you have to your liberty ; both are founded, the throne and your freedom, upon the right vested in the subject to resist by arms, notwithstanding their oaths of allegiance, any authority attempting to impose acts of power as laws, whether that authority be one man or a host, the second James, or the British Parliament ! 1 Every argument for the House of Hanover is equally an argument for the liberties of Ireland : the Act of Settlement is an act of rebel- lion, or the declaratory statute of the 6th of George the First an act of usurpation ; for both cannot be law. ^ ^1 do not refer to doubtful history, but to living record ; to common charters ; to the interpretation England has put upon these charters ; an interpretation not made by words only, but crowned by arms ; to the revolution she had formed upon them, to the king she has deposed, and to the king she has established ; and above all, to the oath of allegiance solemnly plighted to the House of Stuart, and afterwards set aside, in the instance of a grave and moral people absolved by virtue of these very charters. And as anything less than liberty is inadequate to Ireland, so is it dangerous to Great Britain. We are too near the British nation, we are too conversant with her history, we are too much fired by her example, to be anything less than her equal ; anything less, we should be her bitterest enemies — an enemy to that power which smote f us with her mace, and to that constitution from whose blessings we were excluded : to be ground as we have been by the British nation, bound by her parliament, plundered by her crown, threatened by her 50 DECLARATION OF IRISH RIGHTS. enemies, insulted with her protection, while we returned thanks for her condescension, is a system of meanness and misery which has expired in our determination, as I hope it has in her magnanimity. There is no policy left for Great Britain but to cherish the remains of her empire, and do justice to a country who is determined to do justice to herself, certain that she gives nothing equal to what she received from us when we gave her Ireland. • With regard to this country, England must resort to the free prin- ciples of government, and must forego that legislative power which she has exercised to do mischief to herself ; she must go back to free- dom, which, as it is the foundation of her constitution, so is it the main pillar of her empire ; it is not merely the connection of the crown, it is a constitutional annexation, an alliance of liberty, which is the true meaning and mystery of the sisterhood, and will make both countries one arm and one soul, replenishing from time to time, in their immortal connection, the vital spirit of law and liberty from the lamp of each other's light ; thus combined by the ties of common interest, equal trade and equal liberty, the constitution of both countries may become immortal, a new and milder empire may arise from the errors of the old, and the British nation assume once more her natural station — the head of mankind. That there are precedents against us I allow — acts of power I would call them, not precedent ; and I answer the English pleading such precedents, as they answered their kings when they urged precedents against the liberty of England : Such things are the weakness of the times ; the tyranny of one side, the feebleness of the other, the law of neither ; we will not be bound by them ; or rather, in the words of the declaration of right, " no doing judgment, proceeding, or anywise to the contrary, shall be brought into precedent or example ". Do not then tolerate a power — the power of the British Parliament over this land, which has no foundation in utility or necessity, or empire, or the laws of England, or the laws of Ireland, or the laws of nature, or the laws of God, — do not suffer it to have a duration in your mind. Do not tolerate that power which blasted you for a century, that power which shattered your loom, banished your manufactures, dis- honoured your peerage, and stopped the growth of your people ; do not, I say, be bribed by an export of woollen, or an import of sugar, and permit that power which has thus withered the land to remain in your country and have existence in your pusillanimity. Do not suffer the arrogance of England to imagine a surviving hope in the fears of Ireland ; do not send the people to their own resolves for liberty, passing by the tribunals of justice and the high court of DECLARATION OF IRISH RIGHTS 51 parliament ; neither imagine that, by any formation of apology, you can palliate such a commission to your hearts, still less to your chil- dren, who will sting you with their curses in your grave for having interposed between them and their Maker, robbing them of an im- mense occasion, and losing an opportunity which you did not create, and can never restore. Hereafter, when these things shall be history, your age of thral- dom and poverty, your sudden resurrection, commercial redress, and miraculous armament, shall the historian stop at liberty, and observe — that here the principal men among us fell into mimic trances of gratitude — they were awed by a weak ministry, and bribed by an empty treasury — and when liberty was within their grasp, and the temple opened her folding doors, and the arms of the people clanged, and the zeal of the nation urged and encouraged them on, that they fell down, and were prostituted at the threshold. I might, as a constituent, come to your bar, and demand my liberty. I do call upon you, by the laws of the land and their violation, by the instruction of eighteen counties, by the arms, inspiration, and providence of the present moment, tell us the rule by which we shall go, — assert the law of Ireland, — declare the liberty of the land. I will not be answered by a public lie, in the shape of an amend- ment ; neither, speaking for the subjects' freedom, am I to hear of faction. I wish for nothing but to breathe, in this our island, in common with my fellow-subjects, the air of liberty. I have no ambition, unless it be the ambition to break your chain, and contem- plate your glory. I never will be satisfied so long as the meanest cottager in Ireland has a link of the British chain clanking to his rags ; he may be naked, he shall not be in iron ; and I do see the time is at hand, the spirit is gone forth, the declaration is planted ; and though great men should apostatize, yet the cause will live ; and though the public speaker should die, yet the immortal fire shall out- last the organ which conveyed it, and the breath of liberty, like the word of the holy man, will not die with the prophet, but survive him. I shall move you, "That the King's most excellent Majesty, and the Lords and Commons of Ireland, are the only power competent to make laws to bind Ireland". 52 CATHOLIC QUESTION. Februanj 20, 1782. On this day the House went into a committee on the bill, when the privileges proposed to be restored to the Roman Catholics were gone into at length : they went, 1st, to the enjoyment of property ; 2dly, the free exercise of their religion ; 3dly, education ; 4thly, marriage ; 5thly, self-defence. The first amendment moved was, That Catholics should be empowered to take, purchase, hold, and inherit estates in fee-simple. This clause was opposed by Mr. Rowley, Mr. St. George, and Mr. Wynn ; it was supported by Mr, Denis Daly, Sir Hereukl Langrishe, and Mr. Flood, who said, that although the Catholics should be allowed to purchase lands, they should not be allowed to possess auy power in the state j that the House should distinguish between the rights of property and the rights of power ; " though I would extend toleration to the Roman Catholics, yet I would not wish to make a change in the state, or enfeeble the government". Mr. Grattan said: I object to any delay which can be given to this clause. We have already considered the subject on a larger scale, and this is but part of what the clause originally contained. We have before us the example of England, who, four years ago, granted Catholics a right of taking land in fee. The question is merely whether we shall give this right or not; and if we give it, whether it shall be accompanied by all its natural advantages. Three years ago, when this question was debated in this House, there was a majority of three against granting Catholics estates in fee, and they were only allowed to take leases for 999 years. The argument then used against granting them the fee was, that they might influence electors. It has this day been shown, that they may have as effectual an influence by possessing leases of 999 years as they can have by possessing the fee. At that time we might have been somewhat prejudiced against granting Roman Catholics estates in fee ; but their conduct since that period should fully convince us of their true attachment to their country. When this country had resolved no longer to crouch beneath the burden of oppression that England had laid upon her, when she armed in defence of her rights, and a high-spirited people demanded a free trade, did the Roman Catholics desert their countrymen? No; they were found among the foremost. When it was afterwards thought necessary to assert a free constitution, the Roman Catholics displayed their public virtue; they did not endeavour to make terms for themselves, but they entered frankly and heartily into the cause of their country, judging by their own virtue that they might depend upon your generosity for their reward ; but now, after you havo CATHOLIC QUESTION. 53 obtained a free trade, after the voice of the nation has asserted her independence, they approach the house as humble suppliants, and beg to be admitted to the common rights of men. Upon the occasions I have mentioned, I did carefully observe their actions, and did then determine to support their cause whenever it came before this House, and to bear a strong testimony to the constitutional principles of the Catholic body. Nor should it be mentioned as a reproach to them, that they fought under the banner of King James, when we recollect that before they entered the field, they extorted from him a magna charta, a British constitution. In the reign of Charles the First, a Committee, consisting of Papists, Protestants, and Presbyterians, were sent from this country to prosecute Lord Strafford. We find them perfectly agreeing in the object of their mission, and, indeed, when men begin to differ upon principles of religion, it is because they have no other great object to engage their attention. We cannot give the people of Ireland a, common faith, but we can give them a common interest. In 1779, when the fleets of Bourbon hovered on our coasts, and the Irish nation roused herself to arms, did the Roman Catholics stand aloof? or did they, as might be expected from their oppressed situation, offer assistance to the enemy? No; they poured in sub- scriptions for the service of their country, or they pressed into the ranis of her glorious volunteers. It has been shown that this clause grants the Roman Catholics no new power in the state. Every argument, therefore, which goes against this clause, goes against their having leases for 999 years ; every argument which goes against their having leases of 999 years, goes against their having leases at all; and every argument which goes against their having property, goes against their having exis- tence in this land. The question is now, whether we shall grant Roman Catholics the power of enjoying estates — whether we shall be a Protestant settle- merit or an Irish nation? whether we shall throw open the gates of the temple of liberty to all our countrymen, or whether we shall con- fine them in bondage by penal laws? So long as the penal code remains, we never can be a great nation. The penal code is the shell in which the Protestant power has been hatched, and now it has become a bird, it must burst the shell or perish in it. In Holland, where the number of Roman Catholics is comparatively small, the toleration of their religion is an act of mercy to them ; but in this country, where they form the great bulk of the inhabitants, it is an act of policy, an act of necessity, an act of incorporation. The 54 EIGHTS OF IRELAND, question is not, whether we shall show mercy to the Roman Catholics, but whether we shall mould the inhabitants of Ireland into a people : ; for so long as we exclude Catholics from natural liberty and the coni- tmon rights of men, we are not a people: we may triumph over them, %ut other nations will triumph over us. If you love the Roman Ca- tholic, you may be sure of a return from him ; but if you treat him with cruelty, you must always live in fear, conscious that you merit his just resentment. Will you then go down the stream of time, the Ro- man Catholic sitting by your side unblessing and unblessed, blasting and blasted ? or will you take off his chain, that he may take off yours? will you give him freedom, that he may guard your liberty? In Ireland, as connected with England, the indulgence we wish to give to Catholics can never be injurious to the Protestant religion — that religion is the religion of the state, and will become the religion of Catholics if severity does not prevent them. Bigotry may survive persecution, but it never can survive toleration. But gentlemen who speak of the enormities committed by Catholics groaning under a system of penal laws, do not take into account the enlightening and softening of men's minds by toleration, nor do they consider that as they increase in wealth they will increase in learning and politeness. I give my consent to the clause in its principle, extent, and boldness; I give my consent to it as the most likely means of obtaining a victory over the prejudices of Catholics, and over our own; I give my con- sent to it, because I would not keep two millions of my fellow-sub- jects in a state of slavery, and because, as the mover of the declara- tion of rights, I would be ashamed of giving freedom to but six hundred thousand of my countrymen, when I could extend it to two millions more. RIGHTS OF IRELAND. February 22, 1782. On this day Mr. Grattan, in pursuance of the notice which he had given, brought forward his motion for an address to His Majesty, declaring the rights of Ireland. [It is to be regretted that the commencement of this speech is wanting.] Sir, Before Ireland goes into her title, let us hear the title of Eng- land; for the question is not, whether Ireland has a right to be free, bat whether Great Britain has a right to enslave her: when the latter country asks, what right have the Irish to make law for themselves? RIGHTS OF IRF.L.AJND. 55 Ireland will not answer, but demands, what right has England to make laws for Ireland? — from nature she has none. Mature has not given any one nation a right over another. Has she that right from covenant ? — let her show the covenant. In what roll do we find it ? in what history is it recorded? there is no such thing in legislation. Ireland, in the reign of Henry the Seventh, gave up her propounding and deliberative power : so it has been construed. Ireland, in the reign of King Charles the Second, by granting customs and excise in perpetuity, gave up in a degree the purse of the nation, but Ireland never gave up her legislation ; there is a covenant most certainly — a covenant recognised by lawyers, and set forth by historians, but it is a covenant (with Henry the Second) that secures to the King the government, and to Ireland the laws, that is to say, the liberties of England, in which is included a right to Ireland not to be bound without her own consent, and to have her own legislative assemblies. This covenant, then, excludes the English legislature : and thus the title of the King precludes the claim of the Parliament : there is, then, no covenant regarding the legislature of England, except one, which is against her : are we then to search for her right in usage ? her act sets forth no such title ; but usage is a continuation of precedent exer- cised from the beginning, and exercised without opposition or counter- claim from a people in a condition to oppose, and whose laws on the subject of this right are silent. Where is such usage ? England puts forth two great instances, which she denominates laws ; the statutum Hibernke is one, the Ordinatiojies, 17th of Edward the First, the other : there are no such laws : these instruments are orders of the King, touching things to be done in Ireland in consequence of her adoption of English laws by her covenant with Henry the Second ; they are evidence of compact, and the reverse of evidence of conquest. The statutum Hibernice was as follows : the judges of Ireland conceiv- ing a doubt regarding inheritances devolved on sisters, viz., whether the younger should hold under the elder, and do homage to her, or hold under the lord, and do homage to him ; the chief justice of Ireland despatched four knights to the King of England, to bring a certificate from thence of the practice there used ; whereon the King sent his rescript to inform the chief justice what the law and custom was in England: the rescript concludes, "that the said custom that be used in this case be proclaimed throughout our dominion of Ireland, teste meipso". What they call a statute is nothing more than this rescript. The other instance is equally erroneous. The ordinatio pro statu Hi- bernian was never received as law. The first article of the ordinatio prohibits the justices or other of the King's servants to purchase 56 RIGHTS OF IRELAND. land in Ireland; but that has been ever otherwise, besides, it is no act of Parliament, but an ordinance of the King and Privy Council which is evident from the preamble, and from this fact, that Edward held no parliament in England in the year in which that ordinance was made. Thus the two first great precedents fail, and the case stumbles at the outset. England has mistaken orders of govern- ment for acts of parliament. With diminished authority she then resorts to certain of her laws, which in the generality of their expression cover Ireland; the former instances were not laws, and these laws are not precedents ; they are principally the acts of appeals, Henry the Eighth ; act of first fruits, Henry the Eighth ; act of faculties, Henry the Eighth ; act of ecclesi- astical jurisdiction, Elizabeth. But these acts were never put in force in Ireland, nor was any attempt made for that purpose; on the contrary, because they were not in force in Ireland, and because their power did not extend to that country, it was necessary that the Parliament of Ireland should pass acts to the same purpose, and such acts were passed accordingly, and form a precedent, not for the claim of England, but an argument and precedent against it ; for the general words of these statutes had no operation in Ireland, and for no other reason than because the English Parliament had no jurisdiction : the general terms of her acts stood controlled by the limits of her power, and the non-execution of the acts is a co- temporary evidence against her jurisdiction, and so was the point decided. The case was as follows: the 1st of Elizabeth gave a power to erect a court of high commission ; the general words of the act extended to Ireland, but no court of high commission was erected there; then followed the Irish act of the 2nd of Elizabeth, which gave the Queen the same power in Ireland, and a court of high com- mission was erected accordingly ; then followed the bill of rights, which put down all such courts: the bill of rights is declaratory, and its terms universal. A person was deprived of his bishopric in Ire- land by virtue of a court of high commission sitting after the bill of rights had passed ; and the question was, whether such English bill acted on Ireland, or repealed the Irish act? the judges and chan- cellor of Ireland determined that it did not: thus it appears, that an English statute, however general in its terms, does not act on Ireland, and for no other reason, but because the English Parliament is not her legislature: she next produces an order of acts which passed in the reign of the Edwards, and which did bind Ireland : but these are not acts of the English Parliament, but of the English and Irish Parliament sitting in conjunction, that is to say, with members sent to RIGHTS OF IRELAND. 57 England to represent Ireland: there are writs extant to that pur- pose. Now acts that passed conjointly do not prove that the English Parliament has a right to pass acts for Ireland separately; they prove the contrary: they prove that when it was intended to bind Ireland, it was necessary to send for Irish representatives: and here again, the instances she quotes are authorities against her : next advances a de- scription of English acts, which in the opinion of lawyers, though not adopted by Ireland, do bind her: they are acts declaratory of the common law of England, which Ireland by her compact with Henry the Second adopted, and of which she received the interpretation from lime to time from England, not as legislative provisions, but as judicial decisions; and these interpretations obtain, not by the autho- rity of the English Parliament or English courts, but of the Irish as- sembly that passed the compact adopting those English laws : then is introduced another description of English statutes, wherein Ireland is specially named. The principal are, the 4th of Henry the Fifth, relative to Irish servants; the 1st of Henry the Sixth, relative to ecclesiastical benefices; the 19th of Henry the Seventh, relative to Perkin Warbeck's confederates ; the 8th of Henry the Seventh, re- garding tithe; and the 2nd of Henry the Sixth, or the staple act. You will observe that these are the only ancient precedents set forth, that the latter instances are practices which require to be supported by precedents; they are proceedings against a country exhausted; they are not in themselves precedents ; they are not, as Vaughan ab- surdly suggests, their own precedents : these, I say, are not prece- dents, and the ancient precedents are too few to amount to a usage. Besides, it does not appear that they were carried into execution, and it does appear they were denied by Ireland: there are five pro- tests against their legality ; there is the Irish act of the 10th of Henry the Fourth, declaring that no law should be of force in Ire- land until it should be confirmed by the Irish Parliament; there is the 29th of Henry the Sixth, declaring that no act should be of force in Ireland unless it was confirmed by the Irish Parliament. You know the early rolls of Ireland are lost, but the exemplifications of these acts were found in the treasury of Waterford, and cannot be questioned, and do exclude expressly the Parliament of England, .aid settle the case, even though they stood alone ; add to these their wonted claim and their protest: there is also the act of faculties in the reign of Henry the Eighth, which was as follows : "This your Grace's realm, recognizing no superior under God but your Grace, hath been, and yet is free from subjection to any man's laws, but such as have been devised and ordained within this realm, 58 RIGHTS OF IRELAND. or to such other as, by sufferance of your Grace and your progenitors, the people of this realm have taken at their free liberty by their own consent". What now becomes of precedent? there is the declaration of right, their counter-claim by the House of Commons in Ireland, declaring that His Majesty's subjects in Ireland are a free people j and to be governed only accordiug to the common law of England, and statutes made and established by Parliament in this kingdom of Ireland, and according to the lawful customs used in the same : there is the protest of the lords of Ireland in 1721, with five instru- ments of counter-claim — and these, protestations from a people un- able to resist. The few instances of ancient acts naming Ireland, do not amount to a usage, and therefore I submit that England has not made out her title by nature or by contract; she has made out no title; she has not put Ireland upon her case : and we might here stop, but we choose to go on, and we observe, that three of the instruments we have stated among these protests are acts of parliament; they are not evidence of the law, but the law: the Parliament that declares the law, makes it: and what is that law? It declares that no statute has force in Ireland until confirmed by the Irish Parliament. What now becomes * of the precedents? supposing that they were in point, which they are not; supposing they were numerous, and amounted to a usage; yet precedent cannot repeal act of parliament, but act of parliament sets aside precedent : I say, the claim of England is then set aside by the authority of Parliament; moreover, you will observe, that the Irish acts referred to, namely, the 10th of Henry the Fourth and the 29th of Henry the Sixth, were befoie most of the precedents quoted, and one of the acts before any usage is pretended or could have existed ; besides, the common law of England was introduced into Ireland the 9th of King John, that is before any precedent. But Parliament, or such a legislative assembly, is a part of the common law, and two parliaments are against the common law, but these precedents cannot set aside the common la w, no more than it can repeal the statute. So that the claim of England is not a title established by usage, and then set aside by Irish statute, but an attempt to overturn existing statutes, acts of parliament, by acts of power, and to set up violation in the place of law. I might stop here, but Ireland is not confined to the statutes I have mentioned. She has other titles to her freedom in abundance; and first, she has the original compact of Henry the Se- cond with the Irish princes, giving to Henry the crown, to the princes their governments, and to the Irish settlers the English laws. The evidence of that compact are the two historians Giraldus Cambrensis BIGHTS OF IRELAND, 59 and Mathew Pari?, the latter of whom was present when it was made: the matter of that compact was, that Ireland should possess the laws and customs of England; and this convention was confirmed by the solemnity of an oath, leges Anglice gratanter acceptce et juraioria so- \emnitate confirmatce. Other compacts between kings and their people are not to be found: the compact of England with William the First does not appear to exist in form, and is founded justly, and fairly I think, on a principle that the Crown is a commission ; but the Irish compact is an historic transaction. And what is the compact? the laws of England. And what were the laws of England at that time? the laws of the Confessor, the laws which Magna Charta declared, and among them, the great law of liberty, namely, to be bound only by your own assemblies. Then follows the charter of John, and then Magna Charta, the first of Henry the Third, 1216, and in this it is recited, "the city of Dublin shall have her ancient privileges, and all towns, and cities, and boroughs, their free customs". What liberties? what free customs ? Was the power of the legislature of another country to shut up their harbours and stop their commerce, one of their free customs? "The King shall not take aids but by the con- sent of the realm": then the British Parliament cannot tax Ireland. Such is the 29th of the great charter, such the 25th of Edward the First, such the 27th, such the 34th of the same, acts which Ireland adopted after the charter: the 29th of the great charter says: "Xo freeman shall be taken or disseized of his freehold or free custom, or be outlawed, banished, or destroyed; nor shall the King pass upon him but by the lawful judgment of his peers and the law of the land". Was the authority of the English Parliament at this time, the time- of the charter of Henry the Third, the law of Ireland? Where is the law of conquest now? I appeal to the guilty spirit of the Earl of Strafford, who argued that the word conquest used in the act of the Irish Parliament, was a legislative enactment, enacting the right of conquest by the authority of Parliament. All these acts amount to this position, that the subject who claims these provisions shall not be taxed but by his own parliament or legislature, nor affected in property, life, or limb, but by the laws of his own country. The British Parliament then cannot punish you; it cannot fine you; it cannot tax Ireland; it cannot punish Ireland: then it cannot legis- late for Ireland. You will observe that the rights and privileges above mentioned are not securities against the King only, they are certain properties annexed by the laws of these countries to the per- son of the subject; he is clothed with immunities and privileges: the words are possessive ; he is protected against royal oppression, and he 60 RIGHTS OF IKELAND. walks the conscious proprietor of the great charter. These laws form a condition for the subject, irreconcilable to the law of conquest, and utterly incompatible with what is set up under pretence of the law — the power of the British Parliament over Ireland. There is another act I wish to mention ; it is the 34th of Edward the First: "all clerks and laymen shall have their liberties as when they had them the best". Was the power of the English Parliament, that is, of another country over us, our best law? Was conquest our best law? And do not imagine that this act is inoperative be- cause general, or that a franchise need be penned with the subtilty of a penal law; indeed, the Attorney- general of Charles the First thought so, and when he argued against the liberties of the people of England at a conference with the Lords, on the petition of right, said that the statutes of the great charter and other franchises are con- ceived in general to be expounded, that is to say, to be done away, by precedents: but he lived to feel, in his own impeachment, the vanity of that argument, and found the laws of his country, which he imagined dead to her protection, were alive to his punishment. I have mentioned certain laws and charters in support of the free- dom of Ireland; are they the whole? no, there are more of them, namely, all the laws by which England claims her liberty ; they were enacted in Ireland by the 10th of Henry the Seventh. You will ob- serve, that the petition and declaration of right were declaratory of the ancient privileges of England, and that by the Irish act of the 1 0th of Henry the Seventh, all those are communicated to Ireland ; and I beg to set forth these rights and privileges, together with those mentioned before, not only as instruments of freedom, but links of connexion. Ireland has another title in support of her liberty , a Parlia- ment of her own. Parliament is exclusive legislature, it is so ex vi termini; such is the construction by England herself; the modus te- nendi parliamentum is in both countries the same ; but it is not ne- cessary to establish the modus in order to ascertain the power: the competency of the Parliament of Ireland stands on the same base within this realm as that of the English Parliament within the realm of Great Britain. Like that of England, our legislature is composed of King, Lords, and Commons ; but the word king is exclusive, the word lords exclusive, and the word commons exclusive ; when you say you are governed by a king, you mean one king, when you say you are governed by a parliament, you mean one parliament: when the judges said that the laws of England did not extend to Ireland be- cause she had a parliament of her own, they said by necessary con- struction, that the English legislature was not her parliament: it i& RIGHTS OF IRELAND. GJ true, if the English legislature choose to name Ireland and usurp legis- lative authority, the judge cannot question the legislature of his own country; but such a proceeding does not become a matter of right because the judge cannot relieve against it. I have shown the claim of England is not a case of precedent ; violation is not legislation; robbery unpunished does not repeal the decalogue ; precedent cannot prevail against an act of parliament ; it is a parva consuetude*, not a law; and a course of precedent is a course of violation. Could precedent repeal the great charter? it was thirty times violated ; but such violation did not cancel the great charter, but proved so many challenges to re-affirm, re-instate, and glorify that inviolable instrument of public liberty. The reign of Henry the Eighth was a precedent against the privilege of Parlia- ment; forced loans had their precedents; ship money had its prece- dents. Charles the First imposed a loan by his own authority ; five gentlemen refuse to pay it; they are imprisoned by a warrant from the council; they are brought up on their habeas corpus; they pro- duce six laws beside the charter in their favour: the judges rely on precedent,, and remand the prisoners: these judges despise the old laws to which they and their predecessors were sworn, and stood on precedents on which those predecessors were perjured; but these fran- chises survived those pliant judges, and afterwards sat in judgment upon them, a # nd left, in their punishment, a precedent better than their example — the triumph of the law over the perjury of the judges. What has been the conduct of the people of England on the subject of precedent? You are armed with her laws — be animated by her example: her declaration of rights, after reciting precedents against the liberty of the subject, says, " all such doings, and so forth, shall be utterly void"; her great charter had set forth that any judgment given to the contrary shall be utterly void; she formed her petition of right upon her birth-right — your birth-right against precedent ; she formed her declaration of right on the same ground ; she consi- dered the right of kings as defeasible, and the birth-right of the sub- ject as indefeasible, and she deposed a king who had, under the authority of precedent and adjudication, invaded the indefeasible right of the subject, out of which right she formed not only a revo- lution but a dynasty, that had and has no other foundation than that which depends on the abolishment of every arbitrary maxim in church and state — the venal judgment, the violent precedent, and the barefaced impudence of the law of conquest. Has then the birth- right of the British subject — your birth-right — been sufficient against precedent (the precedent of the Plantagenets, the precedent of the 4 02 RIGHTS OF IRELAND. Tudors, the precedent of the Stuarts), to form a petition of right, r. declaration of right, a revolution, cancel the oath of allegiance, de- pose James, establish William, royalize the house of Hanover? has our common birth-right done all this for England, and given se- curity to her meanest subject, and clothed her beggar with his sturdiness ? and has it left Ireland naked, subject to be bound without your consent, taxed without your consent, with your commerce re- stricted, an independent army, and a dependent parliament, and your property adjudged by the decisions of another country ? We have done with precedent. She then resorts to authority; to what authority ? to her judges. To do what? to repeal acts of parliament by interpretation. What act ? Magna Charta — the act that forms the security of the realm. I respect the judges ; but in this case I object to their authority, first, because they are partial, being of the country whose power they are to discuss ; secondly, be- cause they are dependent, being punishable by the Parliament whose claims they are to arbitrate; thirdly, because they are incompetent, being, by their office, obliged to pronounce the law as Parliament declares; fourthly, because they are inadmissible, being in this case called upon to repeal an act of parliament under the colour of inter- pretation. The great charter, the 10th of Henry the Fourth, the 29th of Henry the Sixth, the act of faculties, do not want an inter- preter; these say, no English statute shall be executed in Ireland till confirmed by the Irish Parliament — no Irish subject to be bound by statutes except ordained within the realm ; to say they may, is to repeal, not to interpret ; such explanation is violation, not inter- pretation, and the judge not an authority, but an offender. Besides, the judges are bad arbiters of public liberty; there is no act of power for which you have not a precedent, nor any false doctrine for which you have not an adjudication. Lord Bacon maintained a dispensing power, Lord Coke maintained a dispensing power, Lord Chief Justice Fleming affirmed the power of the King to lay port duties, Judge Blackstone maintained the power of the House of Com- mons to disqualify by the vote of its own body: when the Attorney- General of Charles the First filed an information against three members of Parliament for their speeches in the House of Commons, the judges of the King's Bench fined and confined them all: there is no adjudication which the judges of England can make against Ire- land, that they have not made against their own country. Now, as the people of England have disregarded such authority when urged against their own liberties, so shall we disregard the same authority when urged against ours : we cannot allow England to plead her RIGHTS OF IRELAND. 03 magna charta against the authority of her judges, and set up the au- thority of her judges against the magna charta of Ireland; nor must she answer her judges with the principles of the revolution, and an- swer Ireland with the principles of the jacobites; for neither judgments, nor judges' opinions, nor precedents, are laws; still less can they re- peal laws, still less franchises, and least of all, charters : these things read themselves without a judge, and in despite of him ; they put forth a subterranean voice even against kings, and, though buried for ages, like the blood of the murdered man, they rise up in judgment, and call for justice. Let them now produce their judges. There are four remarkable adjudications on this subject; one has been against us, and three have been in our favour : the one against us, is the case of the staple act, the English act of the 2nd of Henry the Sixth; it was a case where Ireland was specially named and forbidden to export woollen to Calais; the first decision adjudged that Ireland was not bound by this act; the decision was made in the time of Richard the Third by all the judges of England assembled in the Exchequer Chamber; this case afterwards, in the reign of Henry the Seventh, was, by Lord Chief Justice Hussey, decided against us, his brethren not much dissenting; the reporter (Brooke) doubts the legality of his opinion, and Lord Coke approves of the contrary opinion, namely, of the original determination of the judges assembled in the Exche- quer Chamber. Under these circumstances stands the decision which is against us: of the three decisions which were for us, I have stated one already (the case of the Court of High Commission in Ire- land); another was the case of a patent given to one Pilkington, of an office in Ireland, which he discharged by deputy. A. got a pa- tent for the same office, and Pilkington brought a scire facias to the court in England, 20th of Henry the Sixth, against A., to show cause why the patent should not be repealed. A. pleaded that the Irish Parliament had by an act required that the said office should be discharged in person, or forfeited, and then he prescribed for the Irish Parliament, and the prescription was allowed. The third de- cision is that of the judges of Ireland on queries put to them by the Lords at the request of the Commons; the first query was as follows: Whether the subjects of Ireland be a free people, and to be governed only by the common law of England and statutes of force in this Kingdom? To which query all the judges answered in the affirma- tive : they point out where the common law, in some instances, differs from that of England, and where equity interferes; but with respect to the question, whether the subjects of Ireland be a free peo- 64 RIGHTS OF 1KELAND. pie, to be bound only by the common law of England and the Irish statutes, their assent is unqualified: such is the answer; and this the answer of the seven judges of Ireland given in writing with their names affixed. The other authorities are the opinions of judges given in their books ; one of these opinions is that of • Mr. Justice Blackstone ; a very considerable name : but what are his arguments ? what has this oracle pronounced? namely, that the Parliament of England has settled her own right by her own ipse dixit; she has settled the matter, he says, by the declaratory act of the 6th of George the First ; certainly she has settled the matter for this Rha- damanthus ; but his remark proves only, that the Parliament of England had authority over her judge, but it does not prove that she had authority over Ireland: certainly the judge cannot question the legislature, and therefore ought not in such a case to be an arbiter, and of course is not an authority. Having settled the question by the authority of Parliament, he adds his own reasons: they are worse than that authority: Ireland, he says, is a kind of colony planted by England, and then he rests the right of England on conquest: to which we answer, she is not a colony, she is not a kind of colony; that she was not planted by England, that she was not conquered, and that, if she were, she has compacts, charters, and laws to do away what is called the right of conquest. I must ob- serve, this grave and learned judge does not in this case exert him- self within his own science, craft, or mystery ; he speaks on the history of Ireland and the laws of nations, and is erroneous in both. Next is introduced the thunderbolt of the law, the English Minos — Lord Coke; — a great authority, a friend to liberty, and the principal framer of the Bill of Bights ; but this Leviathan does not combat here in his own waters; he moves in another element; and, though in every element portentous and prepollent, is not omnipotent here: he declares that Ireland is not bound by the English Parliament, and gives his reasons, viz., because she has a parliament of her own, and does not send representatives to the Parliament of England; and then he adds, not bound " except when she is especially named"; which does not, however, remove the force of his reason, but leaves it to act against the exception as well as against the general propo- sition, for she has not, when named, a parliament the less, nor a re- presentative the more : he then quotes a precedent — it is where England bound Ireland when Ireland sent representatives to Eng- land : and he infers from thence, that England can bind Ireland when she does not; and, finally, he rests his opinion on a law which goes to overturn the liberty of his own country as well as of ours — the KIGIITS OF IRELAND. 65 law of conquest. So is Vaugh'an: he sets in the gulf in which his learned brethren, the other lights of the law, are extinguished — the law of conquest : so are they all — they all rest on this law. I have shown that England has no title by the law of nature, no title by the law of covenant, no title by the law of usage ; the best authorities, Locke, Burlemachi, Hooker — independent philosophers — better authority than dependent judges, have pronounced it so. Will she claim by conquest ? It only extends to a certain description of the generation conquered, and it is extinguished by pacts, charters, and laws ; let nae add, that Ireland was not conquered, and supposing her to have been so, I have produced pacts, charters, and laws innu- merable. Further, I beg to say, that the authorities quoted, even those quoted against us, refute the idea of conquest. The judges in Pilkington's case, w r ho allow the prescription for the Irish Parliament, give up the idea of conquest. My Lord Coke himself, who affirms that Ireland has a parliament of her own, precludes the idea of con- quest ; the seven judges of Ireland, who acknowledged that the Irish were a free people, and to be governed only by the common law of England and the statutes of Ireland, preclude the idea of conquest. Henry the Second, who professed to take Ireland by the grant of the Pope, renounced thereby the idea of conquest. He made a covenant with the Irish chieftains ; they acknowledged him their sovereign, and he confirmed to them their petty governments. He made a cove- nant with the English settlers, they swearing allegiance to him, and he communicating to them the laws and liberties of England. " Nothing obtained except in a just war ; no right over the pos- terity of the conquered". Such is Locke. " Conquest cannot give title ; it is a means to obtain ; and that title cannot be good except by the consent, express or tacit, of the people". Such is Burlemachi. "If the people do not voluntarily submit, a state of war exists". Such is Vattal. What says England ? Mr. Pym, in Lord Strafford's im- peachment, speaks as follows : " The law is the safeguard of all pri- vate interests ; without this every man has a right to do everything. And this is the case to which the Irish were reduced by the Earl of Strafford ; and the reason he gave hath more mischief than the thing itself, viz., that they were a conquered nation. There are few nations in the world that have not been conquered ; but if pacts and agree- ments do not restrain that, what people can be free? England hath been conquered, Wales hath been conquered, and by this reason will be little better than Ireland". Thus speaks Mr. Pym. W r hat says the English House of Commons ? It says, " that the realm of Ire- land having been time out of mind annexed to the imperial Crown of 66 EIGHTS OF IRELAND. England, and governed by the same laws, the said Earl being deputy in that realm, to bring His Majesty's liege subjects of that realm into a dislike of his Majesty's government, and intending the subversion of the fundamental laws and settled government of that kingdom, and the destruction of His Majesty's liege people there, did declare and publish — that Ireland was a conquered nation". Thus spoke the English House of Commons. What said the English Parliament ? The bill of attainder is before you. " Whereas the knights, citizens, and burgesses, have impeached Thomas Earl of Strafford for endea- vouring to subvert the ancient and fundamental government of Eng- land and Ireland, and to introduce an arbitrary and tyrannical govern- ment against law in the said kingdoms ; be it enacted that he shall suffer the pain of death". Thus did the Parliament of England act on this question with regard to her minister. How has she acted with regard to her King ? I know it will be said that she revoked the act of attainder : true, she revoked the attainder, but did not restore the doctrine of conquest ; on the contrary, in the face of the law of con- quest, she resolved as follows : " that there is an original compact between the King and the people; that James the Second had broken that original compact, and that the breach of compact, with his other offences, was an abdication of his crown": and she deposed him accor- dingly, and she called on the Irish to aid her in the deposition. Eng- land called on the Irish to shed their blood, and they shed it accor- dingly, in deposing James the Second for having broken his compact with England. Aud will she now break her compact with Ireland, and set up here the law of conquest? Has she attainted the Irish for the treason of aiding James, who broke the original compact with England ? and will she punish the Irish for not aiding England in breaking the compact with themselves ? will she employ her King who owes his crown to one compact to break the other? will she con- fiscate the property of James's abettors in Ireland on the principles of compact, and seize on the liberties of the whole realm on the principles of conquest, and commit herself that very crime ? A pro- digy in the annals of mankind incredible, and an exhibition of the thirst of power in the frenzy of the human race unimaginable I Commit herself that very crime for which she beheaded her minister and deposed her king ! This brings the claim of England to a mere question of force: it is a right which Swift, I think it is Swift, has explained — the right of the grenadier to take the property of a naked man. I add, this man has now gotten back his arms, and begs to get back his property. Thus the question remaining is a question of ability ; and in consider- BIGHTS OF IRELAND. 67 ing this, you are not to contemplate alone the difficulties in your front; yov are to look back too on the strength in your rear. The claim by conquest naturally leads to the subject of the volunteers. You have an immense force, the shape of a much greater, of different religions, but of one political faith, kept up for three years defending the country ; for the government took away her troops and consigned her defence to the people ; — defending the government, I say, aiding the civil power, and pledged to maintain the liberty of Ireland to the last drop of their blood. Who is this body ? the Commons of Ireland ! and you at the head of them: it is more — it is the society in its greatest possible description ; it is the property — it is the soul of the country armed. They — for this body have yet no adequate name — in the summer of 1780, they agree to a declaration of right ; in tiie summer of 1781, they hear that the French are at sea; in the heat and hurricane of their zeal for liberty, they stop ; without delay, they offer to march ; their march waits only for the commands of the Cas- tle : the Castle, where the sagacious courtier had abandoned his miiform, finds it prudent to receive a self-armed association : that self-arnied asssociation this age has beheld : posterity will admire — will wonder. The delegates of that self- armed association enter the mansion of the government, ascend the steps, advance to the pre- sence of the Lord-lieutenant, and make a tender of their lives and fortunes, with the form and reception of an authenticated establish- ment. A painter might here display and contrast the loyalty of a courtier with that of a volunteer ; he would paint the courtier hurry- ing off his uniform, casting away his arms, filling his pockets with the public money, and then presenting to his sovereign naked servitude ; he would paint the volunteer seizing his charters, handling his arms, forming his columns, improving his discipline, demanding his rights, and then, at the foot of the throne, making a tender of aimed alle- giance. He had no objection to die by the side of England ; but he must be found dead with her charter in his hand. Stationed as you are, and placed as you are in relation to the com- munity and these great objects, how do you mean to proceed ? sub- mit, and take the lead in the desertion ? impossible ! The strength which at your back supports your virtue, precludes your apostacy ; the armed presence of the nation will not bend ; the community will not be sold ; nor will a nation in arms suffer the eternal blessing of freedom and renown to depend on the experiment, whether this vil- lain shall be a pensioner, or that pickpocket shall be a peer. Before you decide on the practicability of being slaves for ever, look to America. Do you see nothing in that America but the grave and €3 RIGHTS OF IRELAND. prison of your armies ? and do you not see in her range of territory, cheapness of living, variety of climate, and simplicity of life, the drain of Europe ? — Whatever is bold and disconsolate, sullen virtue and wounded pride ; all, all to that point will precipitate ; and what you trample on in Europe will sting you in America. When Phila- delphia or whatever city the American appoints for empire, sends forth her ambassadors to the different kings of Europe, and manifests to the world her independency and power, do you imagine you will persuade Ireland to be satisfied with an English Parliament making laws for her ; satisfied with a refusal to her loyalty of those privi- leges which were offered to the arms of America ? How will indi- viduals among you like this ? Some of the gentlemen whom I now see in their places, are the descendants of kings ; the illustrious gentleman on the far bench [Mr. O'Hara] ; my illustrious friend near me [Mr. O'Neill] — will they derogate from the royalty of their forefathers, bow their honoured heads, or acknowledge the crown of their ancestors, or more than regal power on the brow of every forty- shilling freeholder in England, or on any front except that of His Majesty ? Are the American enemies to be free, and these royal subjects slaves ? Or in what quality does His Majesty choose to con- template the Irish hereafter? His subjects in Parliament, or his equals in congress ? Submission, therefore, will not do : there remains, then, but one way ; assert the independency of your Par- liament. What do you wait for ? Do you wait for a peace till the volunteer retires, and the minister replies by his cannon ?— the Stag frigate is now in your harbour. Or do you wait for more cala- mities in the fortunes of England, till the empire is a wreck, and the two countries go down together ? or do you delay till Providence, beholding you on your knees, shall fall in love with your meanness, and rain on your servility constitution like manna ? You go to the house of God when you want heat or moisture, and you interfere with God's providence by your importunities. Are the princes of the Earth more vigilant than the Almighty, that you should besiege the throne of mercy with your solicitations, and hold it unnecessary to admonish the King ? Or do you wait till your country speaks to you in thunder ? Let me conclude by observing, that you have the two claims before you ; the claim of England to power, and of Ire- land to liberty : and I have shown you, that England has no title to that power to make laws for Ireland ; none by nature, none by compact, none by usage, and none by conquest ; and that Ireland has several titles against the claims of England ; — a title by nature, a title by compact, and a title by divers positive acts of parliament j RIGHTS OF 'IRELAND. 69 a title by charter, and by all the laws by which England possesses her liberties ; by England's interpretation of those laws, by her renunciation of conquest, and her acknowledgment of the law of original compact. I now move you, That an humble address be presented to His Majesty, to assure His Majesty of our most sincere and unfeigned attachment to His Majesty's person and government. To assure His Majesty that the people of this country are a free people. That the crown of Ireland is an imperial crown, and the kingdom of Ireland a distinct kingdom, with a parliament of her own, the sole legislature thereof. To assure His Majesty, that, by our fundamental laws and fran- chises (laws and franchises which we on the part of the nation do claim as her birth-right), the subjects of this kingdom cannot be bound, affected, or obliged by any legislature, save only by the King, Lords, and Commons of this His Majesty's realm of Ireland, nor is there any other body of men who have power or authority to make laws for the same. To assure His Majesty, that His Majesty's subjects of Ireland conceive that in this privilege is contained the very essence of their liberty, and that they treasure it as they do their lives, and accordingly have with one voice declared and protested against the interposition of any other parliament in the legislation of this country. To assure His Majesty, that we have seen with concern the Par- liament of Great Britain advance a claim to make law for Ireland ; and that this anxiety is kept alive, when we perceive the same Parliament still persists in that claim, as may appear by recent British acts which affect to bind Ireland, but to which the subjects of Ireland can pay no obedience. To assure His Majesty, that, next to our liberties, we value our connexion with Great Britain ; on which we conceive, at this time most particularly, the happiness of both kingdoms intimately de- pends, and which, as it is our most sincere wish, so shall it be our principal study, to cultivate and render perpetual : that under this impression, we cannot suggest any means whereby such connexion can be so much improved and strengthened, as by a renunciation of the claim of the British Parliament to make laws for Ireland — a claim useless to England, cruel to Ireland, and without any founda- tion in law. 70 TRIUMPH OF IRISH INDEPENDENCE. That with a high sense of the magnanimity and justice of the British character, and in the most entire reliance on His Majesty's paternal care, we have set forth our rights and sentiments, and with- out prescribing any mode to His Majesty, we throw ourselves on his royal wisdom. TRIUMPH OF IRISH INDEPENDENCE. April 16, 1782. Mr. Grattan rose, and spoke as follows : I am now to address a free people : ages have passed away, and this is the first moment in which you could be distinguished by that appellation. I have spoken on the subject of your liberty so often, that I have nothing to add, and have only to admire by what Heaven-directed steps you have proceeded until the whole faculty of the nation is braced up to the act of her own deliverance. I found Ireland on her knees, I watched over her with a paternal solicitude; I have traced her progress from injuries to arms, and from arms to liberty* Spirit of Swift ! spirit of Molyneux ! your genius has prevailed ! Ireland is now a nation ! in that new cha- racter I hail her ! and bowing to her august presence, J say, Esto perpetua / She is no longer a wretched colony, returning thanks to her go- vernor for his rapine, and to her king for his oppression ; nor is she now a squabbling, fretful sectary, perplexing her little wits, and firing her furious statutes with bigotry, sophistry, disabilities, and death, to transmit to posterity insignificance and war. Look to the rest of Europe, and contemplate yourself, and be satisfied. Holland lives on the memory of past achievements ; Swe- den has lost liberty ; England has sullied her great name by an attempt to enslave her colonies. You are the only people — you, of the nations in Europe, are now the only people who excite admira- tion, and in your present conduct you not only exceed the present generation, but you equal the past. I am not afraid to turn back and look antiquity in the face : the revolution — that great event, Wj s ether you call it ancient or modern I know not, was tarnished with bigotry : the great deliverer (for such I must ever call the TRIUMPH OF IRISH INDEPENDENCE. 71 Prince of Nassau) was blemished witn oppression ; he assented to, he was forced to assent to, acts which deprived the Catholics of leligious, and all the Irish of civil and commercial rights, though the Irish were the only subjects in these islands who had fought in his defence. But you have sought liberty on her own principle : see the Presbyterians of Bangor petition for the freedom of the Catholics of Munster. You, with difficulties innumerable, with dangers not a few, have done what your ancestors wished, but could not accom- plish, and what your posterity may preserve, but will never equal : you have moulded the jarring elements of your country into a nation, and have rivalled those great and ancient commonwealths, whom you were taught to admire, and among whom you are now to be recorded : in this proceeding you had not the advantages which were common to other great countries ; no monuments, no trophies, none of those outward and visible signs of greatness, such as inspire man- kind, and connect the ambition of the age which is coming on with the example of that going off, and forms the descent and concatena- tion of glory: no, you have not had any great act recorded among all your misfortunes, nor have you one public tomb to assemble the crowd, and s^eak to the living the language of integrity and fieedom. Your historians did not supply the want of monuments ; on the contiaiy, these narrators of your misfortunes, who should have felt for your wrongs, and have punished your oppressors with oppres- sions, natural scourges, the moral indignation of history, compro- mised with public villainy and trembled ; they excited your violence, they suppressed your provocation, and wrote in the chain which entrammelled their country. I am come to break that chain, and I congratulate my country, who, without any of the advantages I speak of, going forth as it were with nothing but a stone and a sling, and what oppression could not take away — the favour of Heaven, accom- plished her own redemption, and left you nothing to add and every- thing to admire. You want no trophy now ; the records of Parliament are the evi- dence of your glory : I beg to observe, that the deliverance of Ireland has proceeded from her own right hand ; I rejoice at it, for had the great requisition of your freedom proceeded from the bounty of Eng- land, that great work would have been defective both in renown and security: it was necessary that the soul of the country should have beeu exalted by the act of her own redemption, and that England should withdraw her claim by operation of treaty, and not of mere grace and ' condescension ; a gratuitous act of Parliament, however 72 TRIUMPH OF IRISH INDEPENDENCE. express, would have been revocable ; but the repeal of her claim under operation of treaty is not : in that case, the legislature is put in covenant, and bound by the law of nations — the only law that can legally bind Parliament. Never did this country stand so high. Eng- land and Ireland treat ex aequo. Ireland transmits to the King her claim of right, and requires of the Parliament of England the repeal of her claim of power, which repeal the English Parliament is to make under the force of a treaty which depends on the law of nations — a law which cannot be repealed by the Parliament of England. I rejoice that the people are a party to this treaty, because they are bound to preserve it. There is not a man of forty shillings free- hold that is not associated in this our claim of right, and bound to die in its defence; cities, counties, associations, Protestants and Catholics ; it seems as if the people had joined in one great national sacrament ; a flame has descended from Heaven on the intellect of Ireland, plays round her head, and encompasses her understanding with a consecrated glory. There are some who think, and a few who declare, that the asso- ciations to which I refer are illegal : come, then, let us try the charge, and state the grievance. And first, I ask, What were the griev- ances ? an army imposed on us by another country, that army ren- dered perpetual ; the privy-council of both countries made a part of our legislature ; our legislature deprived of its originating and pro- pounding power ; another country exercising over us supreme legislative authority ; that country disposing of our property by its judgments, and prohibiting our trade by its statutes : these were not grievances, but spoliations, which left you nothing. When you contended against them, you contended for the whole of your con- dition ; when the minister asked, by what right ? we refer him to our Maker : we sought our privileges by the right which we have to defend our property against a robber, our life against a murderer, our country against an invader, whether coming with civil or military force — a foreign army, or a foreign legislature. This is a case that wants no precedent ; the revolution wanted no precedent ; for such things arrive to reform a course of bad precedents, and, instead of being founded on precedent, become such : the gazing world, whom they come to save, begins by doubt and concludes by worship. Let other nations be deceived by the sophistry of courts : Ireland has studied politics in the lair of oppression, and, taught by suffering, comprehends the rights of subjects and the duty of kings. Let other nations i i agine that subjects are ma e for the monarch ; TRIUMPH OF IRISH INDEPENDENCE. 73 but we conceive that kings, and parliaments like kings, are made for the subjects. The House of Commons, honourable and right honourable as it may be ; the Lords, noble and illustrious as we pro- nounce them, are not original, but derivative. Session after session they move their periodical orbit about the source of their being, the nation ; even the King's Majesty must fulfil his due and tributary course round that great luminary ; and, created by its beam and upheld by its attraction, must incline to that light, or go out of the system. Ministers, we mean the ministers who have gone out (I rely on the good intentions of the present), former ministers, I say, have put questions to us ; we beg to put questions to them. They desired to know by what authority this nation has acted. This nation desires to know by what authority they have acted. By what authority did Government enforce the articles of war ? By what authority does Government establish the post-office ? By what authority are our merchants bound by the charter of the East India Company ? By what authority has Ireland for near one hundred years been de- prived of her export trade? By what authority are her peers de- prived of their judicature ? By what authority has that judicature been transferred to the peers of Great Britain, and our property in its last resort referred to the decision of a non-resident, unauthorized, and unconstitutional tribunal ? Will ministers say it was the au- thority of the British Parliament ? On what ground, then, do they place the question between the Government on one side, and the volunteers on the other ? According to their own statement, the Government has been occupied in superseding the lawgiver of the country ; and the volunteers are here to restore him. The Govern- ment has contended for the usurpation, and the people for the laws. His Majesty's late ministers imagined they had quelled the country when they had bought the newspapers; and they represented us as wild men, and our cause as visionary; and they pensioned a set of wretches to abuse both: but we took little account of them or their proceedings, and we waited and we watched, and we moved, as it were, on our native hills, with the minor remains of our parliamentary army, until that minority became Ireland. Let those ministers now go home, and congratulate their king on the redemption of his peo- ple. Did you imagine that those little parties whom three years ago you beheld in awkward squads parading in the streets, should have now arrived to such distinction and effect ? What was the cause ? for it was not the sword of the volunteer, nor his muster, nor his spirit, nor his promptitude to put down accidental disturbance or 74 TRIUMPH OF IRISH INDEPENDENCE. public disorder, nor his own unblamed and distinguished deportment. This was much; but there was more than this: the upper orders, the property, and the abilities of the country, formed with the volun- teer ; and the volunteer had sense enough to obey them. This united the Protestant with the Catholic, and the landed proprietor with the people. There was still more than this; there was a continence which confined the corps to limited and legitimate objects; there was a principle which preserved the corps from adultery with French poli- tics ; there was a good taste which guarded the corps from the affbc- tion of such folly : this, all this, made them bold ; for it kept them innocent, it kept them rational: no vulgar rant against England ; no mysterious admiration of France ; no crime to conceal — no folly to be ashamed of. They were what they professed to be ; and that was nothing less than the society asserting her liberty according to the frame of the British constitution, her inheritance to be enjoyed in perpetual connection with the British empire. I do not mean to say that there were not divers violent and un- seemly resolutions; the immensity of the means was inseparable from the excess. Such are the great works of nature; such is the sea: but, like the sea, the waste and excess were lost in the advantage : and now, having given a parliament to the people, the volunteers will, I doubt not, leave the people to Parliament, and thus close, specifi- cally and majestically, a great work, which will place them above censure and above panegyric. These associations, like other insti- tutions, will perish : they will perish with the occasion that gave them being, and the gratitude of their country will write their epi- taph, and say : " This phenomenon, the departed volunteer, justified only by the occasion, the birth of spirit and grievances, with some alloy of public evil, did more public good to Ireland than all her institutions; he restored the liberties of his country, and thus from the grave he answers his enemies". Connected by freedom as well as by allegiance, the two nations, Great Britain and Ireland, form a constitutional confederacy as well as one empire ; the crown is one link, the constitution another ; and, in my mind, the latter link is the more powerful. You can get a king anywhere, but England is the only country with whom you can participate a free constitution. This makes England your natural connexion, and her king your natural as well as your legal sovereign. This is a connexion, not as Lord Coke has idly said, not as Judge Blackstone has foolishly said, not as other judges have ignorantly said, by conquest; but, as Molyneux has TKIUMPH OF IRISH INDEPENDENCE. 75 said, ami as I now say, by compact; and that compact is a free constitution. Suffer me now to state some of the things essential to that free constitution; they are as follow: the independency of the Irish Parliament; the exclusion of the British Parliament from any authority in this realm; the restoration of the Irish judicature, and the exclusion of that of Great Britain. As to the perpetual mutiny bill, it must be more than limited — it must be effaced; that bill must fall, or the constitution cannot stand; that bill was originally limited by this House to two years, and it returned from England without the clause of limitation. What ! a bill making the army indepen- dent of Parliament, and perpetual! I protested against it then, I have struggled with it since, and I am now come to destroy this great enemy of my country. The perpetual mutiny bill must vanish out of the statute book. The excellent tract of Molyneux was burned— it was not answered; and its flame illumined posterity. This evil paper shall be burned, but burned like a felon, that its execution may be a peace-offering to the people, and that a declara- tion of right may be planted on its guilty ashes : a new mutiny bill must be formed after the manner of England, and a declaration of right put in the front of it. As to the legislative powers of the Privy Councils, I conceive them to be utterly inadmissible, against the constitution, against the privileges of Parliament, and against the dignity of the realm. Do not imagine such power to be theoretical ; it is in a veiy high degree a practical evil. I have here an inventory of bills altered and in- jured by the interference of the Privy Councils ; money bills origi- nated by them, protests by the Crown in support of those money bills, prorogation following these protests. I have here a mutiny bill of 1780, altered by the Council, and made perpetual ; a Catholic bill in 1778, where the Council struck out the clause repealing the test act ; a militia bill, where the Council struck out the compulsory clause requiring the Crown to proceed to form a militia, and left it optional with His Majesty's minister whether there should be a mi- litia in Ireland. I have the money bill of 1775, where the Council struck out the clause enabling His Majesty to take a part of our troops for general service, and left it to the minister to withdraw the forces against act of parliament. I have to state the altered money bill of 1771, the altered money bill of 1775, the altered money bill of 1780: the day would expire before I could recount their ill - doings. I will never consent to have men (God knows whom), ecclesiastics, etc., etc., men unknown to the constitution of Parlia- ment, and known only to the minister, who has breathed into their 76 TRIUMPH OF IRISH INDEPENDENCE. nostrils an unconstitutional existence, steal to their dark divan to do mischief and make nonsense of bills, which their Lordships, the House of Lords, or we, the House of Commons, have thought good and fit for the people. No ; those men have no legislative qualifica- tions; they shall have no legislative power. 1st, The repeal of the perpetual mutiny bill, and the dependency of the Irish army on the Irish Parliament. 2nd, The abolition of the legislative power of the Council. 3rd, The abrogation of the claim of England to make law for Ireland. Ath, The exclusion of the English House of Peers, and of the English King's Bench, from any judicial authority in this realm. 5th, The restoration of the Irish Peers to their final judicature. The independency of the Irish Parliament in its sole and exclusive legislature. These are my terms. I will take nothing from the Crown. Mr. Grattan then moved, by way of amendment : That an humble address be presented to His Majesty, to return His Majesty the thanks of this House for his most gracious message to this House, signified by His Grace the Lord-lieutenant. To assure His Majesty of our unshaken attachment to His Majes- ty's person and government, and of our lively sense of his paternal care in thus taking the lead to administer content to His Majesty's subjects of Ireland. That, thus encouraged by his royal interposition, we shall beg leave, with all duty and affection, to lay before His Majesty the causes of our discontents and jealousies. To assure His Majesty that his subjects of Ireland are a free people. That the crown of Ireland is an imperial crown inseparably annexed to the crown of Great Britain, on which connection the interest and happiness of both nations essentially depend : but that the kingdom of Ireland is a distinct kingdom, with a parliament of her own — the sole legisla- ture thereof. That there is no body of men competent to make laws to bind this nation except the King, Lords, and Commons of Ire- land; nor any other parliament which hath any authority or power of any sort whatsoever in this country, save only the parliament of Ireland. To assure His Majesty, that we humbly conceive that in this right the very essence of our liberties exists ; a right which we, on the part of all the people of Ireland, do claim as their birth-right, and which we cannot yield but with our lives. To assure His Majesty that we have seen with concern certain claims advanced by the Parliament of Great Britain, in an act enti- TRIUMPH OF IRISH INDEPENDENCE. 77 tied " An act for the better securing the dependency of Ireland": an act containing matter entirely irreconcilable to the fundamental rights of this nation. That we conceive this act, and the claims it advances, to be the great and principal cause of the discontents and jealousies in this kingdom. To assure His Majesty that His Majesty's Commons of Ireland do most sincerely wish that all bills which become law in Ireland should receive the approbation of His Majesty under the seal of Great Britain ; but that yet we do consider the practice of suppres- sing our bills in the council of Ireland, or alteriug the same any- where, to be another just cause of discontent and jealousy. To assure His Majesty that an act entitled "An act for the better accommodation of His Majesty's forces", being unlimited in duration, and defective in other instances, but passed in that shape from the particular circumstances of the times, is another just cause of discon- tent and jealousy in this kingdom. That we have submitted these, the principal causes of the present discontent and jealousy of Ireland, and remain in humble expecta- tion of redress. That we have the greatest reliance on His Majesty's wisdom, the most sanguine expectations from his virtuous choice of a Chief Governor, and great confidence in the wise, auspicious, and constitu- tional councils which we see with satisfaction His Majesty has adopted. That we have, moreover, a high sense and veneration for the British character, and do therefore conceive that the proceedings of this country, founded as they were in right, and tempered by duty, must have excited the approbation and esteem, instead of wounding the pride, of the British nation. And we beg leave to assure His Majesty, that we are the more confirmed in this hope, inasmuch as the people of this kingdom have never expressed a desire to share the freedom of England, without declaring a determination to share her fate likewise, standing and falling with the British nation. 78 SIMPLE REPEAL. July 19, 1782. On the 17th Mr. Flood expressed himself dissatisfied with what had been done regarding the independence of the country. He said that his object was to obtain legal security ; he gave notice that he would bring forward a question on the subject on the 19th, and this day he made his promised motion. He reca- pitulated the arguments that he had used before, and considered that legal security was the best security that could be obtained. The crowns of the two kingdoms were already united by an Irish law, declaring that whoever wore the imperial crown of England should also wear the imperial crown of Ireland : his object now was, to secure the rights of Parliament as well as those of the Crown, as he thought the late transactions totally inadequate to the security of the rights of Ireland ; the 6th of George the First was a declaratory law ; and a declaratory law only stated what the law previously was, but did not enact a new law, and therefore left the law as it stood before : he accordingly moved, " That leave be given to bring in heads of a bill for declaring the sole and exclusive right of the Irish Parliament to make laws in all cases whatsoever, internal and external, for the kingdom of Ireland". This was supported by Mr. English, Mr. Brown, and Mr. Walsh ; it was strongly opposed by Mr. Bagenal, Mr. Brownlow, Mr. Ogle, Mr. Bushe, Mr, Hartley, and Mr. Yelverton ; they said that Mr. Flood had very properly called it the shadow of English legislative authority, and that his bill would go to admit, that the right to legislate for Ireland had existed in England, and to deny that the right of self-legislation was inherent in Ireland. The ablest lawyers were of opinion that the repeal of the Gth of George the First was sufficient ; Mr. Flood himself had admitted it by bis votes of the 16th of April and 27th of May ; that it was idle to call for the re- nunciation of a power that was abandoned ; the bill which he suggested was a most injurious measure; it went to excite discontent and create doubts when the people were satisfied, when a universal joy existed throughout the country, and after they had obtained all that England could give, and all that Ireland had demanded. Mr. Grattan rose, and said : I wish the subject had not been re- newed. Whatever was the original question, that question exists no longer ; to renew it makes this House the theatre of envy, ostenta- tion, and egotism, and wastes the public time by reviewing a subject which liberty does not determine, because liberty did not excite, and which is continued by the passions that engendered it — rancour and disappointed ambition. I enter on it, therefore, with peculiar reluctance, but with this justification, that, were I to decline the question, I should betray the defence — the defence of myself and others, who took an early, active, and uniform part in the recovery of your liberties, when those who have been clamorous of late were silent. SIMPLE REPEAL. 79 I will state why this House and the whole nation did at first ex- pect that Great Britain should relinquish her claim of legislative supremacy over the kingdom of Ireland, by the repeal of the act wherein that claim was advanced, namely, the 6th of George the First, because this act contained the principle expressly, because the act of course put the claim in issue, because the repeal was then the natural and technical manner of doing away the claim. (fentlenien will please for a moment to recur to four very im- portant periods, first, when Mr. Eden, in the British House of Com- mons, moved for a repeal of the 6th of George the First, without a preamble, and with a reserve of that part which went to the judica- ture. Mr. Eden was in fact no longer secretary ; his friends were no longer ministers : he went to England to give to the fallen, and to take from the new ministry the glory of relinquishing the legislative supremacy of England over Ireland ; and what method did he take ? — Repeal without preamble. It has been said, that the repeal was not argued on the principle. The assertion is totally unfounded : almost every man of eveiy party spoke on that day who speaks on any day ; and they argued the motion on the principle only. " He is come over post (they said), to cede the dearest rights of the British nation". How ? By the repeal — repeal without preamble. Nobody then said it was doing nothing; no man on either side said so: the proposition was received in the British House of Commons, as the account of it was received by the Irish nation — as a proposition to cede the legislative poAver of England over the kingdom of Ireland : the principle was thus conceived to be put in issue. The next period to which I refer was a few weeks after this motion ; the 16th of April, 1782. I remember well the debates of that day: I ventured to recite a certain list of measures ; I have that identical paper now in my hand, from one tittle of which I have not departed. Such a modification of the law of Poynings as took froni one Council the power to suppress, and from both the power to alter Irish bills ; a mutiny bill limited to two years, with the articles of war recited, and the declaration of right prefixed ; the restoration of final judica- ture, both at law and equity ; the repeal of the 6th of George the First in toto. Did any man then say that the repeal would do nothing ? Has any man who sat silent then, a right to tell us, that the repeal did nothing? but of all, that man who afterwards said, " the repeal liberated the hands of the king", — expressly in so many words — " liberated the hands of the king" ? Has any man a right to sit on the watch, and wait the event of measures with a malignant reserve, 80 SIMPLE REPEAL. if measures fail, to condemn their extravagance ; and if they succeed, to exclaim at their inadequacy ? Did any man then talk of renun- ciation ? Had any man then said that an express renunciation was necessary, why then, indeed, some further clause might have been pressed — not to give you liberty, but to prevent such a man from giving you discontent, after others had given you liberty. But no such objection was made ; the repeal was stated tlmn as the mode of doing away the claim of England ; and in that mode there was a most entire acquiescence. I come now to the third period, the 17th of May. When the repeal w^as proposed by Mr. Fox in the House of Commons, it was a general debate, and every man admitted that repeal was a derelic- tion of the power. Those who had before in high strain asserted the authority of the British Parliament over Ireland, read their re- cantation then • Mr. Fox was much misrepresented ; he argued on the principle entirely ; he ceded the authority as entirely, in as ex- press terms as the declaratory act had maintained it : he did not re- serve external legislature : he said no such thing : he said that the Parliament of England might have so exercised its legislative authority over Ireland in external cases to serve the empire at large, but had abused her power in external as well as internal cases : he never made two distinct rights, one internal and the other external; nor conceived external cases as any else but the exercise of one and the same principle of legislation, which, he said, was not founded in natural right. I have heard accounts of the debate from many of the Irish then present, and all have united in the account I have stated. Mr. Fox published an address to the freeholders of Westminster about the time of the repeal, and defending the propriety of acknow- ledging the independency of America, he writes: "See the advantage you have reaped from acknowledging the independency of the Irish Parliament : she gave you 20,000 seamen". Mr. Fox, in his speech on the Jurisdiction Bill, asserted the same principle. Lord Lough- borough spoke also in this debate : he opposed the repeal ; he gave his reason, "because the authority of the British Parliament fell by it" — by it fell the act of navigation, and several others formerly enacted by the British Parliament over the Irish realm. I do not state these as records, but as facts ; and I am the more warranted to state these debates, because they have been misstated as facts, and then argued from as records, and conclusions drawn as impudent as the stating was disingenuous ; but if debates are an illustration at all of law, that illustration should arise from a true, not a fallacious account of them. blMPLE REPEAL. 81 I now come to the fourth period — when the account came that the 6th of George the First was to be repealed, and the resolutions of Mr. Fox and the Earl of Shelburne were transmitted. You have not forgotten the joy of that moment, nor the anxiety of the moment before, when reports were circulated, and when doubts were entertained, whether we had not asked too much, chiefly by those who were afterwards ready to say we had asked too little. Let me suppose at that moment I had opposed the general sentiment, and on the 27th declared that the repeal did nothing; I appeal to the candour of gentlemen, whether they would not have left me in a wretched minority ? Would they not have said, that by calling for express renunciation or express recognition, you bring on a question of original right, about which we cannot agree, and you embarrass the question of present liberty, about which we are agreed ? Would they not have added, that the restoration of final judicature made it a matter of still less consequence whether England expressly renounced the claim of making law for us, because Ireland became the only judge of what law bound her ? that the final judicature in the Irish Parliament was a constant subsisting living security against the legislative claims of Great Britain, and rendered the dead security of a renunciation nominal ? and that, by refusing to accept of the repeal, we stopped a system of measures, mutiny bill, etc., etc., and risked the living security for the dead letter ? that if express renun- ciation were eligible words, they would follow things, and a more flattering form would come after the substance ? Would not gentle- men have added, that this nation would not be committed every day, nor the public mind, already thrown into a fever, tortured once more ? But the question was tried : the objection to the repeal was started on the 27th, when it appeared that the objection was relied on by two only ; some, who have been more loud since, were silent on this subject then, and vanished. I did most heartily acquiesce in the opinion of an almost unanimous House. It is easy now for men to express their zeal when the difficulty is over, and to contend for us on the ground which we have made for them. They who lamented the bringing on a declaration of right, may, after that declaration and after the repeal, call for a renuncia- tion: when the breach is made, the coward may enter, and is most likely to be the most licentious, but his activity is a proof that the business is done, and the danger is over. It is necessary, before I proceed farther, to take notice of a pam- phlet attributed to a noble lord in the English House of Commons, 82 SIMPLE REPEAL. and addressed to a high-spirited corps of volunteers, on the legal subject of repeal and renunciation. The whole of the pamphlet may he reduced into two positions ; one of them is as follows : That if a renunciation had been asked by those who had authority to do so on the part of Ireland, it had been acceded to. What renunciation? not a disclaimer of the right ; the author does not attempt to say it, nor could he say it with truth ; for the fact is notoriously otherwise, that renunciation could not have been obtained then, nor have you obtained it now : no ; but the author states an act of the British Parliament, renouncing her right to bind Ireland; her right, a renun- ciation which you would refuse. His first position then amounts to this, that England was ready to give what you would not and ought not to have accepted. His second proposition states, that the second resolution, declaring that the connexion of the countries ought to be placed on a solid base, intended as follows: That Great Britain would secure by acts of her own the liberties of Ireland, and in the meantime would prove her sincerity by the repeal. This is not founded; it is a strange concep- tion; England may covenant to restrain her usurpation by her acts, but England cannot by her acts secure our liberties : but England had no such idea. The second resolution intended a treaty between the two countries, with a view to secure their cooperation in peace and war, and the foundation of that resolution, the necessity of some combining power. The control of the British Parliament being at an end by the repeal, the motion did not mean to secure the liberty of Ireland by further acts, but her union ; her dependency being at an end by the repeal, and a congress or treaty being rendered expe- dient as a substitute for a power that was no more, that scheme died in its difficulties. I ask pardon for taking up so much of your time on the subject of an electioneering pamphlet. My apology is, that I have reduced the whole to two positions; a fallacious security, and an unfounded as- sertion. I shall be always happy when the corn-tiers of the crown become courtiers of the people: it is a proof of your strength, if not of their sincerity, crepat ingens Sejanus — idem popidus, hcec ipsa Sejanum dicerit hora Augustum; it is a decided signal of your triumph, when you behold the old servants of the court among the worshipping cap- tives of the people. The people of Lisbum have shown admirable sense on this occasion: they took the noble advocate for liberty at his word, thanked him for his services, applauded him for his zeal, and turned him out of his borough and his couuty. I have heard of SIMPLE REPEAL. 83 many practical jokes, but I never heard of one that more abounded in justice. I have stated the reason why the mode of relinquishment was by repeal. I shall now trouble you with a few observations on that mode : and first, I must observe, that the question has been falsely stated. The repeal has been called simple: nothing can be more false ; the records of both countries give the lie to such a statement : it was hazarded, in the first instance, with much effrontery; that gabble was afterwards circulated with industry, and became the ready cant in every wretched and ignorant publication. The repeal is not simple ; the messages of the King and the resolutions of the English Parliament, the addresses of the Irish Parliament, and the resolutions of the British, are, of necessity, connected with it, and make it a part of a great and manifold transaction. First, a message from the King to the respective Houses of the British Parliament, stating that certain discontents had prevailed in Ireland, and proposing them to then* most serious deliberation. Secondly, the. message of the King to the respective Houses of the Irish Parliament, desiring to know the causes of then discontents and jealousies. Thirdly, the address of the Lords and Commons of Ireland, pro- testing against the claim of legislative power in the British Parlia- ment, and the act wherein that claim was declared as the principal cause. Fourthly, a message from His Majesty to the respective Houses of the British Parliament, referring that protest of Ireland to the consi- deration of the Parliament of England. Fifthly, a motion in the respective Houses of the British Parlia- ment, referring that protest to then committees appointed to sit on the affairs of Ireland. Sixthly, the report of these committees thereupon, that the 6th of George the First ought to be repealed. Seventhly, the message of His Majesty to the respective Houses of the British Parliament, informing you that he had referred your pro- test to the Parliament of Great Britain. And lastly, copies of the English resolution, that the 6th of George the First should be repealed; laid before you by His Majesty's command. This is the transaction which has been called simple, and every part of it is a record: — the message of the King to his English Par- liament, to consider the state of Ireland, is a record. The laws of England are not the measure in this case, nor are they 84 SIMPLE REPEAL* admissible, for a variety of reasons ; they are the peculiar custom of England to be explained by her judges, who are under the control of her Parliament: this standard is local, and therefore not presumed to be known any where else, and therefore not promulgated, and, of course, defective in the essence of law; it is dependent on the expla- nation and comment of the party, and therefore arbitrary and partial ; it is dependent on her explanation of the science of her own laws ; a subject in whose inscrutable mysteries she has the greatest latitude for her partialities ; its extent is the realm of Great Britain ; its du- ration the will of her Parliament. I say, the municipal law of Eng- land is a standard inadmissible, for it is the peculiar science of that country, subject only to her own comment; and to refer a covenant between Ireland and England to such a standard, would be to refer it to herself — to herself in her most questionable character — the mystery of her law, and the subtlety of her lawyer. Let me suppose the French Court should refer a treaty with Eng- land for the opinion of the judges of France, to be measured by the principles of the law of France. Would not England exclaim, "We do not understand your laws, nor their principles, nor do we submit to their authority"? Let me suppose the law of Ireland to be as different from that of England, as the law of England differs from that of France ; would you, in that case, refer a treaty or compact between Great Britain and Ireland to be governed and explained by the law or the lawyer of England — a law differing from your own, and unintelligible to you ; or would you refer it to the laws of Ireland ? The laws of Ireland will tell you, that England never had any right, and that the 6th of George the First was not declaratory of law, but declaratory of robbery under the name of statute: so that the laws of one coun- try would tell you, that the right had never an existence, as those of the other might tell you, it never could have an end, at least, except so long as the Parliament was so pleased, "against whose will and power you meant to provide. To whom then refer it? to the judges? What judges? The judges of England do you say ? They will tell you, that the power of Parliament cannot be bound by statute law, and that they are no judge of the law of nations. Will you refer it to the judges of Ireland? Would England agree that a transaction in which she has a joint concern should be referred to the judges of Ire- land? If you do refer to them, they will tell you, I know they will tell you, that England has recognized your rights by the repeal; so that your judges would be discordant in their respective partialities and SIMILE REPEAL. 85 fears; the Irish attached to the liberty of Ireland, the English to the power of Great Britain. Therefore, I say, a covenant of this sort is not to be adjudged by cither the municipal laws of the respective countries, nor the municipal judges, neither by the local custom nor the partial commentator. The municipal law, or the principles of the municipal law, are no standard ; but the law of nations is : it is known to both countries, supersedes the particular customs of both nations, binds the respective states with regard to each other ; is above their judges, and above the legislature: the Parliament makes the municipal law, but is itself bound by the law of nations : it is, with respect to the municipal law, the law maker, the sovereign ; with respect to the laws of the nation, the subject ; it is bound by faith, though it cannot be bound by statute. This is more irresistible when you consider the principle of the municipal law r of England, which is the omnipotence of her Parliament. From hence it follows, that there is no principle in that law which can secure you against the Parlia- ment of England : if its omnipotence has a limit, that limit is found in another supposed principle still more hostile to you — that Parlia- ment cannot cede the fundamental rights of England, such as her supremacy over you was conceived by her to have been. From hence it follows, that by the municipal law of England, you cannot have a lasting, and may not perhaps have a momentary, security against her Parliament : the standard, therefore, is not the municipal law, but the law of nations. Your legal security is not repeal, nor renunciation, nor recogni- tion, nor the laws of England, but the laws of Ireland; your seenrity consists in, that you are not dependent for liberty on the laws of England or the Parliament of England ; your legal security is, that you do not require legal security in the Parliament of Eng- land, and have nothing to do with her judges or their comments, nor dependent on the laws, construction, comment, power, or quibble of a foreign land. Your legal security is the law of Ireland ; the repeal has given every moral security, that on the part of England the laws of Ireland will not be invaded by the power of England : this assurance from England we measure by jthe law of nations, which binds Parliament : we know that no statute can bind Parlia- ment : but the law of nations may : we know an English judge may comment away the force of statute ; but the law of nations is, like the contracting nations, above him ; we therefore do not measure the transactions whereby England does away her claim by any such standard, but by another, a higher — the law of nations, which does nut depend on the riddle of the common law, nor the comment of 5 86 SIMPLE REPEAL. the judges, nor the will of the legislature, but is above them all, and above the states to which such things are subject. It has been unfortunate that a certain trick of expression, with- out foundation in things, " simple repeal ", " remote and dubious construction", "legal security", "unequivocal emancipation", things either inapplicable or inadmissible, should, with a glib expedition and easy jingle, have run through the mouths of several. The chime of artificial words, the gabble of a party, running off the tongue with- out touching the intellect, and constantly dinned into the public ear, were received as oracles of truth, when they should have been rejected as watch-words of rancour and symbols of party. They who fell under the influence of these words, they who talk of simple repeal, rejected a material part of the transaction to argue falsely upon the remainder ; they rejected that part which made the trans- action a treaty, that by its nature bound the British Parliament, and confined themselves to the legal part, which, by its nature, could not bind the legislature ; they simplified Ireland totally out of the trans- action ; they simplified the law of nations and the faith of nations totally out of the transaction ; they simplified every thing into clauses of the British statute, whose operation could not bind the British Parliament, against whom your claims were directed, except by taking into consideration those Irish transactions which they, in their temerity, called "transitory", and which they in particular rejected, and except by taking into consideration the law of nations and of treaties, which they despised. They called for legal security : like slaves, they desired manumis- sion from the British Parliament : moriatur frigore ni reduces pan- num. Away with doubtful construction and inexplicit security ! We are enslaved unless we are freed by an English act of Parliament ! Away with the charters of Ireland, and the distinct inherent rights of the land : let us have the English Parliament expressly legalize the independency of the Parliament of Ireland ; establish the liberty of Ireland by virtue of an English act ! Away with the flimsy bubble, security of a covenant between nation and nation ! let us bind the Parliament of England by its laws ! Such men, while they think they are committing the very ex- cesses of liberty, talk in the very sense and spirit of slavery ; they neither are free, nor can they be free : for, as they will admit of no legal security except in the laws of another nation, they are to that nation tenants-at-will for liberty, not freemen : men manumitted, with a power of revocation reserved to the ancient lords ; and there- fore their imaginary condition of liberty is of as abject and base a SIMPLE REPEAL. 87 tenure as their metaphysical arguments are absurd. The reason why they argue so is, that their mind has not grown to their con- dition ; they do not feel that Ireland is a nation, though they talk at random about her liberty, accustomed to think that Great Britain had a right, though, in talk, they denied it. Bred, perhaps, under the lore and influence of Westminster-hall, and those false oracles on Irish subjects, which you have silenced, the old superstitions of a per- nicious and naiTOw education still hung about them ; the rapid progress of the country had outrun them, and they felt like the sub- jects of a province when Ireland became a nation : they therefore still plod back again to the quibble and comment of their ancient guides and oppressors, who had cramped their youth, and were de- luding their understanding. "What! the opinion of Westminster! that England may make law for any country she can conquer". The idea of coordinate nations, or of measuring a transaction between England and Ireland by any but the municipal maxims of the superior, was above them : the Irish charter, like happiness, was in their hand, but they did not know it : they went to Westminster to look for it. The honourable member held out a false standard in the principles of the municipal law, and having held out a false security in the laws of England, attacks the only security the nature of the ca^e admits of — the faith of nations ! He attacks it with the habits of declamation : what is it but to perpetuate warfare, an everlasting appeal to Heaven ? What the ethics of the member may be I know not ; but this I know, that the good faith which he repudiates is the great bond of civil society, and the only bond of nations. What is it that preserves peace for an hour, but the faith of nations ? What preserves all the treaties of the globe, but the faith of nations ? The faith of nations is supported and enforced by a sense of interest : a nation noted for infidelity can have no alliances, no credit, no strength : between nation and nation, character is power ; between man and man, the honourable gentleman knows that a w r ant of cha- racter is weakness. But he has found out two species of security for Irish liberty, very different indeed from faith, and very weak in themselves : the one is, the liberality of England ; the other, her law ; and he argues very gravely on both ; he reduces your safety to a dilemma, and gives this gross and weak conception the form and affectation of logic. " You had but two ways to proceed : to rely on the liberality of England, and suffer the declaratory act to re- main, or take legal security"; and on the legs of this hungrv dilemma he stands a Colossus in argument. That the liberality of 88 SIMPLE REPEAL. England is a security for liberty, is a position too absurd and des- picable to be answered ; that the statute law of England is a control on the Parliament of England, and a legal security for the liberties of Ireland against the Parliament, is a position which has already been answered and exposed : both the positions answer themselves ; the term liberality precludes security ; and the term law imports a legal dependence upon, and not a security against, the law maker : so both the legs of the dilemma are struck away ; the honourable member must descend. He has still a halt in a distinction where he asserts that legal security cannot be had between unconnected nations, but may be had between nations connected by civil govern- ment. The grounds of this distinction he is not pleased to discover; but we must suppose, by the words, countries connected by civil government, he means dependent, like Guernsey on England, or independent of each other, like England and Ireland. If the former, his observations do not apply ; and if the latter, to state the connec- tion will be sufficient to show that the consequence he has stated does not proceed from it : the connexion in question is, the annex- ation of the crown, but the legislatures are distinct and independent. Now, if the member means, that the Parliament of England can in anywise affect Ireland by the legal operation of its laws, or if he means, that the Parliament of England cannot repeal an English act affecting to give legal security to Ireland, because the king is the same, he argues in both equally wrong and equally illogical. Does the annexation of the crown, which is the connection by her civil government, give the Parliament of England authority over Ireland ? or does it take from that Parliament its authority over Eng- land — the power of repealing its own laws ? How then does legal security exist in the connection — a connection which leaves Ireland incapable of being affected by the statutes of England, and leaves England perfectly free to repeal them ? I think I have shown the folly of that argument which measured the transaction of 1782 by principles of municipal law, and which would make a legal security for Ireland under the statute law of England ; and this transaction, when measured by what is the real measure, and what, if liberty had been the original principle, would have been the measure, no man can deny to have been, on the part of England, a complete dereliction. The Irish nation protest against the claim of supremacy ; England considers the protest, and then repeals the act declaratory of that claim ; such a repeal is an assent to your protest. What clause in an act could be more express or memorable than such a national SIMPLE REPEAL. 89 compact ? Parliaments may repeal laws ; kings have invaded clear and express laws ; but when laws have been environed and sancti- fied by a revolution, kings do not choose to meddle with them : the solemnity of the transaction gives a security to the law : a national compact between Great Britain and Ireland is higher than law, more awful, and the breach of it more dangerous ; for transactions are understood by men who cannot understand law. The national con- vention being made in 1782 to remove the discontents of Ireland, by relinquishing the supremacy of the British Parliament, the revi- val of the power is a breach of which every man can judge, without resorting to the laws or lawyers of England ; and the nation would rise as one man, not on the point of law, but of fact. I do acknow- ledge, that this security is not impregnable ; there is one body that might shake it ; the Irish themselves ; England could not ; but Ire- land might waive the covenant, and then England is free ; and when a party in this country pervert the sense of that covenant, they make the mischief they affect to tremble at ; they endeavour to ren- der your condition as uncertain as possible, and the faith of England as low as possible, and there they leave you. It was mischievously said, that England was now free to bind Ireland ; it was said with all the affectation of enthusiasm, and the real spirit of rancour ; it was said, that if she did, she would find an advocate. The very per- sons who asserted that the repeal did nothing, refuted their own arguments, falsified their own assertions, and discovered their real sentiments, by acknowledging that it liberated the hands of the King to pass a declaration of right, denying the supremacy of the British Parliament. I now come to the last ground, that the judicature was not sur- rendered by an English act. Before I proceed on this head, let me state the difficulties. The claim of judicature was a surprise on both kingdoms. Ministry, prepared for a volume of grievances, were not prepared for that requisition. Several of the gentlemen of this country were afraid of the experiment — afraid, lest the judicature should be refused — afraid, lest it should be abused, and the collec- tive body of the nation had not stirred the subject. Since the point is obtained, the difficulty is forgotten. Notwithstanding the difficulty, I was determined never to yield that point ; for, carrying that point, you made yourselves the sole and exclusive judges of the pretensions of the British Parliament, and, of course, rendered those pretensions totally nugatory : you became the repository of your own charters ; and until you proved false to yourselves, they could not be taken from you. The judicature being restored, I am condemned, because CO SIMPLE REPEAL. it was not restored by an English act of Parliament. My answer is, that an Irish act was necessary and competent ; necessary, because the practice of Ireland had been long to appeal to England, and the property of the kingdom dependent on the legislation of that past prac- tice ; and, as we thought the interposition of the Irish necessary, we thought it expedient. What is your claim of right ? That you are the only body competent to make law for this realm in any case whatsoever. If competent in any case whatsoever, are you not com- petent in this — competent to regulate your courts of justice ? I, therefore, thought an Irish act, in point of law, adequate ; and I am sure it was adequate in point of security. The nation says, that the Parliament of Ireland is solely and exclusively competent to make laws for this realm in all cases whatsoever ; and I am now condemned for having taken her at her word. I come now to the last charge, that Parliament was concluded by the address of the 27th, and the nation not freed by the transac- tion. The clause is, " gratified in these particulars, we conceive no constitutional questions will any longer exist to interrupt the har- mony of the two nations". Do you repent that clause ? Sir, the rejection of that would have stopped everything. Irish satisfaction was the price of Irish liberty, Do you think it dear at such a price? There was a time when you could have given millions ! Do you seriously imagine that Great Britain would have acceded to the requisition of the 16th of April, if she had been left to appre- hend a host of grievances in reserve ? that we were only talking plausibly to England, when we enumerated the causes of our discon- tent and jealousy, but cherished a growing demand — a growth pro- ceeding from the gracious reception which that demand had received? It was not a fanciful clause, as was observed with a ready facetious- ness, but one on which British accommodation hung. Individuals might refuse satisfaction, whose object was something other than liberty, but the nation could not. What ! do you imagine that the sense or interest of the nation was the declaration of one person, who said, we were pledged to go so far, and free to go on ? Indi- viduals may reserve certain latitudes, which would disgrace a nation. You were to reject the little policy of knavish latitudes and imprac- ticable duplicity, and consider your own character, and that of the great nation you accosted, and to apply yourself to her magnani- mity, as well as her justice, so that her passions might take part against her power. Believe me, there was a splendour in your mo- deration, and a force in your fidelity. You prescribed to yourself a aacred precinct ; and when England yielded, you scorned to ad- PHILimC AGAINST FLOOD. 91 vance : your spirit did not depend on the concession of England ; it was an inherent quality of the mind. Thus have you sealed a treaty with Great Britain. On the one side, the restoration of the final judicature, the extinction of the le- gislative claim of her privy council, of her perpetual mutiny bill, the repeal of the act of legislative supremacy: on your side, satisfaction : and thus are the two nations compacted for eVer in freedom and in peace e PHILIPPIC AGAINST FLOOD. October 28, 1783. It was said "that the pen would fall from the hand, and the foetus of the mind would die unborn",* if men had not a privilege to maintain a right in the Parliament of England to make law for Ireland. The affectation of zeal, and a burst of forced and metaphorical conceits, aided by the acts of the press, gave an alarm which, I hope, was momentary, and which only exposed the artifice of those who were wicked, and the haste of those who were deceived, But it is not the slander of an evil tongue that can defame me. I maintain my reputation in public and in private life. No man, who has not a bad character, can ever say that I deceived ; no country can call me a cheat. But I will suppose such a public character. I will suppose such a man to have existence ; I will begin with his character in his political cradle, and I will follow him to the last state of politi- cal dissolution. I will suppose him, in the first stage of his life, to have been in- temperate; in the second, to have been corrupt; and in the last, seditious: that, after an envenomed attack on the persons and mea- sures of a succession of viceroys, and after much declamation against their illegalities and their profusion, he took office, and became a supporter of Government, when the profusion of ministers had greatly increased, and then crimes multiplied beyond example ; when your money bills were altered without reserve by the council ; when an embargo was laid on your export trade, and a war declared against the liberties of America. At such a critical moment I will suppose this gentleman to be corrupted by a great sinecure office to muzzle his declamation, to swallow his invectives, to give his assent and vote to the ministers, and to become a supporter of Government, its measures, * Mr. Flood's expression. PHILIPPIC AGAINST FLOOD, its embargo, and its American war. I will suppose that he was sus- pected by the government that had bought him, and in consequence thereof, that he thought proper to resort to the arts of a trimmer, the last sad refuge of disappointed ambition ; that, with respect to the constitution of his country, that part, for instance, which regarded the mutiny bill, when a clause of reference was introduced, whereby the articles of war,, which were, or hereafter might be, passed in England, should be current in Ireland without the interference of her Parliament; when such a clause was in view, I will suppose this gentleman to hare absconded. Again, when the bill was made perpe- tual, I will suppose him again to have absconded. But a year and a half after the bill had passed, then I will suppose this gentleman to have come forward, and to say, that your constitution Jiad been de- stroyed by the perpetual bill. With regard to that part of the con- stitution that relates to the law of Poynings, I will suppose the gentleman to have made many a long, very long, disquisition before he took office, but, after he had received office, to have been as si- lent on that subject as before he had been loquacious. That, when money bills, under colour of that law, were altered year after year, as in 1775 and 1776, and when the bills so altered were resumed and passed, I will suppose that gentleman to have absconded or ac- quiesced, and to have supported the minister who made the altera- tion; but when he was dismissed from office, and a member introduced a bill to remedy this evil, I will suppose that this gentle- man inveighed against the mischief, against the remedy, and against the person of the introducer, who did that duty which he himself for seven years had abandoned. With respect to that part of the con- stitution which is connected with the repeal of the 6th of George the First, when the adequacy of the repeal was debating in the House, I will suppose this gentleman to make no kind of objection; that he never named, at that time, the word renunciation; and that, on the division on that subject, he absconded; but, when the office he had lost was given to another man, that then he came forward, and ex- claimed against the measure; nay, that he went into the public streets to canvass for sedition, that he became a rambling incendiary, and endeavoured to excite a mutiny in the volunteers against an adjustment between Great Britain and Ireland, of liberty and repose, which he had not the virtue to make, and against an administration who had the virtue to free the country without buying the members. With respect to commerce, I will suppose this gentleman to have supported an embargo which lay on the country for three years, and almost destroyed it; and when an address in 1778, to open her trade PHILIPPIC AGAINST FLOOD. ^3 was propounded, to remain silent and inactive ; and with respect to that other part of her trade, which regarded the duty on sugar, when the merchants were examined in 1778 on the inadequate protecting duty, when the inadequate duty was voted, when the act was re- committed, when another duty was proposed, when the bill returned with the inadequate duty substituted, when the altered bill was adopted, on every one of those questions I will suppose the gentle- man to abscond : but a year and a half after the mischief was done, he out of office, I will suppose him to come forth, and to tell his country, that her trade had been destroyed by an inadequate duty on English sugar, as her constitution had been ruined by a perpetual mutiny bill. With relation to three-fourths of our fellow-subjects, the Catholics, when a bill was introduced to grant them rights of property and religion, I will suppose this gentleman to have come forth to give his negative to their pretensions. In the same manner I will suppose him to have opposed the institution of the volunteers, to which we owe so much, and that he went to a meeting in his own county to prevent their establishment ; that he himself kept out of their associations; that he was almost the only man in this House that was not in uniform ; and that he never was a volunteer until he ceased to be a placeman, and until he became an incendiary. With regard to the liberties of America, which were inseparable from ours, I will suppose this gentleman to have been an enemy decided and unreserved ; that he voted against her liberty ; and voted, moreover, for an address to send 4,000 Irish troops to cut the throats of the Americans ; that he called these butchers " armed ne- gotiators", and stood with a metaphor in his mouth and a bribe in his pocket, a champion against the rights of America, the only hope of Ireland, and the only refuge of the liberties of mankind. Thus defective in every relationship, whether to constitution, com- merce, toleration, I will suppose this man to have added much private improbity to public crimes ; that his probity was like his patriotism, and his honour on a level with his oath. He loves to deliver pane- gyrics on himself. I will interrupt him, and say : Sir, yon are mnch mistaken if you think that your talents have been as great as your life has been reprehensible ; you began your parliamentary career with an acrimony and personality which could have been justified only by a supposition of virtue : after a rank and clamorous opposi- tion you became on a sudden silent; you were silent for seven years: you were silent on the greatest questions, and you were silent for money! In 1773, while a negociation was pending to sell your talents and your turbulence, you absconded from your duty in parMa- n PHILIPPIC AGAINST FLOOD, ment, you forsook your law of Poynings, you forsook the questions of economy, and abandoned all the old themes of your former declama- tion ; you were not at that period to be found in the House ; you were seen, like a guilty spirit, haunting the lobby of the House of Commons, watching the moment in which the question should be put, that you might vanish ; you were descried with a criminal anxiety, retiring from the scenes of your past glory ; or you were perceived coasting the upper benches of this House like a bird of prey, with an evil aspect and a sepulchral note, meditating to pounce on its quarry. These ways — they were not the ways of honour — you practised pend- ing a negotiation which was to end either in your sale or your sedition : the former taking place, you supported the rankest measures that ever came before Parliament; the embargo of 1776, for instance. " fatal embargo, that breach of law and ruin of commerce!" You supported the unparailelled profusion and jobbing of Lord Harcourt's scandalous ministry — the address to support the American war — the other address to send 4,000 men, whom you had yourself declared to be necessary for the defence of Ireland, to fight against the liberties of America, to which you had declared yourself a friend ; — you, Sir, who delight to utter execrations against the American commissioners of 1778, on account of their hostility to America; — you, Sir, who manufacture stage thunder against Mr. Eden, for his anti- American principles; — you, Sir, whom it pleases to chant a hymn to the immortal Hampden; — you, Sir, approved of the tyranny exercised against Ame- rica ; — and you, Sir, voted 4,000 Irish troops to cut the throats of the Americans fighting for their freedom, fighting for your freedom, fighting for the great principle, liberty; but you found at last (and this should be an eternal lesson to men of your craft and cunning), that the King had only dishonoured you ; the Court had bought, but would not trust you ; and having voted for the worst measures, you remained for seven years the creature of salary, without the confidence of Government. Mortified at the discovery, and stung by disappointment, you betake yourself to the sad expedients of duplicity ; you try the sorry game of a trimmer in your progress to the acts of an incendiary ; you give no honest support either to the Government or the people ; you, at the most critical period of their existence, take no part, you sign no non-consumption agreement, you are no volunteer, you oppose no perpetual mutiny bill, no altered sugar bill ; you declare that you lament that the declaration of right should have been brought forward ; and observing, with regard to prince and people, the most impartial treachery and desertion, you justify the suspicion of your Sovereign by betraying the Govern- COMMERCIAL PROPOSITIONS. 96 ment, as you had sold the people : until at last, by this hollow con- duct, and for some other steps, the result of mortified ambition, being dismissed, and another person put in your place, you fly to the ranks of the volunteers, and canvass for mutiny ; you announce that the country was ruined by other men during that period in which she had been sold by you. Your logic is, that the repeal of a declara- tory law is not the repeal of a law at all, and the effect of that logic is, an English act affecting to emancipate Ireland, by exercising over her the legislative authority of the British Parliament. Such has been your conduct, and at such conduct every order of your fellow- subjects have a right to exclaim ! The merchant may say to you — the constitutionalist may say to you — the American may say to you — and I, I now say, and say to your beard : Sir, you are not an honest man. Mr. Flood rose to reply, but after having proceeded some length in his defence, he fell so much out of order, that the Speaker interfered. He declared how- much pain he had suffered in permitting this contest to proceed, and that nothing but the calls of the House to hear the two members, should have made him sit so long silent. He requested Mr. Flood would sit down, with which request he complied, and shortly after retired. The speaker issued his warrant to appre- hend the parties, and Mr. Flood was shortly after taken into custody. The House then directed that search should be made for Mr. Grattan ; and the parties were bound over. It was then moved that the motion of Sir Henry Cavendish be taken into consideration, immediately after a report be made from the committee of accounts ; and it passed in the affirmative. COMMERCIAL PROPOSITIONS. August 12, 1785. However, lest certain glosses should seem to go unanswered, I shall, for the sake of argument, waive past settlements, and combat the rea- soning of the English resolutions, the address, His Majesty's answer and the reasoning of this day. It is here said, that the laws res- pecting commerce and navigation should be similar, and inferred that Ireland should subscribe the laws of England on those subjects ; that is, the same law, the same legislature. But this argument goes a great deal too far : it goes to the army, for the mutiny bill should be the same ; it was endeavoured to be extended to the collection of your revenue, and is in train to be extended to your taxes ; it goes 96 COMMERCIAL PROPOSITIONS. to the extinction of the most invaluable part of your parliamentary capacity ; it is a union, an incipient and creeping union ; a virtual union, establishing one will in the general concerns of commerce and navigation, and reposing that will in the Parliament of Great Britain ; a union where our Parliament preserves its existence after it has lost its authority, and our people are to pay for a parliamentary estab- lishment, without any proportion of parliamentary representation. In opposing the right honourable gentleman's bill, I consider myself as opposing a union in limine, and that argument for union which makes similarity of law and community of interest (reason strong for the freedom of Ireland !) a pretence for a condition which would be dissimilarity of law, because extinction of constitution, and therefore hostility, not community of interest. I ask on what experience is this argument founded ? Have you, ever since your redemption, refused to preserve a similarity of law in trade and navigation ? Have you not followed Great Britain in all her changes of the act of naviga- tion during the whole of that unpalatable business, the American war ? Have you not excluded the cheap produce of other planta- tions, in order that Irish poverty might give a monopoly to the dear produce of the British colonies ? Have you not made a better use of your liberty than Great Britain did of her power ? But I have an objection to this argument, stronger even than its want of foundation in reason and experiment ; I hold it to be nothing less than an into- lerance of the parliamentary constitution of Ireland, a declaration that the full and free external legislation of the Irish Parliament is incom- patible with the British empire. I do acknowledge that by your ex- ternal power, you might discompose the harmony of the empire, and I add that by your power over the purse, you might dissolve the state : but to the latter, you owe your existence in the constitution, and to the former, your authority and station in the empire: this argument, therefore, rests the connection upon a new and a false principle, goes directly against the root of Parliament, and is not a difficulty to be accommodated, but an error to be eradicated ; and if any body of men can still think that the Irish constitution is incompatible with the British empire — doctrine which I abjure as sedition against the con- nection ; but if any body of men are justified in thinking that the Irish constitution is incompatible with the British empire, perish the empire! live the constitution! Reduced by this false dilemma to take a part, my second wish is the British empire, my first wish and bounden duty is the liberty of Ireland. But we are told this imperial power is not only necessary for England, b at safe for Ireland. What is the present question ? what but the abuse COMMERCIAL PROPOSITIONS. 07 of this very power of regulating the trade of Ireland by the British Parliament, excluding you and including herself by virtue of the same words of the same act of navigation ? And what was the prornovent cause of this arrangement? what but the power you are going to sur- render — the distinct and independent external authority of the Irish Parliament, competent to question that misconstruction? What is the remedy now proposed ? — the evil. Go back to the Parliament of Eng- land. I ask again, what were the difficulties in the way of your eleven propositions ? what but the jealousy of the British manufacturers on the subject of trade? And will you make them your parliament, and that too for ever, and that too on the subject of their jealousy, and in the moment they displayed it? I will suppose that jealousy realized ; that you rival them in some market abroad, and that they petition their Parliament to impose a regulation which shall affect a tonnage which you have and Great Britain has not: how would you then feel your situation, when you should be obliged to register all this? And how would you feel your degradation, when you should see your own manufacturers pass you by as a cypher in the constitution, and de- precate their ruin at the bar of a foreign parliament ! Whence the American war ? Whence the Irish restrictions ? Whence the mis- construction of the act of navigation ? Whence but from the evil of suffering one country to regulate the trade and navigation of another, and of instituting, under the idea of general protectress, a proud do- mination, which sacrifices the interest of the whole to the ambition of a part, and arms the little passions of the monopolist with the sovereign potency of an Imperial Parliament : for great nations, when cursed with unnatural sway, follow but their nature when they invade ; and human wisdom has not better provided for human safety than by limiting the principles of human power. The surrender of legislature has been likened to cases that not unfrequently take place between two equal nations, covenanting to suspend, in particular cases, their re- spective legislative powers for mutual benefit; thus Great Britain and Portugal agree to suspend their legislative power in favour of the wine of the one and the woollen of the other; but if Portugal had gone farther, and agreed to subscribe the laws of England, this covenant had not been a treaty, but conquest. So Great Britain and Ireland may covenant not to raise high duties on each other's manufactures ; but if Ireland goes farther, and covenants to subscribe British law, this is not a mutual suspension of the exercise of legislative power, but a transfer of the power itself from one country to another, to be exercised by another hand. Such covenant is not reciprocity of trade ; it is a surrender of the government of your trade, inequality of trade, COMMERCIAL PROPOSITIONS. and inequality of constitution. I speak, however, as if such transfer could take place; but in fact it could not : any arrangement so cove- nanting is a mere nullity ; it could not bind you, still Jess could it bind your successors ; for a man is not omnipotent over, himself, neither are your parliaments omnipotent over themselves, to accom- plish their own destruction, and propagate death to their successors. There is in these cases a superior relationship to our respective creators — -God and the community, which, in the instance of the individual, arrests the hand of suicide, and in that of the political body, stops the act of surrender, and makes man the means of propagation, and par- liament the organ to continue liberty, not the engine to destroy it. However, though the surrender is void, there are two ways of at- tempting it ; one, by a surrender in form, the other, by a surrender in substance ; appointing another parliament your substitute, and con- senting to be its register or stamp, by virtue of which to introduce the law and edict of another land, to clothe with the forms of your law foreign deliberations, and to preside over the disgraceful cere- mony of your own abdicated authority. Both methods are equally surrenders, and both are wholly void. I speak on principle, the prin- ciple on which you stand — your creation. We, the limited trustees of the delegated power, born for a particular purpose, limited to a par- ticular time, and bearing an inviolable relationship to the people who sent us to parliament, cannot break that relationship, counteract that purpose, surrender, diminish, or derogate from those privileges we breathe but to preserve. Could the Parliament of England covenant to subscribe your laws? could she covenant that young Ireland should command, and old England should obey ? If such a proposal to Eng- land were mockery, to Ireland it cannot be constitution. I rest on authority as well as principle — the authority on which the revolution rests — Mr. Locke, who, in his chapter on the abolition of govern- ment, says : " that the transfer of legislative power is the abolition of the state, not a transfer". Thus, I may congratulate this House and myself, that it is one of the blessings of the British constitution, that it cannot perish of rapid mortality, nor die in a day, like the men who should protect her. Any act that would destroy the liberty of the people is dead-born from the womb. Men may put down the public cause for a season, but another year would see old Constitu- tion advance the honours of his head, and the good institution of Parliament shaking off the tomb to reascend, in all its pomp, and pride, and plenitude, and privilege ! Sir, I have stated these propositions and the bill, as a mere transfer of external legislative authority to the Parliament of Great Britain COMMERCIAL PROPOSITIONS, 99 but I have understated their mischief; they go to taxation ; taxes on the trade with the British plantations, taxes on the produce of foreign plantations, taxes on some of the produce of the United States of North America ; they go to port duties, such as Great Britain laid on America ! The mode is varied, but the principle is the same. Here Great Britain takes the stamp of the Irish Parliament; Great Britain is to prescribe, and Ireland is to obey ! We anticipate the rape by previous surrender, and throw into the scale our honour as Avell as our liberty. Do not imagine that all these resolutions arc mere acts of regulation ; they are solid, substantial revenue, a great ,part of your additional duty. I allow the bill excepts rum and to- bacco; but the principle is retained, and the operation of it only kept back. I have stated that Great Britain may by these propositions crush your commerce, but I shall be told that the commercial jealousy of Great Britain is at an end : but are her wants at an end? are her wishes for Irish subsidy at an end? No; and they may be gratified by laying colony duties on herself, and so raising on Ireland an im- perial revenue to be subscribed by our Parliament, without the con- sent of our Parliament, and in despite of our people. Or, if a minister should please to turn himself to a general excise — if wishing to re- lieve from the weight of further additional duties the hereditary re- venue now alienated — if wishing to relieve the alarms of the English manufacturers, who complain of our exemption from excises, parti- cularly on soap, candles, and leather, he should proceed on those already registered articles of taxation, he might tax you by threats, suggesting that if you refuse to raise an excise on yourself, England will raise colony duties on both. See what a mighty instrument of coercion this bill and these resolutions ! Stir, and the minister can crush you in the name of Great Britain ; he can crush your imports ; he can crush your exports ; he can do this in a manner peculiarly mortifying, by virtue of a' clause in a British act of Parliament, that would seem to impose the same restrictions on Great Britain ; he can do this in a manner still more offensive, by the immediate means of your own Parliament, who would be then an active cypher and noto- rious stamp in the hands of Great Britain, to forge and falsify the name and authority of the people of Ireland. I have considered your situation under these propositions with respect to Great Britain : see what would be your situation with respect to the crown. You would have granted to the King a perpetual money bill, or a money bill to continue as long as the Parliament of Great Britain shall please, with a covenant to increase it as often as the British Parliament shall please. By the resolutions a great part of the additional duty would 100 COMMERCIAL PROPOSITIONS. have been so granted ; the trade of the country is made dependent on the Parliament of Great Britain, and the Crown is made less depen- dent on the Parliament of Ireland, and a code of prerogative added to a code of empire. If the merchant, after this, should petition you to lower your duties on the articles of trade, you answer, " trade is in covenant". If your constituents should instruct you to limit the bill of supply, or pass a short money bill, you answer, " the purse of the nation, like her trade, is in covenant", No more of six months' money bills ; no more of instructions from constituents ; that connection is broken by this bill. Pass this, you have no constituent ; you are not the representative of the people of Ireland, but the register of the British Parliament, and the equalizer of British duties. In order to complete this chain of power, one link, I do acknow- ledge, was wanting — a perpetual revenue bill, or a covenant from time to time to renew the bill for the collection thereof. The twen- tieth resolution, and this bill founded upon it, attain that object. Sir, this House rests on three pillars : your power over the annual mutiny bill ; your power over the annual additional duties ; your power over the collection of the revenue. The latter power is of great consequence, because a great part of our revenues is granted for ever. Your ancestors were slaves ; and for their estates, that is, for the act of settlement, granted the hereditary 'revenue, and from that moment ceased to be a parliament. Nor was it till many years after that parliament revived ; but it revived, as you under this bill would continue, without parliamentary power. Every evil measure derived argument, energy, and essence from this unconsti- tutional fund. If a country gentleman complained of the expenses of the Crown, he was told a frugal government could go on without a parliament, and that we held our existence by withholding the discharge of our duty. However, though the funds were granted for ever, the provision for the collection was inadequate ; the smug- gler learned to evade the penalties, and parliament, though not ne- cessary for granting the hereditary revenue, became necessary for its collection. Here then we rest on three pilkirs : the annual mutiny bill, the annual additional supply, and the annual collection of the revenue. If you remove all these, this fabric falls ; remove any one of them, and it totters ; for it is not the mace, nor the chair, nor this dome, but the deliberate voice resident therein, that constitutes the essence of parliament. Clog your deliberations, and you are no longer a parliament, with a thousand gaudy surviving circumstances of show and authority. Contemplate for a moment the powers this bill presumes to per- COMMERCIAL PROPOSITIONS. 101 petuate — a perpetual repeal of trial by jury; a perpetual repeal of the great charter ; a perpetual writ of assistance ; a perpetual felony to strike an exciseman ! The late Chief- Baron Burgh, speaking on the revenue bill, ex- claimed : 44 You give to the dipping rule what you should deny to the sceptre". All the unconstitutional powers of the excise we are to perpetu- ate; the constitutional powers of parliament we are to abdicate. Can we do all this ? can we make these bulky surrenders, in diminution of the power, in derogation of the pride of parliament, and in viola- lion of those eternal relationships which the body that represents should bear to the community which constitutes ? The pretence given for this unconstitutional idea is weak indeed : that, as the benefits are permanent, so should be the compensation. But trade laws are to follow their nature, revenue laws to follow theirs. On the permanent nature of commercial advantages depends the faith of trade; on the limited nature of revenue laws depends the existence of parliament. But the error of argument arises from the vice of dealing. It is a market for a constitution, and a logic, applicable to barter only, is applied to freedom. To qualify this dereliction of every principle and power, the surrender is made constitutional ; that is, the British market for the Irish constitution — the shadow of a market for the substance of a constitution! You are to reserve an option, trade or liberty ; if you mean to come to the British market, you must pass under the British yoke. I object to this principle in every shape, whether you are, as the resolution was first worded, directly to transfer legislative power to the British parliament ; whether, as it was afterwards altered, you are to covenant to subscribe her acts ; or whether, as it is now softened, you are to take the chance of the British market so long as you waive the blessings of the British constitution — terms dishonourable, derogatory, incapable of forming the foundation of any fair and friendly settlement, injurious to the political morality of the nation. I would not harbour a slavish principle, nor give it the hospitality of a night's lodging in a land of liberty. Slavery is like any other vice — tolerate, and you embrace. You should guard your constitu- tion by settled maxims of honour, as well as wholesome rales of law; and one maxim should be, never to tolerate a condition which trenches on the privilege of parliament, or derogates from the pride of the island. Liberal in matters of revenue, practicable in matters of commerce ; on these subjects I would be inexorable. If the genius of old England came to that bar with the British constitution in one 102 COMMERCIAL PROPOSITIONS. hand, and in the other an offer of all that England retains, or all that she has lost of commerce, I should turn my back on the latter, and pay my obeisance to the blessings of her constitution ; for that constitution will give you commerce, and it was the loss of that constitution that deprived you of commerce. Why are you not now a woollen country ? because another country regulated your trade. Why are you not now a country of reexport? because another country regulated your navigation. I oppose the original terms as slavish, and I oppose the condi- tional clause as an artful way of introducing slavery, of soothing a high-spirited nation into submission by the ignominious delusion, that she may shake off the yoke when she pleases, and become once more a free people. The direct unconstitutional proposition could not have been listened to, and therefore resort is had to the only possible chance of destroying the liberty of the people, by hold- ing up the bright reversion of the British constitution, and the spe- culation of future liberty, as a consolation for the present submission. But would any gentleman here wear a livery to-night, because he might lay it aside in the morning ? or would this House substitute another, because next year it might resume its authority, and once more become the Parliament of Ireland ? I do not believe we shall get the British, but I do not want to make an experiment on the British market, by making an experiment likewise on the constitu- tion and spirit of the people of Ireland. But do not imagine, if you shall yield for a year, you will get so easily clear of this inglorious experiment : if this is not the British market, why accept the adjust- ment ? and if it is, the benefit thereof may take away your deliberate voice. You will be bribed out of your constitution by your commerce : there are two ways of taking away free will, the one by direct com- pulsion, the other by establishing a prcpollent motive. Thus, a servant of the Crovni may lose his free will, when he is to give his vote at the hazard of his office ; and thus a parliament would lose its free will, if it acted under a conviction that it exercised its deliberate function at the risk of its commerce. No question would stand upon its own legs, but each question would involve every consideration o. trade, and, indeed, the whole relative situation of the two countries. I beseech you to consider that situation, and contemplate the powers of your own country, before you agree to surrender them. Recollect that you have now a right to trade with the British plantations, in certain articles, without reference to British duties ; that you have a right to trade with the British plantations in every other article, subject to the British duties ; that you have a right to get clear of C MMEK C I AL PROPO SITI O N S . 103 each and of every part of that bargain ; that you have a right to take the produce of foreign plantations, subject to your own unstipu- lated duties ; that you have a right to carry on a free and unqualified trade with the United States of North America ; that you have a right to cany on an experimental trade in countries contiguous to which Great Britain has established her monopolies : the power of trade this, and an instrument of power, and station, and authority, of the British empire ! Consider that yon have likewise a right to the ex- clusive supply of your own market, and to the exclusive reserve of the rudiment of your manufactures ; that you have an absolute dominion over the public purse and over the collection of the revenue. If you ask me how you shall use these powers, I say : For Ireland, with due regard to the British nation. Let them be governed by the spirit of concord, and with fidelity to the connexion. But when the mover of the bill asks me to surrender tho^e powers, I am astonished at him. I have neither ears, nor eyes, nor functions, to make such a sacrifice. What ! that free trade, for which we exerted every nerve in 1779 ; that free constitution, for which we pledged life and fortune in 1782 ! Orr lives are at the service of the empire ; but — our liberties ! No ; we received them from our Father which is in Heaven, and we will hand them dowu to our children ! But if gentlemen can entertain a doubt of the mischief of these propositions, are they convinced of their safety — the safety of giving up the government of your trade ? No ; the mischief is prominent, but the advantage is of a most enigmatical nature. Have gentlemen considered the subject ? have they traced even the map of the countries, the power or freedom of trading with whom they are to surrender for ever ? Have they traced the map of Asia, Africa, and America ? Do they know the French, Dutch, Portuguese, and Spanish settle- ments ? Do they know the neutral powers of those countries, their produce, aptitudes, and dispositions? Have they considered the state of North America — its present state, future growth, and every opportunity in the endless succession of time attending that nurse of commerce and asylum of mankind ? Are they now competent to de- clare on the part of themselves and all then- posterity, that a free trade to those regions will never, in the efflux of time, be of any service to the kingdom of Ireland ? If they have information on this subject, it must be by a communication with God, for they hare none with man : it must be inspiration, for it cannot be knowledge. In such circumstances, to subscribe this agreement, without know- ledge, without even the affectation of knowledge, when Great Britain, with all her experience, and every means of information from East 104 COMMERCIAL PROPOSITIONS. Indies, West Indies, America, and with the official knowledge of Ireland at her feet, has taken six months to deliberate, and has now produced twenty resolutions, with a history to each, amounting to a code of empire, not a system of commerce : I say, in such circum- stances, for Ireland to subscribe this agreement, would be infatuation — an infatuation to which the nation could not be a party, but would appear to be concluded, or indeed huddled, with all her posterity, into a fallacious arrangement, by the influence of the Crown, without the deliberation of Parliament or the consent of the people ! This would appear the more inexcusable, because we are not driven to it ; adjustment is not indispensable ; the great points have been carried ! An inferior question about the home market has been started, and a commercial fever artificially raised ; but while the great points re- main undisturbed, the nations cannot be committed ; the manufac- turers applied for protecting duties, and have failed ; the minister offered a system of reciprocity, and succeeded in Ireland, but has failed in England : he makes you another offer, inconsistent with the former, which offer the English do not support, and the Irish de- precate. We can go on; we have a growing prosperity, and as yet an ex- emption from intolerable taxes ; we can from time to time regulate our own commerce, cherish our manufactures, keep down our taxes, and bring on our people, and brood over the growing prosperity of young Ireland. In the mean time we will guard our free trade and free constitution, as our only real resources : they were the struggles of great virtue, the result of much perseverance, and our broad base of public action! We should recollect that this House may now, with peculiar propriety, interpose, because you did, with great zeal and success, on this very subject of trade, bring on the people; and you did, with great prudence and moderation, on another occasion, check a certain description of the people, and you are now called upon by consistency to defend the people. Thus mediating between extremes, you will preserve this island long, and preserve her with a certain degree of renown. Thus faithful to the constitution of the country, you will command and insure her tranquillity ; for our best authority with the people is protection afforded against the ministers of the Crown. It is not public clamour, but public injury that should alarm you ; your high ground of expostulation with your fellow-sub- jects has been your services; the free trade you have given the mer- chant, and the free constitution you have given the island! Make your third great effort — preserve them, and with them preserve un- altered your own calm sense of public right, the dignity of the parlia- IRISH FEELING. 105 mcnt, the majesty of the people, and the powers of the island ! Keep them unsullied, uncovenanted, uncircumscribed, and unstipendiary ! These paths are the paths to glory, and, let me add, these ways are the ways of peace : so shall the prosperity of your country, though without a tongue to thank you, yet laden with the blessings of consti- tution and of commerce, bear attestation to your services, and wait on your progress with involuntary praise ! IRISH FEELING. September 6, 1785. There are gentlemen who will call England the whole empire, and her exclusive power and domination the general welfare ; and the servants of government in Ireland may, if they would stoop to it, on such a principle, advance a pretence for abjuring every prejudice of their nativity, every special advantage of their own country, and for preferring the power of another land. Regard, I acknowledge, should be constantly had to the general welfare of the whole empire, when- ever it is really concerned ; but let me add, that general welfare should never be made a pretence, nor be artificially and wantonly introduced ; and in an arrangement where Irish trade is professedly the subject, that trade ought to be expressly the object. I laugh at those Irish gentlemen who talk as if they were the representatives of something higher than then* native land — the representatives of em- pire, not of Ireland ; but so talking and so acting, they will be in fact the representatives of their salary. Let me tell those gentlemen, if they are not Irishmen, they are nothing ; and if we are not the representatives of Ireland, we are nothing. I am the more averse to the revival of this bill or its principle, because such revival must be accompanied with a new negotiation — a negotiation wherein the British minister would be the ambassador for England and Ireland, or rather, the British minister would be the ambassador for England, and the servant of that minister would be the ambassador for Ireland ; and where there is no personal equality in the negotiators, there can be no political equality in the result of the treaty. If anything could render the revival of this business still more alarming, it would be the doctrines which have been advanced to defend it. We have been gravely, positively, and dogmatically assured, that this country is, for the comforts and necessaries of life, for the rudiments of manu- facture, and even for the element of fire, absolutely dependent on 106 IRISH FEELING. Great Britain ; we have been assured that we can find no coals, nor bark, nor salt, nor hops, anywhere, save only in Great Britain ; in short, that Ireland has no coals, nor the continent salt, bark, or hops, to the astonishment, and indeed laughter, of every merchant who heard such assertions. We have been told this, and we have been thus argued down into a state of physical slavery. Ireland has been represented as the slave of England by the laws of nature, in order to justify a system which would have made us her slave by force and operation of covenant. We have been further told in debate and in public prints, that our trade has no claim to the protection of the British navy. Sir, you pay for that protection ; you paid for it long ago ; I tell you that payment was the crown of Ireland. You annexed the crown of Ireland to that of Great Britain, and have a right to the protection of her navy, as much as she has a right to consider you as part of the empire. Protecting you with her navy, she protects her own balance and weight in Europe, and pre- serves an empire which would else be reduced to an island. But if you are protected by an English, not an Irish navy, it is not that you have not granted taxes, but that Great Britain naturally chooses to have but one navy in the empire, and very naturally wishes that navy to be her own. You are prevented from having an Irish navy, and should not be reproached with the protection of the British ; as gentlemen have triumphantly displayed the dependency of their na- tive land on Great Britain, they have most anxiously concealed her value and importance — the importance of her linen yarn, bay yarn, hides, provisions, and men ; the importance of her assent to the mo- nopolies of Great Britain, East and West, and to the continuation of the act of navigation. Under such false impressions, then, in those who are perhaps to act on the part of Ireland, an ignorance or con- cealment of her real consequence and resources, and the false per- suasion of her insignificance and dereliction — nay, I will add, a zeal to display an offensive catalogue of her wants and wretchedness, I ask, what treaty will be made under these circumstances, that shall be to your advantage ? Let me therefore caution my country against the revival of this bill, and against those arguments which have a tendency to put down the pretensions of Ireland, and humble the pride of the Irish nation. Public pride is the best champion of public liberty ; cherish it, for if ever this kingdom shall fall in her own esteem, shall labour under a prepossession of impotence, shall con- ceive she cannot have the necessaries of life or manufacture, but from the charity of another country, in short, that God and nature have put her in a state of physical bondage, I say, if once this becomes her TITHES. 107 sentiment, your laws are nothing, your charters are paper, and Ire- land is a slave with magna chart a in her hand. Let us not then put down our native land, and rob her of her pride, to rob her of her constitution. TITHES. February 14, 1788. A tenth of your land, your labour, and your capital, to those who contribute in no shape whatsoever to the produce, must be oppression; they only think otherwise who suppose that everything is little which is given to the parson; that no burden can be heavy, if it is the weight of the parson ; that landlords should give up their rent, and tenants the profits of their labour, and all too little. But uncertainty aggravates that oppression ; the full tenths ever must be uncertain as well as oppressive ; for it is the fixed proportion of a fluctuating quantity, and unless the high priest can give law to the winds, and ascertain the harvest, the tithe, like that harvest, must be uncertain. But this uncertainty is aggravated by the pernicious motives on which tithe frequently rises and falls. It frequently rises on the poor ; it falls in compliment to the rich. It proceeds on principles the re- verse of the Gospel; it crouches to the strong, and it encroaches on the feeble, and is guided by the two worst principles in society — servility and avarice united against the cause of charity and under the cloak of religion. Here let me return to and repeat the allegations, and call on you once more to make the inquiry. It is alleged, that in certain parishes of the south, tithe has been demanded and paid for what by law was not liable to tithe; and that the ecclesiastical courts have coun- tenanced the illegal exaction ; and evidence is offered at your bar to prove the charge on oath. Will you deny the fact ? Will you justify the fact ? Will you inquire into it ? It is alleged, that tithe proctors, in certain parishes of the south, do exact fees for agency, oppressive and illegal ; and evidence to prove the charge is offered on oath. Will you deny the fact ? Will you justify the fact ? Will you inquire into it ? It is alleged, that in certain parishes of the south, tithes have been excessive, and have observed no equity for the poor, the hns- 108 TITHES. bandman, or the manufacturer ; ana evidence is offered to prove this charge on oath ! Will you deny the fact ? Will you justify the fact ? Will you inquire into it ? It is alleged, that in certain parishes of the south, the ratages for tithes have greatly and unconscionably increased ; and evidence is offered io prove this charge on oath. Will you deny the fact ? Will you justify the fact ? Will you inquire into it ? It is alleged, that in certain parishes of the south, the parishioners have duly and legally set out their tithe, and given due notice ; but that no persons have attended on the part of the proctor or parson, under expectation, it is apprehended, of getting some new method of recovery, tending to deprive the parish of the benefit of its ancient right, that of setting out their tithe ; and evidence is offered to prove this charge on oath. It is alleged, that in certain parishes of the south, tithe-farmers have oppressed, and do oppress His Majesty's subjects, by various extortions, abuses of law, or breaches of the same ; and evidence is offered to prove this charge on oath. Here, once more, I ask you, will you deny the fact? Will you justify the fact? Will you in- quire into it ? This being the state of the church in certain parishes in the south, I wish to know, what in the mean time within those districts be- comes of religion ? Here are the parson and parish at variance about that which our religion teaches us to despise —riches. Here is the mammon of unrighteousness set up to interrupt our devotion to the true God. The disinterested, the humble, the apostolical cha- racter, during this unseemly contest — what becomes of it ? Here are two powers, the power in the tenant to set out his tithe, the power in the church to try the matter in dispute by ecclesiastical jurisdic- tion ; two powers vested by the law in the respective hands of church and laity, without any effect but to torment one another. The power of setting of tithe does not affect to defend the tenant against unconscionable demand, and if attended with combination, secures him against any effectual demand whatsoever. The power of trying the matter in dispute by ecclesiastical jurisdiction, does not take place, except in cases of subtraction, and when it does take place, is a partial trial. Thus, as the law now stands, combination is the defence of laity, and partiality of the church. The equity in favour of the tiller of the soil (a very necessary equity indeed) becomes a new source of disturbance, because the par- ties are not agreed what that equity should be ; the countryman not TITHES. 109 conceiving that any one can in equity have a right to the tenth of his land, labour, and capital, who does not own the land, nor plough, nor sow, nor reap, nor contribute, in any degree whatsoever, to the produce ; the tithe-farmer having no idea, but that of iniquity on the subject ; the parson, perhaps, conceiving that a tenth on tillage is a bare compensation in equity, for what he deems the greatest of all iniquity, your vote of agistment. Thus, the two parties, the parson and his parish, the shepherd and his flock, with opposite opinions, and mutual powers of annoyance, in the parts I have alluded to, seem to go on in a rooted animosity and silent war. Conceive the pastor looking over the hedge, like a spy, to mulct the extraordinary labours of the husbandman. Conceive him coming into the field, and saying : " You are a deserving husbandman ; you have increased the value of your field by the sweat of your brow ; Sir, I will make you pay me for that "f or conceive a dialogue between a shepherd and one of his flock : " I will take your tenth sheaf, and if you choose to vex me, your tenth hen, and your tenth egg, and your tenth goose " (not so the apos- tles) ; or conceive him speaking to his flock by parable, and saying: " The ass stopped with his burthen ; and his burthen was doubled ; and still he stopped, and his burthen was still increased ; and then the perverse animal, finding his resistance in vain, went on ; so even you shall find resistance but increase your load, until the num- ber of acts of Parliament shall break your back". These pastoral discourses, if they have taken place, however well intended, will not, I fear, greatly advance the cause of the faithful, particularly in a country where the numbers remain to be converted to the Protestant religion, not only by the superior purity of its doctrine, but by the mild, disinterested, peace-making spirit of its teachers. Will not the dignitaries of the church interpose on such an occa- sion ? How painful it must have been to them, the teachers of the Gospel, and therefore enemies to the shedding of blood, to have thought themselves under the repeated necessity of applying to Par- liament for sanguinary laws! The most sanguinary laws on your statute-books are tithe-bills ; the Whiteboy act is a tithe-bill ; the riot act, a tithe-bill. How painful to those dignitaries must it be, to feel themselves in the office of making perpetual complaints against their own flock, and to be conscious, in some instances, of having jaded and disgusted the ears of the court by charges against the peasantry ! How pain- ful for them to have repeated recourse to the military in their own case, and to think that many of their sinful flock, but their flock 6 110 TITHES. notwithstanding, were saved from the indiscriminating edge of the sword, and ecclesiastical zeal tempered and withheld, and in some cases disappointed, by the judicious mercy of military command ? We, the laity, were right in taking the strongest measures the last session : it was our duty to assert ; but of these churchmen, it is the duty, and I suppose the nature, to deprecate, to incline to the mild, the meek, the dispassionate, and the merciful side of the question, and rather to prevent by moderation than punish by death. Whether these exactions were in themselves sufficient to have pro- duced all the confusion of the last year, I know not ; but this I do believe, that no other cause had been sufficient without the aid of exaction ; if exaction had not existed, the south would not, I believe, have been convulsed. A controverted election alone could not well have been an adequate cause ; the objects of attack must, in some cases, have been something more than partizans, and the flames spread by contagion : the first touch must have been an accident, but the people were rendered combustible by oppression. The Whiteboy should be hanged ; but I think the tithe-farmer should be restrained : I would inflict death on the felon, and impose moderation on the extortioner ; and thus relieve the community from the offences of both. But do not let us so far mistake the case, as to suppose it a ques- tion between the parson and the Whiteboy ; or that the animosity which has been excited is confined to felons : no ; it is extended far more generally ; it is extended to those who have been active in bringing those felons to justice ; and men will appear at your bar who have suffered under excess of demand, and have acted to re- store peace, the instrument of quiet, and the objects of exaction. Let us, therefore, examine the subject, and having already with great propriety taken the most decisive steps against the insurgent, let us inquire now into the cause of the outrage, and see whether exaction might not have had some share, at least, in the origin of it ; and if so, let us strive to form some plan which may collect the riches of the church, without repetition of penal laws or of public disturbance. In forming a plan for the better privision of the church, the first thing to be considered is the quantum of provision ; the second con- sideration is the funds from whence that provision is to arise. The quantum of provision should be the usual net income on an average of years, except in some parishes of great exaction ; I say usual, because 1 would not materially alter their allowance ; I say on an average of years, because I would not make recent encroach- ment on property ; I say net, because when the public shall become TITHES. Ill the tithe proprietor's agent, the public will have a right to the benefit of the agency. That their income is discoverable I affirm, and I affirm it under the authority of their own act and their own practice. Without going farther back than the last session, you will rind the compen- sation-act requires the person suing on the act to make a discovery of his customary income, and in some cases discovery of his ratages for three years back, on oath ; it requires that he should, in his affi- davit, set forth that the valuation of 1786 is made, as near as possible, the ratage of the three former years ; it requires that where a valuation of the tithe of 1786 could not be made, a valuation of the customary tithe for three years back should ; it enables the court to appoint persons to inquire into the fact, and call for parties and papers, and thus establishes two principles which were denied ; that the annual income of benefices is discoverable, and that the particu- lar ratage is discoverable also. I might go back to the act of Weary VIII., which requires that a commission should be directed to inquire into ecclesiastical benefices, and to report the value of the same ; and I might further adduce the act of William III., which gives to the ecclesiastical person who builds, two-thirds of the sum expended, which sum is to be ascertained by a certificate ; which certificate, by the 12th of George II., shall contain an account of the clear yearly income of the benefice. After these instances, I hope no man will deny that the income of the clergyman is discover- able ; particularly, when the compensation-act of the last winter requires such a discovery to be made on the oath of the parson. That act was supported by the whole bench of bishops ; it was pro- bably framed with their advice and suggestions. They would not require their clergy to report on their oath what they them selves conceived or had maintained to be impossible ; as if it was impos- sible to make a discovery for the purpose of commutation, but, for the purpose of compensation, easy and obvious. Thus, when I affirm the discoverability of the clergyman's income, I have not only the authority of the church, but its oath. The net return should be the parson's perpetual income, subject to the exception stated above; but in order to guard him against the fluctuation of currency, C would fix the value of that income in grain ; it should be the value of so many barrels of wheat, to be estimated every seven years by the corn-office or the clerk of the market, who now quarterly stiikes the average value of corn throughout the kingdom. Tims, hi in- come should not be absolutely either corn or money ; but the value of so much corn to be paid in money. 112 TITHES. As to the fund from whence these receipts should arise, that fund should be a charge on the barony, to be levied like other county charges. This method is easy, for it is already in use ; the head constable should be the parson's collector, and the county should be security. To this I know the objection, and it is an objection which can be best answered by those who make it. It will be said that this scheme prevents the division of the unions, and the increase of poor livings. Apply the first fruits as they ought for the increase of poor livings and the repairs of the church, and then you will answer your own argument : but a fictitious and remote valuation for the benefit of the rich clergy has been made of these charitable funds, frustrating the purpose of the charity equally to the neglect of the church and the poor. The luxury of the priest has usurped the funds of the poor and of the church, then sets up against both a miserable modus, and prescribes in this instance against charity and religion. However, if the dignitaries of the church will not, Parliament may answer this argument, and provide for more clergy as occasion shall permit. You imparish by act of Parliament ; with proper provision, when you see the necessity, you may divide. The care of religion is placed nowhere better than in the legislature. Popery will tell you, that when it was entirely left to the care of the priesthood, it was perverted and destroyed. But, if objections should be made to this plan, and in order to give the church the growth of the country, there is another plan — a modus. Let every article which shall be subject to tithe be set forth in a tithing table, with certain ratages annexed; let those ratages be taken, and set forth in the tithing table as now equivalent to so many stone of bread corn. Let the act provide, that there shall be a septennial valuation of bread corn by the clerk of the market, or the proper officer. Let there be an exemption for the rudiments of manufacture, and a saving for all local customs and exemptions : such as potatoes in most places, hay in several, and such like. In order to form this modus, which should be provincial, not uni- versal, let four provincial committees be appointed. You will see a precedent in your journals ; on the report of these provincial com- mittees form your bill. In your bill you will probably think proper to give agistment, or a certain sum for head-money, not in addition to, but in case of ratages on tillage. In forming your ratages, you will probably inquire into the acre- able ratages now established, and adopt them where they are TITHES. 113 reasonable, and reject them where they are exorbitant: where there are no acreable ratages established, the contiguous parish or county, where they are established, will furnish you with a rule. If once you appoint committees, the parson and parish will both come forth with information ; and from both you will collect the pre- sent ratages, and be enabled to make a rule. In forming this rule, you will probably think proper to exempt the poor man's garden in the south from the tithe of potatoes. The true principle, with respect to your peasantry, is exoneration ; and if I could not take the burden entirely off their back, I would make that burden as light as possible ; I would exempt the peasant's cow and garden from tithe ; if I could not make him rich, I would do the next thing in my power ; I would consider his property as sacred, and vindicate against an extortioner the hallowed circle of his little boundary. The loss to the church might be easily compen- sated, particularly if you give agistment or head-money in case of tillage. I would also relieve the north from small dues, as I would relieve the poor of the south from the tithe of potatoes ; and where these small dues had long obtained, I would make the parson compensa- tion, either by giving him head-money, or by making an estimate of these dues, and raising them in the way of other county charges. Should it be said, that we should as well exempt the peasant from rent as well as from tithe, to that uncharitable and unchristian observation, I answer, no. The land is not his own, but his labour is his own. The peasant is born without an estate ; he is born with hands, and no man has a natural right to the labour of those hands, unless he pays him : thus, when you demand of the peasant rent, you ask for your own estate ; when you demand tithe, you ask for a portion of the peasant's estate, the poor man's only estate, the inheri- tance which he has in the labour of his hands and the sweat of his brow. Human laws may make alterations, and when made must be ob- served ; but it should be the policy of human laws to follow the wis- dom of the law of nature. The result of these principles, and of these committees, proceeding on the rules I have submitted, would be the benefit of the church, as well as the relief of the farmer ; for establishing a modus on the ave- rage ratages of a certain number of years, except in cases of exaction, you would give the church as much as they have at present, except in those instances of unconscionable demand ; and as the ratages would come net to the owner of the tithe, you would, in fact, on this 114 TITHES. principle, give the church more ; the spoil of the tithe-farmer would, therefore, enable you even to lower the ratage, and yet give more to the church ; so that the result would probably be, that the moderate clergyman would get more, and the uncharitable clergyman would get less, which would be a distribution of justice, as well as of property. Having once agreed on the modus, 1 would wish to give the clergy, or lay impropriator, for the recovery of their income, any mode they chose to appoint, civil bill, or any other method, and then you will save them the charge and disgrace of an expensive agency, which expense arises from the difficulty of the recovery and the uncertainty of the demand ; and if you add the facility and cheap- ness of collection, with the certainty of income, to the quantum under the modus, on the principles I have stated, you will find the value of the church property would, even in the opinion of a notary public, be increased, though the imaginary claim would be circum- scribed and diminished. This is no commutation, no innovation ; here is only a regulation of tithe and an abolition of tithe farmers, and of those abuses which have grown out of the uncertainty of tithe ; it takes from tithe its deadly sting — uncertainty, and makes it cease to be a growing penalty on extraordinary labour, and it puts the question directly to the moderation of the church. Will you insist on an indefinite demand and unconscionable ratage, as an essential part of the Christian religion or the Protestant establish- ment ? The Bible is the answer to this question, even though the clergyman should be silent ; and therefore it is that I press this method the more, because it does not involve the subject in specu- lation, nor rest the redress of the peasantry on the ingenuity of sys- tem, but makes that relief a matter of moderation and of Christian charity. Were you disposed to go further, you might form, on this regulation, a commutation, which should more effectually relieve the plough, and should, at the same time, give the benefit of the growth of the country to the church. Let a person in each parish be ap- pointed in vestry by the parson and parishioners, and if they do not agree, let each appoint their own, who shall every year make a return of acres under tillage to applotters, who shall make a valua- tion of same according to a tithing table such as I have stated, to be established by act of parliament, and that valuation to be raised in the manner of other baronial charges. Thus the parson's income would increase with the extent of tillage, without falling principally on the j. lough. The principle of this plan, if you choose to go beyond a modus, L TITHES. 115 i3 obvious. The mechanical part of this and of the other regulation which I have submitted, will be best detailed in the provincial com- mittees, if you shall choose to appoint them; for, in fact, jour plan must arise out of the inquiry and the resolutions of these commit- tees ; and the great difficulty on the subject is your aversion to the inquiry. There are other difficulties, I allow : the difficulties of pride, the difficulties of passion, the difficulties of bigotry, contrac- tion of the head, and hardness of the heart. " Tithes are made more respectable than, and superior to, any other description of property. The high priest will not take a par- liamentary title ". That is, in other words, he thinks they have a divine right to tithe. Whence? None from the Jews: the priesthood of the Jews had not the tenth ; the Levites had the tenth because they had no other inheritance; but Aaron and his sons had but the tenth of that tenth. That is, the priesthood of the Jews had but the hundredth part, the rest was for other uses —for the rest of the Levites, and for the poor, the stranger, the widow, the orphan, and the temple. But supposing the Jewish priesthood had the tenth, which they certainly had not, the Christian priesthood does not claim under them. Christ was not a Levite, nor of the tribe of Levi, nor of the Jewish priesthood, but came to protest against that priesthood, their worship, their ordinances, their passover, and their circumci- sion. Will a Christian priesthood say, it was meet to put down the Jewish, but meet likewise to seize on the spoil ? as if their riches were of divine right, though their religion was not ; as if Christian disinterestedness might take the land and the tithe given in lieu of land, and, possessed of both, and divested of the charity, exclaim against the avarice of the Jews ! The apostles had no tithe ; they did not demand it. They, and He whose mission they preached, protested against the principle on which tithe is founded. "Carry neither scrip, nor purse, nor shoes; into whatsoever house ye go, say peace". Here is concord, and contempt of riches, not tithe. " Take no thought what ye shall eat or what ye shall drink, nor for your bodies, what ye shall put on ". So said Christ to His apostles. Does this look like a right in His priesthood to a tenth of the goods of the community ? " Beware of covetousness : seek not what you shall eat, but seek the kingdom of God". " Give alms, provide yourselves with bags that wax not old ; a 116 TITHES. treasure in Heaven which faileth not ". This does not look a right in the Christian priesthood to the tenth of the goods of the commu- nity exempted from the poor's dividend. " Distribute unto the poor, and seek treasure in Heaven". " Take care that your hearts be not charged with surfeiting and drunkenness and the cares of this life". One should not think that our Saviour was laying the foundation of tithe, but cutting up the roots of the claim, and prophetically ad- monishing some of the modern priesthood. If these precepts are of divine right, tithes cannot be so ; the precept which orders a con- tempt of riches, the claim which demands a tenth of the fruits of the Earth for the ministers of the GospeL The peasantry, in apostolic times, had been the object of charity, not of exaction. Those to whose cabin the tithe-farmer has gone for tithe of turf, and to whose garden he has gone for the tithe-pota- toes, the apostles would have visited likewise ; but they would have visited with contribution, not for exaction : the poor had shared with, the apostles, though they contributed to the churchman. The Gospel is not an argument for, but against the right-divine of * tithe ; so are the first fathers of the church. It is the boast of Tertullian, " Nemo compellitur sed sponte conferi hcec quasi deposita sunt pietatis". With us, men are not under the necessity of redeeming their reli- gion ; what we have is not raised by compulsion ; each contributes what he pleases ; modicum unusquisque stipendium vel cum velit, e+ si modo velit, et simodo posset; what we receive, we bestow on the poor, the old, the orphan, and the infirm. Cyprian, the bishop of Carthage, tells you, the expenses of the church are frugal and sparing, but her charity is great ; he calls the clergy his fr aires sportuluntes ; a fraternity living by contribution ! " Forsake", says Origen, " the priests of Pharaoh, who have Earthly possessions, and come to us who have nonp ; we must not consume what belongs to the poor ; we must be content with simple fare, poor apparel". Chrysostom, in the close of the fourth century, declares, that there was no practice of tithes in the former ages ; and Erasmus says, that the attempt to demand them was no better than tyranny. But there is an authority still higher than the opinions of the fa- thers, there is an authority of a council, the council of Antioch, in the fourth century, which declares, that bishops may distribute the goods of the church* but must take no part to themselves, nor to th<$ TITHES. 117 priests that lived with them, unless necessity required them justly : " Have food and raiment ; be therewith content". This was the state of the church in its purity ; in the fifth cen- tury, decimation began, and Christianity declined; then, indeed, the right of tithe was advanced, and advanced into a style that damned it. The preachers who advanced the doctrine, placed all Christian virtue in the payment of tithe. They said, that the Christain reli- gion, as we say the Protestant religion, depended on it. They said, that those who paid not their tithes, would be found guilty before God ; and if they did not give the tenth, that God would reduce the country to a tenth. Blasphemous preachers ! gross ignorance of the nature of things ! impudent familiarity with the ways of God ! audacious, assumed knowledge of His judgments, and a false denun- ciation of His vengeance ! And yet even these rapacious, blasphe- mous men, did not acknowledge to demand tithes for themselves but the poor ; alms ! the debt of charity, the poor poor's patrimony. " We do not limit you to a precise sum ; but you will not give less than the Jews" ; decimce sunt tributa egentium animarum, redde tri- buta pauperibus. Augustine goes on and tells you, that as many poor as die in your neighbourhood for want, you not paying tithe, of so many murders will you be found guilty at the tribunal of God ; tantornm homicidiorum reus ante tribunal Eterni Judicis apparebit. " Let us", says St. Jerome, " at least follow the example of the Jews, and part of the whole give to the priest and the poor". To these authorities we are to add the decree of two councils, the pro- vincial council of Macon, in the close of the sixth centmy, and the decree of the council of Nantz, in the close of the ninth. The first orders that tithes may be brought in by the people, that the priest may expend them for the use of the poor and the redemption of captives. The latter decrees that the clergy are to use the tithes, not as a property, but a trust ; non quasi sais sed commendatis. It was not the table of the priest, nor his domestics, nor his ap- parel, nor his influence, nor his ambition, but a Christian equipage of tender virtues, the widow, the orphan, and the poor ; they did not demand the tithe as a corporation of proprietors, like an East- India Company, or a South-Sea Company, with great rights of pro pcrty annexed, distinct from the community and from religion ; but as trustees, humble trustees to God and the poor, pointed out, they presumed, by excess of holiness and contempt of riches. Nor did they resort to decimation, even under these plausible pre- tensions, until forced by depredations committed by themselves on 118 TITHES. one another. The goods of the church, of whatever kind, were at first in common distributed to the support of the church and the provision of the poor ; but at length, the more powerful part, those who attended the courts of princes, they who intermeddled in state affairs, the busy high priest, and the servile, seditious, clerical poli- tician and particularly the abbots who had engaged in war, and had that pretence for extortion, usurped the funds, left the business of prayer to the inferior clergy, and the inferior clergy to tithe and the people ! Thus the claim of tithe originated in real extortion, and was pro- pagated by affected charity ; at first, for the poor and the church, afterwards subject to the four-fold division, the bishop, the fabric, the minister, and the poor ; this in Europe ! In England, tithe is not founded on divine right, but was said to be introduced by murder, A king of Mercia, in the seventh century, assassinates another prince in a most barbarous manner, and grants, with what power I know not, the tenth of his subjects' goods for absolution ; but in England, as elsewhere, the four-fold division took place. So says Blackstone. Nay, the preamble of the grant of Stephen recognises tithe to be alms : " Since it is divulged, far and near, by the Church, that souls may receive absolution by the grant of alms, I, Stephen, to save my own soul, that of my father's, and that of my motner's, and my relations". Then he goes on, and grants or confirms tithes and other things. Nay, there are two acts of Parliament express, one, the 13th Richard II., providing that, for the appropriation of benefices, there shall be provision made for the vicar and the poor.* The cause of this act of Parliament was benefices given to persons who did not or could not preach, lay persons, sometimes nuns (as we give them to non-residents), to the neglect of the poor's portion. These principles were departed from, and the trust most undoubt- edly buried in oblivion ; but, let me add, the Christian religion was forgotten likewise. Hence, the Reformation bringing back Christianity to its old purity; * Because divers damages and hindrances have oftentimes happened by the appropriation of benefices in some places, it is agreed, that in every license it shall be expressly compromised that the diocesan of the place shall ordain according to the value of such churches, a convenient sum of money shall be paid and dis- tributed yearly, out of the fruits and profits of some churches, to the poor parishioners of some churches, in aid of their sustenance for ever ; likewise, that the vicar be well and sufficiently endowed. Statute Henry IV. confirms this act. TITHES. 119 and hence the superior and milder order of priests, who purged the spiritual and some of the temporal abominations, but did not entirely relinquish the claim to the tithe ; though I must own great numbers have too much purity to insist on it ; a claim which I have shown to have been in its creation an encroachment on the laity, and in its application an encroachment on the poor. No divine right ; no, nor natural right : the law of nature and the law of God are the same; the law of nature doth not give property, but the law of nature abhors that disproportion of property which is to be found in the claim of 900 or 1000 men to the tenth of the goods of 3,000,000 ; a claim in the 3000th part of the community to the tenth of its property ; surfeit on the part of the few ; famine on the part of the many ; a distri- bution of the fruits of the Earth, impossible, beastly, shocking, in itself, and, when accompanied with a claim to extravagant modera- tion and purity, ridiculous and disgusting ! a claim against the pro- portions of nature and the precepts of the Gospel ! I know there are acts of Parliament on this subject. The act of Henry VIII., winch requires the setting out of the tithe ; an act of collection, not creation ; an act which had the lay impropriator in view, and which seems to take for granted a claim of superstition, founded on the pretence of charity. I know there are many subse- quent acts (which are called tithe-bills) intended to assist the collec- tion of customary, not full tithe, and in that confidence granted by Parliament. I am not now inquiring whether the claim to the full tithe is legal, but whether the application of that tithe, for the sole purpose of supporting the priest, is usurpation. And I have shown you that tithe was a charity, subject to the support of the poor in the first place, and the priest in the last. I have shown you that tithe^ does not stand on the delicate ground of private property. I have shown you that it was a trust, converted into a property by abuse ; which abuse the legislature may control without sacrilege or robbery. If a right to the full tenth is yet insisted on, give them the full tenth, on the principles on which alone they at first ventured to demand it — - subject to a poor-rate. Let the trust be executed; let widows and orphans share it; let the house of industry, and the various hospitals and infirmaries share it. Let the house of God (now an hovel re- paired at the expense of Parliament, though, by the canon law, it should be repaired by the priesthood) share it ; let the poorer order of the peasantry share it. If the clergy will insist on taking the full tithes of his potatoes, if they take the staff out of his hands, they must carry the peasant on their shoulders. 120 TITHES. Thus, the clergy, insisting on the summum jus, and the laity cm the summa justitia, the former would not be richer by the change. I should, on such a change, condole with the church, and congratu- late the poor ; and I should applaud the discretion as well as the moderation of those excellent pastors, who did not rake up from the ashes of superstition this claim to the tenth, but were satisfied with competence and character and brotherly love, and a right to live by their ministry ; a right set forth in the Gospel, and which nature had set forth, even though the Gospel had been silent. Impracticable! impracticable! impracticable! a zealous divine will say ; any alteration is beyond the power and wisdom of Parliament; above the faculties of man to make adequate provision for 900 clergy- men, who despise riches ! Were it to raise a new tax for their pro- vision, or for that of a body less holy, how easy the task! how various the means ! but, when the proposal is to diminish a tax already es- tablished, an impossibility glares us in the face, of a measure so contrary to our practices both in church and state. If you think the property of the church divine, and that when you affect it at all, you touch on holy things, then call the proposal pro- fane, sacrilegious, blasphemous ; but never call the proposal imprac- ticable. How are the clergy paid in Holland ? by fixed salary ; how in Scotland? by fixed salary ; never less than 1000 marks, nor more than 3000. Are the clergy in Scotland deficient? Has history no obligation to the clergy of that sagacious people ? How are the civil, military, and revenue establishments paid in Ireland? by fixed salary. You have not found it difficult, but fatally facile to create such sala- ries. In these last twenty years, you have created not a few, and you have done this for laymen, to whom salary was the principal ob- ject ;«but for the church, where the provision, the temporal consi- deration, is but secondary — a moderate means for the support of the great duty of prayer; to suppose the regulation of that provision im- practicable, annexes a most transcendent importance to what is gross and temporal, and a comparative insignificance to what is pure and spiritual, and throws a certain complexion of grossness, and inabsti- nence, on certain devout and most learned controversionalists. If, in- deed, you conceive what is given in commutation should be equal to the tenth of your produce, the impracticability is admitted. While I admire the enormity of the suggestion, I acknowledge the impracti- cability of the execution of it. I believe the legislature will never agree to give them the tenth either in commutation or tithe ; both are impracticable; such a claim, and such a commutation! that 900 men should have the tenth of the property of 4,000,000, and you will find TITHES. 121 we avc much more. The custom of the country, the modus of several places, your own vote of agistment, and above all, the interest of reli- gion and of frugal piety, forbid it; give them the tenth, and you give away your religion. But if you mean a commutation for customary profits, not extravagant claims, I think I have shown you that commu- tation is not impracticable ; I have shown you how their present liv- ings can be discovered, and can be commuted. The value is not an impenetrable mystery ; there is hardly a parish in which you could avoid to find twelve respectable parishoners who would ascertain their ratages and their income ; nor is there a clergyman who could not tell you, nor a tithe-farmer, nor a tithe-proctor, nor a bishop, for he, in his traffic with the minister about translation, generally gives in a schedule of the value of the livings in his diocess. I think it un- necessary to add, that there are several acts, and one of the last session, requiring such a discovery, and the ratages in certain cases to be made on oath. Men are apt to argue as if an error in that discovery might be fatal, as if the essence of religion was in the quantum of solid food, and as if £30 a year more, or £30 less, would be a difference decisive as to the propagation of the Gospel. The inaccuracy that may attend the various ways of information on this subject cannot be much, and if it shall, in a small degree, lower the great livings, and raise the small, cannot be fatal. I should not wish to give the ministers of the Gospel less than they have at present, except in some cases of hardship and extortion; but suppose some of them did receive less, would the church fall? The importance and the difficulty of accuracy on this question are both overrated. This objection of impracticability, therefore, against the commuta- tion is but a pretence, and against a modus is not even a pretence ; or is it impracticable to inquire into the present ratages, and on that information to proceed ? If so, if this step is impracticable, the abuses that grow out of tithes are incurable ; and then you ought to reject the system of tithe as an incorrigible evil, and recur to another mode of paying your clergy. If a modus ii impossible, a commu- tation is necessary. We are apt to conceive public cares impracticable ; everything bold and radical in the shape of public redress, is termed imprac- ticable. I remember when a declaration of right was thought impractica- ble ; when the independency of the Irish Parliament was thought impracticable ; when the establishment of a free trade was thought 222 TITHES. impracticable; when the restoration of the judicature of our peers was thought impracticable; when an exclusion of the legislative power of the council was thought impracticable ; when a limited mutiny-bill, with Irish articles of war in the body of it, and the declaration of right in its front, was thought impracticable ; when the formation of a tenantry bill, for securing to the tenantry of Ireland their leasehold interest, was thought impracticable ; and yet those things have not only come pass, but form the base on which we stand. Never was there a country to which the argument of impracticability was less applicable than Ireland. Ireland is a great capacity not yet brought into action ; much has been civilized, much has been reclaimed, but something is to be re- dressed ; the lower orders of the people claim your attention ; the best husbandry is the husbandry of the human creature. What ! can you reclaim the tops of your mountains, and cannot you improve your people ? Every animal except the tiger, as I have heard, may be tamed ; the method is to feed, to feed after a long hunger ; you have with your own peasantry began the process, and you had better complete the experiment. Inadequate ! inadequate ! interposes the advocate for exaction, the rich will intercept the relief intended by Parliament. This objection supposes the condition of the peasantry to be poor in the last degree ; it supposes that condition to arise from various complicated causes — low price of labour, high price of land, number of absentees, and other causes ; and it refers the poor to the hangman for regulation, and to Providence for relief ; and it justifies this abandonment of one part of the community by a crimination of the other, on a surmise that the upper orders of men in this country are complete extortioners, and would convert abatement of tithe into in- crease of rent, and thus intercept the justice of Parliament. Here I must absolutely and instantly deny the fact ; the landlords are not as described ; expensive frequently, I allow, but an hospitable, a humane, and affectionate people ; the genius of the Irish nation is affection ; the gentlemen are not extortioners by nature, nor (as the tithe-farmer is) by profession. In some cases they do set their land too high, in many not ; and on that head they are daily becoming more reasonable. Your magistracy bill, your riot act, your compensation bill, what becomes of the authority of these laws with the lower orders, if you argue them into a conviction that the landlords of Ireland, that is, th c landed interest, who passed these acts in their collective capacity, are, in their individual capacity, but so many extortioners ? Look to TITHES. 123 the fact, to their leases for thirty-one years, or three lives ; look to their lands. See the difference between the lands of laymen who have an interest in the inheritance, and of churchmen, who have only the esprit de corps, that is a false and barren pride, in the succes- sion ! Look to the landlords' conduct — they pass a tenantry bill ; the bishops rejected a lease bill, and have almost uniformly resisted every bill that tended to the improvement of the country, if, by the remotest possibility, their body could be in the smallest degree pre- judiced in the most insignificant of its least warrantable pretensions. But if still you doubt, call forth the tenantry, and put the question to them ; do not take your opinion from the oppressor; ask the oppressed, and they will tell you what we know already — that the great op- pression is tithe ; the middleman's overreaching, as in many instances I acknowledge he is, compared to the tithe-farmer's, is mercy. Suppose him as destitute of compunction, he is not armed with the same powers of torture ; though he had the same genius for oppression, he has not his own tribunals, nor can he put the countryman to ex- pense of attending on vicars' courts, nor of watching his crop, nor of delaying his harvest-home, nor of notices, nor summonses, nor of drinking at his alehouse while the value of the tithe is computed, nor of all that train of circumstances and charge with which the un- certain dues of the church are now collected, at the expense of the I morals of the people. But if the charge was founded in fact, it is not an argument, and has nothing to say to the question, where similar exertions of oppres- sion, if morally probable, are rendered legally impossible. The land- lord cannot, in consequence of exemption from tithe, raise his rent on his lessees during the continuance of the term. Now, do you imagine that it is the cottager only, and not the lessee also, that complain of tithe? they are both aggrieved ; the tenantry of Ireland are aggrieved ; the lessee, therefore, must be relieved by the plan, and the cottager cannot be equally oppressed, because he agrees for his rent before he sows his crop, but pays his tithe afterwards ; the latter of course must be, and the former cannot be, a charge for his extraordinary labour. Rent is a charge on land, tithe on labour; the one definite, the other indefinite ; they are not convertible. Increase your rent under any pretence, still it must avoid the essential evil of tithe ; the evil of being arbitrary ; a tax rising with industry. Suppose the severest case — one pound an acre advanced rent for potato ground — the cottager, by extraordinary labour works himself comparatively out of his rent, and into a greater tithe ; thus extortion by rent is but a cruel compulsion on extraordinary labour, but tithe a penalty. 124 TITHES. There are certain arguments, which, leading to something absurd and nonsensical, are stricken out of the tribe of logic ; those argu- ments should meet the same fate which lead to something that is worse than either nonsense or absurdity, to cruelty and to oppression. Of this tribe is the reasoning I now combat, an argument which would leave the landlords without character, to leave the common people without redress. I condemn the premisses, but I abhor the conclusion. What ! should the clergy oppress the poor because the landlords, as is alleged, do so already ? Because the latter, as is alleged, overvalue land, shall the church overcharge labour ? Because the peasant pays, as is alleged, sometimes five or six pounds per acre for his land, shall he pay twelve or twenty shillings to the parson for his potatoes? The premisses of this argument impeach the character of the higher order v and the conclusion would steel one order against the other, and the result of such reasoning would leave you, what it affects to find you, wicked and miserable; and common sense and Christian charity lift up their hands against such an opprobrious premiss, and such a per- nicious conclusion. If such were the state of our country, the church should interpose and give a good example, and not follow a bad one ; they should say : We will take the lead ; we will ourselves moderate the exac- tions which oppress the poor ; if the rich take advantage, and frus- trate our pious intention, we are not in fault ; the character of reli- * gion is free ; her ministers do not participate in the plunder of the people. The vote of agistment left the measure I propose practi- cable, and made it necessary. By that vote you sent the parson from the demesne of the gentleman into the garden of the cottager ; by that vote you said : You shall not tax us : it remains for you to say : You shall not tithe ^the poor unconscionably. But going as far as that vote and no farther, you declare to the proprietors of tithe : Tithe the poor as you please, provided we do not pay you : and this is what some mean by their zeal in support of the church. This is the more exceptionable, when you recollect that, of the poor who pay your clergy, there are numbers of a different religion, who of course receive no consideration from your clergy, and must pay another clergy. The Protestant interest may require that these should contribute to the Protestant establishment ; but the propor- tion and the manner in which you now make them contribute, re- dound but little to Protestant honour, either in church or state. Ay; but will you encourage tumult? Will you reward the Whiteboy? Will you give a premium to disturbance? Sir, do not advert so lightly to the state of this country, nor pass so superciliously TITHES. 125 over general distress, as to think that the Rightboy or "Whiteboy, or by whatever other vagrant denomination tumult delights to describe itself, are the only persons who sutler by the present state of tithes; there are two other descriptions who are oppressed by them ; those who did nothing in the late disturbances, and those who took part to quell them. Can you suppose so many would be neutral in the sup- pression, if they had not been a party to the oppression ? And have you complained of the languor of your magistracy, and the supineness of the Protestant country gentleman, without adverting to the reason? The tumult was confined, but the suffering was extensive. But there is another body of men who suffer ; they who took part to suppress. Have they any pretensions ? Do you deny that they are sufferers ? They will come to the bar and prove it : they will prove two things very material, very worthy your attention — their merit and their suffering. Yes ; but will you innovate ? Admit this argument, and we sit here to consecrate abuses. The statutes of mortmain were innova- tions ; the suppression of monasteries innovation ; the Reformation innovation ; for what is the Protestant religion but the interposition of Parliament, rescuing Christianity from abuses introduced by its own priesthood ? Institutions, divine and human, corrupt by their nature or by ours; the best human institution — the British constitution — did so corrupt, that at different periods it was anarchy, oligarchy, despotism, and was restored by Parliament. The only divine institution we know of — the Christian religion — did so corrupt as to have become an abomination, and was rescued by act of Parliament. Life, like establishments, declines ; disease is the lot of nature ; we oppose its progress by strong remedies ; we drink a fresh life at some medicinal fountain, or we find a specific in some salubrious herb ; will you call these restoratives innovation on the physical economy ? Why then, in the political economy, those statutes which purge the public weal, and from time to time guard the infirm animal, man, against the evils to which civil society is exposed — the encroach- ments of the priest and the politician ? It is then on a false surmise of our nature, this objection ; we five by a succession of amendments ; such is the history of man ; such, above all, is the history of religion, where amendment was even op- posed ; and those cant expressions, the supporting church and state, were ever advanced to continue the abuse of both. On those oc- casions, prejudices, from the ragged battlement of superstition, ever 126 TITHES. screened innovation. When our Elizabeth established the Protestant religion, she was called an innovatress ; when Luther began the Re- formation, he was called an innovator ; nay, when Herod and the high priest Caiphas (and high priests of all religions are the same) heard that one had gone forth into the multitude preaching, gather- ing the poor like the hen under her wing; saying to the rich: Give unto the poor, and look for treasures in Heaven, and take heed that your hearts be not overcharged with luxury, surfeit, and the eases of this life: I say, when Herod and the high priest saw the Author of the Christian religion thus giving countenance and comfort and hope to the poor, they were astonished; they felt in His rebuke of their own pomp and pride and gluttony and beastliness, great inno- vation : they felt in the sublimity of His morals, great innovation ; they saw in the extent of His public care, great innovation ; and, accordingly, they conspired against their Saviour as an innovator, and under the pretence of supporting what they called the church and state, they stigmatized the redemption of man, and crucified the Son of God! If we were desirous to retort on the church the argument of inno- vation, its own histoiy is fertile. What is the idea of property in the church but an innovation ? their conversion of property from the great body of Christians to their own use? — innovation: their tem- poral power? — innovation : their application for donations equal to a tenth? — innovation : their conversion of those donations to their own use ? — innovation : their excluding the fabric of the church, as well as the poor, from the benefit of those donations ? — innovation : their various tithe bills ?— innovation : their riot act ?— innovation : their compensation act? — innovation. To judge of the objection of innovation against my plan, see what that plan does not do. It does not affect the doctrine of our religion ; it does not alter the church establishment; it does not affect the constitution of episco- pacy. The modus does not even alter the mode of their provision ; it only limits the quantum, and limits it on principles much less severe than that charity which they preach, or that abstinence which they inculcate. Is this innovation ? As if the Protestant religion was to be propagated in Ireland, like the influence of a mi- nister, by bribery ; or, like the influence of a county candidate, by money ; or, like the cause of a potwalloping canvasser, by the weight of the purse. As if Christ could not prevail over the Earth unless mammon took Him by the hand. Am I to understand that if you give the parson twelve shillings in the acre for potatoes, and TITHES. 127 ten shillings for wheat, the Protestant religion is safe on its rock; but if you reduce him to six shillings the acre for potatoes and wheat, then Jupiter shakes the Heavens with his thunder, Neptune rakes the deep with his trident, and Pluto leaps from his throne ! See the curate. He rises at six to morning prayers ; he leaves company at six for evening prayers ; he baptizes, he marries, he churches, he buries, he follows with pious offices his fellow-creature from the cradle to the grave, for what immense income — what riches to reward these inestimable services ? Do not depend on the penury of the laity, let his own order value his deserts ; £50 a year! £50 for praying, for christening, for marrying, for churching, for burying, for following with Christian offices his fellow-creature from cradle to grave — so frugal a thing is devotion, so cheap religion, so easy the terms on which man may worship his Maker, and so small the income, in the opinion of ecclesiastics, sufficient for the duties of a clergy- man, as far as he is connected at all with the Christian religion. I think the curate has by far too little ; bloated with the full tenth, I think the church would have abundantly too much. The provision of the church is not absolute property, like an estate, but payment for a doty — it is a salary for prayer, not the gift of God independent of the duty. He did not send His Son to suffer on Earth to establish a rich priesthood, but to save mankind ; it is the donation of the laity for the duty of prayer. The labourer deserves hire for doing his duty ; he is paid not as a high priest, but a pastor, in his evangelic, not his corporate capacity. When 'he desires to live by his ministry he demands his right ; when he demands the tenth of your wealth he demands your right, and he presumes riches to be the right of the church, instead of supposing what he ought — the Gospel to be the right of the people, and competency for preach- ing the Gospel, not luxury, to be the right, as it is the profession of the church. A provision for the ministers of the Gospel on its own principles, keeping clear of the two extremes — poverty on the one side, and riches on the other ; both are avocations from prayer — poverty, which is a struggle how to live, and riches, which are an occupation how to spend. But of the two extremes I should dread riches, and above all, such indefinite riches as the tenth of the in- dustry, capital, and land of 3,000,000 would heap in the kitchens of 900 clergymen — an impossible proportion, but if possible, an avoca- tion of a very worldly kind, introducing gratifications of a very temporal nature — passions different from the precepts of the Gospel — ambition, pride, and vain-glory. Add to this acquisition of the tenth ; the litigation which must attend it, and the double avocation of 128 TITHES. luxury and law ; conceive a war of citations, contempts, summonses, civil bills, proctors, attorneys, and all the voluminous train of dis- cord carried on at the suit of the man of peace, by the plaintiff in the pulpit, against the defendants, his congregation. It is a strong argument against the tenth, that such claim is not only inconsistent with the nature of things, but absolutely incompatible with the ex- ercise of the Christian religion. Had the apostles advanced among the Jews pretensions to the tenth of the produce of Judea, they would not have converted a less perverse generation ; but they were humble and inspired men ; they went forth in humble guise, with naked foot, and brought to every man's door in his own tongue the true belief. Their word prevailed against the potentates of the Earth ; and on the ruin of barbaric pride and pontific luxury, they placed the naked majesty of the Christian religion. This light was soon put down by its own ministers, and on its extinction a beastly and pompous priesthood ascended — political potentates, not Christian pastors, full of false zeal, full of worldly pride, and full of gluttony, empty of the true religion ; to their flock oppressive, to their inferior clergy brutal, to their king abject, and to their God impudent and familiar; they stood on the altar as a stepping-stool to the throne, glozing in the ear of princes, whom they poisoned with crooked principles and heated advice, and were a faction against their king when they were not his slaves, the dirt under his feet, or the poinard in his heart. Their power went down — it burst of its own plethory — when a poor reformer with the Gospel in his hand, and with the inspired spirit of poverty, restored the Christian religion. The same princi- ple which introduced Christianity guided reformation. What Luther did for us, philosophy has done in some degree for the Roman Ca- tholics, and that religion has undergone a silent reformation ; and both divisions of Christianity, unless they have lost their under- standing, must have lost their animosity, though they have retained their distinctions. The priesthood of Europe is not now what it was once ; their religion has increased as their power has diminished. In these countries particularly, for the most part they are a mild order of men, with less dominion and more piety, therefore their character may be, for the most part, described in a few words — morality, en- lightened by letters and exalted by religion. Such, many of our parochial clergy, with some exceptions however, particularly in some of the disturbed parts of the kingdom — such, some of the heads of the church — such, the very head of the church in Ireland. That comely personage who presides over a vast income, and thinks he has TITTIES. 129 great revenues, but is mistaken, being in fact nothing more than the steward of the poor, and a mere instrument in the hand of Providence, making the best possible distribution of the fruits of the Earth. "Of all institutions", says Paley, " adverse to cultivation, none so noxious as tithe, not only a tax on industry, but the industry that feeds mankind". It is true, the mode of providing for the church is exceptionable, and in some parts of Ireland has been, I apprehend, attended with very considerable abuses : these are what I wish to submit to you. You will inquire whether, in some cases, the demands for tithes have not been illegal, the collection of them oppressive, the excess of de- mand uncharitable, and the growth of it considerable and oppressive. Whether, in all cases, the tithe-farmer has been a merciful pastor, the tithe-proctor an upright agent, and even the vicar himself an unbiassed judge. In this inquiry, or in forming some regulations for this inquiry, you will not be withheld by the arguments of pride, bigotry, and prejudice. That argument which, reflecting on God, maintains the sacred rights of exaction ; that other argument which, reflecting on Parliament, denies your capacity to give redress ; that other argument which, reflecting on human nature, supposes that you inflame man- kind by redressing their grievances ; that other argument which traduces the landed interest of Ireland as an extortioner, and belies one part of the community to continue the miseries of the other — an argument of calumny, an argument of cruelty. Least of all should you be withheld by that idle intimation stuffed into the speech from the throne, suggesting that the church is in danger, and holding out from that awful seat of authority, false lights to the nation, as if we had doted back to the nonsense of SacheveraFs days, and were to be ridden once more by the fools and bigots. Parliament is not a bigot ; you are no sectary, no polemic ; it is your duty to unite all men, to manifest brotherly love and confidence to all men. The pa- rental sentiment is the true principle of government. Men are ever finally disposed to be governed by the instrument of their happiness - — the mystery of government, would you learn it ? Look on the Gospel, and make the source of your redemption the rule of authority; and, like the hen in the Scriptures, expand your wings and cover all your people. Let bigotry and schism, the zealot's fire, the high priest's intole- rance, through all their discordancy tremble, while an enlightened Parliament, with arms of general protection, overarches the whole community, and roots the Protestant ascendency in the sovereith hold out to the former Commutation of tithes. With respect to the Protestant church, whatever may be his wishes in favour of its duration, he takes the strongest measures to accomplish its destruction ; for he attempts to disgrace it to all eternity. He is employing, or his agents are employing, several o. its members to negotiate away the constitution, and to mendicate addresses transferring to another country the parliament and legisla- tive power of their own ; disfranchising the very people by whom the church is fed, and deserting the holy mission of God to fulfil this profligate mission of the minister. Give up your country, says the minister ; give up your character, and be immortal. So said Charles the First to his church when he prostituted the Gospel, and regimented the clergy into battalions against the constitution, and overturned the church by its own infamy. At the same time that the minister endeavours to take away the 240 ANTI-UNION SPEECHES. authority of one church, his advocates tell you that he proposes to give salaries to another ; that is, they tell you that he proposes to bribe the Catholic clergy, if they will betray the constitution. In whatever form of religion our pious court contemplates the Almighty, it ever occurs to convert Him to some diabolical purpose. The Catholics had been accused pretty liberally of disloyalty by those very advocates who now seem to think it proper to reward their imputed treasons against the king, provided they shall be followed up by real treasons against the people. I do not believe, I never did believe, the general charges made against the Catholics ; I do not dispute, I never did dispute, the propriety of giving salaries to their clergy ; but it should be salaries, not bribes — salaries for the exercise of their religious duty, and not wages for the practice of political apostacy. According to this plan, the Catholic religion, it would seem, disqualified its followers to receive the blessings of the constitution ; but the priest's hostilities to that constitution qualify him to receive a salary for the exercise of that very religion which is at once punished by civil disability and encouraged by ecclesiastical provision ; as good Catholics they are disqualified, and as bad citizens they are to be rewarded. The minister proceeds : he proposes his third bribe, namely, the abolition of tithes. You observe, such a proposal does not seem to form part of his Union, but is an offer kept back to be regulated, modified, and qualified, wheu the Union is passed, and the consider- ation is given. I approve of a modus as a compensation for tithe, but I do not approve of it as a compensation for parliament ; when I proposed that measure, and was opposed by men by whom I could only be opposed, and could not be answered, I was told by the king's ministers that commutation of tithe was the overthrow of the church. Couple the project of the minister now with the argument of his agents then, and the combined idea amounts to this, that it is prudent to overturn the church, provided at the same time you over- turn the constitution ; but the fact is, that the argument at that time was false, and the proposal at this time is fallacious ; the argument had for its object personal calumny ; and the proposal^ national extinction. The minister has not done with bribes ; whatever economy he shows in argument, here he has been generous in the extreme. Parson, priest (I think one of his advocates hints the Presbyterians) are not forgotten ; and now the mercantile body are all to be bribed, that all may be ruined. Pie holds out commercial benefits for political annihilation ; he offers you an abundance of capital, but first he ANTI-UNION SPEECHES. 241 takes it away ; he takes away a great portion of the landed capital of the country by the necessary operation of Union ; he will give you, however, commercial capital in its place ; but first he will give you taxes. It seems it is only necessary to break the barriers of liberty, and the tides of commerce will flow in of course ; take away her rival in landed capital, and then commercial capital advances without fear. Commerce only wants weight, u e. taxes, it seems, in order to run with new spirit. He not only finds commerce in the retreat of landed capital, but he finds corn also. His whole speech, is a course of surprises ; the growth of excision, the resource of incum- brance, and harvests sown and gathered by the absence of the proprietors of the soil and of their property. All these things are to come. When ? He does not tell you. Where ? He does not tell you ? You take take his word for all this. I have heard of a banker's bill of exchange, Bank of England's notes, Bank of Ireland's notes ; but a prophet's promissory note is a new traffic ; all he gets from Ireland is our solid loss ; all he promises are visionary, distant, and prophetic advantages. He sees, I do not, British merchants and British capital sailing to the provinces of Connaught and Munster ; there they settle in great multitudes, themselves and families. He mentions not what description of manufacturers : who from Birming- ham; who from Manchester ; no matter, he cares not; he goes on asserting, and asserting with great ease to himself, and without any obligation to fact. Imagination is the region in which he delights to disport ; where he is to take away your parliament, where he is to take away your final judicature, where he is to increase your taxes, where he is to get an Irish tribute, there he is a plain direct, matter-of-fact man ; but where he is to pay yon for all this, there he is poetic and prophetic ; no longer a financier, but an inspired accountant. Fancy gives her wand ; Amalthea takes him by the hand ; Ceres is in her train. The English capitalist, he thinks, will settle his family in the midst of those Irish Catholics, whom he does not think it safe to admit into parliament ; as subjects, he thinks them dangerous ; as a neighbouring multitude safe. The English manufacturer will make this distinction ; he will dread them as individuals, and confide in them as a body, and settle his family and his property in the midst of them : he will therefore, the minister supposes, leave his coal mines, leave his machinery, leave his comforts, leave his habits, conquer his prejudices, and come over to Ireland to meet his taxes and miss his constitution. They did not do this when the taxes of Ireland were few ; we were indeed told they would, as we are now told 242 ANTI-UNION SPEECHES. They did not do this when there was no military government in Ireland. However, as prejudices against the country increase, he supposes commercial confidence may increase likewise. There is no contradicting all this, because arguments which reason does not suggest, reason cannot remove ; besides, the minister in all this does not argue, but foretel. Now you can scarcely answer a prophet ; you can only disbelieve him ; his arguments are false, but his inspiration may be true; appearances, however, are against them; for instance, a principal ground of complaint in Ireland is a misapplication of landed capital, or the diversion of it to other countries from the cultivation of Ireland, where great tracts remain either totally neglec- ted or superficially improved ; where the tenantry have not capital, and the land can be reclaimed only by the employment (and a very rational employment it would be) of part of the rent arising there- from, on the soil which produced it, improving, however, gradu- ally since the establishment of our free constitution, which contains in itself the power of checking the evil I speak of, and which, by adding to the consequence of the country, will naturally diminish the number of absentees, comparatively aided as it must be by the growth of English taxes, unless by a Union we adopt those taxes in Ireland. How does he remedy this disorder ? He finds a great absentee draught ; he gives you another; and having secured to you two complaints, he engages to cure both. Another principal cause of complaint, is another effect arising from the non-residence of Irish landlords, whose presence on their own estates is necessary for the succour as well as the improvement of their tenantry ; that the peasant may not perish for want of medicine, of cordial, and of cure, which they can only find in the administration of the landlord, who civilizes them and regulates them in the capacity of a magistrate, while he husbands and covers them in that of aprotecter, improving not only them but himself by the exercise of his virtues, as well as the dispensation of his property, drawing together the two orders of society, the rich and poor, until each may administer to the other, and civilize, the one by giving, and the other by receiving ; so that aristocracy and democracy may have a head and a body ; so that the rich may bring on. the poor, and the poor may strengthen the rich ; and both contributing to the strength, order, and beauty of the state, may form that pillar of society, where all below is strength, and all above is grace. How does his plan accomplish this ? He withdraws their landed gentlemen, and then improves Irish manners by English factors ; but I leave his trifling, and come to his threats. As he offered before a trade which he had not to give, so now he ANTI-UNION SPEECHES. 213 menaces to withdraw a trade which he cannot take away ; his threat is founded on a monstrous assertion, that our principal branches of commerce are due to the liberality of England. Liberality of England to Irish commerce ! Where are we to look for it ? In what part of the century ? For near one hundred years (it is a long time), the minister himself disclaims the illiberal policy of his country. Is it at the close of this century; for instance, in His Majesty's speech from the throne in the year 1775. where he is advised to signify his intention to maintain the principle of American taxation over all his dominions ? Or is it in the embargo of the same period ? Or is it in the tea tax imposed on Ireland by the British Parliament about the period of 1779 ? Or will he say this liberality appears in the mockery of those bills, in which England affected to relieve the distresses of Ireland ? Was it in the English act, giving the Irish a power to catch whales, or in that other bill, permitting the Irish to plant tobacco? Or was it in 1778 that this liberality made its appearance? No: for I remember in that period, supporting an address for the extension of Irish commerce ; and I remember also being opposed and defeated by the immediate interposition of the Crown. It is not then in the period of 1778 that we are to look for this liberality. Was it in the period 1779, the time of the short money bill, of the non-consumption agreement, and of the Irish requisition of free trade ? Here is the liberality of England; she was just then, she was liberal never; and she was just to you then, because you were then just to yourself; she has been faithful since ; I for one shall be satis- fied with her fidelity and justice, and on these occasions I acknow- ledge both. Are there any further instances in which we are to look for English justice in the subject of Irish trade? Yes; there is another, in 1793, on the subject of the reexport. An attempt had been made to carry that point for Ireland in 1786, contained in two resolutions which I moved as an amendment to the navigation act, ivhich has been charged to Ireland as a favour, but which was in fact jobbed to the British ministry by him who made the charge, and sold without any clause of equality and reciprocity. But after- wards in 1793, a reexport bill passed in Great Britain in favour of Ireland, exactly at the time when the charter of the East India Company expired, and an Irish bill was necessary and did pass to secure her monopoly for a limited time : such is the history of British concession. Now look at the tariff, or see what has been the result ; greatly in favour of England. Under the head of home manufacture and colonial produce, in favour of England ; under the head of raw, 244 ANTI-UNION SPEECHES. material, the produce of their respective countries, above two millions in favour of England. Under the head of foreign articles, a great balance in favour of England. Add to this an absentee rental of considerably above a million, and you will find there is a sum of above four millions annually, in which Ireland administers to Great Britain, and pours herself, as it were, abundantly and without reserve into the British dominion. This is the trade the minister threatens to alter, and thinks he threatens not Great Britain, but Ireland. Here he will have some difficulty; and first, the covenant of 1779. He denies that cove- nant ; he says, that all the great commercial advantages of Ireland are to be ascribed to the liberality of the British Parliament, and not to the Irish Parliament. Wherever he meets an Irish covenant, he gives it no quarter. I will state the fact, and let the public judg§* In October, 1779, an address passed the Irish Commons, containing a* requisition for a free trade : it was followed by a motion declaring that the Irish Commons would not, for the present, grant new taxes ; it was followed by a limitation of the act of supply to the duration of six months only. It was considered in England, and attended with resolutions moved by the then minister, purporting to repeal certain restrictive acts on the free trade of Ireland, and to grant a direct intercourse between Ireland and his Majesty's plantations, subject to equality of duty. These resolutions were considered in the Parliament of Ireland ;* they were voted satisfactory. A long money bill was then passed, and new taxes were then granted in consideration thereof, and this he calls no covenant. He has denied, it seems, the linen covenant ; he has denied this commercial cove- nant of 1779 ; and he has denied the constitutional covenant of 1782; and having disclaimed the obligation of three treaties, he now proposes a fourth, in which he desires you to give up your parliament to secure his faith in time to come. I argue in a different manner ; I argue from his disposition to dispute the validity of covenant to the necessity of the existence of parliament — an Irish parliament — the guarantee of those covenants, which has the power to preserve the obligation, or resources to retaliate. Does the minister, when he talks of an eleemosynary trade, recollect how the Irish Parliament could affect the East India Company by discontinuing the act of 1793, granted but for a limited time ? Does he recollect how she could affect the British West India monopoly by withdrawing her exclusive consumption from the British plantations ? Does he recol- * See tha resolutions and the law expressing the condition and covenant. ANTI-UNION SPEECHES. 245 lect how we could affect the navy of England by regulations regard- ing our Irish provisions ? Does he recollect how we could affect her empire by forming commercial intercourse with the rest of the world ? But let not this depend upon idle threats, threats which never should have been advanced on our side, if they had not been first most imprudently introduced on his. I say, let not the argument rest on threats, but let it rest on the past experiment ; the experiment has been made ; we got our trade by our resources and our parliament ; we will keep our trade by affection and by covenant. But should a British minister choose to despise those tenures, we have another ; we can keep our trade by the means by which we have obtained it, — our parliament, our resources. He speaks of the linen trade. On this subject, indeed, he has been answered, as he has upon the others, by the argument and by the experiment; the argument which proves that the bounty on linen was not granted for the sake of Ireland, and that Irish linen sells itself. But suppose his reasoning in this case to be as true as it is fallacious, what does it amount to ? That his country robbed Ireland of her free trade in the last century, and gave her, in the place of it, the export of one solitary manufacture, depending on the charity of England ; and now he proposes to rob Ireland of that manufacture, unless Ireland consents to be robbed of her parliament ! He has no other ground of triumph but the disgrace and dishonour of his country ; however, her case is better than he has stated it ; and that is proved by the experiment ; for in 1779, we were encountered by the same threats on the same subject ; we despised those threats ; we put the question to a trial ; we entered into a non-consumption agreement ; we demanded a free trade ; the free trade we obtained ; the linen trade we preserved. What he cannot reconcile to your interests, he affects to reconcile to your honour. He, the minister, " his budget with corruption crammed ", proposes to you to give up the ancient inheritance of your country ; to proclaim an utter and blank incapacity, and to register this proclamation of incapacity in an act which inflicts on this ancient nation an eternal disability : and he accompanies these monstrous proposals by undisguised terror and unqualified bribery, and this he calls no attack on the honour and dignity of the kingdom. The thing he proposes to buy, is what cannot be sold — liberty ! For it, he has nothing to give ; everything of value which you possess, you obtained under a free constitution ; part with it, and you must be not only a slave but an idiot. His propositions not only go to your dishonour, but they are 246 ANTI-UNION SPEECHES. built upon nothing else : he tells you, it is his main argument, thai you are unfit to exercise a free constitution : and he affects to prove it by the experiment. Jacobinism grows, says he, out of the very state and condition of Ireland. I have heard of parliament impeach- ing ministers ; but here is a minister impeaching parliament ; he does more — he impeaches the parliamentary constitution itself : the abuses in that constitution he has protected ; it is only its being that he destroys ; on what ground ? Your exports since your emancipation, and under that parliamentary constitution, and in a great measuie by -that parliamentary constitution, have nearly doubled ; commer- cially it has worked well. Your concord with England since the emancipation, as far as it relates to parliament on the subject of war, has been not only approved, but has been productive ; imperi- ally, therefore, it has worked well. What then does the minister in fact object to ? That you have supported him ; that you have concurred in his system ; therefore he proposes to the people to abolish the parliament, and to continue the minister. He docs more — he proposes to you to substitute the British Parliament in your place, to destroy the body that restored your liberties, and to restore that body which destroyed them. Against such a proposi- tion, were I expiring on the floor, I should beg to utter my last breath, and record my dying testimony. February 5, 1800. But the minister alleges that Jacobinism grows out of our situ- ation ; and that situation he explains to be our separate parliament ; and he thinks that enough. An ancient constitution and a recorded covenant are to be put down by that sentence. It is no longer a question, you see, according to him, of right or of treaty, but of convenience : expediency is to be the measure of both : and yet he will not say to England : Jacobinism grows out of a popular consti- tution, therefore strike out the people. His idea is a paradox ; namely, that the spirit of democracy, which he means by Jacobinism, grows from the King, or from the chamber of the Lords, or from the chamber of the commons, in which aristrocracy has no small share of power. In fact, his assertion is, that democracy grows out of monarchy and aristocracy, with certain popular mixture ; that is, the excels grows out of the temperament ; his instances are nothing; enough to say he thinks it. Jacobinism grows out of your constitu- ANTI-UNION SPEECHES 247 tion ; and therefore down with the Lords, down with the commons, hew down the chair in one house, and the throne in the other, and let huge innovation enter. Never was it known in the English constitution that the excesses of the popular branch were made an argument for destroying any integral part of the constitution, still less the constitution .itself. The English cut off the head of Charles the First ; was that made an argument, on the restoration, for putting down the popular branch of the English constitution ? James the Second put down liberty ; was that made an argument afterwards for putting down monarchy? The Parliament of England, in the close of the present century, lost America at the expense of above an hundred millions of debt ; was that made an argument for putting down parliament ? Excesses committed by any one integral part of the constitution have never been urged as arguments for putting down that integral part, still less for putting down the whole ; and, least of all, have excesses committed by the people been urged against the constitution itself, particularly where the constitution endeavoured to restrain those excesses. I should be glad to know how he composes this Jacobin- ism at which he trembles. I really believe he means to impose a military government, and that his Union imports nothing less, and that the tranquillity tolked of is the mere result of that intention. But he professes the contrary : he professes similarity of privilege : of course, he must leave the press of Ireland, and the power of forming clubs and associations in Ireland, on the same ground as in Great Britain, where both exist. Thus he leaves, or professes to leave, the powers of agitation, and takes away the constitution of parliament, which is to keep them in order. He does more : he leaves a provincial government or an Irish court without the control of a resident parliament ; for the governments are not consolidated, though the parliaments are. He leaves that provincial court free from native control, and of course, with great powers of provocation and irritation, and the prospect of impunity. The ministers of Union will be the ministers of the country — a wise exchange ; you keep your court, and banish your constitution. You banish your constitutional and resident parliament, and, of course, the authority which is to restrain the abuse of power and the abuse of privilege, and this he calls a measure of tranquillity. He does more in favor of Jacobinism : he gives it a complete triumph over aristocracy. What is the claim or charge of democracy ? That the upper orders are incapable to legislate for the country. You do not know the strength of your case, says the minister ; you think 248 ANTI-UNION SPEECHES. you understand Jacobinism, but I will convince you you are mistakes £ you do not know how to overset the higher order, leave it to me ; I will get that higher order to echo your charge ; I will propose a Union, wherein the higher order is to proclaim and register their own inca- pacity in the rolls of their own parliament. Thus, I think, as far as relates to tranquillity, his own plan is a refutation of his own argu- ment ; a false and fatal idea of public tranquillity I think it, to take refuge from your own liberties in the domination of another country, and to surrender, as a pledge of peace, a constitution which you have stipulated to defend with your lives and fortunes. That consti- tution I think I have shown to be adequate to the purpose of trade, and to be faithful to that of connection, but I do not think it adequate to the purpose of surrender. This introduces a new question, the competence of parliament to surrender the constitution. The project of Union appears to me to be nothing less than the surrender of the constitution. It reduces the Commons of Ireland to one-third, leaving the Parliament of England their present proportion ; it redu- ces the Commons of Ireland, I say, to one-third ; it transfers that third to another country, where it is merged and lost in the superior numbers of another parliament; he strikes off two- thirds, and makes the remaining English ; those Irish members residing in England will be nominally Irish representatives? but they will cease to be Irishmen ; they will find England the seat of their abode, of their action, of their character ; and will find, therefore, the great princi- ples of action, namely, sympathy and fame, influencing them no longer in favour of their own country, but prepollant motives to forget Ireland, to look up to England, or rather the court of England, exclusively for countenance, for advancement, and for honours, as the centre from which they circulate, and to which they tend.* I therefore maintain that the project of a Union is nothing less than to annul the Parliament of Ireland, or to transfer the legislative authority to the people of another country. To such an act the minister maintains the Irish Parliament to be competent, for, in. substance, he maintains it to be omnipotent. I deny it ; such an act in the parliament, without the authority of the people, is a breach of trust. Parliament is not the proprietor, but the trustee ; and the people the proprietor, and not the property. Parliament is called to make laws, not to elect law-makers ; it is a body in one branch of * Puffendorf says : When one commonwealth unites with another in such a manner that one keeps its government and states, and the subjects of the other change their country, and are taken into the rights and privileges of a foreign commonwealth, it is evident that one is swallowed up and lost in the other. ANTI- UNION SPEECHES. 249 delegates, in no one branch of electors, assembled to exercise the functions of parliament, not to choose or substitute another parliament for the discharge of its own duty ; it is a trustee, and like every trustee, without a power to transfer or hand over the trust. A miserable quibble it is to suppose, because delegated to make law, it has, therefore, a right to make a law to destroy its own law- making, or supersede its own delegation, precluded as it is by the essential nature of its trust from annulling its own authority, and transferring the powers of its creator, the society, to another country ; it is appointed for a limited time to exercise the legislative power for the use and benefit of Ireland, and therefore precluded from trans- ferring, and transferring for ever, that legislative power to the people of another country ; it is appointed, entrusted, created, and ordained, not only to exercise the legislative powers of the society, but also to preserve her rights, and, instead of abolishing them by surrendering them to another country, to return them at stated periods, iinimpaired, undiminished, to the people from whom it received them. I state a principle on which the House of Commons is built, supported by authorities, if any authority be requisite. " The power of the legisla- tive", says Mr. Locke, " being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws and not legisla- tors, the legislative can have no power to transfer their authority of making laws, and placing it in other hands, thelegislative neither must, nor can, transfer the power of making laws to any body else, or place it anywhere, but where the people have". — "The prince", says Grotius (speaking of princes that have the whole legislative power in themselves ; the case is, however, stronger in our government), " cannot alienate or transfer his kingdom". " He cannot", says Purlendorf, " transfer his subjects to be governed by a foreign power ; the commonwealth itself has no power over its members other than what are granted and left by them that first erected it ; the moral or political body has not the same right over its members as the natural". Mr. Locke says, the delivery of a people into the subjec- tion of a foreign power is a change of the legislative, and therefore a dissolution of the government; the legislative acts against the trust reposed in it, when it makes an arbitrary disposal of the lives and fortunes of the country, and he refers to Hooker, who is also authority on our side. " The legislature", says Mr. Locke, " is not only supreme, but sacred and unalterable in the hands in which the community have placed it : though it be a supreme power in every commonwealth, 250 AKTI-UNION SPEECHES. jet it is not and cannot be arbitrary over the lives and fortunes of the people. It has not an absolute arbitrary power". But I have higher authority — that of the convention of England in 1688. That con- vention voted that there was an original contract between the nation "and the government. It follows that the nation is the proprietor of that contract, and the parliament ministerial to fulfil the provisions of that contract, not to break it ; to act within the frame of the consti- tution, and not to dissolve it. Accordingly, in the trial of Sacheverel, you find the arguments of the Commons exactly on this principle. Mr. Lechmere as follows : " The nature of our constitution is that of a limited monarchy, wherein the supreme power is communicated and divided between Queen, Lords, and Commons, though the executive power and administration be wholly in the Crown. The terms of such a constitution do not only suppose but express an original contract between the Crown and the people, by which that supreme power was (by mutual consent and not by accident) limited and lodged in more hands than one; and the uniform preservation of such a constitution for many ages without any fundamental change, demonstrates to your lordships the continuance of the same contract". Sir Joseph Jekyl : " Nothing is plainer than that the people have a right to the laws and the constitution. This right the nation hath asserted and recovered out of the hands of those who had dispos- sessed them of it at several times". Mr. Bushel says : " Indeed it is difficult to give limits to the mere abstract competence of the supreme power, but the limits of a moral competence, subjecting occasional will to permanent reason, and to the steady maxims of faith, justice, and fixed fundamental policy, are perfectly intelligible, and perfectly binding on those who exercise any authority under any name or under any title in the state. The House of Lords is not morally competent to dissolve itself, nor to abdicate, if it would, its portion of the legislature of the kingdom. By as strong, or a stronger reason, the House of Commons cannot renounce its share of authority. The engagement and pact of society which generally goes by the name of constitu- tion, forbids such innovation and such surrender. The constituent parts of a state must hold their public faith with each other, and with all those who derive a serious interest under their engagement, as much as the whole state is bound to keep its faith with separate communities. Otherwise competence and power would be entirely confounded, and no law left but the will of a prevailing force". " The collective body of the people", says Bolingbroke, "delegate but do not give up ; trust, but do not alienate their right and power. ANTI-UNION SPEECIIES. 251 There is something which a parliament cannot do ; a parliament cannot annul the constitution. The legislature is a supreme, but not an arbitrary power". "The power of King, Lords, and Commons", says Junius, "is not an arbitrary power. They are the trustees, not the owners of the estate. The fee simple is in us ; they cannot alienate, they cannot waste. When we say the legislature is supreme, we mean that it is the highest power known to the constitution, that it is the highest in comparison with the other subordinate powers established by the laws. In this sense, the word supreme is relative, not absolute. The power of the legislature is limited, not only by the general rules of natural justice and the welfare of the community, but by the forms and principles of our particular constitution. If this doctrine be not true, we must admit that King, Lords, and Commons have no rule to direct their resolutions, but merely their own will and pleasure. They might unite the legislative and executive power in the same hands, and dissolve the constitution by an act of parliament : but I am persuaded you will not leave it to the choice of seven hundred persons, notoriously corrupted by the Crown, whether seven millions of their equals shall be freemen or slaves". The latter part of this quotation will not apply to the Irish Parliament. But could we suppose the intrigues of a minister to be successful — could we suppose that, by intimidating some, bribing others, influencing all, he could procure in both houses of parliament a majority to annul the parliament itself, and transfer the legislature to another country, the judicial, the controlling, the impeaching, and all the powers in that great denomination signified and com- prehended — could we suppose that the minister purposes to buy the Irish Parliament, as his proposal to compensate the extinguished boroughs imports, and that he comes to offer £1,500,000 to buy up the Irish Parliament at the expense of the Irish people, who are to pay that million and a half for losing it ; I say, could we suppose such a case, the question on that supposition propounded would be nothing more nor less than this — whether the individuals composing the legislative body have a right, for their own profit, to sell the parliament of the country ? To affirm that they cannot, requires scarcely any other argument than the honest instinct of the human mind, the moral sense implanted in the heart of man, and the rudi- ments of right and wrong registered in every breast. The English minister thinks otherwise ; he pronounces the Irish Parliament absolute ; he gives no reason ; he who denied the power of France to alter her government, maintains the omnipotence of the 252 ANTI-UNION SPEECHES. Irish Parliament to annul her constitution ; he, whose parliament protested against its competence, now affirms its omnipotence ! He supports this false doctrine by the confusion and inapplication of his cases ; he confounds the case of a parliament accepting of the legisla- tive dominion of another country, with the treachery of the parliament of that country, betraying, transferring, or selling that legislative power. What! does he mean to say that the Parliament of England is competent to transfer to Ireland the legislature of Great Britain ? Does he mean to say that she is competent to reduce the number to an insignificant proportion, and transfer that part and the seat of legislation, that is the English legislation itself, to the French legis- lation at Paris ? Yet I believe, if the French council should choose to transfer the legislation of France to the Parliament of West- minster, England would scarcely hesitate on the subject of her own competency; the one is the competency of acquisition; the compe- tency of diminution ; the competency of aggrandisement : the other is the competency of treason; the competency of delinquency; the competency of abdication. When he compares this case with the reform of parliament, he is equally feeble and fallacious : he argues that to restore the third estate to the Commons, to whom his friends argue it belongs, and to destroy, with that view, in a few individuals, the monopoly of popu- lar franchise, to whom on no principle of constitution it can belong ; that is, to revive the principle of representation, is tantamount to an act abolishing in substance and effect the representation itself, and annihilating the King, Lords, and Commons of this realm. He com- pares the priming the tree that it may bear fruit, to the taking it out of the earth, root and all. He does not confine himself to one in- stance of inapplication ; the pages swarm with them. He proceeds to compare the case of the repeal of statute disabilities with an act imposing disability on the whole realm : he compares the act restor- ing the Catholic to the elective franchise to an act disfranchising not a particular man, not a particular sect, but in substance and effect the whole kingdom. From the inapplication of his cases, he proceeds to the errors of his doctrine : there he says that absolute power of parliament is necessary for the repose of the state. He thinks that the state of society is best secured when there is a body always in existence competent to overturn or sell her constitution. He thinks that the happiness of mankind is best promoted when a daring des- perate minister (I know of no minister more daring or desperate) shall be able, by packing a parliament, to overturn the liberties of the people. He thinks their happiness worst preserved when the ANTI-UNION SPEECIIES. 253 body competent to overturn them is not assembled, and when the body that is assembled has not the competency, and when both these secure the freedom and eternity of the society by the repose of her powers. For this doctrine, I say the minister has given no reasons; he has been equally sparing of his authorities. Had his friends done the same, they would have been more prudent. They indeed have quoted Lord Somers as an authority, to prove the power of parliament to surrender the legislative authority of one country to another, confounding the case of a surrender with the case of an acceptance. Lord Somers is authority (and so would every judge and every English lawyer) that if any one legislature, or that if all the legislatures on Earth were willing to surrender all the rights, privileges, and inheritances of the globe to Great Britain, her parlia- ment stands ready to accept them. He states, that this his doctrine is particularly true in a mixed constitution like that of England ; it is exactly the contrary : it is particularly false in a mixed govern- ment like that of England : in a country where the crown is held by recorded compact, and the parliament sits by temporary representa- tion. It is peculiarly false in a country where the parliament and the crown stand upon the powers of the society, interposing without any authority but that of the society, and assembled in a most re- spectable and comprehensive description, and with the assent of the great body of the nation, deposing one king, electing another, and constituting a parliament ; and such awe did they entertain for their constitution, that they acted as a convention but for a moment, to set up a parliament for an eternity ; to do what ? to repair every- thing, to preserve everything, and to abolish nothing, save only the abuses that threatened to abolish the constitution. On this subject he not only errs in his reasoning, but his conception of reasoning on the subject is fallacy and error ; he affects to measure the elements of human justice by the element of British empire. Do not admit the principle of justice, do not admit human right, else what becomes of our conquest of Wales, else what becomes of our union with Scot- land. He might have gone on ; he might have extended his argu- ment to the East and West Indies ? Had the British Parliament succeeded in its attempts on America, he would have more arguments of this nature. But what is all this to us ? If Scotland chose to transfer her legislature to England, or if Wales were conquered, is that a reason why Ireland should admit the competency of the parliament to surrender her rights, or the justice and validity of a right of conquest ? The fact is, that the acquiescence of Scotland for a century, and the acquiescence of Wales for manv centuries, have 12 254 ANTI-UNION SPEECHES. become the laws of these respective countries : the practice and the consent of nations for periods of time become their laws, and make the original act of combination, whether it be conquest or treachery, no longer scrutable nor material. In a course of years, conquest may be the foundation of connexion, and rape of marriage ; such has been, not seldom, the elements of empire ; but such are not the elements of justice. The principles of right and wrong so intermix in centuries of human dealing as to become inseparable, like light and shade ; but does it follow that there is no such thing as light and shade ; no such thing as right and wrong? I am sure that the right of England to the acquisitions above stated is perfectly sound and unquestionable ; I should be sorry it were otherwise ; and, therefore, I am exceedingly glad it does not rest on the ground on which he has placed it. I might, however, waive all this, and produce against him two authorities, to either of which, in this case, he must submit; the one is the Parliament of Ireland, the other is himself. After having denied in substance the power of the people, which he calls a sovereignty in abeyance, and after having maintained, in terms absolutely unqualified, the unlimited authority of parliament — that is, its omnipotence, — he does acknowledge reluctantly, and at length, that parliament is not unlimited, and that there does exist in the society a power in abeyance. He tells you there may be a case of abuse calling for the interference of the people collectively, or of a great portion thereof, as at the Revolution of 1688. I suppose now, if there can be such a case of abuse calling for such an interference, there must be a power in abeyance to answer that call, and to question that abuse ; and the point in dispute is not touching the application of that power, but its existence. The other authority, namely, the Parliament of Ireland, has publicly, solemnly, and unanimously disclaimed and renounced, in the following memorable and eternal expressions, any competency whatever to transfer or surrender the unalienable right and inheritance of the people of Ire- land to be governed by no other parliament whatsoever, save only the King, Lords, and Commons of Ireland : " The right of the people of Ireland to be subject to laws made by the King, Lords, and Commons of Ireland, and no other, is their ancient inheritance, which we claim on our part and on theirs, and which we cannot surrender but with life". What will the minister say now ? But he has more difficulties against him ; he has his own authority against his own project. He states, that his object is identification of people ; he says, it is not the English navy, it is not the English ANTI-UNION SPEECHES. 255 men* have expressed that sentiment with an ardour which does th<3 militia, nor the English treasury, nor the Irish yeoman, nor the Irish Parliament, that can save you ; they may by chance succeed ; but your great dependence is the identification of the people of the two nations. He states further, that this identification is necessary for a present purpose, namely, the defence of the empire against the ambition of France. Here, then, is the great principle of his Union, as expressed by himself, the identification of the people of the two nations, for a present purpose. According to that principle, let us examine his project ; it is not an identification of people, as it excludes the Catholic from the parliament and the state ; it is not an identifica- tion of government, for it retains the Lord-lieutenant and his court : it is not an identification of establishments ; it is not an identification of revenue ; it is not identification of commerce, for you have still relative duties, and countervailing duties ; it is not an identification of interest, because England relieves herself as she increases the pro- portion of Irish taxation, and diminishes her burdens by communica- ting them to Ireland. The present constitution may be said to be nearly an equal trade and an equal liberty, and the Union to be a tax and a drawback upon that equal trade and upon that equal liberty; for so much a diminution of that identification of interests, if it be not an identification of interests, still less is it an identification of feeling and of sympathy. The Union, then, is not an identification of the two nations ; it is merely a merger of the parliament of one nation in that of the other ; one nation, namely, England, retains her full proportion ; Ireland strikes off two-thirds ; she does so, without any regard either to her present number, or to comparative physical strength ; she is more than one-third in population, in territory, and less than one-sixth in representation. Thus there is no identification in anything, save only in legislature, in which there is a complete and absolute absorption. It follows, that the two nations are not identified, though the Irish legislature be absorbed, and, by that act of absorption, the feeling of one of the nations is not identified but alienated. The petitions on our table bespeak that alienation ; the administration must by this time be acquainted with it; they must know that Union is Irish alienation, and, knowing that, they must be convinced that they have the authority of the minister's argument against the minister's project. I am not surprised that this project of Union should alienate the Irish ; they consider it as a blow. Two honourable gentle- * Mr. O'Donnell and Col. Vereker. 256 INVECTIVE AGAINST COREY. honour ; ingenuous young men, they have spoken with unsophisti- cated feeling and the native honesty of good sense. The question is not now such as occupied you of old, not old Poynings, not peculation, not plunder, not an embargo, not a Catholic bill, not a reform bill — it is your being — it is more, — it is your life to come, whether you will go with the Castle at your head to the tomb of Charlemont and the volunteers, and erase his epitaph ; or whether your children shall go to your graves, saying : A venal, a military court, attacked the liberties of the Irish, and here lie the bones of the honourable dead men who saved their country ! Such an epitaph is a nobility which the King cannot give his slaves ; it is a glory which the crown cannot give the King. INVECTIVE AGAINST COREY. February 14, 1800. Has the gentleman done? Has he completely done? He was unparliamentary from the beginning to the end of his speech. There was scarce a word he uttered that was not a violation of the privi- leges of the House ; but I did not call him to order — why ? because the limited talents of some men render it impossible for them to be severe without being unparliamentary. But before I sit down I shall show him how to be severe and parliamentary at the same time. On any other occasion I should think myself justifiable in treating with silent contempt anything which might fall from that honourable member ; but there are times when the insignificance of the accuser is lost in the magnitude of the accusation. I know the difficulty the honourable gentleman laboured under when he attacked me, conscious that, on a comparative view of our characters, public and private, there is nothing he could say which would injure me. The public would not believe the charge. I despise the falsehood. If such a charge were made by an honest man, I would answer it in the manner I shall do before I sit down. But I shall first reply to it when not made by an honest man. The right honourable gentlemen has called me " an unimpeached traitor I ask, why not " traitor unqualified by any epithet ? I will tell him ; it was because he dare not. It was the act of a coward, who raises his arm to strike, but has not courage to give the INVECTIVE AGAINST CORRY. 257 felow. I will not call him villain, becanse it would be unparliamen- tary, and he is a privy counsellor. I will not call him fool, because he happens to be Chancellor of the Exchequer. But I say he is one who has abused the privilege of parliament and freedom of debate to the uttering language, which, if spoken out of the House, I should answer only with a blow. I care not how high his situation, how low his character, how contemptible his speech ; whether a privy counsellor or a parasite, my answer would be a blow. He has charged me with being connected with the rebels : the charge is utterly, totally, and meanly false. Does the honourable gentleman rely on the report of the House of Lords for the foundation of his assertion ? If he does, I can prove to the committee there was a physical impossibility of that report being true. But I scorn to answer any man for my conduct, whether he be a political coxcomb, or whether he brought himself into power by a false glare of courage or not. I scorn to answer any wizard of the Castle throwing himself into fantastical airs. But if an honourable and independent man were to make a charge against me, I would say : " You charge me with having an intercourse with the rebels, and you found your charge upon what is said to have appeared before a committee of the Lords. Sir, the report of that committee is totally and egregiously irregular ". I will read a letter from Mr. Nelson, who had been examined before that committee; it states that what the report represents him as having spoken, is not what he said. [Mr. Grattan here read a letter from Mr. Nelson, denying that he had any connec- tion with Mr. Grattan as charged in the report ; and concluding by saying, "never was misrepresentation more vile than that put into my mouth by the report ".] From the situation that I held, and from the connections I had in the city of Dublin, it was necessaiy for me to hold intercourse with various descriptions of persons. The right honourable member might as well have been charged with a participation in the guilt of those traitors ; for he had communicated with some of those very persons on the subject of parliamentary reform. The Irish government, too, were in communication with some of them. The right honourable member has told me I deserted a profession where wealth and station were the reward of industry and talent. If I mistake not, that gentleman endeavoured to obtain those rewards by the same means ; but he soon deserted the occupation of a banis- ter for those of a parasite and pander. He fled from the labour of gtudy to flatter at the table of the great. He found the lord's parlour a better sphere for his exertions than the hall of the Four 258 INVECTIVE AGAINST CORRY. Courts ; the house of a great man a more convenient way to power and to place ; and that it was easier for a statesman of middling talents to sell his friends, than for a lawyer of no talents to sell hiscjients. For myself, whatever corporate or other bodies have said or done to me, I from the bottom of my heart forgive them. I feel I have done too much for my country to be vexed at them. I would rather that they should not feel or acknowledge what I have done for them, and call me traitor, than have reason to say I sold them. I will always defend myself against the assassin ; but with large bodies it is different. To the people I will bow : they may be my enemy — I never shall be theirs. At the emancipation of Ireland, in 1782, I took a leading part in the foundation of that constitution which is now endeavoured to be destroyed. Of that constitution I was the author ; in that constitution I glory; and for it the honourable gentleman should bestow praise, not invent calumny. Notwithstanding my weak state of body, I come to give my last testimony against this Union, so fatal to the liberties and interests of my country. I come to make common cause with these honourable and virtuous gentlemen around me ; to try and save the constitution ; or if not save the constitution, at least to save our characters, and remove from our graves the foul disgrace of standing apart while a deadly blow is aimed at the independence of our countiy. The right honourable gentleman says I fled from the country after exciting rebellion, and that I have returned to raise another. No such thing. The charge is false. The civil war had not commenced when I left the kingdom ; and I could not have returned without taking a part. On the one side there was the camp of the rebel ; on the other, the camp of the minister, a greater traitor than that rebel. The stronghold of the constitution was nowhere to be found. I agree that the rebel who rises against the government should have suffered ; but I missed on the scaffold the right honourable gentleman. Two desperate parties were in arms against the constitution. The right honourable gentleman belonged to one of those parties, and deserved death. I could not join the rebel — I could not join the government — I could not join torture — I could not join half-hanging - — I could not join free quarter — I could take part with neither. I was therefore absent from a scene where I could not be active without self-reproach, nor indifferent with safety. Many honourable gentlemen thought differently from me: I respect their opinions, but I keep my own ; and I think now, as I thought then, that the treason of the minister against the liberties ANTI-UNION SPEECHES. 251? of the people was infinitely worse than the rebellion of the people against the minister. I have returned, not as the right honourable member has said, to raise another storai — I have returned to discharge an honourable debt of gratitude to my country, that conferred a great reward for past services, which, I am proud to say, was not greater than my desert. I have returned to protect that constitution, of which I was the parent and the founder, from the assassination of such men ae the honourable gentleman and his unworthy associates. They are corrupt — they are seditious — and they, at this very moment, are in a conspiracy against their country. I have returned to refute a libel, as false as it is malicious, given to the public under the appella- tion of a report of the committee of the Lords. Here I stand ready for impeachment or trial : I dare accusation. I defy the honourable gentleman ; I defy the government ; I defy their wholei phalanx : let them come forth. I tell the ministers I will neither give them quarter nor take it. I am here to lay the shattered remains of my constitution on the floor of this House in defence of the liberties of my country. ANTI-UNION SPEECHES. March 19, 1800. Sir, — The plan of Union has detailed itself. Still it is the abolition of the Irish Parliament, aud the transfer of legislation : on the part of this House a breach of trust, and on the part of the minister of England a breach of faith. The advocates for Union have failed in everything : first, in their attempt to prove the competency of parlia- ment to destroy the old, and to imposs a new constitution against the sense of the people. They have quoted the instance of Scotland; but there was no compact between England and Scotland, such as our compact of 1782 ; and the sense of the Scotch electors was taken on the subject of Union by a dissolution of the Scotch Parlia- ment ; so that the strength of the case of Scotland is the desidera- tum of the case of Ireland. They have attempted to produce instan- ces ; namely, the succession of the crown and the change of religion, as if it were the same thing to make law and to dissolve the law maker ; as if the frame of the constitution were as much the creat ure or law as the establishments are the creature of law, and law the creature of the law-maker. In these instances the families and persons 260 ANTI-UNION SPEECHES. administering the constitution were changed, but the frame of the constitution continued; the principle on which they have argued would reduce human right to the two great questions of power and corruption, in breach of trust and contempt of justice. They have attempted to produce authority ; namely, the parliaments of both countries : as if, in a question between two parties, the parliament and the people, the ipse dixit of the parliament decided the point. However, the Parliament of Ireland have decided the point, and they have decided the point against their power ; for they declared in 1782, unanimously, both Houses, that the right of the people of Ireland to be subject to no laws but those made by King, Lords, and Commons of Ireland exclusively, was the ancient inheritance of the realm, which they could not surrender. They have attempted to quote authorities : Blackstone, who upon a constitutional subject regarding Ireland, is no authority ; for he declared the Parliament of England competent to make laws for this country : Lord Somers, who has said nothing on the subject : and Lord Coke, who, if he has spoken decisively upon the subject, has spoken against them ; for he has said that one parliament cannot take away the power of future parliaments — of course cannot take away their existence. They have been answered by an authority greater than all they have attempted to quote, the great writer of the Eevolution, Mr. Locke, whose express doctrine, and whose repeated declarations, together with the great principle on which his Essay is founded, go to estab- lish that the legislature is a thing in trust, and that the trustees have not in themselves authority to surrender or transfer the same. They have been answered by the great political act of the English nation, as well as by her great political author, namely, the Revolution, where the society, or a large description thereof, autho- rised by the society, did interfere in consequence of a breach of trust, adjudged to be a violation of the fundamental principles of the constitution, and therefore an abdication of the government. They have been answered by original contract, declared and voted at that time to be the bond between the people and the government ; and they have been further answered by this necessary inference, arising from their doctrine, that, according to their doctrine, should the government of France, Buonaparte for instance, be able to corrupt a majority of the two Houses of the British Parliament, that majority is competent to transfer the powers of the British legislature to Paris. In their attempts to prove this measure to be the sense of the people, they have been equally unfortunate. They relied on that sense at first as then' ground of Union. See their debates of the ANTI-UNION SPEECHES. 261 last session — see the king's message on your table. Finding the sense of this House on the last session, they appealed to the popu- lace against the parliament : finding themselves on this session more fortunate to incline the will of this House to their projects, they reject the sense, not of the populace, but of the people. They had before thought the parliament had no sense but in the rabble ; and now they maintain that the great body of the people, the community, the electors of the realm, that great comprehensive body which the law calls the Commons, have no sense but in the parliament. They render the right of petition null and void They effectually and substantially repeal the operation of one great article, the declara- tion of right, namely, that it is the right of the subject to petition ; for they allege that, instead of attending to his petitions as conveying his sense, you are to look for his sense in the measure adopted by parliament, against which measure he is petitioning ; and, in order to take away any possible authority which his petition should have either on the royal mind or on this House, they set up a ministerial inquisition into his character, and proscribe for certain popular acts — such as Catholic emancipation and parliamentary reform, all His Majesty's subjects that took a part in those acts ; that is to say, all the Catholics, all the Presbyterians, and a great portion of the Protestants ; in short, the great bulk of the community. They in fact proscribe and exclude, not from their right of petition in form, but in substance, from any authority, weight, or utility annexed to that right, all His Majesty's subjects, save only the friends to the Union, their own connexion, then- courtiers, or their fellows. Thus they get clear and dispose of the cities, towns, and six and twenty counties, who have petitioned against the Union. In their attempt to prove this Union a measure of identification, they have been no less unfortunate. These cities, and six and twenty counties, petitioning against it, remonstrating against it, exclaiming against it, prove that it cannot be a measure of identification. You cannot identify or bind two people together by mere operation of parchment or paper ; the will of the parties is essential to marriage, national or personal ; between the buyer and the bought, between the oppressor and the oppressed, between the conqueror and the conquered, there can be no identification. This Union, forced against the sense of the people, by terror and by money, would be an act of oppression, of purchase, and of conquest ; the means taken to force the Union, render the identification of people impossible. — Indeed the Union does not profess to be an identification ; it is not an identification of executive. You are to have two courts, a 262 ANTI-UNION SPEECHES. viceroy or justices, and their separate establishments, a separate treasury, a separate revenue, with its distinct patronage and expense, and a separate and distinct regulation for trade and commerce; you are to be governed by distinct laws (what is the martial bill of the other night ?) and by a distinct spirit and principle administering those laws. The temper and spirit with which administration speak of the people of Ireland, prove that they think them a different people, of different manners, different views, and different natures, to be governed on different principles. What are those principles ? The principles of conquest for the Irish, the principles of hostility for the Irish. Has any one seen the pamphlet of the Earl of Clare on this subject ? Nay, even in the instance of parliament, though there be an identification of legislatures, there is not, as has been proved by a most learned and valuable member of this House, an identification of legislative principle ; the principle with respect to England being that of trust and confidence, and the principle with respect to Ireland being that of terras and of jealousy. As little have they been able to prove that this Union will produce tranquillization. The object of the minister seems to be to get rid of the parliament, in order to get rid of the opposition ; a shallow and a senseless thought. What ! when you banish parliament, do you banish the people ? Do you extinguish the sentiment ? Do you extinguish the soul ? Do you put out the spirit of liberty, when you destroy that organ, constitutional and capacious, through which that spirit may be safely and discreetly conveyed ? What is the excellence of our constitution ? Not that it performs prodigies, and prevents the birth of vices which are inseparable from human nature, but that it provides an organ in which those vices may play and evaporate, and through which the humours of society may pass with- out preying on the vitals. Parliament is that body where the whole intellect of the country may be collected, and where the spirit of patriotism, of liberty, and of ambition may all act under the control of that intellect, and under the check of publicity and observation. But if once these virtues or defects were forced to act in secret conclave or in dark divan, they would produce, not opposition, but conspiracy. Hence, the parliamentary storm which shakes the minister saves the monarchy. How idly have gentlemen argued, who think that all questions will cease because there * is no Irish Parliament to agitate them; they will be agitated by the parliament of the empire, and by the people of Ireland, who will have no par- i ament, and therefore must agitate them amo ng on e another. — Catholic emancipation . gentlemen say that question has ceased ; the ANTI-UNION SPEECHES. 263 question of Union has revived it ; it is now discussed in the debates of Great Britain, and in the publications of the members of the British Parliament. The question of parliamentary reform, do gentlemen say that will cease ? No ; the use made of Irish boroughs to procure the Union, and the inundation of corruption from Ireland in consequence of the Union ; the operation of the double establish- ments playing against one parliament ; the military government of Ireland ; all these are great subjects, certain to be agitated. Why should gentlemen imagine that the absence of parliament should silence great questions or great grievances ? Has India a parliament ? Have the slaves a parliament ? Have the oppressions of India never been agitated ? Has the slave trade never been agitated ? Yes ; all those questions will be agitated ; but how ? without hope of redress. The irritation will therefore be certain, and the remedy desperate. You will be taught by the debates of the imperial parliament that you have grievances, and you will be further taught by the abortive consequences of those debates, that you have no parliament to redress them. You will rind that to deprive a nation of hope is not the best method to prevent her becoming desperate ; and that you, least of all, secure the peace of your country, by taking away that constitution, which that conntrv had pledged herself to support. As little have they established the defects of the constitution oi 1782, or the ministerial responsibility, and consequent inadequacy, which they allege to be inseparable from the same. They have been answered by referring to the judicial, financial, and military depart- ments, with Irish officers and stamps of authority aunexed, all responsible to the Irish Parliament. They have been shown that no English minister can do anything here but through the medium of an Irish minister, who is answerable to you. They have been shown, that if the countiy have not all that political consequence that they now, for the first time, desire, it is because she has not the physical consequence which their Union would but ill supply, and would greatly diminish. But they have been shown that this country may have by the constitution all that liberty which is necessary for happi- ness, and all that power which is necessary for liberty. They have dwelt much upon the conventual inadequacy of the Irish constitution. Here I beg to consider its fact as well as its theory. The direct powers of the House of Commons are much, but the indirect are everything ; the purse has drawn the action of the executive here; the minister is that person whom the king h&> appointed and the Commons support ; he is constituted ministei b; 264 ANTI-UNION SPEECHES. His Majesty, but he continues minister only as he enjoys the confi- dence of parliament ; he is ultimately responsible to parliament, but in the mean time he takes care to act with her previous or concomitant council. Let us apply this doctrine to Ireland, by adverting not to what may happen, but to what actually has taken place. You obtained a free trade ; how ? by your command over the purse of the nation. And yet at that time your grant was not four hundred thousand a- year additional supply, and the king had an hereditary revenue con- siderably more, and the parliament of England voted your army : and now, when the king has no hereditary revenue, and the parliament of England does not vote your army, and when you grant more than five-fold of what you granted then, do you imagine you will not be able to secure objects which are to England ten-fold less interesting, namely, participation in her treaties ? But the experiment has been tried ; the Methuen treaty, French treaty, and the American treaty. All these were open to you as matter of course ; it is therefore con- trary to experiment as well as to theory, to affirm that the constitu- tion of Ireland is incompetent to secure to the people of Ireland a participation in English treaties ; and the truth is, that this Union is propounded, not so much from a sense of our constitutional weak- ness, as from a dread of our constitutional power. The English minister is jealous of Ireland : he wishes to make the business of influence more compendious ; he thinks it more easy to govern by patronage one parliament than two ; he has produced a correspon- dence which shows you how reluctantly, as far as concerns some of the ministers of England, our constitution was acknowledged even in the moment of our strength, and now he proposes a measure, show- ing with what avidity it is to bo snatched away in the moment of our weakness. Let them produce what arguments they please. Let them throw over their proceedings what veil or colour they can devise, still is the case apparent. You recovered your liberty in the day of your strength, and the British minister takes it away in the day of your weakness. The advocates of the Union have failed in that part of their argu- ment which relates to commerce even more than any other. Instead of promoting your manufactures, to compensate for the loss of your parliament, they tell you now that it i3 of very little consequence whether you have any manufactures or not ; they tell you it is of very little consequence where the manufactures of the empire are disposed, and that if England be more formed for the cotton manu- facture, &c, that manufacture and the others should reside in England ANTI-UNION SPEECHES. 2G5 exclusively. We conceived at first that the manufacturer was to be the great object of those who promoted the Union; we now Snd that it is the consumer. In short, that idea of converting this conn- try into a land of manufacturers to atone for the loss of a resident gentry, is abandoned, and we are now to have neither a resident gentry nor manufacturers ; all the policy of nursing onr growing fabrics, and thereby of improving the industry of the country, employ- ing her children and expending her wealth upon her own labour, is now abandoned, and the language of the Union is : Buy where yea can and as cheap as you can, and if the English market be cheaper, resort to that market in preference to your own. Accordingly, it is proposed to reduce the protecting duties in seventy instances, to 10 J per cent, for the next twenty years, and after that to reduce them to nothing. Observe that this injury, or at least this danger, is the great bonus for the Union : you are called upon to declare, that the high duties under which those manufactures have flourished, has not only been an injury to your commerce, but so great an injury, that you should get rid of your parliament in order to get rid of those duties ; you are called upon to declare, contrary to experience, that your manufactures have been prejudiced by those high duties ; you are called upon to declare, contrary to evidence, that your manufac- tures can flourish hereafter without them ; and you are called upon to declare, supposing those duties to be mischievous, that they cannot be reduced by your own parliament. Never was a proposition so audacious, to call upon a country to give up at the same time her constitutional and her commercial securities, and to inform her at the same time, that she is to make such a surrender with a view to enlarge her liberty and her commerco. The cotton manufacturers have got a respite ; a few years are allotted to them to withdraw their capital from the trade, to save themselves, but not the country — a decisive proof of the ruinous consequence of the measure, and how little the commerce of Ireland was in its consideration. You have heard the testimony of certain manufacturers ; you have heard what capital they have laid out, what a number of men they have employed, how then manufacture has flourished since the con- stitution of 1782, and what ruinous consequences they apprehend , from the Union. Against their testimony, you have heard nothing but the calculation of ministers, who do not understand the subject, and who, if they did understand the subject, are parties for Great Britain. Thus against experience, against evidence, you are called to act in a case where, if you commit a false step, you can never recover it. If these alterations in your duties were necessary for 266 A^TI-UNION SPEECHES. your interest, they had been proposed before this to your own parliament, who was and is perfectly competent to administer redress ; but they were not propounded since the time of the propositions to your own parliament, because, till now, the commercial interests of this country, and the country herself, had weight and strength. In the moment of your weakness do they come before you, when you are equally unable to defend your trade and your liberty ; for the injuries done to both, the project of Union proposes a compensation in revenue ; England, it states, is to pay for your establishments in peace and in war. A mischief which has not befallen the British empire for near a century ; England is to buy, and Ireland is to sell the Irish constitution, and the empire of Great Britain and the freedom of Ireland are to be the victims ; the empire is to lose what she wants — revenue ; and you are to lose what you hold invalua- ble — constitution. When England communicated to Ireland the blessings of her trade, as in 1779, she lost nothing; she added to the stock of common industry ; but when England parts with revenue, she loses what she gives, and you lose more than what you get. The idea, therefere, is inadmissible, the offer fraudulent. It is founded upon two principles, both of which are false ; first, that the revenues of the country will not increase ; second, that the expenses of the country must. As to the first, they say Ireland will be no longer able to support herself, either in peace or war. In the last twenty years the revenues of Ireland have increased near four-fold under the constitution of 1782. If they are to decline under the Union in the next twenty, what becomes of the national prosperity which is promised to flow from the Union ? Either their promise is true, and the Union will increase the means of the country, and then what becomes of their argument ? Or their promise is false, and the Union will diminish the means of the country, and then what should become of their Union ? So that they must either give up their argument, or give up their measure. Let us see, however, what is this tremendous bankruptcy with which we are threatened. The revenues of this year they have stated to be £2,300,000, and the new taxes to be £300,000 more, making together a net annual income of £2,600,000. Now, the last peace establishment was not above £1,000,000, and the interest of the debt is not above £1,400,000; as they have underrated the revenues of the country, so they have overrated her establishments; and they have estimated her future peace establish- ment at £1,500,000; they have increased, according to this esti- mate, the peace establishment one-third, for which they have given ANTI- UNION SPEECHES. 2G7 no adequate reason : they say the pay of the army has been augmented ; that there will be a certain increase of expense in peace in consequence of the militia, and also in consequence of the yeomen admitted ; but these three items will not amount in peace to the difference of £500,000. They have not attempted to produce any estimate to show that they will, nor can they ; therefore, when they call upon you to acknowledge such a peace establishment, they call upon you for an opinion without any data or foundation whatsoever. The expenses of militia and yoemen in peace, which they talk about, but do not state, should produce a proportional reduction of the arniy, unless they propose, as I suspect they do, to make the estab- lishment a military government, and to throw into this country a great proportion of the army of the empire : and they do hint, indeed, that your peace establishments must be £1,900,000 ; and that you are not to have 12,000 regulars as formerly, but 20,000 effective regular troops. Thus, they propose a war establishment in time of peace, as they have proposed a rebellion establishment in time of war, and form the estimate of their permanent establish- ments on the estimate of a permanent rebellion. They have already stated the productive effects ; and now they state the tranquillizing consequences of a Union — permanent disaffection — permanent mili- tary government. A minister states, that he cannot administer the country according to the established constitution, or upon any revenue which the country can afford ; and you are to make him a present of the parliament, and replace it by troops. Thus the Union, when it details itself, becomes a self-convicted measure. The pro- jector tells you of a military government and a military force, which the country will not be able to pay, and which Great Britain must, in order to keep down those discontents which will follow the Union, I do acknowledge, that some few years after the war, it may be necessary to keep up a certain unusual force in Ireland. I do not know that it will; but if it should, I would consider such force the establishment of expediency and not of permanency. It should be considered, like the martial law bill, or repeal of the Habeas Corpus bill, a measure of the moment; and as those laws are not to be con- sidered as your permanent constitution, so neither should that force be considered as your permanent establishment. With respect to the war establishment, the project holds out the saving of a million ; on what grounds I cannot see. But let us proceed on the noble lord's calculations as if they were right : what will be the amount of that saving? His statement of the war estab- lishment he cannot apply beyond the present war ; you can collect 268 ANTI-UNION SPEECHES. something like a wish that the statement should be extended still farther, but nothing like an argument. Let us suppose, then, the present war to last for three years ; for one you have provided already; in the remaining two you will, according to him, save two millions; but you are to pay for the purchase of boroughs, £1,500,000; so that your net saving for the surrender of your par- liament will be £500,000 only. But this gain is founded upon a supposition that the noble lord's statements are right, and that the annual supply now voted is a million more than the annual contri- butionary supply projected ; but his annual contributionary supply he states to be £4,492,000 English, and the supply voted this year is £4,652,000 Irish; so that his saving in time of war seems to be a perfect delusion. If you look back, you will find that, upon his principle of contribution, we should in the present year, taking into consideration the taxes on exports and on income, and the per- manent taxes raised this year in Great Britain, have raised, in addition to our former supplies, the annual income of above £2,000,000 a-year. Looking to the present moment, you see that you save nothing; and, looking prospectively, you see you pledge yourself to a principle of expense which is indefinite. You are to pay, I think he says, £4,400,000 English in time of war, unless England should raise her expense, and then you are to raise yours along with her. Let us, however, take the L'ish contribution, and £4,492,000 English ; I should be glad to know whether this is to be expended on troops kept within the country or not ? If on the former, it is a very bad disposition of the force of the empire, which cannot be justified but by rebellion and invasion, or the apprehension of both, and therefore never can be considered as the permanent application of His Majesty's forces. If the latter, that is, if the money be to be expended on troops serving out of the country, how will you ever be able to bear so great a drain in addition to all your others ? the drain of the absentees ; the drain of the additional absentees ; the drain of money paid for the interest of additional debt, and now the drain of the Irish contribution expended in other countries ; so that, according to this plan, an invasion, or the appre- hension of invasion or rebellion, are the only means to prevent bank- ruptcy. In every shape I view this question, it is mischievous ; and not less mischievous as the extinction of the Parliament of Ire- land, than as the corruption of the Parliament of Great Britain. You reduce your Commons by two-thirds ; and you make the minister a present of the other ; you calculate upon an immense Irish establishment in war, and an increased establishment in peace. ANTI-UNION SPEECHES. 269 Thus you increase greatly the sources of influence, while you diminish the number of the persons on whom that influence is to operate ; you keep up all the Irish establishments so augmented, together with all the establishments of Great Britain, and leave the double cause to operate on one parliament. The British House of Commons resolved some years ago, that the influence of the crown had increased, and ought to be diminished. I understand it has considerably increased since. Some years ago, the number of placemen aud pensioners in the Irish House of Commons were one hundred and ten ; since that time the influence of the crown has greatly increased in Ireland; and, according to the plan of Union, the peace establishment is to increase one-third, and the military establishment infinitely beyond anything known in former wars. Thus, in addition to an influence which both coun- tries felt to be truly alarming, and one country, in the resolutions of her representatives, declared to be so, do we see a vast accumulation formed and forming, to act on the reduced numbers of one legislature, thus rendered more compendious for the corruption of the minister, as the corruption of the minister is rendered more comprehensive and more decisive in the legislature ; so that you lay a train for the downfall of the constitution of Great Britain, by the surrender of your own, whether you look to the military government, which is likely to take place in Ireland, to support this act of power, for such I must call the Union, or to the tides of patronage, which are to accompany this act of power, and, to add to terror the force of cor- ruption, in conjunction against the cause of liberty. I have mentioned the contributionary aid which is to follow this Union. I beg to consider, upon what proportion that contribution is founded. The noble lord who introduced the Union states it to be as two-fifteenths, or as a seventh and a half ; but the grounds on which he formed his proportion, I own, do not satisfy me. His principal ground was a comparison of the respective exports and imports of the two countries, and he estimates the imports and exports of England, on an average of the three last years, at £73,000,000, and those of Ireland at £10,000,000, and something more. Mr. Pitt, in his calculation for his income tax, stated them at above £80,000,000, and on that trade which was actually insured, and we must suppose much that was not insured. The noble lord has understated the export and import trade of England; he is also erroneous, inasmuch as he does not include tonnage, the proportion of which is beyond all comparison in favour of Great Britain. In the trade between Great Britain and this country, the 270 ANTI -UNION SPEECHES. tonnage and freight is almost entirely British ; valuing, therefore, the imports from Great Britain to this country, as a part of our trade, we ought to value the freight as her wealth, not ours, and it ought to be added to her export. He does not include in his estimate £1,000,000 (it is a great deal more) imported into England to pay the absentees their rents from Ireland, and £4,000,000 from the West Indies. He does not include in his plan of valuation of com- parative wealth by trade, the internal commerce of the two countries, which is to Great Britain a greater source of wealth than any other, and which, when we consider that Great Britain is in possession almost exclusively of her own markets, as far as relates to her manufactures, bears a prodigious proportion, we may presume, to the internal trade of Ireland. He says, that is difficult to obtain any knowledge on that subject ; which would be a good reason for rejecting the Union, when so necessary a knowledge was impossible; but the fact is, Mr. Pitt, in his speech on the income tax, has obtained knowledge on that subject, at least knowledge enough for the purpose of taxation ; and he states the value of the internal trade of his country to be £120,000,000. There are other things of less consequence, but, however, of consequence notwithstanding, which he omits to state ; for instance, he omits to state the profits of mines, minerals, timber, and shares in canals, which exist in Ire- land in a very small degree of comparison, and which are rated to produce in England £3,000,000 per annum. From all this what do I conclude ? Not that the proportion of the wealth of Ireland is this quantity or that quantity, but that he has not given you any data whereon to conclude that the proportion of wealth in the two countries is the contribution propounded, namely, two-fifteenths, or one seventh and a half ; on the contrary, I think you may safely say, that he overrates you in contribution, as he overcharges you in establishment. On the whole, it remains then for us to reject this measure ; it is a dishonourable measure; it is an insulting measure; it is a faithless measure ; the commercial interests cry out against it ; the spirit of the country and her constitution cry out against it ; witness the petitions of different descriptions of men of all religions, who seem now to forget their differences, and only to remember their danger. I might here appeal to the different branches of the constitution, which you are going to devote. *o the Lords: will they burn their robes, overset the throne, disgrace their ancestors, disqualify their blood, and consent to become slaves with nicknames, instead of peers with privileges ? I might appeal to the Commons : will you, who AOTI-UNION SPEECHES. 271 remember the business of 1782, before the grave has closed on all tho persons concerned in that great event, and when the hearse is but just returned from depositing the remains of some of them, will you violate yourselves, violate the obsequies of our dead general,* and renounce publicly, and deliberately, and for ever, your constitu- tion and your renown ? I might call on you by all the good laws you have established, by the commerce which you have freed, and by those manufactures which appear from the evidence lately pro- duced at your bar to have grown like so many children under the providence of a free constitution. I might call on you by those measures of coercion which you lately adopted, and which the most vehement assertor of power never attempted to justify, but inasmuch as he thought them the means to preserve the parliament and con- stitution. Do not now scandalize your own professions on that occasion, as well as renounce your former achievements, and close a political life of 700 years by one monstrous, self- surrendering, self- debasing act of relinquishment, irretrievable, irrecoverable, flagitious, and abominable. I might appeal to the king, whose royalty is the auspicious birth of a free constitution. Let him not suffer any minister to profane the mild blood of the House of Hanover, or to sink his illustrious house to the level of other kings by corrupt and unconstitutional victories obtained over the liberties and charters of his subjects. I might appeal to the spirit of loyalty itself against this measure of Union. I mean that loyalty which distinguishes the people of these islands; other nations are slaves, but they are subjects. Do I mean that loyalty which is attached to the person of his Majesty ? No ; but that loyalty which is attached to the person of his Majesty, with all the constitutional circumstances which surround it ; that pride of privilege, that love of liberty, and that tenacity of public honour. This it was, which in former times sus- tained British liberty at home, and her arms abroad ; it was not discipline alone, for the armies on the continent are at least as well disciplined; it was not courage alone, for that your enemies possessed in common with the rest of mankind ; but it was the spirit of a free constitution sustaining that courage and that discip- line, which made every soldier in the line, with but six pence in his pocket and one shirt to his back, conceive himself an integral part of a free state, and a conscious proprietor of the great charter. It was this, that in former times drove old Bourbon in battle ; it was this that made his Majesty's subjects men, not slaves ; and it is this, » The Earl of Charlemont. 272 ANTI-UNION SPEECHES. which you are going in Ireland, along with the constitution, from whence it emanated, to extinguish for ever. I conclude, in these moments — they seem to be the closing moments of your existence — by a supplication to that power whom I tremble to name, that power who has favoured you for 700 years with the rights and image of a free government, and who has lately conducted you out of that desert, where for a century you had wandered, that He will not desert you now, but will be pleased to permit our beloved constitution to remain a little longer among us, and interpose His mercy between the stroke of death and the liberties of the people. May 26, 1800, Mr. Grattan observed that the bill before the House was full of inaccuracies, but inaccuracy was the least of the objections ; it did indeed refer to a schedule for duties which were not there set forth, and which were not yet passed ; it did indeed recite a bill to have passed both Houses of Parliament which was at that very moment in debate before the House of Lords ; and it did describe that very bill by the name of an act of parliament (saying, that when the act, namely, a bill which had only passed one house, had the royal assent, should pass), offending against parliamentary propriety and legal phraseology with its various and great improprieties, the evident marks of haste and carelessness. But all these are lost in the fatal principle of ruin and extinction which the bill contains, whose enact- ing clauses are two, first that there shall be a distinct and separate council, and secondly, that there shall not be a parliament. That is to say, that you are to have not what is miscalled a Union, still less a union and a constitution of liberty, but a subordinate Irish government without the control of an Irish parliament ; the inferiority, the expense, the patronage, of a second and secondary government, with all those distinctions which attend separate estab- lishments of finance and revenue, with a separate system of trade, with a different interest for money, and a distinct code of law. This breach of compact, for such I must call it — this surrender of liberty, for it is nothing less — this transfer of the powers of the country to Great Britain — (what powers have you over India ? pre- cisely as much as you retain over Ireland) — this introduction of an innovation, consisting of a separate Irish government without an Irish Parliament, is made at a time of national debility and division, ANTI-UNION SrEECnES. 273 the result of a rank and vicious system of government, formed to corrupt the upper order, and divide and inflame the lower, and to deprive both of their liberty; such as one part of the present British cabinet abjured, and declaring that they took office principally to reform, did greatly confirm and aggravate ; at a time too of martial law, admitted undei the plea of necessity, but with great effect to depress and intimidate, not rebellion but assertion — not the spirit of insurrection, but the spirit of constitution, which would have also spoken more decidedly (and yet very decidedly it has spoken notwith- standing). At a time, I say, when government was possessed of dictatorial power, and at a time when a spirit of innovation was abroad, which has been adopted by the ministers of the Crown, who thus afford their example to overturn the throne by overturning the constitution, and teach the Jacobin, if he wanted to be taught, to make war on the rights of kings, by making a Jacobinical war on the rights of the people : the power given them to preserve the settled state of order, they use to introduce a new order of things, and make government a question of strength, not of opinion ; they run the chance of future anarchy, in order to establish present despotism ; they go into the very excesses they condemn, and are the bad example they depre- cate ; they tell the people practically and effectually, that there is a faction not less daring and destructive than the rankest democracy ; a faction which, under the colour of supporting government, would eradicate the great fundamental and ancient principles of public security, as effectually, as ambitiously, and as seditiously as its rival the Jacobin, who is only guilty of an opposite excess, and who is likely to follow and march through the public breach which the slaves of despotism havp made in the fundamental laws of the land, for the entrance of the two extremes in succession, Tyranny that takes the lead, and Anarchy that follows. If the principle of this bill be innovation, the terms of it are innovation likewise ; the alteration in our system of commerce is innovation; the alteration in our system of revenue is innovation. — The bill teems with everything that is exceptionable. They talk to you, indeed, as if for liberty surrendered you were to break down under the weight of commercial acquisition ; they talk to you, indeed, as if for liberty surrendered you were to carry off an immense portion of English revenue ; and one million a year in war, paid by England, in all distresses, was to glad and to console you, and much silly and empty sound of that kind was rung in your ears. But what is the act ? that the terms of the Union are aggravations of the Union ; 274 ANTI-UNION SPEECHES. the principal conditions are heavy contributions. Your financial conditions are dangerous experiments, and both such as you are perfectly competent to make, provided you are disposed to do so much mischief to your country. The revenue, or the financial returns set out, with the surrender of an availing revenue of £100,000 a year, arising from the export of the raw material and the import of the manufacture, that to the best possible revenue which a nation can continue, it adds the creation of a deficit of £95,000 a year, the interest to pay a loan of one million and a half to be paid for the purchase of boroughs, that is, from one to two hundred thousand pounds a year, to be supplied by new taxes. The terms go on and propose a proportion of two to fifteen as the future contribution of Ireland ; they do this without any data whatsoever which can warrant such a proposition. The data which are now before you, but which were not before you when you passed the resolution, and when that proposition was laid, are unintelligible to the gentlemen to whom that data is furnished. Their papers, for instance, state the value of the consumption of the country in certain articles, by which they affect to ascertain its opulence, to be so much ; and other papers, which are also before the House, state the value to be so much less. In the instance of tea, of tobacco, and some other articles, the value of the goods consumed is returned by one-third, in some cases by one-half, more than the value of the same kind of goods imported. The difference may be reconcileable, but it is not reconciled, and the House votes now the proportion of the contribu- tion which is founded on those very papers, without waiting for, without demanding explanation. Suppose the cause, partly at least, of the apparent incongruity is, that in one set of papers they are valued subject to freight and tax, and in another set exempt from both. When the minister proceeds to value the ability of the counr try to pay taxes, he presents you with papers containing the value of the great articles, with the charge of freight and taxes embodied ; but when he proceeds to state the balance of trade bet ween England and Ireland, he presents papers in which the freight and tax are omitted : thus coals (it is one among other instances) are valued at the pit mouth, and thus an apparent balance of trade is created in your favour, about £800,000 more than the fact ; so that by the double operation, you are overrated in commerce and overrated in revenue. I say, therefore, that in fixing the proportion of relative cpntiibution, as far as that proportion affected to found itself on the comparative consumption of the respective kingdoms, you had no data. When first you voted that proportion by way of resolution, ANTI-UNION SPEECHES. 275 you had not even papers ; the majority of this House took the word of the minister, without papers or documents, and on that word voted a twenty years' contribution. Since you proceeded by way of bill, a member on this side of the House called for papers ; the papers are returned incongruous and unexplained, and now you vote the data which you do not understand, as before you voted without any data whatever. I speak of the comparison on the articles of con- sumption ; let us see whether you have better information on the comparison formed on the imports and exports. Here papers are submitted, but here the inland trade is omitted ; it is calculated to amount in Britain to £12,000,000 per annum; — here also the reexport trade is omitted. It is valued at £11,000,000 per annum in Britain; in Ireland £133,000; in the year ending January, 1799, it is valued at £14,000,000 in Britain. In the minister's calculation of national wealth, to ground a tax on national income, it was included, I apprehend, as a distinct substantive source of wealth; and, if it were just to comprehend it with a view to impose a tax, it is equally just to comprehend it with a view to ascertain a proportion : it is carried on by a distinct capital ; it produces a dis- tinct revenue ; it is, by itself, a great trade ; and it is almost the only one of some great commercial nations — Holland for instance. It is a greater evidence, and greater source of wealth, to make other nations pay for your industry added to that of other countries, than out of the fruits of your industry to pay for the industry of those countries. But without inquiring farther into this head, without inquiring whether it be just to proceed on an average of three years, when it appears from a document, almost published under the name of Mr. Rose, that the imports and exports of Britain, in the year 1798, were not £73,000,000 but £80,000,000, and the reexport not £11,000,000, but £14,000,000; while our trade is said to have declined, inasmuch as our revenue is said to have fallen £800,000 ; without inquiring into this, I say, that the papers before you prove your contribution to be unjust ; they set forth the imports and exports of Britain, for the three years, to have been £73,000,000; on that they form the proportion of two to fifteen ; now there should be added to that £73.000,000, £6,000,000 per annum, which Britain receives from the Indies and from Ireland ; £4,000,000 from the former, and £800,000 in interest for public monev lent ; and near £2,000,000 in rent from the latter : this £'2,000,000 is to be taken from the imports and exports of Ireland, and to be added to those of Britain, which will make a proportion not of ten to seventy? 276 ANTI-UNION SPEECHES. three, but of about eight to seventy-nine. Thus it follows, that whatever difficulty you may have in pronouncing the proportion of contribution, you can have no difficulty in pronouncing that the con- tribution you have ascertained is unjust and fallacious ; and you can discover its injustice and fallacy by the very papers on which you have formed, it ; those papers ascertaining the proportion you have voted, by the omission of £6,000,000 of British annual income. Thus has this House, under the direction of the minister, overcharged this country in contribution, having no sufficient evidence to estimate its contribution, but having complete evidence to impeach that con- tribution which it now imposes. And what is this contribution ? It is valued at about £4,800,000 in war, in addition to the interest of your debt, which is £140,000 per annum ; that is, equal to the charge of your establishment, four times greater than any past war establishment; a charge equal to the support of 128,000 soldiers, which is near eight times as much as you paid in former wars : so that you are to multiply your charge for the loss of your parliament ; or rather, you are to pay the tribute of the slave ; before this, you raised the supply of freemen ; — a charge, I say, which, if for troops to be kept in the country, establishes a military government as com- plete as in Russia; and which, if for troops out of the country, will not leave you a guinea ; which will, therefore, render you a slave or a bankrupt ; a military province of England, or a beggar — indeed both : for though I do not think the means of this country are unequal to every necessary expense, yet I do think they are inade- quate to that contributary expense which the Union stipulates. I do think they are unequal to a war contribution of £4,800,000 per annum ; and I think the attempt will exhaust this country, at the same time that it enslaves her. Colour it as you please, she will pay more than she is able ; and she will pay for a force, not to pro- tect, but to enslave. Do we know that the balance of our trade with all the world is but half a million in our favour, and that this half million is to supply the absentee drain of above two millions, which is to be greatly increased by the operation of the Union, by which we are to pay not only absentee representation, but absentee establishment ? Do we know that even now, when we borrow about £3,000,000 per annum from England, the exchange is greatly against us ? Do we know, that at this very moment, the revenue has fallen £800,000 ? — a fall which could be only occasional, if your constitution were suffered to continue ; but, if the Union and its new drain, contribu- tions, discontents, military government, and military maxims shall ANTI-UNIOS SPEECHES. 277 succeed, is ominous and alarming. Knowing all these, what have we done ? We have overrated our country in wealth, to overrate her in contribution, to apply that contribution to the maintenance of a military, to take away her liberty. I speak of the proposed war establishment. What is the proposed peace establishment ? — one- third greater than past peace establishments. Why one-third greater ? The increased pay of 15,000 men, the peace establishment of a militia of 17,000 men, the skeleton of the yeomen corps, will not account for an increase of one-third, namely, of half a million. No ground whatever has been laid for it, except, indeed, a certain hint that it may be expedient to mention. In peace, an army in Ireland of 20,000 — we understand that perfectly — an Union army — a military establishment in peace ; and a rebellion establishment in war : in fact, an army not for the people of Ireland, but put upon them, not to protect them, but to protect the projects of the minister against them. Tis time, it has been said, that England will pay this additional expense ; but what is that ? The English minister will make his country assist in the subjugation of the Irish by force of arms ; there is no great compliment in this : but rely on it, that Ireland, like every enslaved country, will ultimately be compelled to pay for her own subjugation ; robbery and taxes ever follow con- quest ; the country that loses her liberty, loses her revenues. But, if the terms of the financial part of the Union were as bene- ficial as they are injurious, it would be of little moment ; for there is an article, that whenever the minister shall raise the debt of Ireland to an amount which shall be as the proportion of two to fifteen in relation to the permanent debt of England (in three years of war they tell you they will do it), then you are to be taxed as much as England. Considering then the terms of the Union, as far as they relate 10 revenue, they amount to a continuation of the double establishment, an increase of the separate establishments, and a military government, with a prospect of soon succeeding to the full taxes of England. As to commerce, the terms are short and simple — to abate those duties which you thought necessary for the protection of your manu- factures ; that's all ! Are the manufacturers of glass, of iron-ware, are the brewers, the hosiers, the saddlers, the manufacturers of cotton, obliged to you for that ? Did they petition parliament for it ? have they not petitioned parliament against it ? Who is it then that calls for it ? The Irish manufacturer ? — No. The Irish consumer ? —No. The Irish Parliament ?— No. Who then ?— The Br tish minister, who does not indeed petition, but exacts it of the Irish 13 278 ANTI-UNION SPEECHES. Parliament;, who, at the same time, are called on to surrender themselves, their power, and their being. All duties below ten per cent, to be taken off; all duties above it to be reduced to that stan- dard for twenty years, and then to be abolished in toto. Calico is respited for a few years. Why do you deprive calico of the advan- tage of being unprotected for those few years ? Why ; but because it is of no advantage, but the contrary ; and you have thought it a matter of mercy to let the persons engaged in that trade gradually withdraw. Here is the commercial benefit, the commerce which we are to get for our constitution ; for you do not say, that it is a material privilege to be permitted to export to England our cotton and woollen cloth. Would it be a great privilege to permit England to export Burgundy into France ? Even the privilege of importing wool, the British minister has told you, will be of no use to you ; lie is, I believe, right ; there is nothing he gives, there is nothing in trade which he can give, that will be of any use to you. I do not pretend to decide whether these advantages will prove the ruin of your manufacturers ; but I do venture to decide, that they will not be of any use to them. Besides, what are the commercial terms ? Such as you could give yourselves without an Union, if you did not think them mischievous ; what, then, are the terms, financial and commercial ? The increase of your taxes of incumbrance, and the abatement of your duties of protection ; a surrender, not a compen^ sation ; evidences of conquest ; such terms as a nation must expect that surrenders her constitution. From the bad terms which attend the Union, I am naturally led to the foul means by which it has been obtained — dismissals from office — perversions of the place bill — sale of peerage — purchase of boroughs — appointment of sheriffs with a view to prevent the meet- ings of freemen and freeholders for the purpose of expressing their opinions on the subject of a Legislative Union — in short, the most avowed corruption, threats, and stratagems, accompanied by martial law, to deprive a nation of her liberty ; and so very great and bene- ficial have been the efforts, that His Majesty's . ministers have actually resorted to a partial dissolution of parliament at the very time they declined to resort to a general election ; the sense of parliament and people was against them : they change, therefore, the parliament without recurring to the people, but procure a number of returns, exceeding their present majority, from private boroughs, vacated with a view to return a court member, who should succeed a gentleman that would not vote for the Union ; here then, is a parliament made by the minister, not the people ; and made for ANTI-UNIOK SPEECHES. 279 the question. Under these circumstances, in opposition to the declared sense of the country, has been passed a measure imposing on the people a new constitution, and subverting the old one. The good consequences of this measure have been boldly pro- phesied ; I own I see them not. Tranquillity arising from the suppression of parliament ; manufacturers flourishing from the want of protection, these excellent consequences are, at best, but problematical ; the ceasing of political topics with the ceasing of the assembly wherein tney might be regularly or decorously deliberated, is an expectation very pious, perhaps, but very fond and very presumptuous. Do you seriously think that when you take away the forms of liberty, you take away the spirit of liberty? Do you think, for instance, that the Catholic will become insensible to the privileges of a free constitution, because a Protestant Parliament has renounced them ? Do you think Protestant and Catholic will become insensible to the necessity of representation, because they lost their freedom by the want of it ? Do you think that a minister, that any set of men in league with a minister, can, with the institution, sink, smother, and put out the very essence, soul, and light of liberty ? It may be so; I do not believe it. Recollect again, that this tranquil- lity and this commerce predicted to follow the Union, are, at best, paradoxical and remote ; but that the evil consequences predicted are immediate and certain, namely, the war contribution of near £5,000,000, the diminution of your landed capital, the absence of your landed proprietors, the abatement of your protecting duties, the surrender of a solid revenue, the increase of your benefit by a borough loan, and the subversion of your constitution. Those gen- tlemen who, for what they call tranquillity, in their speculations, are ready to sacrifice the labours, the honour, and the freedom of their country, may find that they have lost the liberty, but have not secured the repose. Let me add, that the most decided friends, who deserve respect, have not gone farther than to say, that its conse- quences cannot be foreseen. The minister of Britain (Mr. Pitt) has spoken again in its favour. His first speech is a record of inanity ; the merit of his second is, to have abandoned the defence of the first. The inundation of capital from the increase of absentees, the visit of British manufacturers from the increase of taxes, the abatement of protecting duties, and the diminution of the number of consumers, civilization arising from the absence of the gentry, from the corruption of the higher orders (never was minister more profligate), from the debasement of the lower order by the application of terror, civilization arising from the 280 ANTI-UNION SPEECHES. regular practices of administration to destroy public virtue, and to render the evils base and false of every order and degree. The political blessings arising from these causes, which overflowed in the first speech, have, in the minister's second speech, prudently and considerately, like any other folly of the day, vanished and evaporated. Argument seems to have taken a new post ; it is no longer industry of the manufacturer, it is now a more pleasurable plan ; luxury and consumer ; such has been the turn of talk and trifling here. " England will furnish everything for money ; she will take your rent, and supply manufactures for your accommodation ; what signifies which country supplies the article, since you are one people ?" In the same way it is said : " What signifies the number of Irish representatives, since you are one people? and, therefore, let them be so few as to be merged in the representation of Great Britain". Again, it is said : " What signifies where the army is quartered, whether in Britain or in Ireland, since you are one people ?" and, therefore, let the troops be in Ireland, and the manufactures be in Great Britain ! The advantages predicted in revenue, like those in commerce, vanish also ; the magnificent million of the speech of the Irish Secretary, does not appear in the second oration of the British minister. He had indeed assumed a certain air of astonishment at the surmise, that Britain sought to obtain revenue from other coun- tries. He suffered his minister here to go a little farther, and to teach us to think that England was impatient to get rid of revenue ; that her turn now was to buy up constitutions; that she had become a chapman and dealer in liberty, and was willing to pay Ireland for her parliament, half a million in peace, and one million per annum in war. I doubted the fact, for I had not forgotten the American war ; I had not forgotten the American Stamp Act ; I had not forgotten Mr. G. Grenville's pamphlet, containing a proposal to tax Ireland as well as America ; I had not forgotten the proposal of the present minister of England, contained in one of the proposi- tions of 1785, namely, that the surplus of the hereditary revenue should go to England. When, therefore, the same minister, in a state of tenfold distress, disclaimed revenue, and when the minister here averred that England was to pay a contribution to Ireland, I did not believe either ; but when the former now disavows the latter, and, in his second speech as printed, he is made to say, that Ireland is to pay pretty much what she does now ; that is to say, not as the minister here said, a million less, but above four times as much as she paid in any former war, and many times as much as she is able, ANTI-UNION SPEECHES. 281 and such an expense as the rebellion, not the war, produced ; I say, when the minister sets forth such as our contribution hereafter, he does renounce all benefits predicted in finance, with as much candonr as he abandons all benefits predicted in commerce, to result from his fatal measure of Union. His second speech, in short, deserts the boast of beneficial terms, and confines itself to errors and misrepre- sentations of another kind, which are there to be found in very great abundance. He sets forth that the Irish constitution is the cause of our misfortunes ; his friends have stated the same thing, and have said, that they cannot administer the country on her revenues or under her constitution ; and such an argument in him and in them is modestly urged to banish the parliament and to retain the ministry. Never was it known in a country that retained a trace of liberty, that a minister of the Crown was suffered to impeach the constitu- tion of the realm. Suppose he were to say : "I cannot administer a monarchical constitution; therefore banish the king"; or, "I cannot administer an aristocratic constitution ; / therefore banish the house of Lords". What, in fact, does the minister say, who uses this argument, but that his system was a grievance, as was predicted by part of his colleagues, who said they took office to reform it ; that it was not fit for a free people ; that it would produce a civil war; that the public sale of honours, that his notorious attempts to pack parliament, that the violence of some of his agents in this country, that his selection of persons for Irish affairs, who were rather panders than politicians, would aid the growth of French principles, and produce insurgency? Let us, however, give the minister every advantage; let us receive his charge, and tiy the constitution. He will please to show by what act she produced the rebellion ; the mere coexistence of a constitution and a rebellion does not convict the former ; it will be necessary for the accuser to specify facts, and it will be necessary for him to show, first, that these facts sprung out of parliament ; second, that these facts produced the rebellion. His friends have advanced two facts, the reform of parliament, and the emancipation of the Catholics ; but it will be recollected, that parliament was not the author of cither of these questions, and it will be recollected also, that in the report of the two Houses, formed by the friends of the minister, it ? 3 declared, that neither of these questions was the cause of the rebellion, for there it is said, that neither of these questions was an object to the people. Thus is the constitution acquitted, and acquitted by the very ministry who prefer the charge. They have 282 ANTI-UNION SPEECHES. confined their charge to two questions; and they have declared these questions did not interest the people ; and these questions, it is known, did not spring from the parliament. They have affected to try the constitution. Let us now tiy them ; and I ask whether their own measures might not have caused the rebellion ? Whether the sale of peerages, as notoriously took place in 1789 and 1790, by the then ministers of the crown, for the pur- pose of procuring seats in the commons for the dependents of the Castle, might not have destroyed in Ireland the credit of British government ? I ask, whether the attempt to pack the Irish Parliament, as was notoriously practised in '89 and '90, by the then minister of the crown in Ireland, might not have sunk the credit of British govern- ment ? I ask, whether the profligate avowal of that profligate practice by a profligate minister of the crown, might not have sunk the credit of British government ? I ask not, whether the intro- duction of the question of Parliamentary Eeform could have sunk the credit of British government ; but I do ask, whether the introduction and the apostacy from that question, might not have helped to sink the credit of British government ? I ask, whether the introduction of the Catholic question in Great Britain in '92 ; whether the oppo- sition given to the Catholic franchise by the Irish government in '92 ; whether the assent given to the petition for that franchise by the English ministry in '93 ; whether the abuse and Billingsgate accompanying that assent, and uttered by the Irish ministry at that time ; whether the adoption of the pretensions of the Catholics by the English ministry at the close of '94 ; whether the rejection of those pretensions, and the recal of a lord-lieutenant, because with the ministiy's knowledge and acquiescence he honoured those pre- tensions ; whether the selection of persons for distinguished trust, who had distinguished themselves by a perpetual abuse of the Irish, and who were notoriously hostile, and who since have acknowledged their hostility by a conspiracy against the parliamentary constitution of their country ; I ask, I say, whether such a conduct, so incoherent, so irritating, so violent, so temporising, so corrupt, might not have very much aided the efforts of France in sinking the character of British government ? I ask those questions, and I do say, if ever the causes of the late rebellion shall be dispassionately discussed, the great, originating, and fundamental cause, will be found in the aver- sion of His Majesty's ministry to the independency of the Irish Parliament, and their efforts to subvert the same. We follow the minister. In defence of his plan of Union, he ANTI-UNION SPEECHES. 283 tells us the number of Irish representatives in the British Parlia- ment is of little consequence. This doctrine is new, namely, that between two nations the comparative influence is of no moment. According to this, it would be of no moment what should be the number of the British Parliament. No, says the minister; the alteration is to be limited to the Irish Parliament ; the number and fabric of the British is to remain entire, unaltered, and unalterable. What now becomes of the argument of mutual and reciprocal change? or what does the new argument avow, but what Ave maintained and the court denied, that the Union was, with respect to Ireland, a merger of hei parliament in the legislature of the other, without creating any material alteration therein, save as far as it advanced the influence of the crown direct or indirect. The minister goes on, and supposes 100 Irish will be sufficient, because he supposes any number would be sufficient ; and he sup- poses any number would be sufficient, because the nations are iden- tified. Thus he speaks, as if identification was at once a cause to flow from representation, and an event which preceded it. You are one people, such is his argument, because you are represented, and what signifies how, or, indeed, whether you be represented? But the fact is, that you are identified (if you be identified, which I deny) in the single point of representation, and that representation is absorbed in the superior numbers of the English Parliament, and that apparent identification is, of course, lost, while you remain a distinct country, distinct in interest, revenue, law, finance, commerce, government. Suppose Yorkshire governed by a lord-lieutenant and by a different code of law, she would not be a part of England, but a province of Great Britain; but now the martial law of Scotland must be the martial law of England, and therefore the constitutional sympathy of England defends and renders the number of her repre- sentatives less essential ; but the martial law of Ireland is not the martial law of England ; the military government of Ireland is not the military government of England, and therefore the constitutional sympathy of England does not defend Ireland, but, on the contrary, the imperial jealousy of England endangers Ireland, and has taught the councils of Britain to think that our servitude is our safety. " It is matter of no moment what are the number of Irish repre- sentatives, provided that they be sufficient to state the wants, and watch over the interest of their country". So do the public prints make the minister speak. Why ! three men are sufficient for that purpose — one man could do it — a gentleman seated at the bar could do it : the American agents did that before the American war. But 284 ANTI-UNION SPEECHES. the minister is made to add another provision, which makes his doctrine less answerable in point of meaning, leaving it without any meaning at all — " provided that the numbers be sufficient to protect the rights of the country". But, indeed, when he afterwards explains what protection those rights are to receive, then he sets your mind at ease — protection against Jacobinism ; that's the only point, and that could be accomplished without a single represen- tative — without a parliament ; an absolute monarch could do that ; martial law will do that ; James the Second would have done it. But are there no popular rights ? Is liberty gone out of the calendar ? Order, government, they are indispensable, but are they the whole ? This is new doctrine in these countries, very familiar to a minister, but very fatal to a free people. He confines the pur- poses of Irish representation to two objects ; first, watching and stating, which only requires one representative ; secondly, protection against Jacobinism, which requires no representative whatever. He then proceeds to ask himself a question extremely natural after such reasoning; what security has Ireland? He answers, with great candour, honour. English honour. Now, when the liberty and security of one country depends on the honour of another, the latter may have much honour, but the former can have no liberty. To depend on the honour of another country, is to depend on the will ; and to depend on the will of another country, is the definition of slavery. " Depend on my honour", said Charles the First, when he trifled about the petition of right : " I will trust the people with the custody of their own liberty, but I will trust no people with the custody of any liberty other than their own, whether that people be Rome, Athens, or Britain". Observe how the minister speaks of that country which is to depend hereafter on British honour, which, in his present power, is, in fact, his honour. " We had to contend with the leaders of the Protestants, 4 enemies to government' ; the violent and inflamed spirit of the Catholics ; the disappointed ambition of those who would ruin the country because they could not be the rulers of it". Behold the character he gives of the enemies of the Union, namely, of twenty-one counties convened at public meetings by due notice ; of several other counties that have petitioned ; of most of the great cities and towns, or indeed of almost all the Irish, save a very few mistaken men, and that body whom government could influence. Thus the minister utters a national proscription at the moment of his projected Union : he excludes by personal abuse from the possi- bility of identification, all the enemies of the Union, all the friends ANTI-UNION SPEECHES. 285 of the parliamentary constitution of 1782, that great body of the Irish, he abuses them with a petulance more befitting one of his Irish ministers, than an exalted character, and infinitely more dis- graceful to himself than to them ; one would think one of his Irish railers had lent him their vulgar clarion to bray at the people. This union of parliaments, this proscription of people, he follows by a declaration, wherein he misrepresents their sentiments as he had before traduced their reputation. After a calm and mature consideration, the people have pronounced their judgment in favour of an Union ; of which assertion not one single syllable has any existence in fact, or in the appearance of fact, and I appeal to the petitions of twenty-one counties, publicly convened, and to the other petitions of other counties numerously signed, and to those of the great towns and cities. To affirm that the judgment of a nation is erroneous may mortify, but to affirm that her judgment against is for; to assert that she has said ay when she has pronounced no; to affect to refer a great question to the people ; finding the sense of the people, like that of the parliament, against the question, to force the question ; to affirm the sense of the people to be for the ques- tion ; to affirm that the question is persisted in because the sense of the people is for it; to make the falsification of her sentiments the foundation of her ruin and the ground of the Union ; to affirm that her parliament, constitution, liberty, honour, property, are taken away by her own authority ; there is, in such artifice, an effrontery, a hardihood, an insensibility, that can best be answered by sensa- tions of astonishment and disgust, excited on this occasion by the British minister, whether he speaks in gross and total ignorance of the truth, or in shameless and supreme contempt for it. The. constitution may be for a time so lost ; the character of the country cannot be lost. The ministers of the crown will, or may perhaps at length find that it is not so easy to put down for ever an ancient and respectable nation, by abilities, however great, and by power and by corruption, however irresistible ; liberty may repair her golden beams, and with redoubled heat animate the country; the cry of loyalty will not long continue against the principles of liberty; loyalty is a noble, a judicious, and a capacious principle; but in these countries loyalty, distinct from liberty, is corruption, not loyalty. The cry of the connection will not, in the end, avail against the principles of liberty. Connexion is a wise and a profound policy ; but connexion without an Irish Parliament, is connexion without its own principle, without analogy of condition, without the pride of 286 CATHOLIC QUESTION. honour that should attend it; is innovation, is peril, is subjugation— not connexion. The cry of disaffection will not, in the end, avail against the principles of liberty. Identification is a solid and imperial maxim, necessary for the pre- servation of freedom, necessary for that of empire; but, without union of hearts — with a separate government, and without a separate parliament, identification is extinction, is dishonour, is conquest — not identification. Yet I do not give up the country : I see her in a swoon, but she is not dead : though in her tomb she lies helpless and motionless, still there is on her lips a spirit of life, and on her cheek a glow of beauty — ** Thou art not conquered ; beauty's ensign yet Is crimson in thy lips and in thy cheeks, And death's pale flag is not advanced there". While a plank of the vessel sticks together, I will not leave her. Let the courtier present his flimsy sail, and carry the light bark of his faith with every new breath of wind: 1 will remain anchored here with fidelity to the fortunes of my country, faithful to her freedom, faithful to her fall. CATHOLIC QUESTION. May 13, 1805. In the month of April, Mr. Grattan was returned for Malton, a Yorkshire borough, and in the ensuing month he took his seat for the first time in the Imperial Parliament. Much curiosity was naturally excited to hear a speaker of whom so much had been said, and who, in his own country, had acted so conspicuous a part in obtaining for her a constitution, and in defending it at the period of its extinction ; an opportunity soon presented itself, on the subject of the Roman Catholic Petition, which had been entrusted to Mr. Fox, and which, on the 25th of March, he presented to the House. It was read and laid upon the table. The 10th of May was named as the day on which he meant to bring forward a motion upon the subject, this was altered to the 13th, when, after a long and able speech, in which he reviewed the policy of Great Britain towards Ireland, set forth the disabilities under which the Roman Catholics laboured, and the fidelity with which they had adhered to the fortunes of Great Britain, he concluded by moving, " That the petition be referred to the consideration of a committee of the whole House". This was opposed by Dr. Duigenan, who entered into a long and violent invective against the Roman Catholics ; he quoted several obsolete decrees of Rome and acts of various councils, and de- CATHOLIC QUESTION. 287 dared that tlie Catholics were hostile to the connection with Great Britain, and that any bill in favour of their liberties, would be a violation of his Majesty's coronation oath. After he had concluded : Mil. Grattax rose, he said, to avoid the example of the member who had just sat down, and instead of calumniating either party, to defend both. The past troubles of Ireland, the rebellion of .1641, and the wars which followed (said the honourable gentleman), I do not wholly forget, but I only remember them to deprecate the example and renounce the animosity. The penal code which went before and followed those times, I remember also, but only enough to know, that the causes and reasons for that code have totally expired ; and as on one side the Protestant should relinquish his animosity on account of the rebellions, so should the Catholics relinquish their animosity on account of the laws. The question is not stated by the member ; it is not whether you will keep in a state of disqualifi- cation a few Irish Catholics, but whether you will keep in a state of languor and neutrality a fifth of the empire. Before you impose such a sentence on yourself, you will require better arguments than those which the member has advanced ; he has substantially told you that the Irish Catholic church, which is, in fact, more indepen- dent than the Catholic church here, is the worst in Europe ; that the Irish Catholics, our own kindred, are the worst of Papists ; that the distinction, a distinction made by the law, propounded by our- selves, and essential to the state, between temporal and spiritual power, is a vain discrimination ; and that the people of Ireland, to be good Catholics, must be bad subjects : and finally, he has emphatically said, "that an Irish Catholic never is, never was, never will be, a faithful subject to a British Protestant king": his words are, "they hate all Protestants and all Englishmen ". Thus has he pronounced against his country three curses : eternal war with one another, eternal war with England, and eternal peace with France. So strongly does he inculcate this, that if a Catholic printer were, in the time of invasion, to publish his speech, that printer might be indicted for treason, as the publisher of a composition administering to the Catholics a stimulative to rise, and advancing the authority of their religion for rebellion. His speech consists of four parts : — 1st, an invective uttered against the religion of the Catholics; 2nd, an invective uttered against the present generation ; 3rd, an invective against the past ; and 4th, an invective against the future : here the limits of creation interposed, and stopped the member. It is to defend those different generations, and their 288 CATHOLIC QUESTION. religion, I rise ; to rescue the Catholic from his attack, and the Protestants from his defence. The civil interference of the Pope, his assumed power of deposi- tion, together with the supposed doctrine, that no faith was to be kept with heretics, were the great objections to the claims of (he Catholics ; to convict them, the learned doctor has gone forth with a sinister zeal to collect his offensive materials, and behold! he returns laden with much disputed comment, much doubtful text, much of executive decrees, and of such things as are become obsolete because useless, and are little attended to because very dull and very uninte- resting, and wherein the learned gentleman may for that reason take many little liberties in the way of misquotation or in the way of suppression. All these, the., fruits of his unprofitable industry, he lays before you : very kindly and liberally he does it ; but of this huge and tremendous collection, you must reject a principal part, as having nothing to say to the question, namely, all that matter which belongs to the court of Rome as distinct from the church ; secondly, of the remnant after that rejection, you must remove everything that belongs to the church of Rome which is not confined to doctrine regarding faith and morals, exclusive of, and unmixed with, any temporal matter whatever; after this correction, you will have reduced this gentleman of the fifteenth century to two miserable canons, the only rewards of his labour and result of his toil, both passing centuries before the Reformation, and therefore not bearing on the Protestants or the Reformers. The first is a canon excommu- nicating persons who do not abide by a profession of faith contained in a preceding canon, which notably concludes with the following observation, that virgins and married women may make themselves agreeable to God. Now I cannot think such a canon can excite any grave impression or alarm in this House, passed six hundred years ago, three hundred years before the birth of the Reformation, made by lay princes, as well as ecclesiastics, and never acknowledged or noticed in these islands, even in times of their Popery. The other canon, that of Constance, goes to deny the force of a free passport or safe conduct to heretics, given by temporal prince3 in bar of the proceedings of the Church. Without going farther into that canon, it is sufficient to say, that it is positively affirmed by the €atholics, that this does not go farther than to assert the power of the Church to inquire into heresy, notwithstanding any impediments from lay princes ; and farther, there is an authority for that inter- pretation, and in contradiction to the member's interpretation, not only above his authority, but any that it is in his studies to produce; CATHOLIC QUESTION. 289 I mean that of Grotius, who mentions, that the imputation cast on the Catholics on account of this canon is unfounded. Here I stop, and submit, that the member is in the state of a plaintiff, who cannot make ont his case, notwithstanding his two canons ; that he has failed most egregiously, and has no right to throw the other party on their defence. However, the Catholics have gone, as far as relates to him, gratuitously into their case, and have not availed themselves of the imbecility of their opponent, and they have been enabled to produce on the subject of the above charges, the opinion of six universities, to whom those charges, in the shape of queries, have been submitted : Paris, Louvaine, Salamanca, Douay, Yalladodid, Alcala. These universities have all answered, and have, in their answers, not only disclaimed the impu- ted doctrines, but disclaimed them with abhorrence. The Catholics have not stopped here ; they have drawn up a declaration of nine articles renouncing the imputed doctrines, together with other doctrines or views objected to them ; they have gone farther, they have desired the Protestants to name their own terms of abjuration : the Protestants have done so, and here is the instrument of their compact — it is an oath framed by a Protestant parliament, princi- pally manufactured by the honourable member himself, in which the Irish Catholics not only abjure the imputed doctrine, but are sworn to the state, and to the present establishment of the Protestant church in Ireland, and to the present state of Protestant property ; this oath has been universally taken, and by this oath both parties are concluded, the Catholic from resorting to the abjured doctrines, and the Protestant from resorting to the abjured charge. There- fore, when the member imputes, as he has done, to the Catholic the principles hereby abjured, it is not the Catholic who breaks faith with him, but it is he who breaks faith with the Catholic. He acts in violation of the instrument he himself formed, and is put down by his own authority. But the Catholics have not only thus obtained a special acquittal from the charges made against them in this debate, they have obtained a general acquittal also. The most powerful of then- opponents, the late Earl of Clare, writes as follows: "They who adhere to the Church of Rome are good Catholics ; they who adhere to the Court of Rome are traitors"; and he quotes Lord Somers as his authority, in which he entirely acquiesces, and acknowledges their innocence in their adherence to the Church of Rome as distinct from the Court. A test, such as I have already mentioned, is formed in Ireland, abjuring the doctrine of the Court of Rome, and reducing their religion to the Church of 290 CATHOLIC QUESTION. Rome. This test, together with a number of other articles, is re- duced to an oath, and this oath is reduced into an act of parliament, and this oath, thus legalised, is taken universally. Here again are the opponents to the Catholic concluded by their own concessions ; by tendering an oath to Catholics, they allow an oath to be a test of sincerity; by framing that oath under these circumstances, they make it a test of pure Catholicism ; and by their own argument, they pronounce Dure Catholicism to be innoxious. But the honourable member has gone a little farther than pronounce the in- nocence of the Catholics ; he has pronounced the mischievous con- sequences of the laws that proscribe them ; he has said, in so many words, that an Irish Catholic never is, and never will be, faithful to a British Protestant king ; he does not say eveiy Catholic, for then he would include the English Catholics and those of Canada ; nor does he say every Irishman must hate the king, for then he would include every Protestant in Ireland ; the cause of the hatred is not then in the religion nor in the soil ; it must be then in the laws, in something which the Protestant does not experience in Ireland, nor the Catholic in any country but in Ireland, that is to say, in the penal code ; that code then, according to him, has made the Catho- lics enemies to the king ; thus has he acquitted the Catholics and convicted the laws. This is not extraordinary, it is the natural pro- gress of a blind and a great polemic ; such characters, they begin with a fatal candour, and then precipitate to a fatal extravagance, and are at once undermined by their candour anol exposed by their extravagance : so with the member, he hurries on, he knows not where, utters, he cares not what, equally negligent of the grounds of his assertions and their necessary inferences ; thus, when he thinks he is establishing his errors, unconsciously and unintentionally he promulgates truth ; or rather, in the very tempest of his speech, Pro- vidence seems to govern his lips, so that they shall prove false to his purposes, and bear witness to his refutations. Interpret the gentleman literally — what blasphemy has he uttered ! He has said that the Catholic religion, abstracted as it is at present in Ireland from Popery, and reduced as it is to mere Catholicism, is so incon- sistent with the duties of morality and allegiance, as to be a very great evil. Now, that religion is the Christianity of two-thirds of all Christendom ; it follows, then, according to the learned doctor, that the Christian religion is in general a curse. He has added, that his own countrymen are not only depraved by religion, but rendered perverse by nativity ; that is to say, according to him, blasted by their Creator, and damned by their Redeemer. In order, CATHOLIC QUESTION. 291 therefore, to restore the member to the character of a Christian, we must renounce him as an advocate, and acknowledge that he has acquitted the Catholics whom he meant to condemn, and convicted tbe laws which he meant to defend. But though the truth may be eviscerated from the whole of the member's statement, it is not to be discerned in the particular parts, and therefore it is not sufficient to refute his arguments ; it is necessary to controvert his positions. The Catholics of Ireland, he says, hate the Protestants, hate the English, and hate the king. I must protest against the truth of this position. The laws, violent as they were, mitigated as for the last seventeen years they have been, the people, better than the laws, never could have produced that mischief: against such a posi- tion I appeal to the conscious persuasion of every Irishman. We will put it to an issue : the present chief governor of Ireland is both an Englishman and the representative of English government. I will ask the honourable gentleman whether the Irish hate him ? If I could believe this position, what could I think of the Protestant ascendency, and what must I think of the British connexion and government, who have been for six hundred years in possession of the country, with no other effect, according to this logic, than to make its inhabitants abhor you and your generation. But this po- sition contains something more than a departure from fact : it says, strike France, strike Spain, the great body of the Irish are with you : it does much more, it attempts to give the Irish a provocation ; it teaches you to hate them, and them to think so ; and thus false- hood takes its chance of generating into a fatal and treasonable truth. The honourable gentleman, having misrepresented the present generation, misstates the conduct of their ancestors, and sets forth the past rebellions as proceeding entirely from religion. I will follow him to those rebellions, and show, beyond his power of con- tradiction, that religion was not, and that proscription was, the leading cause of those rebellions. The rebellion of 1641, or let me be controverted by any historian of authority, did not proceed from religion ; it did proceed from the extermination of the inhabitants of eight counties in Ulster, and from the foreign and bigoted education of the Catholic clergy, and not from religion. The rebellion of the Pale, for it was totally distinct in period and cause from the other, did not proceed from religion : loss of the graces (they resembled your petition of right, except that they embraced articles for the security of property), disarmament of the Catholics, expulsion of them in that disarmed state from Dublin, many other causes, order for the execution of certain priests — you will not forget there was 292 CATHOLIC QUESTION. an order to banish their priests in James the First's time, and to shut up their chapels in Charles the First's — these were the causes : there was another cause — jou were in rebellion, Scotland was in re- bellion ; there was another cause, the Irish government was in re- bellion ; they had taken their part with the republicans, and wished to draw into treason the Irish freeholders, that, with the forfeiture of another's rebellion, they might supply their own. I go back with concern to these times, I see much blood, no glory ; but I have the consolation to find, that the causes were not lodged in the religion or the soil, and that all of them, but the proscriptive cause, have vanished. I follow the member to another rebellion, which should properly be called a civil war, not a rebellion ; it proceeded from a combination of causes which exist no longer, and one of those causes was the abdicating king at the head of the Catholics, and another cause was the violent proscription carried on against the Catholics by the opposite and then prevailing party : these causes are now no more, or will the member say there is now an abdicating prince, or now a Popish plot, or now a Pretender. There are causes most certainly sufficient to alarm you, but very different, and such as can only be combated by a conviction, that as your destinies are now disposed of, it is not the power of the Catholics which can destroy, or the exclusion of the Catholics that can save you. The conclusion I draw from the history above alluded to, is very different from that drawn by the member, and far more healing ; conclusions to show the evils arising from foreign connexions on one side, and from do- mestic proscription on the other. If all the blood shed on those occasions, if the many fights in the first, and the signal battles in the second period, and the consequences of those battles to the de- feated and the triumphant — to the slave that fled, and to the slave that followed — shall teach our country the wisdom of conciliation, I congratulate her on those deluges of blood ; if not, I submit, and lament her fate, and deplore her understanding, which would render not only the blessings of Providence, but its visitations, fruit- less, and transmit what was the curse of our fathers as the inheritance of our children. The learned gentleman proceeds to misstate a period of one hundred years — namely, the century that followed the revolution ; and this he makes a period of open or concealed rebellions : the sources of his darkness and misinformation are to be found in history and revelation ; of his charges against that period he brings no proof ; none of those on the same side with him can bring any : they heard from such a one, who heard from such a one ; I neither be- CATHOLIC QUESTION. 293 lieve them nor such a one, and I desire so many generations may not be convicted on evidence that would not be admitted against the vilest caitiff, and that in opposition to evidence by which that vilest caitiff would be acquitted — in opposition to the authority of four acts of parliament ; the act of 1778, which declares their loyalty for a long series of years, that of 1782, that of 1793, and further, against the declared sense of government, who, in the year 1762, proposed to raise four Catholic regiments, because the Catholics had proved their allegiance against the authority of the then Irish Primate, who supported that measure, and in his speech on that subject assigns, as his reason, that after his perusal of Mr. Murray's papers, nothing appeared against the Irish Catholics, of any connexion whatsoever with the rebellion of that period. The member next proceeds to the rebellion of 1798, and this he charges to the Catholics ; and against his charge I appeal to the report of the committee of the Irish House of Commons in 1797, in which is set forth the rebel muster, con- taining 99,000 northerns enrolled in rebellion, and all the northern counties organised : at the time in which the committee of the House of Commons states the rebellion of the north, the dispatches of go- vernment acknowledged the allegiance of the south. To those dis- patches I appeal, written at the time of Hoche's projected invasion, and applauding the attachment and loyalty of the southern counties, and their exertions to assist the army on its march to Cork, to op- pose the landing of the French. If you ask how the rebellion spread and involved the Catholics, I will answer, and tell you, that as long as the proscriptive system continues, there will be in our country a staminal weakness, rendering the distempers to which so- ciety is obnoxious, not only dangerous, but deadly ; every epidemic disease will bring the chronic distemper into action ; it is the grape- stone in the hand of death which strikes with the force of a thunder- bolt. If you have any apprehension on this account, the error is to be found in yourselves, in human policy, not in religion ; in the fallibility of man, not of God. If you wish to strip rebellion of its hopes, France of her expectations, reform that policy ; you will gain a victory over the enemy when you gain a conquest over yourselves. But I will for a moment accede to the member's statement against facts and histoiy : what is his inference ? during one hundred years of the proscriptive system, the state has been in imminent danger ; therefore, adds he, continue the system : here is the regimen under which you have declined — persevere. But the member proceeds to observe, that you cannot hope to reconcile those whom you cannot hope to satisfy, and he instances the repeal of the penal code. I 294 CATHOLIC QUESTION deny the instances : the repeal in 1778 and 1782 did reconcile and did satisfy ; accordingly you will find, that the Irish Catholics in 1779 and 1780, 1781 and 1782, were active and unanimous to repel the invasion threatened at that time, when the French rode in the Channel, and Ireland was left to the care of 6,000 regulars, and was only defended from invasion by the spirit and loyalty of the Catholics, in harmony and in arms with their Protestant brethren. The repeal of a principal part of the penal code in 1793 did not re- concile and did not satisfy ; it was, because the Irish government of that time was an enemy to the repeal and to the Catholics, and pre- vented the good effects of that measure. That government, in the summer of 1792, had sent instructions (I know the fact to be so) to the grand juries to enter into resolutions against the claims of the Catholics. Their leading minister appeared himself at one of the county meetings, and took a memorable part of hostility and pub- licity. When the petition of the Catholics was recommended in tho King's speech in 1793, the Irish minister answered the King, and with unmeasured severity attacked the petitioners. When the bill, introduced in consequence of his Majesty's recommendation, was in progress, the same minister, with as unmeasured severity, attacked the bill, and repeated his severity against the persons of the Ca- tholics. When the same bill of reconciliation, in consequence of the recommendation and reference of the petition, was in its passage, the Irish government attempted to hang the leading men among the pe- titioners, and accordingly Mr. Bird and Mr. Hamilton were, by their orders, indicted for a capital offence — I think it was defenderism ; and so little ground was there for the charge, that those men were triumphantly acquitted, and the witnesses of the crown so flagrantly perjured, that the judge, I have heard, recommended a prosecution. These were the causes why the repeal of 1793 did not satisfy ; and in addition to these, because the Irish administration took care that the Catholics should receive no benefit therefrom, opposing them with their known partizans and dependents, seldom giving them any office (there are very few instances in which they got any), and manifest- ing in the government a more active enemy than before the Catholic had experienced in the law. I refer to the speeches delivered and published at the time by the ministers and servants of the Irish go- vernment, and persisted in, and delivered since ; read them, and there you will see an attack on all the proceedings of the Irish people ; from the time of their address for free trade, all their pro- ceedings, such as were glorious, as well as those that were intem- perate, without discrimination, moderation, or principle ,* there you CATHOLIC QUESTION. 295 will see the Irish ministry engaged in a wretched squabble with the Catholic committee, and that Catholic committee replying on that ministry, and degrading that ministry more than it had degraded itself; and you will further perceive the members of that ministry urging their charges against the members of that committee, to dis- qualify other Catholics who were not of the committee, but opposed it ; so that by their measures against the one part of the Catholics, and their invective against the other, they took care to alienate, as far as in them lay, the whole body. The fact is, the project of con- ciliation in 1793, recommended in the speech from the throne, was defeated by the Irish cabinet, who were at that time on that subject in opposition ; and being incensed at the British cabinet for the countenance afforded to the Catholics, punished the latter, and sowed those seeds which afterwards, in conjunction with other causes, produced the rebellion. I leave the member, and proceed to discuss the differences now remaining that discriminate His Majesty's subjects of the Protestant and Catholic persuasion. Before we consider how far we differ, it is necessary to examine how far we agree ; we acknowledge the same God, the same Redeemer, the same consequences of redemption, the same Bible, and the same Testament. Agreeing in this, we cannot, as far as respects religion, quarrel about the remainder ; because their merits as Christians must, in our opinion, outweigh their demerits as Catholics, and reduce our religious distinction to a difference about the eucharist, the mass, and the Virgin Mary ; matters which may form a difference of opinion, but not a division of interest. The infidel, under these circumstances, would consider us as the same religionists, just as the French would consider us, and cut us down as the same community. See whether we are not agreed a little farther, and united by statute as well as religion ; the preamble of three acts declares the Catholics to be loyal subjects ; the act of 1778 declares that they have been so for a series of years; the same act declares that they should be admitted into the blessings of the constitution: the act of 1793 goes farther, and admits them into a participation of those blessings ; thus is the principle of iden- tification established by the law of the land, and thus are the Catholics, by that law, proclaimed to be innocent, and the calum- niators of the Catholics guilty. Let us consider their situation under these laws, professedly and in principle admitted to everything except seats in parliament and certain ofhees of state ; they are, in fact, excluded from everything, under the circumstances of paying for everything (the few places they enjoy make no exception); they 296 CATHOLIC QUESTION. pay their proportion of money to the navy, and contribute one-third to its numbers, and have not a commission ; they contribute to the expenses of the army, and to one-third of its numbers, and have not a commission; and shall I now be asked, how are the Catholics affected by this ? or shall I be told that the Catholic body would not be served by the removal of this ? How would the Protestant body be affected, if only removed from the state, the parliament, the navy, and the army ? In addition to this, I am to add the many minor injuries done to the Catholics, in ways that must be felt, and cannot be calculated; the incalculable injury done to the Catholic mind by precluding it from objects of ambition, and to the Catholic spirit by exposing it to taunts and insults — you cannot be at a loss for an instance, such as is uttered by the vilest of the Protestants against the first of the Catholics. I am to add the mischief done to the morals of the country by setting up a false standard of merit, by which men, without religion, morals, or integrity, shall obtain, by an abhorrence of their fellow-subjects, credit and consequence, and acquire an impunity for selling the whole community, because they detest a part of it. You see it is impossible for any one part of society to afflict the other, without paying the penalty, and feeling the consequences of its own bad policy in the reaction of its own bad passions. I am to add the mischief done to the peace of the country among the lower orders, when the spirit of religious dis- cord descends, and the holiday becomes a riot, and the petty magis- trate turns chapman and dealer in politics, theologian and robber, makes for himself a situation in the country by monstrous lies, fabri- cates false panics of insurrection and invasion, then walks forth the man of blood; his creditors tremble; the French do not; and atro- cities, which he dares not commit in his own name, he perpetrates for the honour of his king, and in the name of his Maker. I have heard of the uncivilization of Ireland; too much has been said on that subject: I deny the fact: a country exporting above five millions, even at your official value, above half a million of corn, three millions of linen, paying nine million to the state, cannot be barbarous; a nation connected with you for six hundred years (what do you say ?) cannot be barbarous. If France should say so, you should contradict her, because it is not on Ireland, but on you the reflection must fall; but if anything, however, delays the perfect and extensive civilization of Ireland, it is principally her religious animosity; examine all the causes of human misery, the tragic machinery of the globe, and the instruments of civil rage and domestic murder, and you find no demon is like it, because it privi- CATHOLIC QUESTION. 297 leges every other vice, and amalgamates with infidelity, as well as with murder; and conscience, which restrains every other vice, becomes a prompter here. To restrain this waste and this conquest, exercised over your understanding, your morals, and your fortune, my honourable friend makes his motion. Come, let us hear the objections: the Catholics, they say, should not have political power: why, they have it already; they got it when you gave them landed property, and they got it when you gave them the elective franchise. "Be it enacted, that the Catholics shall be capable of holding all offices (civil and military, except") and then the act excludes a certain numeration. This is the act of 1793 ; and is not this political power allowed by act of parliament? So that the objection goes not so much against the petition as against the law, and the law is the answer to it. The reasons they give for objecting to the law are, first, that the Catholics do not acknowledge the King to be the head of their church. To require a person of the Catholic faith to acknow- ledge a person of another religion, who makes no very encouraging declarations towards them, to be head of the Catholic church, is going very far; but to make the withholding such acknowledgment the test of disaffection, is going much farther ; farther than reason, and farther than the law, which does not require such test, but is satisfied with a negative oath, and therefore the Presbyterians who make no such acknowledgment may sit in parliament; so that here the objector is answered again by the law, and the reason he gives in opposition to the law shows that the legislature is wiser than the objector. The reason alleged is, that he who allows his Majesty to be the head of his church has more allegiance, because he acknow- ledges the king in more capacities ; according to this, the Turk has more allegiance than either, for he acknowledges the Grand Seignior in all capacities, and the Englishman has less allegiance than any other subject in Europe, because, whereas other European subjects acknowledge their king in a legislative as well as an executive capacity, the English acknowledge their king in the latter capacity only. But such men know not how to estimate allegiance, which is not measured by the powers which you give, but by the privileges which you keep: thus your allegiance is of a higher order, because it is rendered for the proud circumstances be- longing to an Englishman, to the peer who has his rank, the commoner who has his privileges, and the peasant who has his magna charta. The Catholic too — he has an interest in his allegiance ; increase that interest, that is, increase this privilege, you increase the force of the 298 CATHOLIC QUESTION. obligation, and with it your own security. But here again the objector interposes, and alleges, that the Catholics do not only not acknowledge the king to be the head of their church, but acknow- ledge a foreign power — whom? I cannot find him. There was, indeed, a power which you set up in the last war and guarded with your troops ; is that the memory at which gentlemen tremble ? A sort of president, or chair, in whose name the business of the Catholic church is conducted, for whom no Catholic would fight, and against whom the Irish Catholics would fight, if he came into their country at the head of an invading army ; they have said so. You will recollect how little you yourselves feared that name, when you encompassed and preserved it at the very time of the Irish rebellion ; and nov? do gentlemen set it up and bring it back again into the world, as a principle likely to influence the action of the Irish? But then I here received an answer to this, viz. that Buonaparte has gotten possession of the power and person of the Pope. What power ? He had no power before his captivity, and there- fore he became a captive ; he has not found his power in his captivity ; or will you say, that he could now disband an Austrian or an Irish army, or that if he were to issue out his excommunications, your seamen and soldiers would desert ? Such the power of the Pope, such your fear of it, and such is the force of their argument. "What is the policy of it ? Buonaparte has gotten the Pope ; give him the Catholics. But here the objector interposes again, and tells us, it is in vain to look for harmony with the Catholics, inasmuch as they deliver us, the Protestants, to damnation : gravely they say this, soberly they say this, in the morning, and according to this you must not only repeal your laws of toleration, but you must disband part of your army and your navy, and disqualify your electors. The Catholic who hears this, produces a Protestant creed, which does the same thing, and damns his sect likewise ; the infidel, who listens, agrees with both, and triumphs and suggests that it were better not to cast off your people, but to shake off your religion. So Volney makes all sects contend, and all conquer, and religion the common victim. The truth is, exclusive salvation was the common frenzy of all sects, and is the religion of none, and is now not rejected by all, but laughed at ; so burning one another as well as damning one another ; you can produce instances — they can produce instances : it was the habit of the early Christians to anathematize all sects but their own. No religion can stand, if men, without regard to their God, and with regard only to controversy, shall rake out of the rubbish of antiquity the obsolete and quaint follies of the sectarians, CATHOLIC QUESTION, 299 and affront the majesty of the Almighty with the impudent catalogue of their devices ; and it is a strong argument against the proscrip- tive system, that it helps to continue this shocking contest, theolo- gian against theologian, polemic against polemic, until the two madmen defame their common parent, and expose their common religion. With arguments such as these it is urged that the laws were in error which gave the Catholic political power ; and, it is further added, that he will use that political power to destroy the church. I do not think they have now said, he will destroy the present state of property : bigotry has retired from that post, and has found out, at last, that the Catholics cannot repeal the act of settlement in Ireland, by which the property of the country was ascertained, until they become the parliament ; nor become the parliament till they get the landed property of the country ; and that when they get that property, they will not pass an act to set aside their titles to it. Further, it is now understood that the Protestant title is by time ; that there are few old Catholic proprie- tors, a multitude of new ones ; that the Catholic tenantry hold under Protestant title ; and, therefore, that there is, in support of the present state of property in Ireland, not only the strength of the Protestant interest, but the physical force of the Catholics ; there- fore, the objectors have judiciously retired from that ground, and now object to Catholic power as certain to destroy the Protestant church. How ? They must do it by act of legislation or by act of force ; by act of legislation they cannot, and by force they would not : they would net by act of force, because the measures proposed, which do not go to increase the force, do go decisively to remove the animosity. Or will you say, when you give them eveiy temporal motive to allegiance, they will become rebels ; that when, indeed, they had rights of religion, rights of property, rights of election, they were loyal ; but when you gratified their ambition likewise, then they became disaffected, and ready to sacrifice all their tempo- ral rights and political gratifications ? In order to, do what ? To get a larger income for their clergy ; that is, that their bishops should drink more claret, and wear finer clothes. And with whose assistance should they do this ? With the aid of the French, who starve their clergy ! The ordinary principles of action, the human motives that direct other men, according to these reasoners, are not to be found in the Catholic ; nature is in him reversed ; he is not influenced by the love of family, of property, of privilege, of power, or any human passion, according to his antagonists, no more than his antagonists appear in their logic influenced by human reason ; and 300 CATHOLIC QUESTION. therefore it is that these reaseners deal mostly in the prophetic strain — a prophet's fury, and his blindness; much zeal, and no religion. I would ask them, what authority have they for thus introducing the church as an obstacle to the advantages of the state ? Is it politic, or is it moral, to deprive the Catholics of the franchises of the constitution, because they contribute to the church, lest on obtaining those franchises they should pass laws withholding that contribution ? as if you had any right to make that supposition, or any right to insist on that perilous monopoly, which should exclude them at once from church and state, that they might pay for both without compensation. The great preachers of our capital have not said so ; Mr. Dunn, that meek spirit of the gospel, he has not said so ; Mr. Douglass, in his strain of piety, morals, and eloquence, has not said so ; nor the great luminary himself ; he who has wrung from his own breast, as it were, near £60,000, by preaching for public charities, and has stopped the mouth of hunger with its own bread, he has not said so. I ask not what politicians may instil and may whisper, but what have the laborious clergymen preached and practised ? But the Revolution, it seems, is an eternal bar : they find the principles of slavery in the Revolution, and they have found thoso of darkness in the Revelation. If they mean to measure the privi- leges of the empire by the model existing at the Revolution, they must impose on Ireland eternal proscription ; for at that time she was deprived of the rights of trade and constitution, and the Catho- lics of all rights whatsoever ; and they must impose on the empire two opposite principles of action, the free system for England, and the proscriptive principle for the rest ; they are then to make Ireland fight for British liberty and Irish exclusion ; their argument is, there- fore, not only a wicked wish, but a vain one ; nor is this the practice of other countries — those countries do not require the religion of the public officer to be the religion of the state ; their practice has been notoriously otherwise : they who said the contrary labour under a glaring error ; nor will you be able to encounter France and the other nations of Europe, if they shall avail themselves of the talents of all their people, and you will oppose them by only a part of yours. It follows, then, whether you look to the principles of liberty or of empire, that you cannot make the proscriptive system of the Revoke tion the measure of empire ; you must then make the principles of the Revolution that measure. What are those principles ? — Civil and religious liberty : they existed at that time in full force for you ; they existed as seminal principles for us ; they were extended to CATHOLIC QUESTION. 301 the Protestant part of Ireland a century after ; they remain now to be extended to the Catholics ; then will the Revolution be completed, not overthrown ; then will you extend the principles of your empire on those of your constitution, and have secured an uniformity of action by creating an identity of interests; thus will you have simplified the imperial and constitutional motions to one and the same principle of action, moving you in your home and in your imperial orbit, informing the body of your laws, and vivifying the mass of your empire. The petition of the county of Oxford states, the Catholics have ever been enemies to freedom, just as the contro- versialists have said the Catholics must be enemies to the King ; yet the Revolution, from whose benefits you are to exclude the Catholics, was founded on a model formed and moulded by Catholics ; the declaration of right being almost entirely declaratory of rights and privileges secured by your Catholic ancestors : one of your great merits at the Revolution was not to have exceeded that model ; but, on the contrary, you restrained popular victory, and restored estab- lishments, and kindled a modest spirit, which has outlasted the French conflagration ; a vital heat which then cheered you, which now should cheer the Catholic, and, which giving light and life to both, will, I hope, be eternal. The great objects, church, state, and property, I adopt with the controversialist, and beg to rescue them from his wisdom, to give them, for their support, the physical force of the Catholic body, inasmuch as our danger does not arise from the possible abuse of his constitutional power, but from the possible abuse of his physical force to obtain that constitutional power. In all this debate, you will observe, we argue as if we had but one enemy, the Catholic, and we forget the French ; and here, what I 6aid to the Irish Parliament on the Catholic question, I will repeat to you : I said to them : u The post you take is injudicious — indepen- dency of the British Parliament, exclusion of the Irish Catholics — a post to be kept against the power of one country and the freedom of the other". I now say to you, the post you would take is injudi- cious ; a position that would keep France in check, and Ireland in thraldom, to be held against the power of one country and the freedom of the other. There are three systems for Ireland ; one, such as Primate Boulter has disclosed, a system to set the people at variance on account of religion, that the government might be strong and the country weak; a system (such a one as prevailed when I broke her chain), which made the minister too strong for the consti- tution, and the country too weak for the enemy ; a system which one of its advocates had described, when he said the Protestants of U 302 CATHOLIC QUESTION. Ireland were a garrison in an enemy's country ; and which another gentleman has described, when he considered Ireland as a caput mortuum : this system has failed ; it ought to have failed ; it was a party government and a party god. There is another — extermination. That will not do : the exter- mination of three millions of men would be no easy task in execution, no very charitable measure in conception ; the justices of 1641 had dreamed of it, Cromwell had attempted, Harrington had talked of it. I hold the extermination of the people, and even of their hierarchy, to be such an experiment as will not be proposed by any gentleman who is perfectly in his senses. Extermination, then, will not do; what is left ? the partial adoption of the Catholics has failed ; the eradication of the Catholics cannot be attempted ; the absolute incorporation remains alone ; there is no other ; or did you think it necessary to unite with the Irish Parliament, and do you hesitate to identify with the people ? see whether you can conduct your empire on any other principle. The better to illustrate this, and in order to ascertain the principles of your empire, survey its comprehension. Computing your West Indies and your eastern dominions, England has now, with all deference to her moderation, a very great pro- portion of the globe. On what principles will she govern that portion? On the principles on which Providence governs the remainder, when you make your dominions commensurate with a great portion of her works, you should make your laws analogous to her dispensations ; and as there is no such thing as an exclusive Providence, so neither, considering the extent of your empire, should there be such a thing as an exclusive empire, but such a one as accommodates to peculiar habits, religious prejudices, prepossessions, and so forth. You do not, in your dispatches to your generals, gend the Thirty-nine Articles ; you know the bigot and conqueror are incompatible: Lewis XIV. found it so. You know that no nation is long indulged in the exercise of the two qualities, bigotry to proscribe at home, ambition to disturb abroad : such was your opinion when you established Popery in Canada ; I do not speak of Corsica : such your opinion when you recruited for the foot in Ireland. It was in the American war this practice began ; then you found that the principle of exclusive empire would not answer, and that her test was not, who should say her prayers, but w1k> should light her battles. On the same principle the Irish militia, which must be in a great proportion Catholic, stand ; and on the same principle the Irish yeomanry, who must be in a far more con- siderable proportion Catholic, stand ; and on 'the same principle you CATHOLIC QUESTION. 303 have recruited for the navy in Ireland, and have committed your gea thunder-bolt to Catholic hands. Suppose in Egypt the general had ordered the Catholics to go out of the ranks, or if, in one of your sea-fights, the admiral had ordered all the Catholics on shore, what had been the consequence ? It is an argument against the prescrip- tive system, that if adopted practically in navy or army, the navy and army and empire would evaporate ; and shall we now proclaim these men, or hold such language as the member ; language, which if he held on the day of battle, he must be shot; language for which, if a Catholic, he must be hanged ; such as you despised in the case of Corsica and of Canada, and in the choice of your allies, and in the recruiting of your army and your navy whenever your convenience, your ambition, or your interest required. Or let us turn from the magnitude of your empire to the magni- tude of its danger, and you will observe, that whereas Europe was heretofore divided into many small nations of various religion?, making part of their civil policy, and with alliances, influenced in some degree and directed by those religious distinctions, where civil and religious freedom were supposed to be drawn up on one side, end on the other Popery and arbitrary power; so now the globe has been divided anew — England and France. You have taken a first situation among mankind, you are of course precluded from a second, Austria may have a second situation, Prussia may have a second, but England seems to have linked her post and being to her glory, and when she ceases to be the first, she is nothing. According to this supposition, and it is a supposition which I do not frame, but find in your country, the day may not be very remote, when you will have to fight for being, and for what you value more than being, the ancient renown of your island: you have said it yourselves, and you have added, that Ireland is your vulnerable part : why vulner- able? — Vulnerable, because you have misgoverned her. It may then happen that on Irish ground, and by an Irish hand, the destinies of that ancient monarchy, called Britain, may be decided. Accord- ingly you have voted your army, but you have forgot to vote your people ; you must vote their passions likewise. Horror at the French proceedings will do much, but it is miserable to rely on the crimes of your enemies always, on your own wisdom never ; besides, those horrors did not prevent Prussia from leaving your alliance, nor Austria from making peace, nor the United Irishmen from making war. Loyalty will do much; but you require more — patience under taxes and loaus, such as are increased far beyond what we have been accustomed to, from one million and a half to nine millions ; 304 CATHOLIC QUESTION. nor patience only, but ardour. The strong qualities, not such as the scolding dialect of certain gentlemen would excite ; a fire, that in the case of an invasion will not sit as a spy on the doubt of the day and calculate, but though the first battle should be unsuccessful, would, with a desperate fidelity, come on and embody with the destinies of England. It is a wretched thing to ask how would they act in such a case. What ! after a connexion of six hundred years, to thank your admiral for your safety, or the wind, or anything but your own wisdom ; and, therefore, the question is not whether the Catholics shall get so many seats, but whether you shall get so many millions ; in such a case you will have all people. What is it that constitutes the strength and health of England but this sort of vitality, that her privileges, like her money, circulate everywhere, and centre nowhere ; this it was which equality should have given, but did not give France ; this it was which the plain sense of your ancestors, without equality, did give the English; a something, which limited her kings, drove her enemies, and made a handful of men fill the world with their name. Will you, in your union with Ireland, withhold the regimen which has made you strong, and con- tinue the regimen which has made her feeble? You will further recollect, that you have invited her to your patrimony, and hitherto you have given her taxes, and an additional debt ; I believe it is an addition of twenty-six millions : the other part of your patrimony, I should be glad to see it. Talk plainly and honestly to the Irish : " It is true your taxes are increased and your debts multiplied ; but here are our privileges, great burthens and great privileges ; this is the patrimony of England, and with this does she assess, recruit, inspire, consolidate". But the Protestant ascendency, it is said, alone can keep the country ; namely, the gentry, clergy, and nobility against the French, and without the people : it may be so ; but in 1641, above ten thousand troops were sent from England to assist that party ; in 1689, twenty-three regiments were raised in England to assist that party ; in 1798, the English militia were sent over to assist that party : what can be done by spirit will be done by them ; but would the city of London, on such assurances, risk a guinea ? The Parliament of Ireland did risk everything, and are now nothing, and in their extinction left this instruction — not to their posterity, for they have none, but to you, who come in the place of their posterity — not to depend on a sect of religion, nor trust the final issue of your fortunes to anything less than the whole of your people. The Parliament of Ireland — of that assembly I have a parental recollection. I sate by her cradle* I followed her hearse. In four- CATHOLIC QUESTION. 305 teen years she acquired for Ireland what yon did not acquire for England in a century — freedom of trade, independency of the legis- lature, independency of the judges, restoration of the final judicature, repeal of a perpetual mutiny bill, habeas corpus act, nullum temp us act — a great work ! You will exceed it, and I shall rejoice. I call my countrymen to witness, if in that business I compromised the claims of my country, or temporised with the power of England but there was one thing which baffled the effort of the patriot and defeated the wisdom of the senate ; it was the folly of the theologian. When the Parliament of Ireland rejected the Catholic petition, and assented to the calumnies then uttered against the Catholic body, on that day she voted the Union : if you should adopt a similar conduct, on that day you will vote the separation : many good and pious reasons you may give ; many good and pious reasons she gave, and she lies there with her many good and her pious reasons. That the Parliament of Ireland should have entertained prejudices, I am not astonished ; but that you, that you who have, as individuals and as conquerors, visited a great part of the globe, and have seen men in all their modifications, and Providence in all her ways ; that you, now at this time of day, should throw up dikes against the Pope, and barriers against the Catholic, instead of uniting with that Catholic to throw up barriers against the French, this surprises ; and, in addition to this, that you should have set up the Pope in Italy to tremble at him in Ireland ; and further, that you should have professed to have placed yourself at the head of a Christian, not a Protestant league, to defend the civil and religious liberty of Europe, and should deprive of their civil liberty one-fifth of your- selves, on account of their religion — this surprises rne ; and also that you should prefer to buy allies by subsidies, rather than fellow-subjects by privileges ; and that you should now stand, drawn out, as it were, in battalion, 16,000,000 against 36,000,000, and should at the same time paralyze a fifth of your own numbers, by excluding them from some of the principal benefits of your constitution, at the very time you say all your numbers are inadequate unless inspired by those very privileges. As I recommend you to give the privileges, so I should recom- mend the Catholics to wait cheerfully and dutifully. The temper with which they bear the privation of power and privilege is evidence of their qualification : they will recollect the strength of their case, which sets them above impatience ; they will recollect the growth of their case from the time it was first agitated to the present moment, and in that growth perceive the perishable nature of the objections, 306 CATHO LIC QUESTION. and the immortal quality of the principle they contend for. They will further recollect what they have gotten already, rights of re- ligion, rights of property, and above all, the elective franchise, which is in itself the seminal principle of everything else : with a vessel so laden, they will be too wise to leave the harbour, and trust the fal- lacy of any wind : nothing can prevent the ultimate success of the Catholics but intemperance. For this they will be too wise ; the charges uttered against them they will answer by their allegiance : so should I speak to the Catholics. To the Protestant I would say: You have gotten the land and powers of the country, and it now re- mains to make those acquisitions eternal. Do not you see, accord- ing to the present state and temper of England and France, that your country must ultimately be the seat of war P Do not you see, that your children must stand in front of the battle, with uncertainty and treachery in the rear of it ? If, then, by ten or twelve seats hi parliament given to Catholics, you could prevent such a day, would not the compromise be everything ? What is your wretched mono- poly, the shadow of your present, the memory of your past power, compared to the safety of your families, the security of your estates, and the solid peace and repose of your island ? Besides, you have an account to settle with the empire : might not the empire accost you thus ? " For one hundred years you have been in possession of the countiy, and very loyally have you taken to yourselves the power and profit thereof. I am now to receive at your hands the fruits of all this, and the unanimous support of your people : where is it now, when I am beset with enemies and in my day of trial ?" Let the Protestant ascendency answer that question, for I cannot. Above twenty millions have been wasted on their shocking contest, and a great proportion of troops of the line locked up in the island, that they may enjoy the ascendency of the country, and the empire not receive the strength of it. Such a system cannot last : their destinies must be changed and exalted ; the Catholic no longer their inferior, nor they inferior to every one save only the Catholic ; both must be free, and both must fight, — but it is the enemy, and not one another : thus the sects of religion renouncing, the one all foreign connexion, and the other all domestic proscription, shall form a strong country; and thus the two islands, renouncing all national prejudices, shall form a strong empire — a phalanx in the west, to check, perhaps ultimately to confound, the ambition of the enemy. I know the ground on which I stand and the truths which I utter, and I appeal to the objects you urge against me, which I constitute my judges, to the spirit of your own religion, and to the genius t>f CATHOLIC QUESTION. 307 your own revolution ; and I consent to have the principle which I maintain tried by any test, and equally sound, I contend, it will be found, whether yon apply it to constitution where it is freedom, or to empire where it is strength, or to religion where it is light. Turn to the opposite principle, proscription and discord : it ha3 made in Ireland not only war, but even peace calamitous : witness the one that followed the victories of King William — to the Catho- lics a sad servitude, to the Protestants a drunken triumph, and to both a peace without trade and without constitution. Yon have seen in 1798 rebellion break out again, the enemy masking her ex- peditious in consequence of the state of Ireland, twenty millions lost, one farthing of which did not tell in empire, and blood bar- barously, boyishly, and most ingloriously expended. These things are in your recollection : one of the causes of these things, whether efficient, or instrumental, or aggravating, the prescriptive system I mean, you may now remove ; it is a great work ! — or has ambition not enlarged your mind, or only enlarged the sphere of its action ? What the best men in Ireland wished to do, but could not do, the patriot courtier, and the patriot oppositionist, you may accomplish. What Mr. Gardiner, Mr. Langrishe, men who had no views of popu- larity or interest, or any but the public good ; what Mr. Daly, Mr. Burgh, men whom I shall not pronounce to be dead, if their genius live in this measure ; what Mr. Forbes, every man that loved Ire- land ; what Lord Pery, the wisest man Ireland ever produced ; what Mf. Hutchinson, an able, accomplished, and enlightened servant of the Crown ; what Lord Charlemont, superior to his early pre- judices, bending under years and experience and public affection ; what that dying nobleman ; what our Burke ; what the most pro- found divine, Dr. Xewcome, for instance, our late Primate (his mitre stood in the front of that measure) ; what these men sup- ported, and against whom ? Against men who had no opinion at that time, or at any time, on the subject, except that which the minister ordered, or men whose opinions were so extravagant that even bigotiy must blush for them : and yet those men above mentioned had not before them considerations which should make you wise — that the Pope has evaporated, and that France has covered the best part of Europe. That terrible sight is now before you ; it is a gulf that has swallowed up a great portion of your treasure, it yawns for your being. Were it not wise, therefore, to come to a good under- standing with the Lish now ? It will be miserable if anything unto- ward should happen hereafter, to say we did not foresee this danger. Against other dangers, against the Pope, we were impregnable ; but 808 CATHOLIC QUESTION, if, instead of guarding against dangers which are not, we wonld pro- vide against dangers which are, the remedy is in your hands — the franchises of the constitution. Your ancestors were nursed in that cradle, the ancestors of the petitioners were less fortunate, the pos- terity of both born to new and strange dangers ; let them agree to renounce jealousies and proscriptions, in order to oppose what, with- out that agreement, will overpower both. Half Europe is in bat- talion against us, and we are damning one another on account of mysteries, when we should form against the enemy, and march. May 25, 1808. The petition which the House has just heard read, contains the sentiments of the Catholics of Ireland : not only that petition, but the other petitions presented this day speak the sense of that body. I may therefore fairly assume that they speak the sentiments of four- fifths of the Irish population. The petitions come from a considera- ble portion of your electors, having political power, forming a part of the United Kingdom, and applying to the constitutional organ for a legitimate object. In discussing the merits of the petitioners' claims, I should recommend to gentlemen to avoid any intemperate language, and to adopt a spirit of concord, that nothing may pass in debate which shall sharpen the public mind. Whatever decision the House may come to upon the motion which I shall have the honour to pro- pose, I should hope that the temper with which it will be met, and the manner in which it will be argued, will rather approximate, than remove to a farther distance, the great objects of justice and policy. With such hope, therefore, I wish gentlemen to apply the balm of oblivion, and not revive topics, which can only serve to irri- tate and inflame ; that they will not go back to the battle of the Boyne, nor to the scenes of 1641, nor to any of those afflicting periods, in which both parties contended against each other. If you go back, so will the Catholics ; if you make out a law against them, they will make out a case against you ; we shall have historian against historian ! man of blood against man of blood ! the parties will remain unreconciled and irreconcileable, each the victim of their own prejudices ; and the result will convince you that the victory remains only for the enemies of both. In the course of so many years of contest and prejudice, evils must have been engendered, national calamities must have multi- plied, and much violence must have passed. In the tempests to which Ireland was reduced by the two contending parties, the one CATHOLIC QUESTION. 309 fired bv bigotry and intoxicated with victory, the other overpowered by misfortunes and wrung by oppression, I say it is impossible but that great political evils must have arisen. However we may la- ment those times, we must all agree that in settling their acconnts, there is much to admire in both parties ; but there is something to forget: events have happened since those periods, which make it neces- sary to do away those religious distinctions. When gentlemen call to mind the war, and the consequent dangers which menace our empire, they must be convinced that unanimity is necessary for our existence. A cordiality in cooperation is what I strenuously recommend ; and I most sincerely hope that the good sense of both nations will supply the want of national concord. We are now arrived at the period when the cessation of all party rancour and religious ani- mosity is not only desirable, but indispensable : it is a sentiment which not only the Irish Catholic and the Irish Protestant should feel, but which should be the guide of both nations in their inter- course with each other. With great concern, therefore, I saw scribbled on the walls of this country, these idle words "No Popery". What could be the object or the hope of those who encouraged so wicked and abominable a cry, I cannot pretend to divine. It could not be for the purpose of promoting unanimity or of adding to the national strength: on the contrary, it had this effect, that it held up to the people of Ireland, and to the world, this country as a people devoted to civil commo- tion, as a nation of fanatics, incompetent to any purpose but fana- ticism, and incapable of acting with energy against the enemy of the British empire. The counter-petitions which were presented upon a former occasion were the sentiments of well-meaning men, who, when they fled from the shadow of the Pope, were precipitated into that gulf into which so many nations had fallen and continue to fall. It gives me great pleasure to see that the sense of public danger has recalled men's minds from those narrow principles, which a ridiculous fear of Popery had so long encouraged : those fears are now removed, and therefore it is that you do not find upon the table of this House any petition against the Roman Catholics (save one presented this day). Such symptoms augur well for the security of the empire, and I congratulate the public upon it ; it is an example of liberality worthy of the wisdom of a great nation, of that wisdom which prompted you to form an alliance with Austria. You restored the Pope; you took Catholics into your pay; you afforded protection to the family of Portugal; you lent aid and assistance to transplant that family to South America ; you planted 310 CATHOLIC QUESTION. Popery there. In so doing, you acted wisely. You have shown the innocence of the Catholic religion ; that there is nothing in it dangerous to the state ; and you have thereby falsified all those idle notions of the vices which some persons attributed to that mode of faith. I then ask of you this night, on behalf of your fellow- subjects, that, in the same spirit of wisdom and liberality, you would extend to one-fifth of your countrymen those beneficial principles which you so wisely and liberally extended to your foreign con- nexions. It now remains for you to exert that wisdom on behalf of your countrymen; to show them that you are not less anxious for them, than you were for your foreign allies ; to convince them that an alliance (a natural one !) with them, is not only your anxious wish, but that it is also your indispensable interest. It is on these grounds that I shall move for the House to go into a committee on the petition. It prays that the Roman Catholics may have admis- sibility into the state and legislature in common with the rest of their fellow-subjects. The law has already admitted them to poli- tical power, has given them the right of suffrage, and has made them a part of the constituency of the House of Commons, and has rendered them capable of all offices, civil and military, save only certain exceptions, or enumerated offices, amounting to fifty, and seats in either House of Parliament; against these exceptions they pray, and in support of those exceptions it is argued as follows : — That those who profess the Roman Catholic faith cannot be bound by the obligation of an oath ; that they are ready, if required, to depose their princes, and do not, with regard to those of another religion, hold themselves bound by the obligation of faith or pact ; that is to say, that those persons so admitted by the law into the constitution, forming a part of your army and navy, are destitute of the principles which hold together the social order, and which form the foundation of government, and that they are thus depraved by their religion. Now, as it is the religion of the greater part of the Christian world, it would follow that Christianity was a special interference for a few nations only, but, in general, that it had destroyed the morals of Christians. It follows, that the argument must be false, or that the Christian religion is not divine; and thence it follows, that the objection is reduced to a theological impossibility. To throw a light on this subject, the charges above mentioned have been reduced to three propositions, and put to the six faculties in Europe, the best authority on this subject — Paris, Louvaine, Alcala, Douay, Valladolid, and Salamanca. To those queries they answer, first, that the Pope has no temporal power in this country whatso- CATHOLIC QUESTION 311 ever ; second, that he cannot absolve from the oath of allegiance ; third, that the doctrine that no faith should be kept with heretics is no part of the Catholic religion. They answer the questions with great promptitude aud much moral indignation at the monstrous surmises contained in such questions; and they argue the points with much erudition, and they show that such doctrine did not belong to their religion, and that the council of Constance did not warrant the doctrine of breach of faith with heretics, and that what- ever popes might have practised, or some authors taught, yet such practices and doctrines were not warranted by the Catholic faith, bat were condemned and reprobated. This authority goes to estab- lish the present tenets of the Catholic body; and, in addition to this authority, I beg leave to mention the acts of the 13th and 14th of the King, the declaration of 1793, in which they disclaim, among other things, the position that princes excommunicated by the Pope can be deposed ; and also the other charge, that no faith is to be kept with heretics ; and they further renounce all claims to forfeited property. And in addition to this, I am to add another declaration contained in the oath of the 33d of this reign, in which, among other things, they abjure the infallibility of the Pope, and swear to preserve the present act of settlement, and uphold the present state of pro- perty in Ireland, and are sworn to such an exercise of power as shall not weaken the Protestant church or Protestant state. This oath was proposed by the Protestants, made part of an act of parlia- ment, and thus, by the Protestants themselves, made the test of their principles. To this I beg to add their catechism. I submit, that these instruments are good authority to ascertain, on the disputed points, the tenets of the Catholics in general, and of the Irish Catholics in particular. Thus it follows, that there is no moral incompatibility; but it is further objected,, that there is a political incompatibility, because the Popish religion, the doctrine of transubstantiation, the practice of the mass, and the deification of the Virgin Mary, are irreeoncileable to any attachment to a Pro- testant prince, and are essentially connected with foreign power ; that is to say, that they are irreeoncileable to the principles of alle- giance. As to the first position, I see nothing less than a miracle can establish it ; and if men believe in this their own cry, I do not see why they should cavil at the eucharist. As to the second, the objects of foreign attachment have ceased; the things do not exist with which they were connected ; the combinations are no more. It is not as in the time of Elizabeth, or in that of the Pretender ; 312 CATHOLIC QUESTION. the Pope is a power no longer ; the nations of the continent receive into their service all religions : so it is in Germany, so in France, so in Hungary, such is the case in America. It was said, on a formei Catholic petition, that the nations on the continent excluded them. But the fact 'is otherwise; the continent has, for the most part, undergone a silent reformation; you are almost the only nation that excludes them. There has taken place that political conformity of which Mr. Paley speaks, when he says, that if Popery, for instance, and Protestantism, were permitted quietly to dwell together, Papists might not become Protestants, for the name is the last thing they would change; but they would become more enlightened and informed ; they would, by little, incorporate into their creed many of the tenets of Protestantism, as well as imbibe a portion of its spirit and moderation: that is the case of the continent of Europe. Nor should it be said that this may be the case in despotic countries, where the prince may dismiss his servants, for in this country he can do the same ; nor let it be said, that in a despotic country perfect toleration is admissible, but in a free country it is otherwise ; nor let it be suggested, that the freedom of the country is an enemy to the claims of the Catholics, and if they should assist to make the king absolute, they may enjoy equality. Further, you will observe how little religion is a part of political combination, when you recollect the case of America, how the Protestants and Catholics of America united against you and with France: how fatally wrong you argued, and how idly men speculated at that time upon their incompatibility. Turn to the present state of Europe, and see the Protestant and Catholic completely united ; and united against whom ? Against you. Sweden excepted, you have not one Protestant ally now on the face of the globe. The only part of America that did not fly off from England, is Catholic Canada ; of the only European allies that now remain, one is Catholic ; the rest are a formidable com- bination against you ; an anti-English confederacy, composed of all religions, and using the talents of all the members of the different churches against you, without any incapacity imposed on their mis- chievous direction. If, then, your religion does not secure to you one ally abroad, and if, on the other hand, you suffer it to exclude the full assistance of your fellow-subjects at home, you do not give your country a fair chance for her safety. It follows, that there is no political incom- patibility between the two religions, but a political necessity imposed on you to form a political junction for the common defence, notwith- standing the difference. It has been allowed by those who have CATHOLIC QUESTION. 313 ) argued against the Catholics, with an appearance of candour, that the test proposed is no more than the declaration of a political opinion ; that the religious doctrines contained in it are evidences of political attachment. When that political connexion ceases, this test should cease with it ; every subject has a right to equal laws ; as a general proposition that cannot be denied ; he may forfeit that right most certainly ; but he does not forfeit that right by religious opinions, except those opinions are connected with a foreign attatchment. The state has no right to make a religious test part of a civil qualification, because the state has not an arbitrary power of imposing a test ; the test must relate to the function ; the state has no right, therefore, to put a mathematical test or proposition to a candidate for a seat or office. In such a case, the state would make an arbitrary ana capricious use of her authority. The state, therefore, has no right to make a religious test part of a civil qualification. In the present case the qualification is professed to be political, and the abjured doctrines are held the evidences of certain political attachments, but there must be good reason to suppose the connection between the religious opinion and the attachment, to warrant the continuation of the test. It is not a slight surmise that will be that warrant ; otherwise the state becomes arbitrary and tyrannical. Now, in the present case, there does not exist that reason for supposing the political attach- ment, because the object of it has ceased to exist ; the test then becomes merely a religious test for a civil condition, which the state cannot devise without exercising an arbitrary power. Nor is it an answer to this, that the Pope is a foreign attachment, for he is no political power ; he is the mere interpreter of disputed points of Scripture : he is abjured in all temporal points, therefore in all mixed points : he is particularly abjured on the subject of the oath of allegiance. The objections attempted to be made, namely, that marriage, the inheritance, and half the temporal power belong to the Pope, is monstrous and frivolous, inasmuch as marriage is a civil contract, governed by our laws, and the inheritance arising from it governed by the laws of the land. That it is so is proved by the acts passed upon the subject. That they have lost that inheritance, and acqui- esced in the laws is clear by the 9th W., 2 Anne, 19 and 23 Geo. II., by which marriage and inheritance are set aside, and the next of kin is only tenant for life. The next point to be considered is with respect to excommunication : they say, that excommunication is a spiritual obligation ; and further they say, that excommunication has not been urged with reference to any legal or temporal conse- CATHOLIC QUESTION. quences, but that Catholics have enjoyed all the privileges of life, and in these eases are denied nothing but the sacrament. In some letters which I have seen, annexed to a very able production, in the shape of a pamphlet, the work of a learned gentleman of this House, to whose labours and information his country and ours are equally indebted — to the charges that the Catholics claim a light to tithes, that they deny the right of the Protestant clergy to tithes, that they claim legal existence for a Catholic establishment, and that they exercise the right of excommunication in all temporal cases, the most positive and unequivocal denial is given. They deny that they have ever resisted the right of the established church to tithes, or that they have claimed an exclusive establishment for the Catholic church : they do not deny that taxation to the Protestant clergy is founded in justice ; and, for the truth of these denials, they appeal to their fellow-subjects in the most solemn manner, and profess their readiness to swear to the facts. As to excommunication, that, they say, is confined entirely to the bishops, and they declare they have not claimed nor exercised any of those powers imputed to them by their adversaries. In one of their principal diocesses,that of Dublin, I have the authority of Dr. Troy, the titular archbishop, to say, that in the course of nineteen years, the time in which he has filled that see, only two instances of excommunica- tion have occurred ; and that, during the time of his predecessor, Dr. Carpenter (seventeen years), only the same number took place. I appeal to the good sense and judgment of the House, then, whethe? the power of the Pope, in regard to excommunication, can be looked on as dangerous with regard to appointment of bishops. The Pope merely institutes, but the bishops nominate. But, if that objection be a ground of alarm, it is a decisive reason for going into a commit- tee, in order to come to a settlement on that part of the subject ; and here I have a proposition to make, a proposition which the Catholics have authorised me to make — it is this : That in the future nomination of bishops, His Majesty may interfere and exercise his royal privilege, and that no Catholic bishop be appointed with- out the entire approbation of His Majesty. In France the king used to name ; in Canada the king names ; it is by no means incompati- ble with the Catholic religion that our king should name ; and I do not see any great difficulty on this head. Thus the objectors cannot refuse to go into the committee with consistency. They say they have no repugnance to the civil capacities of the Catholics, but they object to the nomination of their bishops by a foreign power. Here, then, they may get their wishes on both subjects ; if the danger CATHOLIC QUESTION. 315 will exist nnder the further admission of the Catholics, it exists now; if Buonaparte has that ascendency over the Pope, if the Pope has that ascendency over the bishops, and they — that is, the clergy — over the people, it follows, that the Catholics in the army and navy, and the Catholic freeholders, are affected by a foreign power : so that a very great danger now exists, and a further measure is necessary. Here is that measure. So that they who oppose it, oppose their safety and prefer their danger. They choose three things — the power of the Pope, the exclusion of the Catholics, and the danger of the state. That the king shall not be substantially the head of the Catholic church, and that the Catholics shall be excluded from the constitution, they in fact object to the doing away of Popery ; they had before omitted to come to a settlement in 1799, and they are answerable for the consequences. The general objections being removed, it remains to consider the particular. The first is, the constitution of thi3 country as settled at the Revolution. Here we called for a fundamental law that renders the exclusion necessary. The law enacting the oath of qualification is not one ; it is the reverse. The fact was, in the Revolution, Ireland was forgotten ; the state of the country made the application difficult ; it remained for the next century to extend that blessing. They must resort elsewhere. They find one in the act of settle- ment ! I deny it. 64 The provision — the entail of the Crown — of such and such persons being Protest ants". They infer, that this principle should be construed to extend to the king's counsellors and the legislature. I deny the inference. " The provision names the king ; therefore it means the parliament and the king's counsellors". No ; it is satisfied with one of the estates, and seems to judge, that having secured that advantage to the Protestant, it might trust the estate so secured, with the full prerogative of choosing from among all the subjects. So, if great talents, industry, and virtue should appear among the Catholic body, the country might have the advan- tage of their services. The principle of the clause and of the infe- rence are different ; the one is preference, the other exclusion. Now, it does not follow because the Protestant should have, exclusively, one of the estates, that the Catholic should have no share in the rest. It is one thing to exclude the Catholics from the Crown, and another to exclude part of the Commons from the constitution. The idea of the provision is, that the king should be of the religion of his people ; but, in its perverted application, it is, that the people should be of the religion of the king, or be disqualified. 316 CATHOLIC QUESTION. The inference we hold to be a bad one ; but we still object to the idea of making this bad inference a law, a penal law, and a funda- mental law. This we iiold to be no law, but the violation of a fundamental principle ; and we oppose to this a fundamental princi- ple on behalf of Catholics, namely, a right the Commons have to form a part of the legislature, and which the Catholics have of course, we say, being a part of the Commons, and being subject to no excep- tion on account of political delinquency or foreign attachment. If, therefore, you look to the general principles of the constitution, you mast agree with me ; or if you take the spirit of the particular trans- action (for what was the spirit but the security of civil and religious liberty ?), you must either extend the principles of the constitution, or abandon them altogether. You must reject a great portion of the Commons, or admit the Catholics. On the other alternative, you must, by the Union, have extended your empire over those, a great portion of whom have no adequate interest in your constitution. You told us the Union would conso- lidate the resources and the interests of both islands. I now call upon you to consolidate the strength and energies of both nations by fulfilling the contract. Unless you carry into effect that measure, then do I contend that it was an act of ambition quoad the Parlia- ment of Ireland, and an act of bigotry quoad the people. It is said : " We will guard the church and guard + he state ". Long, I hope, may you guard the church and the state. But you cannot guard the church and the state, nor the land you live in, without the assistance of all your fellow-subjects ; and, as you are to defend the act of settlement by Catholics, the best way to secure that defence is to give them the benefit of it. Here, however, they oppose a species of political baptism imagined by themselves, and say, theirs is a Protestant constitution. They tell you that the consti- tution is formed on Protestant principles ; but the constitution was formed by your Catholic ancestors. Magna Charta, the laws of the Edwards, are the work of Catholics. The petition of right and the declaration of right, events which took place when the Catholics sat in parliament, are declaratory of that constitution. The claim does not go to establish a Catholic cabinet or a Catholic parliament, nor to transfer the state, but it does go to estab- lish a certain proportion, and a very small proportion, in a very considerable part of the king's subjects, of the privileges of the con- fctitution and powers of state; and in so doing, they are much more constitutional, and by far more reasonable, than those who desire that the whole should be confined to a religious and victorious sect, CATHOLIC QUESTION. 317 to the exclusion of one -fifth of the people, and in justification of which it is added, that the persons so excluded are not good subjects, because they do not acknowledge the king to be the head of their church. Failing in that argument, which would exclude the Presby- terians equally, they say it would be a strange anomaly, a Protestant king with a Catholic counsellor. What a strange anomaly, for in- stance, an assembly where all were not of the same religion ! ^Vhat an injury to Henry the Fourth, to have had in his cabinet Sully ; or Louis the Fourteenth to have had in his councils Turennc and yet both these great ministers were of a religion different from the es- tablished religion of the country. If, then, your enemies have the range of all the abilities of their subjects in a much greater extent of country and men, do you think it a strange anomaly that you should not conscientiously put yourselves under the disadvantage of reject- ing all counsellors, however able, except those of his Majesty's re- ligion! It is said that their claims go to establish a Catholic cabinet, and a Catholic parliament, and a transfer of the power of the state : they misstate their claims, as they misstated the constitution. They say the church is in danger, inasmuch as that if the Ca- tholics were admitted into the state, they would overturn the church ; and on that surmise it is urged, you should continue their civil dis- abilities. They make a general attack upon the character of the Catholics, and say they are as bigoted as ever, and that they acknow- ledge the Pope, in spirituals entirely, in temporals in part. Having voted that these very Catholics should be a constituent part of the Commons, thus are they answered by their own votes, if any answer was necessary. Here again they recur to that error, which supposes that the Catholics, that the majority of Christians, are so restless and dangerous, that nothing can soften, no benefit can conciliate. Let them advance the instances. How is it in modern Europe ? I object to that idea of justice, which makes your own supposition a crime in a third person, and proceeds to inflict a penalty ; but I have a greater objection to the other argument, which supposes that if the Catholics got into parliament, they would use their power to stop the provisions of the Protestant clergy ; for by this the money they pay our church is made the foundation of their exclusion : this is to found the church on injustice. That the Catholics should con- tribute to our church, I acknowledge ; the church could not stand otherwise ; but that they should be excluded therefore, I deny. You pay us without compensation, and the return is to impose civil incapacity, lest you should question your own contribution. They get half a million to administer to about 800,000, and are paid this 318 CATHOLIC QUESTION. by the Catholics, and then exclude them. They see their God, not in His great work, the world, nor in His work the Bible ; they see Him as a special interference, coming only to themselves ; they see Him a narrow and a partial Deity ! It seems omnipotence wonld have fallen apart ; His work would fail, according to them, if they did not support His religion at the expense of their morals, and bolster up Almighty power, by accommodating the Deity with our ingratitude and injustice ! In their plan for the church, they forget the attribute of their Maker, and in their plan for the state, they forget a fifth of the people ; and on these two omissions they propose to establish the security of church and state. They do not see that both are to be supported, partly by their own excellence, and also by the interests and the passions of man (not by human depravity). What so strong an interest in the church, as that it is compatible with civil liberty ? On those rocks you may build your church and your state ; and on those immortal foundations they will brave every storm, and outlast the length of ages. There are only two imaginable ways by which the church can be destroyed, by law and by force ; by law, the Catholics cannot, unless they become the majority ; by force, they will not be more enabled by the admission, and will at the same time be freed from every motive of interest. But they argue otherwise, that they are now well disposed ; but if they get additional motives, then, provoked by additional benefit, stung by the removal of disabilities, they will then revolt. On this solid observation they found eternal incapacity, then they pronounce esto perpetua. This is not argument, but folly. The next objection is that which arises from the peculiar situation of Ireland, and this is founded on the supposed disposition of the people, and the state of her property. They tell you the Irish hate the English and the Protestants ; they said before, that if the Catholics be true to their religion, they cannot be attached to a Protestant king ; they tell us that they abhor you by nativity, and should rebel on principle. The Pope is a better interpreter ; the Catholic faculties, I am sure, are. They say this is a time of war ; invasion perhaps hanging over the island. They say this, and in saying this they tend to promote the curse which they lament, and to make the two nations mutually hate each other ; they scold both of them into hostility, and one out of allegiance ; they are refuted in this by analysing the objection, which cannot be founded in the soil, for otherwise the Irish Protestant would hate you; nor in the Catholic religion, for otherwise the English Catholic would hate you. CATHOLIC QUESTION. 319 It cannot arise from either, but, according to them, it does from both ; thus does the mind (the heated brain rather) generate monstrous imaginations. In religious matters, it seems, this is the privilege of the casuist ; here the mind is set adrift from this world, and assuming a familiarity with the other, brings back conclusions pernicious to both and belonging to neither. But from this argu- ment a conclusion may be drawn — not that the people of Ireland hate those of England, but that the penal code has created an animosity not entirely subsided. The code being the cause, the removal of that code is the removal of the cause. Do not think you reconcile it to your conscience, if you say, they are a perverse generation, their Maker is in fault, the government is excellent. Xo, not a fallible creator, but a very fallible system of legislature and adminis- tration ! . See whether that code was an adequate cause : it was detailed by the late Lord Avonmore. I heard him. His speech was the whole of the subject, and a concatenated and an inspired argument not to be resisted. It was the march of an elephant ; it was the wave of the Atlantic ; a column of water 3,000 miles deep. He began with the Catholic at his birth — he followed him to his grave : he showed that in every period he was harassed by the law: the law stood at his cradle — it stood at his bridal bed — and it stood at his coffin. The justice of his fellow-subjects repealed the greater part of that code : it remains for your justice to repeal the remainder ; and do not let us look for vain and irreinoveable causes, when the cause is obvious and correctable. The other argument peculiar to Ireland is the state of property ; that is founded on a fable, namely, that there is a map retained with the property of the old Catholic owners delineated ; and further, that there is a conditional limitation of the same in marriage settlements. This map, which is to be found in the auditor's office, was drawn up by Sir William Petty for the use of the then government ; a copy of which had been taken and brought to France ; a copy of that copy had been obtained by a person in the service of government, and is retained as matter of history : but the nature of that map was well explained in this House on the last debate on this question ; and the limitation in the marriage settlements was not proved, nor the name of any lawyer who drew such produced ; but, on the contrary, lawyers most employed in conveyancing had been asked positively, and no such limitation had been framed regarding the map. Further, the state of property in Ireland is a complete answer to the appre- hension ; the Catholic purchasers are numerous ; the ancient pro- prietors few. It has been said, that the Catholics have not in 320 CATHOLIC QUESTION. landed property above £50,000 a-year ; I will state that the rental of one noble earl alone is £30,000 a-year ; their proportion is from £500,000 to a million in fee simple ; add to this, that the tenantry of Ireland are Catholics in a great proportion, and hold under the title of Protestant landlords, so that the majority are interested in the defence of the present state of property. Again it is asked, how should they overset the present property of Ireland if admitted ? By force ? No. The law w T hich admits them into the constitution, does not increase their physical force. The proprietors of Ireland are not, however, at their ease on the subject of property ; but their apprehension arises from the continuation of civil disabilities, not the removal ; they fear the invasion of their country, and they fear 'the divisions of the people ; they fear the protection these laws afford ; they deprecate the terrible protection in the defence you offer them in civil incapacities and political monopoly. The counties of Clare and Gal way have had meetings convened by their sheriffs, at which they passed resolutions expressing their ardent wishes for an admission of their Catholic brethren to the benefits of the constitution. In the counties of Tipperary, Kilkenny, Eoscommon, Waterford, and Meath, and in the town of Newry, resolutions have been passed, not formally by the Protestant gentry and inhabitants, but by the great bulk of the landed proprietors, These recommendations were not owing to the influence of liberality and confidence merely, not to the absence of all suspicion of an intention to invade the landed property at a more convenient season, but to the stronger and more immediate feeling of the danger which a divided country would have to experience, in case of invasion, from an active and powerful enemy. They are the persons who are to share and lose their monopoly ; and to diminish their returns to parlia- ment and appointment to offices, they desire it. This is the way to repeal the act on its own principle, and to make it, not a triumph over a party, but a victory over prejudice. They propose to give up their monopoly, and in so doing, they are advancing their cause : they propose the best method to secure their country and to strengthen it ; they have canvassed for the British empire ; it remains for you to decide what answer will you give them. But it is said, that the privileges desired are of little moment, namely, a share in the state and the legislature ; and they are told this by those who make great sacrifices of industry and property to come into both. Xet me ask them, is an exclusion from the two houses of parliament nothing ? from the shrievalty nothing? from the privy council nothing? from the offices of state nothing ? from the bank nothing ? Is it nothing CATHOLIC QUESTION. 321 to be censured, schooled, and suspected ? When they hold this language, they depreciate the value of their own constitution ; they depreciate it in their own estimation, and are less freemen by urging the doctrine of inferiority and degradation ; thus men are punished by keeping part of their fellow -subjects out of the privileges of the constitution. So it was when you preached the doctrine of surrender to America; it lowered the public spirit, and deprived men of the high language by which they should animate their country. But look a little farther : what meant the petition of 1805? what the present petition ? These petitions, very numerously signed, say otherwise ; this testimony says otherwise, and shows how the Catholic feels the exclusion. Rely on it, you deceive yourself, if you think that any people will be satisfied with inferiority. But sup- posing this argument to have force, what is that force ? that you have in one-fifth of your population destroyed the spirit of liberty ; that your government conquered the spirit of your constitution. They add to this, some of them, that the people are too ignorant to exercise — what ? The upper orders of the Irish too ignorant to fulfil the duties of members of parliament, or of principals servants of the state ! But what is the force of this argument ? — that you have left them ignorant, and made them contemptible. It has been urged, that the oath of the king is incompatible with the removal of the disabilities complained of. Let us examine how far it is so. It is a fit subject of parliamentary inquiry to ascertain whether or n& the representation is just. We must not allow the enemies of the Catholics to abuse in the first place the religion of God, and in next place the piety of His Majesty, without contradic- tion or restraint. The kings of England swore to maintain the liberties of their people. They are therefore subordinate to the law; they cannot invade the liberties or religion of any man, without committing a breach of their oath. They are not sworn to maintain the penal laws, nor to restrict the legislature from making new provisions in favour of the church. If the king, according to the provisions made respecting the church, is sworn to maintain them entire and without change, why then, the church is placed beyond the power of human interference, and is also beyond the executive and legislative power. The penal laws are included in those provi- sions ; and what is the nature of them ? One of them goes to rob a Catholic of his horse ; another prevents him from educating his sons at home, and from sending them abroad for education ; another goes to deprive a Catholic father of his property. If the repeal of laws of this kind be a breach of the coronation oath, why, then every 322 CATHOLIC QUESTION. sovereign, since the time of Henry the Eighth is perjured. William the Third, when he signed the articles of Limerick, was perjured ; and Queen Anne, when she passed the act of Union, was perjured* George the First and George the Second were perjured. Our present gracious sovereign, when he passed the Quebec act, was persuaded to depart from his coronation oath: so, in 1782, when the act of Catholic inheritance was passed ; again, in 1793, when the Catholics were allowed the exercise of their elective franchises. In short, the coronation oath from which so many departures have occurred, is nothing more than the oath of succession. This oath cannot be interpreted in a manner laid down by the enemies of the Catholics, without making the rights of the church the wrongs of the people, by incapacitating one-fifth of His Majesty's subjects from contribu- ting their best services for the benefit of the state. The church is, in consequence, made a confederacy against the state, and the king a party to it. There may be cases in which the coronation oath might interfere with the penal statutes, but then it would be to repeal them. The king is sworn to protect the Protestant religion as by law established. But I will suppose a case in which it may be necessary to enlist Catholics for the army in order to the better defence of the empire : will it be said that the royal oath is to stand in the way at the time when the concurrence of His Majesty, in requiring the assistance of all his subjects to support the Protestant establishment against all enemies, is so imperiously necessary ? I should hardly think such a position would be advanced. I have now shown that there is in the two religions no moral incom- patibility ; that there is no political incompatibility ; that, in the Revolution and in the act of settlement there is no objection, but every reason in favour of the Catholics ; for the civil capacities, whether you look to the original constitution, or to the constitution as declared and improved by the Revolution, or to the duration of the constitution, and its danger from foreign and domestic enemies. The resolutions show you the sentiments of a great portion of the Protestants. There is no reason against, but the most imperious and solid conclusions in favour of the petition ; the arguments against i t would depreciate the value of the constitution, and of course go against the spirit by which it is to be defended ; the other arguments, which would defend the pay of the church by excluding the Catholics, go against the principles of justice and retribution, and are not the support of your church, but would be a blemish and a reflection on it ; and the cast and complexion of the objections is of a nature not only weak, but criminal and mischievous. CATHOLIC QUESTION. 323 Mr. Fox Drought on this question in 1805. I have followed that light on this subject : he was a great advocate, as he was also a great authority. In 1 788, 1 remember his opinion privately given : it was decidedly against the penal code. In that opinion he continued to the close of his life ; he recommended a total repeal of those laws, and when the Roman Catholic petitions presented by him to the legislature, he gave his last testimony against their cruelty, their impolicy, and their ingratitude. Ireland will ever retain a grateful sense of all the benefits she has received from that great man. She now feels the loss she has sustained, and weeps in sorrow over his tomb. In estimating his qualities, we dwell with delight on his integrity, his rectitude of mind, his commanding and convincing eloquence, his amiable disposition, his benevolent weakness, and the negligent grandeur of his capacity ; and yet he had not the melan- choly addition to the case, that Russia had become your enemy, that Prussia is beaten down, and that Austria has left you, and that our divisions must be lost in our danger. Against this danger see the security offered by some who are hostile to the claim of the Catho- lics ; an eternal exclusion from the state, an exclusion from the legislature of a fifth of the community that compose a part of the Commons and a part of your army. This is their plan of safety ! Is anything more frantic, more extravagant, more foolish than this? Yes ; their idea of the danger ! A few Catholics in parliament and a few Catholics in the higher departments of the state, these are to become the majority of the Irish representatives, and so on, the ascendent part of the English and Scotch representation, and finally that power which is to overturn the whole. These are the fears, and these the arguments of some wise men — of some good men — of some liberal men ; but wise, and good, and liberal men, educated in early prejudices : thus it happens, that on a religious subject, men shall not only have a degree of interest, but even shall assume a privilege to commit depredations, not seldom upon reason, and sometimes upon morals. To meet this danger, to give your country a better defence, I should suggest the more obvious means — that of national concord, as soon as possible. I would first recommend it to the legislature : if the legislature did not establish it in the laws, I recommend that the good sense of both countries should supply their defect ; above all, I should appeal to the gentlemen of Ireland to associate with the Catholics as much as possible. If they do not, if they form a distinct society, they rt'ill be a distinct people, and will reap the wages of pride and infirmity. When a country divides, and hates one portion of itself more than 324 CATHOLIC QUESTION. i hates the enemy, that country opens a passage to a foreign power, and betrays the infallible symptom of a falling nation, and its fate is then a judgment on its malignity and its folly. The landed interest will have the power of communicating through their tenantry the spirit of tolerance, and with it the spirit of con- cord and the spirit of defence ; for they must go together. Their example will do much : their presence will do more. They will recollect that the Catholic feels the personal at least as much as the political superiority ; the latter is at his door. He does not see the exclusion from parliament, but he does see and feel the assumed superiority of his neighbour (which arises not a little from that exclusion), the saucy little tyrant that wounds him by a galling dominion, his toasts and monopolising merriment hurting him in those very points in which he is most sensitive and irritable. I have applied to one description ; and here let me apply to that body of the community distinguished by the appellation of Orange- men. Many of them are heated by controversy, but many of them are misunderstood ; and many will soften and see the folly of the dispute, if the point was made rather a subject of discussion than a point of spirit. They will perceive the certainty, that though there may be an exclusive religion, there should be no affectation of an exclusive allegiance. In vain their loyalty, if they procure to the throne a host of enemies. No insinuation, as thus : If you believe your own religion, you cannot be good subjects, or you cannot be trusted, or we will not corps with you. No pointed paragraphs, no logical victories ! They will see the danger with which we are environed, and the punishment, and will despise the little puerile jealousy entertained against their fellow-subjects, which can only end in the victory of the French and the subjugation of the constitution. They should consider that Ireland should not be a party question ; that nations do not always act from their interest, but more generally from their feelings ; and that any measures that sharpen these are high crimes. They should consider themselves as trustees for its preservation, and not sectarists to quicken and disgrace the downfall of their country. Arid,, finally, I should appeal to the government, who may do some great good or great mischief. They may act decisively on the magistracy, so as to preclude partiality in the administration of justice, in the appointment of justices of the peace, in the regulation of the yeomanry, and in the disposal of favours and distinctions in the state. They may, and ought, and it is indispensable that they should, establish this principle in the administration of that country, CATHOLIC QUESTION. 325 that the Catholics should never feel the victory of a party ; this should be a fundamental maxim of the Irish government. Let there be no bigotry on one side, and there will be no French feeling on the Other. It is a necessary consequence, and the natural reaction of your own sentiment. Philanthropy generates on philanthropy, and confidence propagates on confidence. And do not believe those idle tales, for instance, that the Catholics in some part of Ireland will not suffer a Protestant to live among them ; or that Catholic servants will not suffer a Protestant in the same family ; or that, in Dublin, the poorer sort cannot get them- selves apprenticed as servants. To this I beg to advance an absolute denial. And I offer, if a committee should be appointed, to disprove it most fully and satisfactorily. The Catholics desire, that they may not be concluded against by a suggestion which would not be listened to, and they appeal to the conscious persuasion of their fellow-coun- trymen ; they appeal to Maida, and they appeal to Egypt, that witnessed their battles, which could never have been fought if such tales had been true. I do not agree with those who think the lower classes of the Irish savage or lazy. I see them labouring their mountains, cultivating their hills, and toiling in every part of Ireland. I do not agree with those who think the landlords are oppressive ; if that were so, the middlemen could not exist ; the middleman is a proof that the head landlord does not get the highest price for his land. These suggestions arise from the ignorance of the Irish, and tend to make the upper orders despise the lower, and to mislead and deceive both. But, in order to judge of the country, look at her work ; they have in twenty-five years added a third to their trade, worked out by the sweat of their brow, produced by the labour, virtue, and energy of the people ; they increased five-fold their revenue, and have added a third to their population ; they procured a free trade and a free constitution. These are the savage perfections of the people of Ireland. The Catholics had their share in procuring these blessings of freedom, and, to a certain degree, a share in the enjoyment of their benefits. I will not vulgarise their petition by the cant of exaggeration. The Catholic has the benefit of trial by jury ; he has admissibility to all offices, civil and military, that are not offices of state, and sheriffs ; he is a constituent part of the^Commons, and he can go to a couuty meeting, discuss public matters, instruct, arraign, and rebuke his representatives. What these are I cannot estimate ; but I say they are defending you against a foreign enemy. The Catholic would not surrender these to the king of England ; he will not surrender 15 326 CATHOLIC QUESTION. them to the powers of France. Further, in these things, and parti- cularly in the elective franchise, is the seminal principle of the remainder : that remainder, the object of his petition, will come — it will come in the natural progress of moral causes. I mentioned the progress for the last twenty-five years ; above a third to your trade, and near a third to your population : so that Ireland now stands by you a country with 5,000,000 of people, exporting near £9,000,000 of produce, taking from you near £7,000,000, supplying you with £700,000 worth of corn, and furnishing your navy and army with a great proportion of their strength. Why do I mention this ? that Ireland may see what a country she has to defend, and that you may see what a country you have to adopt ; and that both may see they have nothing but one another ; and that you may perceive the folly as well as wickedness of attempting to govern such a country by division, or corruption, or bigotry, or any system but that of equality. The more to illustrate the necessity of this, turn to the Continent, and you see all her ports and harbours hostile. Let me suppose there should hereafter issue from them different navies to invade these islands, would you then send dispatches to Ireland to guard the corporation against the Catholic, to preserve the parliament ? or would you not desire to embody, and incorporate, and inspire ? But tnen it might be too late. Now, therefore, when you are mistress of the measure, and have time to secure its effect, now will you not do away in act or in spirit these distinctions ? Will you not repeal those death-doing divisions ? Coalesce in the spirit of repeal and confidence, so that you may in fact, or by anticipation, prepare — for what ? for the final battle, which, sooner or later, must be fought, and which must determine the rivalship of 500 years. How would 3*>u answer to your ancestors, that you had lost the hereditary laurel gf your country, because you were afraid of the Pope, or of the influence of the eucharist, of the Council of Lateran, or the Council of Constance ? The Catholics do not approach this House with servile humility they come to support your empire ; they come, as freemen, to share your privileges ; and now, when Austria has turned against you, when Russia is no longer your friend, when Prussia has ceased to exist as a power, they come to partake in your danger, and to partake in your constitution. This is their -prayer. On these grounds I move their petition ; I move to refer it to a committee of the whole House ; I move it on the ground of national justice, and I accom- pany it with two wishes ; first, that you may long preserve your liberties ; next, that you may never survive them. CATHOLIC QUESTION. 327 May 31, 1811. Sir — In wishing that these votes of thanks should be read on this occasion, it was my object that the House should be in accurate possession of its own testimony to the conduct of that race of men, the justice of whose claims to equal rights and capacities we are proceeding to discuss. We are now going to consider whether it be just or expedient that the existing system of penal laws to which they are subject, should any longer continue. I call them penal ; for what else is the qualifying law ? A law inflicting penalties in the most objectionable form, that is, under the disguise of an oath ; a law which makes the forfeiture of conscience a recommendation to title and office ; a law that enacts religion to be a crime, and per- jury a qualification. This is an occasion in which we are assembled to try the bulk of the population of Ireland. We have to try them upon separate charges — upon charges against the religion they profess and the political principles upon which they have acted. The testi- mony against them, I am sorry to say, is that of their countrymen and also of their fellow-subjects. Now, although I will not affirm that it is impossible for the authors of those charges to enjoy a safe conscience, although I will not suspect or deny their morality, j%t their testimony, thus directed against their fellow-subjects, is to my mind a strong presumption of their prejudice against those whom they accuse. Let their evidence be ever so good or respectable, their zeal and alacrity to tender it are to me demonstrations of those prejudices. For what, in fact, does this evidence amount to ? It begins by testifying that an immense body of Christians, subjects of this empire, are worse than any class or nature of idolaters; that they are not trustworthy in civil life. But if this charge be true, then it can be no less true that the Messiah has failed, that the Christian religion is not of divine origin, since its effect and opera- tion has been to deprave and immoralize mankind. The charge is compounded of the dogmas of the church and the politics of the court ; the spirit of the former being uniformly the spirit of bigotry, that of the latter as uniformly power. Against this evidence we have long had the indisputable declarations and the explicit testi- mony of the six most eminent universities of Europe, disclaiming any doctrine incompatible with the strongest attachment to the civil government of every country. In addition to this, there is our expe- rience of the fact, as proved and established in the long intercourse that has subsisted between Protestant and Catholic, and the long 328 CATHOLIC QUESTION. obedience and submission shown by the Catholic to your government. But let us look at the charge in another point of view, and examine upon what ground it rests. It represents that you, having had possession of Ireland for six hundred years, have so abused the exercise of your authority, have so oppressed and misgoverned the people of that country, that they are unalterably hostile to your interests, and inflexibly rebellious to your control. It represents that you stand self-convicted of a perversion of your power, and practically disqualifies you to be governors, under whose sovereignty Ireland has passed so many centuries of her existence. But, sir, I believe no such thing; I believe the assumption to be groundless; that it is unjust thus to accuse England ; but such is the nature of the a accusation against the Catholics; it points less against them than against England and against British connexion. Depend upon it, that the original source of a people's vices is the vice of its government; and that, in every instance since the creation of the world, the people have been what their rulers made them. A good government makes a good people. Moralize your laws, and you cannot fail to moralize your subjects. Now, in order to disprove the justice of the charges brought against the general character of the Irish Catholics, I will first refer the House to the preamble of the statute of 1782 ; I will next beg their attention to the facts recorded in its late votes of thanks ; and, lastly, to the circumstances and history of the connexion between both countries. If the allegation, that the religion of the Catholics is essentially adverse to the British government be true, let us remember that the necessary inference is, that the British govern- ment must be a public calamity, and no longer deserving of support. But give me leave, in contradiction to that allegation, to advert to the facts on which it is founded, in order that I may the more clearly show, in the first place, that the existing penal laws are wrong, unjust, and indefensible; secondly, that their repeal is the only means of establishing the tranquillity and the security of Ireland. In the year 1792, about a hundred dissenters in the north of Ire- land rebelled ; this was immediately designated a Catholic revolt. These men, unprotected by your government and denounced by your laws, were then declared to be in a state of general insurrection, This was your candour, this was your truth. But let me remind you, that tyranny is its own reward, and that imperfect privilege is the cause and measure of imperfect allegiance. In order to put dov/n the insurgent, put down that penal code by which he is harassed and inflamed. CATHOLIC QUESTION. 329 Another case to which I beg to refer is that of the civil war or rebellion, or whatever other name you please to give it, in the time of William the Third. On that occasion the Catholics opposed William in defence of their liberties, civil and religious. Liberties, for violating which, the English people had most properly expelled James the Second from the throne. But if James had offered to the English what he offered to the Irish people, would you have called in William and expelled him ? If he had proved the con- queror, and proposed to you the same conditions which William imposed upon the Irish nation, would you have accepted them at his hands, and persevered in your submission, without any effort to procure a relaxation of them ? If they submitted with reluctance, would you, in a similar situation, have submitted with any other feeling ? Whenever sects wage their war of persecution against each other, they will proceed to the last extremes of hostility ; this is no ordinary or generous warfare, and confiscation is not omitted among their weapons of annoyance. An act of attainder was passed against three thousand persons on account of their religion, and it was remarkable that those individuals were all men of property. This was forfeited accordingly to the crown, and parcelled out to its favourites. In the reign of Charles the First forfeiture was a stand- ing branch of the revenue ; the claims of the crown respected no charters ; it held sacred no private rights ; it was not restrained by common shame from despoiling the people of Ireland of their pro- perty and estates. On that occasion the government wished the people to embark their properties on the same security with the establishments ; the people gave in their title deeds, but the Master of the Rolls, an officer of the government, omitted to register them, and the government was flagrant and wicked enough to take advan- tage of the omission, and seize upon the property. Even an impu- dent subject had the audacity to take upon himself the perfidy of the crown, and to declare to the people, that the charters of Ireland were not valid, and that the King of England was not bound by any law. It was this perfidious act that laid the foundation for the blood and massacre which ensued, and which were only the legiti- mate offspring of the unprincipled baseness and perfidy of a tyran- nical, wicked, and illegal government. It would be easy, I think, to show that these atrocious proceedings were the natural result of an atrocious system of misgovernment. Let me caution you not to embrace such a system, if you desire that common security should be the common object of society. If you do, depend on it, not Catholics alone, nor Lishinen, but Protestants, and all persuasions, will revolt 330 CATHOLIC QUESTION. against laws by which they are painfully distinguished from their fellow-men. Be assured, that no dependence is to be placed upon any man, either Catholic or Protestant, unless governed upon the same principles as the people of this country. From this I infer the necessity of repealing the laws for disquali- fying the greatest portion of the people in Ireland, and for keeping alive such odious and painful distinctions in that country. Suffer me now, Sir, to enter into a consideration of what has been the established principle of the British government in Ireland. This principle is that of disqualification ; a principle which, whatever we may affect to think of it, in its existence implies a right to govern by conquest. If the Irish were now in a state of half-allegiance, this species of government might be proper and necessary ; if not, the policy is erroneous and unjust. Let us reflect on the necessary limits to all human legislation. No legislature has a right to make partial laws ; it has no right to make arbitrary laws — I mean laws contrary to reason, because that is beyond the power of the Deity. Neither has it a right to institute any inquisition into men's thoughts, nor to punish any man merely for his religion. It can have no power to make a religion for men, since that would be to dethrone the Almighty. I presume it will not be arrogated on the part of the British legislature, that His Majesty, by and with the advice of the Lords spiritual and temporal, and so forth, can enact, that he will appoint and constitute a new religion for the people of this empire ; or, that by an order in council, the consciences and creeds of his subjects might be suspended. Nor will it be contended, I apprehend, that any authoritative or legislative measure could alter the law of the hypothenuse. Whatever belongs to the authority of God, or to the laws of nature, is necessarily beyond the province and sphere of human institution and government. The Roman Catholic, when you disqualify him on the ground of his religion, may with great justice tell you that you are not his God, that he cannot mould or fashion his faith by your decrees. You may inflict penalties, and he may suffer them in silence ; but if parliament assume the prerogative of Heaven, and enact laws to impose upon the people a different religion, the people will not obey such laws. If you pass an act to impose a tax or regulate a duty, the people can go to the roll to learn what are the provisions of the law. But whenever you take upon yourselves to legislate for God, though there may be truth in your enactments, you have no authority to enforce them. In such a case, the people will not go to the roll of parliament, but to the Bible, the testament of God's will, to ascer- CATHOLIC QUESTION. 331 tain His law and their duty. When once man goes out of hk sphere, and says he will legislate for God, he, in fact, makes him- self God. But this I do not charge upon the parliament, because in none of the penal acts has the parliament imposed a religious creed. It is not to be traced in the qualification oath, nor in the declaration required. The qualifying oath, as to the great number of offices and to seats in parliament, scrupulously evades religious distinc- tions ; a Dissenter of any class may take it, a Deist, an Atheist may likewise take it. The Catholics are alone excepted, and for what reason? Certainly not because the internal character of the Catholic religion is inherently vicious ; not because it necessarily incapacitates those who profess it to make laws for their fellow- citizens. If a Deist be fit to sit in parliament, it can hardly be urged that a Christian is unfit. If an Atheist be competent to legis- late for hi3 country, surely this privilege cannot be denied to the believer in the divinity of our Saviour. But let me ask you if you have forgotten what was the faith of your ancestors, or if you are prepared to assert, that the men who procured your liberties are unfit to make your laws ? Or do you forget the tempests by which the dissenting classes of the community were at a former period agitated, or in what manner you fixed the rale of peace over that- wild scene of anarchy and commotion? If we attend to the pre- sent condition and habits of these classes, do we not find their con- troversies subsisting in full vigour ? and can it be said, that their jarring sentiments and clashing interests are productive of any disorder in the state ; or that the Methodist himself, in all his noisy familiarity with his Maker, is a dangerous or disloyal subject ? Upon what principle can it be argued, that the application of a similar policy would not conciliate the Catholics, and promote the general interests of the empire ? I can trace the continuance of their incapacities to nothing else than a political combination ; a combination that condemned the Catholic religion, not as a heresy, but as a symptom of a civil alienation. By this doctrine, the religion is not so much an evil in itself, as a perpetual token of political dis- affection. In the spirit of this liberal interpretation, you once decreed to take away their arms, and on another occasion ordered all Papists to be removed from London. In the whole subsequent course of administration, the religion has continued to be esteemed the infallible symptom of a propensity to rebel. Known or sus- pected Papists were once the objects of the severest jealousy and the bitterest enactments. Some of these statutes have been repealed, and the jealousy has since somewhat abated ; but the same suspicions, 832 CATHOLIC QUESTION. although in a less degree, pervade your councils. Your imagina- tions are still infected with apprehensions of the proneness of the Catholics to make cause with a foreign foe. A treaty has lately been made with the King of the Two Sicilies. May I ask, is his religion the evidence of the warmth of his attachment to your alliance ? Does it enter into your calculation as one of the motives that must incline him to our friendship, in preference to the friend- ship of the state professing his own faith ? A similar treaty has been recently entered into with the Prince Regent of Portugal, pro- fessing the Roman Catholic religion, and one million granted last year, and two millions this session, for the defence of Portugal* Nay, even in the treaty with the Prince Regent of Portugal, there is an article which stipulates that we shall not make peace with France un- less Portugal shall be restored to the house of Braganza. And has the Prince of Brazil's religion been considered evidence of his con- nexion with the enemy? You have not one ally who is not Catholic ; and will you continue to disqualify Irish Catholics, who fight with you and your allies, because their religion is evidence of disaffection ? But if the Catholic religion be this evidence of repugnance, is Protestantism the proof of affection to the crown and government of England? For an answer, let us look at America. In vain did you send your armies there ; in vain did you appeal to the ties of common origin and common religion. America joined with France, and adopted a connexion with a Catholic government. Turn to Prussia, and behold whether her religion has had any effect on her political character. Did the faith of Denmark prevent the attack on Copenhagen? It is admitted on all sides, that the Catholics have demonstrated their allegiance in as strong a manner as the willing expenditure of blood and treasure can evince. And remember that the French go not near so far in their defence of Catholicism, as you in your hatred of it in your own subjects, and your reverence for it in your allies. They have not scrupled to pull down the ancient fabrics of superstition in the countries subjected to their arms. Upon a review of these facts, I am justified in assum- ing that there is nothing inherent in Catholicism, which either proves disaffection, or disqualifies for public trusts. The immediate inference is that they have as much right as any dissentient sect to the enjoyment of civil privileges and a participation of equal rights ; that they are as fit morally and politically to hold offices in the state or seats in parliament. Those who dispute the conclusion will find it their duty to controvert the reasoning on which it is founded. I do not believe the church is in any danger; but if it is, I am sure CATHOLIC QUESTION. 333 that we are in a wrong way to secure it. If our laws will battle against Providence, there can be no doubt of the issue of the con- flict between the ordinances of God and the decrees of man; tran- sient must be the struggle, rapid the event. Let us suppose an extreme case, but applicable to the present point. Suppose the Thames were to inundate its banks, and, suddenly swelling, enter this House during our deliberations (an event which I greatly depre- cate, from my private friendship with many members who might happen to be present, and my sense of the great exertions which many of them have made for the public interest), and a motion of adjournment being made, should be opposed, and an address to Pro- vidence moved, that it would be graciously pleased to turn back the overflow, and direct the waters into another channel. This, it will be said, would be absurd; but consider whether you are acting upon a principle of greater intrinsic wisdom, when, after provoking the resentments, you arm and martialize the ambition of men, under the vain assurance, that Providence will work a miracle in the consti- tution of human nature, and dispose it to pay injustice with affection, oppression with cordial support. This is, in fact, the true character of your expectations ; nothing less than that the Author of the Universe should subvert His laws to ratify your statutes, and disturb the settled course of nature to confirm the weak, the base expedients of man. What says the decalogue? Honour thy father. What says the penal law? Take away his estate! Again, says the deca- logue, do not steal. The law, on the contrary, proclaims, you may rob a Catholic ! The great error of our policy is, that it presup- poses that the original rights of our nature may be violated with impunity, in imagining that a transgression of natural law can be punished only hereafter. But there is an immediate, as well as a future retribution, and a remedy provided by natural causes for this obstruction of natural justice. The early effect of the promulgation of the penal code in Ireland, was to confound tyrant and slave, Pro- testant and Catholic, in one common mass of misery and insignificance. A new law against English Catholics, was made in the reign of George II., and mark the result ! when a militia force of 6,000 was wanted, it could not be raised. The Duke of Cumberland, son of George II., would not allow a man to be recruited in Ireland, except perhaps a weaver from the north. And what was the consequence ? We met our own laws at Fontenoy. The victorious troops of England were stopped in their career of triumph by that Irish brigade which the folly of the penal laws had shut oat from the ranks of the British army. 334 CATHOLIC QUESTION. A little attention will show us that, in the same proportion as we have conceded to the Catholic, have we grown strong and powerful by our indulgence, and that we have been the blind instruments of our own misfortunes, and of inflicting judgment on ourselves, by refusing justice to our fellow-subjects. If it be contended, that to support the church it is expedient to continue these disabilities, I dissent from that opinion. If it could indeed be proved, I should say that you had acted in defiance of all the principles of human justice and freedom, in having taken away their church from the Irish, in order to establish your own, and in afterwards attempting to secure that establishment by disqualifying the people, and compelling them at the same time to pay for its support. This is to fly directly in the face of the plainest canons of the Almighty. For the benefit of eleven hundred, to disqualify four or five millions, is the insolent effort of bigotry, not the benignant precept of Chris- tianity, and all this not for the preservation of their property, for that was secured, but for bigotry, for intolerance, for avarice, for a vile, abominable, illegitimate, and atrocious usurpation. The laws of God cry out against it ; the spirit of Christianity cries out against it ; the laws of England, and the spirit and principles of its consti- tution cry out against such a system. An honourable member once expressed his apprehension, that the Catholic, if admitted to a seat in parliament, would exert himself to promote the interests of his own religion, and to dispossess the' Church of England. I must remind the House, however, that it is contrary to every principle of legislation to inflict penalties on supposed offenders, or to punish imaginary crimes, and to deal out chastisement in advance. I ask them to remember, that by the oaths of the Catholics, oaths which we are bound to believe, we have their solemn engagement to defend and preserve the constitution as by law established. If you acknowledge that the church can only be supported on the ruins of Irish liberty, then I say that the church ought not, and cannot, be so supported. The church was estab- lished that men might resort to it for consolation and hope ; it was not made for the king, or for the court, or for men of fashion exclusively. For the people it was instituted, and by its beneficial effects on the people must its excellence be appreciated. It was with this persuasion that the kirk was established in Scotland ; but widely different was the policy with respect to Ireland. Upon no other principle, however, can the church be really recognized as the house of God. It is no longer than it adheres to that principle that it has any foundation in Christianity; when it deserts it, it becomes CATHOLIC QUESTION. 335 the asylum of pride, of avarice, of bigotry; an establishment nourished by the worst vices of our nature, and fulfilling its baneful purposes, unlike the church of a Christian God, by dividing, oppressing, and apostatizing mankind. In a political sense, the Irish hold everything by the same tenure as their fellow-subjects in England ; the landlord and tenant claim equally by virtue of the act of settlement. If the government of England chose to say, that the Church of Ireland is not to be secured by law, by the allegiance of the people, by the coincidence between the people and their liberties, but by the title of right and claim of conquest — if they so chose to blaspheme their title, they then must come to this ; they must pause to consider between the laws of God and the policy of man ; they must put their own wisdom into one scale, and in the other, to be weighed against it, place the Almighty ! Let us avoid any situation approaching to such a state of things. Upon these various considerations, I submit it to the good sense and justice of the House, that such remaining penalties and incapa- cities as attach upon the Catholics should be removed, that we may unite them with ourselves in a common feeling in a common cause. I freely admit, that if there should recur a period when a French Pope might occupy the pontifical chair, it would be necessary to guard against the exercise of his influence in the nomination of bishops. This, however, is an additional reason, I conceive, to induce the House to go into a committee, in which this particular branch of the question may be fairly discussed. I shall ever be as earnest as any man in my wishes and exertions to prevent the chaos and horrors of foreign invasion or foreign domination. It has been asserted that what the Catholics claim is of little value. This is a poor argument against acceding to it. If one person robbed another, would it be any defence of his honesty to urge that what he had stolen was of little value to the owner ? I know there are some who are for entering into certain stipulations with the Catholics ; this is foolish. You can never gain anything with a people by conditions : it is the silliest thing on Earth to think of conciliating by merchandizing their claims. Many there are, some I know, who imagine that the Irish Catholic is indifferent as to the fate of these demands. However, that is not the question ; you have no right to ask them whether they desire, but ask yourselves whether it is just to grant. If you really think them so careless on the subject, all you have established by the argument is this: "We, by our bad government, have so debilitated you, so broken your 336 CATHOLIC QUESTION. hearts and debased your spirits, that even liberty has become of no account amongst you, and you have no understanding to prize its blessings". Will this be a matter of boast to England ? But liberty is not to be made the creature of circumstance or condition. England ought to know this. What made her, what inspired, what raised her to such eminence in the world as that on which she now stands, but this inherent spirit of liberty ; this spirit, which she was never so reduced as not to think worth contesting for? Did Mr. Hampden ,think so ? was he so senseless ? did he not think that a naked freeman was a nobler object than a superb slave ? It has been said that the Catholics of Ireland are too poor and too senseless to wish for any removal of their disqualifications. By the return made to government, it appears that the expenditure of that country, which was but lately not more than one million, has become seven, eight, and ten millions. To say, that a country which expends ten millions is too poor for liberty is false and preposterous. Before the Union, the expenditure of Ireland was £1,600,000 ; and her debt, three millions : she had then a free trade and a free constitution. Since that she has gone on increasing in debt and expenditure ; she has contributed to England, exclusive of her cattle, her provisions., her men, above sixty-five millions of money ; she is the hundred-handed giant, and holding out to you in every hand a benefit. Therefore, when you say to her that she is too poor for liberty, you talk in language unknown to England ; you do not speak the dialect of the people. Depend upon it, when you address Ireland in this Jacobite phrase, you will not argue her out of her wish for liberty ; but you will argue England out of her respect for her freedom. When you once sully your lips with this meanness, this baseness, and this servitude, you will not convey the poison to her, but you will cast a taint upon your own land and your own constitution. You need not gloss over your injustice by the idea that what you refuse is trifling. The Catholics have wisely refrained from stating their grievances in this petition. But what they are excluded from is not a bauble. Do you know what the privileges are, which you refuse to the Irish Roman Catholics? Do you think they merely relate to some insignificant baubles, or that they are merely confined to the obtaining seats in parliament ? They are excluded from seats in this House, from offices in the bank, from the situation of sheriff, from the best places at the bar, from the highest stations in the army, from any participation in the state ; they are deprived of their civil liberties, they are galled by tithes ; and what remedy do you offer them ? Nothing ! CATHOLIC QUESTION. 337 While these grievances remain to be removed, let it not be said that the Irish are indifferent to them. You wound the Catholic by taking away from him his civil capacity, and then you vote tithes upon him. You have marked him out as an object of degradation ; you have separated him by disqualification from his Protestant brethren. One set of men are at court, and the other are not. You instigate the lower orders to revile each other ; and if once a servant of the crown be permitted to revile and degrade any portion of his Majesty's subjects, that portion cannot be said to be free, that portion is in every sense degraded. It has been said, that the oath of the chief magistrate is a hindrance to any farther extension of privileges to the Catholics. We suppose this oath to be a check, and we suppose this check immutable with respect to alleviating, but changeable with respect to grinding the subject. But this oath can by no means in any sense be construed as an obstacle to the privileges of the Catholics. The imposition of the qualification oath did not take place with regard to Ireland till 1782, because the English Parliament had no right to impose any such oath. What then has been done since the Union? You have taken from us a parliament where Catholics were admissible, and brought us into a parliament where, by the oath of the King, it is pretended that Catholics are inadmissible. And this is what we have got then by the Union ! According to this inter- pretation, the Union was a most monstrous innovation, for it supposes that religion depends alone for support on pains and penalties ; that is, that it is false, and that it does not stand on its own evidence ; it supposes that religion is merely a state trick, and that the first magistrate can alone preserve it by the infliction of pains and penalties. It has been said, that the disqualifying oath is a fundamental law of the land. There are, I will allow, laws which are fundamental ; liberty is one of the fundamental principles of our nature ; and the laws which support these fundamental principles must be funda- mental laws. The declaration of rights, for example, is a funda- mental law ; but the laws which deprive the Catholics of their liberty are not fundamental. In this way you would have two sorts of fundamental laws ; you would have the laws which support and maintain you in the possession of your own privileges, and the laws which consign the privileges of the Catholics to damnation ; as if the liberties of 10,000,000 of men could only be secured by making 4,000,000 the enemy of that 10,000,000. We must always remember, that to endear a constitution to a people, it must not be 838 CATHOLIC QUESTION. unjust towards them; and that if a people are interested in a con- stitution, the more likely is that constitution to be lasting. What are the terms of this oath ? It declares that mass is to be held in abhorrence, and that it is an idolatry ; that is to say, that all those Catholic nations who have been your allies are idolaters ; that the Prince Regent of Portugal, whom you are bound to establish on his throne, is an idolater ; the Emperor of Austria is an idolater ; the King of the two Sicilies is an idolater ; that the people of Portugal, to whom you formerly voted one million, and lately two millions, are idolaters ; the Spaniards, your own fellow-subjects of Canada, and four-fifths of your fellow-subjects of Ireland, are idolaters. Thus the qualification of an English gentleman to serve in parliament is a libel on his allies and a libel on his fellow-subjects. It is not easy indeed in all to draw the line of distinction, and say what laws are not fundamental, and what laws are ; but here there is no occasion ; for here are laws which you yourselves have declared not to be funda- mental, but to be provisory. In the Union with Scotland, you expressly say that this is subject to the discretion of parliament ; you say, " until the parliament of the United Kingdom shall other- wise provide Such is the language on this subject, in the twenty- second section of the Scotch Union, and the twenty-fourth of the Irish Union. These laws, therefore, are only provisory, and not fundamental ; you have declared it repeatedly ; and you have thus abandoned the great argument against the admissibility of the Catholics. By the Union, the declaration of right did not exclude for ever the Catholics : that declaration which signifies this is* sub- ject to a future provision. Who are the parties to these Unions ? The King and the parliaments. When I bring up to your table a petition loaded with the multitude of signatures which it contains, let it not be said that the declaration is against them, which the parliament of England and the parliament of Scotland, which the parliament of Britain and the parliament of Ireland, have declared to be no part of the fundamental laws of the land. Why was this clause introduced into the Irish Union ? It was introduced for the sake of facilitating the Union ; it held out to the Catholics the pos- sibility of the removal of their disabilities in the strongest terms ; and it made the King a witness that nothing stood in the way of that removal, that it was a subject free to be debated, that there was no coronation oath against it, and no fundamental law of the land. I appeal to the candour of the House, if this is not a fair construction of the meaning of this clause. I appeal to the com- mon sense and integrity of the nation. I appeal to that old English CATHOLIC QUESTION. honour which has, as it were, dove-tailed itself into your constitu- tion. I propose to you a measure which will give you safety, and make your enemies weak. Will you not adopt it ? Why then will you support a principle which tarnishes your national faith ? If it is said, we do not like to admit the Catholics to a community of privileges with ourselves, I will ask you if you will allow your* selves to be guided by any such prejudices, to reject a measure which is not more essential to the welfare of the Irish Roman Catholic than essential to your own safety ? What would you think of the conduct of that regiment which should refuse to march with another regi- ment, and to act along with it, because that regiment was Roman Catholic ? Why will you allow yourselves to be under the influence of such uncharitable prepossessions? What must be the conse- quence ? If you will not tolerate one another, you must at last tolerate the conqueror. England is nothing without Ireland, and Ireland is nothing without England. Do you not know that the preservation of your own religion, your liberty, and all your privi- leges, depends on the success of your efforts against the French ? Do you not know that your success depends on your union among yourselves, and that if, instead of being united, you split and separate, you are a ruined nation ? The government may tell you you can wait. Yes ; God Almighty may wait, but will the enemy wait ? I now tell you, unless you tolerate each other, you must tolerate a conqueror. You will be enslaved and plundered, for con- fiscation will surely follow in the train of conquest. Thus your property will go to other hands, and you will be a ruined nation. You may be a very brave nation and a very wise nation : but if in one part of your policy, which is the most essential, you fail, if you split among yourselves, you are a ruined nation. That one error will be your death. It will render you incapable, with all your valour, to contend successfully against your foe, or even to preserve your existence as a nation. I have often wished that some guardian angel would descend, and raise those sectaries from the plain of this world, above the little Babel of their own dissensions, and show them the calamities which were approaching ; show them, in the con- tinuance of their jarring, ruin visible: show them France, or rather, hostile Europe, arrayed against them; and then say: "If you join, you may live ; but divided, the destruction must be universal". Amidst all this discussion and dispute about tests, there is one test which has missed the wisdom of the wise, which the politician has not discovered, and which the divine, in his Heavenly folly, has also not discovered, but which has been discovered by the common 840 CATHOLIC QUESTION. man ; and that is, that you must allow every man to follow his own religion, without restriction and without limitation. Catholicism and allegiance are compatible with one another. The Catholics consti- tute a great proportion of your armies ; a great proportion of your marine force are Catholics ; you continue to recruit your forces with Catholics. A statement has been furnished of the proportion between the Protestant and Catholic part of the forces quartered in the Isle of Wight, and of the crews of several ships at Portsmouth, and the Catholics were by far the greatest proportion. I do not say that the number of each persuasion amounts to exactly what has been there stated ; but I say, that in a view of our maritime and land forces, the numbers of Irish Catholics are such as to be enough to turn the scale of empire. They have enabled you to vanquish those French, for a supposed attachment to whom you disqualify the Irish Catholics. The Russian, the Austrian, and the Prussian armies fled before the armies of France. Neither the insensibility of the Russian soldier, nor the skilful evolutions of the Prussian, availed them in the day of battle ; they all fled before the French armies ; so that, with her collected force, she gave a final stroke to the liberties of Europe* Whatever remained of the glory of Europe fell at the feet of France. In the last contest with Austria, feats of courage were displayed by the Austrians such as could be equalled by nothing but the courage that conquered them, and yet the armies of Austria were in a short time shattered by the armies of France. And if in another part of the continent you have been enabled to oppose that nation with more success, to whom was that success principally to be ascribed ? It was to the Scotch Presbyterian, a steady and gallant soldier ; it was to the Irish Catholic, whom you have incapacitated from honours and rank, and who, while he was exposing to every breeze his gar- ments bathed in the blood of France, was also carrying about him the marks of your disqualification. One regiment, which has lately distinguished itself in a remarkable manner, was raised in Dublin, almost entirely of Catholics. Had the gallant officer* who raised these men, raised soldiers on the principle on which we admit mem- bers of parliament — had he insisted on their renouncing the eucharist and declaring their abhorrence of mass, France would have had one eagle the more, and you would have had one regiment the less ; but that gallant man, far above the folly of theology, did not stop for the sanction of either priest or parson, but told the soldier to draw for his country. * Lieut. Gen. Sir John Doyle. CATHOLIC QUESTION. 341 The question is, therefore, whether Irish Catholics are or are not as capable of allegiance as the Protestants are, of which one should think there could hardly remain a doubt. And if I can collect at present a general sense in favour of the claims of the Roman Catholics, I shall be of opinion that the country may look to the issue of the present contest without dismay, and that she has such a security within herself, that she may behold the utmost efforts of the enemy with tranquillity. [Mr. Grattan then moved, "That the petition of his Majesty's Roman Catholic subjects be referred to the consideration of a committee of the whole House".] April 23, 1812. Mr. Grattan rose and said : Sir, I have changed the question, and instead of a committee to consider the petitions, I propose to move for a committee to revise the laws. Thus, every person who thinks that redress should be administered, whether in a greater or a less degree, whether by applying to the executive power to take a leading part in the business (as was the opinion of a right honour- able gentleman, whose opinion deserves every consideration), or by proceeding ourselves to administer relief, must, I say, concur in this motion. The present powers of England chiefly regard Ireland and America ; your efforts in other places must be chiefly influenced by fortune, but here you can arbitrate your own destinies ; here wisdom may save, or folly may undo : and if you err here, you lose, delibe- rately and by your own fault, your strength in the new world and your anchor in the old. The question I shall propose is a new one ; it was hitherto deba- ted upon the circumstance, it is on the principle you are now to decide. The doom of Ireland lies before you ; and if you finally decide against her petitions, you declare that three-fourths of the Irish, and one-fourth of the empire, shall be disqualified for ever. When you say, we will not accede to the wishes of Ireland now, and advance no reason, which must not always exist, you mean never, but you do not say never, because you cannot give to the tremen- dous sentence its proper denomination — a sentence abominable, unutterable, unimaginable. The sentence purports to disqualify for ever three-fourths of the people of Ireland for adhering in their own country to the religion of their ancestors. Recollect that Ireland is their country, and that your power in that country is founded on her liberties. That religion is then right, and the gospel is their property. Revelation is the 342 CATHOLIC QUESTION. gift of God, given to man to be interpreted according to the best of that understanding which his Maker has bestowed. The Christian religion is the property of man, independent of the state. The naked Irishman has a right to approach his God without a license from his king ; in this consists his duty here, and his salvation hereafter. Thestatethatpunisheshimforthe discharge of that duty, violates her own, and offends against her God and against her fellow-creature. Yon are the only civilized nation who disqualify on account of religion. I allow that where religion is accompanied with any circumstance that tends to disaffection, the state has a right to interfere ; but in that case, it is not the religion that the state touches, but the diaffec- tion, and here that circumstance does not exist, because here we have practical proofs of allegiance. You have read the public papers, you have seen the Gazette. With every repugnance to inquire into the state of the people of Ireland, there are some things which you must know. You know they are lighting and dying in your service, and in this knowledge you learn the falsehood of the calumnies which were once offered against their pretensions, and what is more, oh ! shame to relate it ! admitted as evidence ; their opponents said no Irish Catholic could be loyal to a prince of the House of Hanover ; they said that the Irish Catholic must ever hate an Englishman. They were not aware that they implied that the British government had made itself hated in Ireland, and had misgoverned our country from the beginning ; they said that the Pope claimed in these realms a temporal power, that he claimed a deposing power, that he claimed a power to dispense with moral obligations ; they said that oaths did not bind the Catholic, and that Protestants and Catholics could never amalgamate. Their charges were calumnies, the common calumnies of a scolding sect. They were received as evidence, notwithstanding they were answered by the impossibility of their truth. Had they been true, the Christian religion could not have existed an hour ; had they been true, the Catholic states must have come long ago to moral and political dissolution. They were also answered (they need not have been answered) by six Catholic universities — Paris, Douay, Alcala, Valladolid, Louvaine, Salamanca, the best authority upon the subject. I need not refer to the answers ; they refuted their calumniators ; to silence them was impossible ; they state that the Pope had no temporal power in these countries ; they state that he has no deposing power ; and, regarding the charge of no faith with heretics, they repel the imputation with horror and contempt. These charges are also refuted by the oaths of the Catholics, which CATHOLIC QUESTION. the Protestant legislature haci made the test of their loyalty — see the oath of 1793 ; and by another, by the best possible answer, by an answer that sets misinterpretation at defiance, and refutes false logic by sound fact — by the practical allegiance of the Catholic. You have that evidence before you ; you see it in the dispatches which recite you battles ; you yourselves, without knowing, having decided upon the fact. What are your votes of parliament, return- ing thanks to the Catholics in the army and navy ; what are they, but the verdict of the English Parliament in favour of their allegiance ? But those votes of parliament that pronounce the Catholic to be innocent, pronounce the legislature that disqualifies them, to be guilty. Here stands on one side the parliament with a penal sentence in its hand, and on the other, the Catholic with an acquittal by that very parliament ; thus, under your own authority is the Catholic acquitted and the parliament convicted. With this practical evidence of their allegiance, and this your own seal and sanction, you have divers Protestant petitions in their favour ; these petitions are prayers for their privileges and evidences for their character. And first, where are the petitions against them? where is the petition from the city of London? where are those instruments that were to have overlaid your table ? Your countrymen have not come here to mock the calamities of the state by petitions to defend England at this perilous moment against the Pope and his seven sacraments ; they have not aggravated the calamities of the state by denouncing an eternal hostility to the civil privileges of three-fourths of the people of Ireland ; they have not petitioned for the perpetual weakness of the empire by deman- ding an everlasting separation of interests. The church too — I have not seen, in any great degree, its interference ; I have not heard the ecclesiastical horn of discord and sedition. Where are the ministers of the gospel, who have left their God to follow the court, to damn their fellow-creatures for pay ? Where are the numerous pulpits blasted by the flag of ecclesiastical prostitution ? Instead of one religion damning another for stipend and promotion, in the person of dull divines, instead of an ill-advised people coming down to parliament with petitions against their fellow-subjects, in the character of mad metaphysicians, I see but three petitions against the Catholics. I see, on the other hand, the address of the livery of London, with a clause expressing a desire that civil disabilities should be removed. I see the sense of this great capital favourable, or not adverse, to Irish liberty and English justice. I see wisdom and 344 CATHOLIC QUESTION, justice, truth and security, speaking in the voice of many thousand Englishmen, petitioning in their favour. I see a petition from the Protestants of Ireland, denominated a Protestant petition, and signed by the greater part of the Protestant proprietors in Ireland ; that petition, unaccompanied by any counter-petition, may be called the Protestant interest of Ireland. The first name is Mr. David Latouche ; that gentleman had originally voted against the Catholics; but seeing the changes of time, and weighing well the public exigency, he now comes forward in their favour : ever a foe to violence, and checking by turns the errors of the crowd and the crimes of the court, independent equally of the king and the people, aloof from all party, and attached solely to the public good, he asserts to the last the integ- rity of his character, and gives the authority of his name and his house to the service of his country. You have in addition to this> the names of the house of Leinster, of Ormond, Meath, &c. &c. You have the Protestant merchants, the Presbyterians, and, coupled with the Catholics, this petition may be said to comprehend the property and population of Ireland ; in fact, the petition of Ireland lies upon your table. I congratulate my Protestant brethren in Ireland ; they have asserted the true principles of the gospel, they have asserted the principles of civil liberty, and they give a warning voice to the British empire. If any misfortune should happen, they must share the evil, but they avoid the dishonour. Before you dismiss the petitions, let us see who is the petitioner. The kingdom of Ireland, with her imperial crown, stands at your bar ; she applies for the civil liberty of three-fourths of her children. She pays you in annual revenue about six millions : she pays you in interest of debt, about three ; in rent of absentees, about two ; and in commerce, about ten. Above twenty millions of money is compre- hended in that denomination called Ireland ; besides the immeasur- able supply of men and provisions, you quadruple her debt, you add three-fold to her taxes, you take away her parliament, and send her from your bar without a hearing, and with three-fourths of her people disqualified for ever. You cannot do it ; I say you cannot finally do it. The interest of your country would not support you ; the feelings of your country would not support you : it is a proceed- ing that cannot long be persisted in. No courtier so devoted, no politician so hardened, no conscience so capacious. I am not afraid of occasional majorities ; I remember in 1782, to have been opposed by a court majority, and to have beaten down that court majority. I remember, on a similar occasion, to have stood with twenty-five, opposed to a strong majority, and to have overcome that immense CATHOLIC QUESTION. S45 majority. A majority cannot overlay a great principle. God will guard His own cause against rank majorities. In vain shall men appeal to a church-cry, or to a mock-thunder : the proprietor of the bolt is on the side of the people. Should you, however, finally resolve upon such a measure, such a penal sentence, recollect how much you will .be embarrassed by engagements, recollect the barrier is removed that formerly stood against the measure I propose. However we may lament the cause, we must acknowledge the fact, and perceive, that the time is now come in which the Catholics were to expect a gracious predilection. They were taught to expect that their wounds would be healed, and their disabilities should cease ; that a great deliverer was on his way, that would wipe the tears of the Irish, and cast upon the royal family a new ray of glory everlasting. They gave themselves up to a passion that was more than allegiance, and followed the leading light, that cheered their painful steps through the wilderness, until they came to the borders of the land of promise, when, behold ! the vision of royal faith vanishes, and the curse which blasted their forefathers, is to be entailed upon their children. In addition to this immeasurable disappointment, you must consider another — you may remember the Union. Without inquiring whether the repeal of Catholic disability was actually promised, it was the expectation of that measure which earned the Union. It is the price for the Union, and an essential part thereof ; you will now pay the purchase of that measure. National honour is power; in trade, it is capital; in the state it is force. The name of England has carried you through a host of difficulties ; we conjure you by that name to accede to those petitions ; should you finally refuse, you repeal the Union ; you declare the Irish and the English to be a distinct people ; you not only declare it, but you do it ; you dissolve the incorpora- tion ; they were kept together by hope, and you divide them by despair; you make them two distinct nations, with opposite and with hostile interests ; the one with civil privileges, the other with- out ; the one in the act of disqualifying the other ; the oppressor and the oppressed. The idea of the Union is twofold ; a union of parliament and a union of people. I see the union of parliament, and in that I see the measure which makes the legislature more handy to the minister ; but where are the people ? where is the consolidation ? where is the common interest ? where is the heart that should animate the whole, and that combined giant that should put forth his hundred hands for the state? There is no such thing : the petitioners tell you so; 846 CATHOLIC QUESTION. they tell you that it is impossible such a policy should last ; a policy that takes away the Parliament of Ireland, and excludes the Catholic from the Parliament of England; a policy that obtained the Union by the hope of admission, and now makes the exclusion everlasting. The Catholics now come to you; they have brought their Protes- tant neighbours along with them, and they both call upon you for the civil capacities of the Catholics, and for the integrity of the empire. Thus, you perceive, it is no longer a question between the different sects of Ireland, no longer a question regarding the security of the Protestant property or the Protestant church. Far from looking for that security in civil disqualifications, they deprecate those disqualifi- cations as their principal danger, and they reduce the subject to a question between the people of Ireland and t he ministers of the crown. So it now stands. But should you wish to support the minister of the crown against the people of Ireland, retain the Union, and perpe- tuate the disqualification, the consequence must be something more than alienation. When you finally decide against the Catholic ques- tion, you abandon the idea of governing Ireland by affection, and you adopt the idea of coercion in its place. National disqualification, national litigation, informations, attachments, an angry press, an angry prosecution, errors on both sides ; men discharged for their virtuous sentiments in favour of the people ; such was the case of Mr. Stanhope ;* domestic feud added to foreign war. Such must be the situation of Ireland ; a situation which is nothing more nor less than preparation to render the Irish mind completely hostile to Great Britain. This misfortune will be very great to both of us. In what particular way it will break out I know not, but I know it will be nun ; when I say ruin, you must know I mean ultimate separa- tion, separation either in fact, or separation in disposition — either will undo us. Nature protests against it : France, with all her powers, could not achieve it ; civil disqualification may. We shall first be destroyed, and your gorgeous empire will follow ; you are mined by the hostility of Ireland, you are ruined by her neutrality. You are therefore pronouncing the doom of England. You, opposed to the population of France, with all her appendages ; you, with only sixteen millions of inhabitants, strike out of actual operation four. Never wa3 an instance of human insensibility so fatally dis- played. The mad Athenian, when for a few bushels of corn he dis- * Son of Lord Harrington. He attended and spoke at a dinner in Dublin in favour of the Catholics. CATHOLIC QUESTION. 347 qualified a part of his fellow-citizens, was not so frantic. The mad Greek, who in the last moments of his existence refused the assist- ance of the West, damned the cardinal, and gave up his empire, was not more frantic. A nation fightiug for her existence, a wise nation, a civilised nation, striking out of operation one-fourth of her people, deliberately, in her senses, for no reason — the eucharist is no reason, the worship of the Virgin Mary is no reason ; arguments of public scorn, if they were not the cause of public nun — without any cause, except we suppose that the hand of death precipitates the empire ; I say, you are pronouncing the doom of England. If you ask how the people of Ireland feel towards you, ask yourselves how you would feel towards us, if we disqualified three-fourths of the people of England for ever. The day you finally ascertain the disqualification of the Catholic, you pronounce the doom of Great Britain. It is just it should be so. The king who takes away the liberty of his subjects loses his crown; the people who take away the liberty of their fellow- subjects lose their empire. The gentlemen who are invited by the call, think, perhaps, they are presiding over a few penal laws affecting the Irish, or exercising a lazy tyranny in the easy chair of pride and security : depend upon it they are mistaken. You are presiding over the fame and fortune of that great renowned empire called Great Britain. The scales of your own destinies are in your own hands ; and if you throw out the civil liberty of the Irish Catholic, depend on it, Old England will be weighed in the balance, and found wanting : you will then have dug your own grave, and you may write your own epitaph, namely : " England died, because she taxed America and disqualified Ireland". It is worthy to inquire how many rights you violate in order to destroy yourselves and your fellow-subjects. You assume a right to make partial laws, or laws against the very principles of legislation. You govern one part of the society by one code, and the other by a distinct one. You make laws as arbitrary as they are partial, that is to say, you disqualify one part of the society for differences not more essential in apolitical point of view, than colour or complexion ; as if you should say, no man shall be a general who has black hair, no man shall be a member of parliament who has brown. Yon not only make partial and arbitrary laws, but you invade the sacred right of religion, and you, with a. sentence which is eternal, invade the sacred cause of liberty. 348 CATHOLIC QUESTION. They say yoti have power to regulate qualifications ; that is, you are a trustee for the privilege ; but if, under pretence of regulation, you destroy the privilege, you exceed your power and violate your trust. Thus, if you enacted that no man who had less than £3,000 a-year should be a member of parliament, you would disqualify the people of England, and break your trust. Thus, when you, on the pretence of regulation, forbid the Catholic to sit in parliament, you pisqualify a great part of the people of Ireland, and break your trust. It is said, parliament may do partial ill for the general good. Yes ; but the majority cannot take away the liberty of the minority ; for this never can be the general good ; still less, can the minority, as in the case of Ireland, take away the liberty of the majority ; that would be a breach of the principle by which the society is compacted. You cannot rob one part of the society of her property, to enrich the community ; still less, can you rob one part of the society of her liberty ; and least of all, can you do that in the case of Ireland, which is connected with England, as that liberty is protected. When the general good means the existence of the state, there the ruling power may abandon a part to save the remainder. But what is understood by the general good in its modern application ? It means power, as opposed to liberty : such was the case in the American stamp act ; such was the case of the British statutes that restrained the trade of Ireland ; such is the case now ; it is the power of one sect over the privileges of the other : and what is that, but the disqualification of the part, and the dismemberment of the whole ? Whenever one sect degrades another on account of religion, such degradation is the tyranny of a sect. When you enact, that, on account of his religion, no Catholic shall sit in parliament, you do what amounts to the tyranny of a sect. When you enact, that no Catholic shall be a sheriff, you do what amounts to the tyranny of a sect. When you enact, that no Catholic shall be a general, you do what amounts to the tyranny of a sect. There are two descriptions of laws : the municipal law, which binds the people ; and the law of God, which binds the parliament and the people. When- ever you do any act which is contrary to His laws, as expressed in His work, which is the world, or in His book the Bible, you exceed your right ; whenever you rest any of your estab- lishments on that excess, you rest it on a foundation which is weak and fallacious; whenever you attempt to establish your government, or your property, or your church, on religious restrictions, you establish them on that fals.e foundation, and you oppose the Almighty ; and though you had a host of mitres on your side, you CATHOLIC QUESTION. 349 banish God from your ecclesiastical constitution, and freedom from your political. In vain shall men endeavour to make this the cause of the church ; they aggravate the crime by the endeavour to make their God their fellow in the injustice. Such rights are the rights of ambition : they are the rights of conquest : and, in your case, they have been the rights of suicide. They begin by attacking liberty ; they end by the loss of empire. In all matters where the legislature interferes, you will take care to distinguish between nomination and eligibility. Nomination is the right of the person who nominates, and eligibility of the person who is nominated. Eligibility is a common-law right, and can only be taken away by act of parliament : but parliament can only take it away for crimes or unfitness : religion is neither. You cannot take away eligibility, which is a common-law right, on account of religion, which is a right also. The clause of disqualification consists of three heads : the super- stition of the eucharist ; the adoration of the Mother of God ; and the Papal power. The two first are merely matters of religion, which the state has no right to investigate, and snch as form an objection, which must be, and which is, for the most part entirely abandoned. Two parts of the objection, then, are disposed of ; and a third only remains ; and that third, namely, the power of the Pope, is reduced to a mere spiritual authority : nor are the arguments founded, which say, that spiritual and temporal power are inseparable ; and which instance, as proof of their insepara- bility, marriage and excommunication. There is no solidity in their observation nor their instance, inasmuch as marriage is a civil contract ; and all its consequences, inheritance, and legitimacy, and so forth, depend on the civil quality of that contract, and cannot be affected by a spiritual connexion, of which the law has no conception, and to establish which no evidence is admissible. This matter has been settled by the act which allows Catholics to be on juries, and therefore allows them safe and competent to try the validity of marriage. The same may be said of excommunication, which is an authority which cannot be enforced ; attended by an obedience which cannot be commanded, the ecclesiastic who attempts to enforce such a power, is subject to a prosecution ; and the parishioner who is injured is entitled to damages, and damages have been given accordingly. To this objection there are further answers : the law and the fact. The law, which has made the distinction between temporal and spiritual, and has (see 14th and 1 5th of the king) reduced that distinction to an oath, to be taken 1G 850 CATHOLIC QUESTION. by Catholics under the authority of an act of parliament. It is remarkable, that in our dealings with the Catholics, the arguments of their opponents have been answered by their laws. They say, the Catholics are not credible on their oaths ; and they have made, by act of parliament, their oath the test of allegiance. They say, that temporal and spiritual power are inseparable; and they have made them distinct by act of parliament. They say, that the dis- qualifying oath is a fundamental part of the law of the land ; and they have declared by the fourth article of the act of Union, that oath to be pro visionary, not fundamental. They say, that by the constitution the Catholics should have no political power ; and they have made them by act of parliament, that is, by the act of Union, a part of the Commons, that is, of the third estate of the empire. Thus, they speak to the Catholic with a double tongue, and then most piteously exclaim : " These Romanists will keep no faith with heretics". In further answer to their objection, which confounds spiritual with temporal power, and which supposes the Pope to divide with the prince the allegiance of his subjects, we have the fact as well as the law. Let the princes of Europe tell how far the Pope has shared or divided the loyalty of their Catholic subjects. Let the Pope declare how far he commanded the allegiance of the Roman Catholics in Europe, when he was dragged from his palace — this dreaded interpreter of the Scriptures, and this joint proprietor of allegiance, dragged to Paris through an immense extent of Catholic country, at the wheels of the car of a Catholic prince, without a sword in his support, or an arm to defend him ! Or say, what succour has he in all his afflictions experienced, except when, on the shoulders of the Protestant government of England, this unhappy old man was supported, an image of frail fortune and extinguished authority, until he was finally resigned to captivity and oblivion, the sole attendants on his state, without an effort to restore, or a partizan to console him, "more formidable than ever", exclaims the petition of Cambridge ; and on this solid observation piously prays the legislature to impose on four millions of her fellow-sub- jects eternal disabilities. To this learned university how formidable then must the house of Bourbon appear. Like the Pope, that house has lost its dominions. How formidable Ferdinand of Spain ; like the Pope, he has lost his liberty, and is possessed of all the resources that proceed from captivity and deposition. How criminal must our government appear, according to this reasoning, who pay above £20,000,000 to support in Spain and Portugal the respective governments in church as well as state, and of course, are contending CATHOLIC QUESTION. 351 to set up again the powers of France, in the person of the Pope, now represented to be more formidable than ever. See then how your right stands; of three objections, two are abandoned; the third reduced to a spiritual, and that spiritual power now reduced to nothing ! You profess to tolerate religion; you do not tolerate religion when you punish it. Disability is punishment; it is a punishment in a very high degree. You cannot say, that an application to get rid of that punishment is an application for power ; it is an application for protection. Civil capacities are defence ; they are necessary to protect the Catholic against the injustice of a partial trial ; they are necessary to protect him against the hardships of being taxed and bound by a body of which he constitutes no part: when the Catholics desire eligibility to the office of sheriff, they desire a pro- tection against juries exclusively Protestant, modelled by a party sheriff ; they desire that their lives and properties may not be tried exclusively by those who disqualify them. If this be ambition, it is the ambition of not being hanged by a party jury, the ambition of not being robbed by a party sheriff packing a party jury. On a question touching Catholic claims, the Eoman Catholics have not now a fair trial in Ireland; in a case between Catholics and Pro- testants they have not the benefits even which foreigners possess. I do not say this applies to ordinary cases, but I do say that where there is a question touching their exertions to obtain civil privileges, they have not a fair trial. How many Catholics were j my men on the late trials for the violation of the convention acts ? not one ; they are not only deprived of the great executive offices of their country, but of the great protective principles by which their lives and properties shall be defended. They are excluded from the office of sheriff by which juries are empannelled, and from that legis- lative body by which taxes are imposed. Gentlemen call for security; we call for security; we call for security against a policy which would make the British name in Ire- land odious ; we call for security against a policy which would make the British faith in Ireland equivocal ; we call for security against a policy which would disinherit, disqualify, and palsy a fourth part of the empire, When gentlemen on the other side call for security, let them state the danger : does the danger consist in the eucharist, or in the poli- tical consequences attending the real presence? does the danger exist in worship of the Virgin Mary ? does the danger exist in an attachment to the house of Stuart ? Let the opponents give us some 352 CATHOLIC QUESTION. serious reason ; let them afford us some apology to after ages for inflicting on a fourth of our fellow-subjects political damnation to all eternity. They have but one danger to state ; let us hear it ; it is the Pope, and the influence of France upon that power. He has at present no power ; France has no influence over him, and the Irish Catholic no communication: the danger, therefore, is prospec- tive. What securities have they taken against it ? domestic noini* nation ? No, they have declared it impracticable and inadequate. You might have had the veto; you might have had it in 1801, when you had the Pope in your power ; you might have had it in 1805, when you rejected Mr. Fox's proposition; and I believe you might have had it in 1808 ; but you lost it. Well, domestic nomination they say will not do ; the veto, they say, will not do. Have they any other measure ? Do they propose a plan for making proselytes? Do they propose to discontinue recruiting from the Catholic body ? They have no plan but civil disabilities, that is to say, national dis^ qualification is the odium of the British name, and the hostility of the Irish people, and what is that but ultimate separation ? Sepa^ ration in fact, or separation in disposition. They have talked much of the security of the church, much of the security of the state, and much of the necessity to fortify both ; and the only security they propose for either is virtual or actual separation. For this, the church has been expected to preach, and the people to petition. They tell you, that there is a great danger in the relative situation of the Pope with regard to France ; they suggest to you, of course, that some remedy is necessary, and they produce a remedy which does not act upon the disease, but is of itself another disorder, that goes to the dissolution of the empire. For this has Oxford, for this has Cambridge, petitioned, with good intentions I must sup- pose; but they have petitioned for the dismemberment of the empire. Sensible of this, the people have not crowded your table with applications against the Catholics; on the contrary, the propeity and the Protestant interest of Ireland have petitioned for them ; and, in addition to this, a number of leading characters in England have declared they cannot accept of office without taking measures for the relief of the Catholics. This is a great security ; in this security, with other circumstances, I would advise the Catholics to place much confidence. Nothing could be more fatal to their cause than despair : they may be certain that their application must ultimately succeed, and that nothing can add to its natural strength more than the temper with which it is conducted. CATHOLIC QUESTION. 353 I know the strength of the cause I support ; it must appeal to all the quarters of the globe; aud it will walk the Earth and flourish, when dull declamation shall be silent, and the peit sophistry that opposed it shall be forgotten in the grave, I cannot think that the civil capacities of millions, coupled with the cause of this empire, which is involved in their fate, shall owe their downfall to folly and iuanition. As well might I suppose the navy of England to be blown out of the ocean by a whirlwind raised by witches, or that your armies in Spain and Portugal should be laid prostrate by Har- lequin and his wooden sword, as that such interests as I now sup- port should be overturned by a crew of quaint sophisters, or by ministers, with the aid of a few studious but unenlightened ecclesi- astics, acting under the impulse of interest and the mask of religion. The people, if left to themselves and their good understanding, will agree ; it is learned ignorance only that would sever the empire. As the call of the House may have brought together many gentle- men who did not attend the former debates on the subject, I beg to apprise them of some further objections with which they must expect to be encountered. They will be told, that the people of Ireland are base and barbarous, and are not equal to the exercise of civil capacities ; that is, that the first order of Catholic gentlemen in Ireland, who are to be affected by the repeal of these laws, are base and barbarous; that is to say, that in the course of 600 years, the British government in Ireland has made the people of that country base and barbarous, or, in other words, that your govern- ment has been in Ireland a public calamity. They state the Chris- tian religion, as exercised in Ireland by the majority of the people, to be another cause of this evil ; and thus they suggest, as the only remedy, the adoption of a measure which would banish from that island her government and her religion. The folly, the indecency, and the insanity, of these objections do not deserve an answer. They will tell you, moreover, that the spirit of the act of settle- ment, which deposed the reigning prince for his attack on civil and religious liberty, commits the very crime it punishes, and goes to deprive of civil liberties one-fourth of your fellow-subjects for ever. Desire those men who tell you so, to show the clause in the act of settlement of such an import ; and ask them why they, in defiance of an express provision in the act, raise foreign Catholics to the highest rank in the army ? Ask them why the eucharist, which overpowers the understanding, as they suppose, of Lord Fingall or Sir Patrick Bellew, has no effect on these foreigners? and why they abandon their prejudices in favour of strangers, and advance them 854 CATHOLIC QUESTION. only to proscribe the natives of their country ? They will tell you that the disqualifying oath is a fundamental part of the act of Union. Desire them to read the act of union : they will there find the disqualifying oath is directly the contrary; that by the fourth article of the Union it is expressly declared to be provisionary, not fundamental : and you may add, that herein is a provision by act of parliament, declaring that the excluding oath, as prescribed at the Revolution, is not a fundamental part of the constitution. The same declaration will be found in the Scotch Union. Thus all the parlia- ments of these realms have repeatedly declared that the disqualifying oath is not a fundamental part of the constitution ; and, therefore, against the argument of the minister on this head, you may quote the two acts of Union, and also the authority of those who voted for the Irish act of Union, that is to say, some of the ministers them- selves, and also of those who drew up the Irish act of Union, who, I apprehend, were some of themselves. Ask them, have they set forth in this act of parliament, that the disqualifying oath was provisionary, and, after obtaining the Union, will they now belie their own law, and assert that the oath is fundamental ? They will tell you, that by the constitution of the country, the parliament is Protestant. Ask them, are not the Commons a part of parliament? and are not they in no small proportion Catholic ? The persons who argue with you thus against the Catholics, have sworn the oath at your table. Desire them to read it, and there they will find no profession of faith whatever ; that Christianity itself is no part of the qualification ; that any man can take that oath except a Catholic. Ask them, whether that exclusion was not on account of political combinations formerly existing in Europe ? ask them whether they continue ? and, in answer to all their objections and jealousy, ask them why they continue to fill their navy and army in such an immense proportion with men whose race they affect to distrust, and therefore they presume to disqualify ? Ask the generals and admirals how these men act in the fleet and in the field ? Read the lists of the killed and wounded, and see in what number these men have died in your service : read the Irish names of wounded officers ; recollect that they cannot be generals, and see in their practical allegiance a complete answer to all objections. Tell them they must extend their constitution to their empire, or limit their empire to their church establishment. Or, if you wish for further information, do not apply to the court, but ask the country; ask the Protestant gentlemen of Ireland ; ask the house of Leinster ; ask the house of Ormond ; ask the great landed proprietors of the country, men CATHOLIC QUESTION. 355 who must stand the brant of danger ; ask their petition ; and do not, in the face of their opinion, decide against the civil privileges of a fourth of your own people ; do not hazard the name of England on such a principle ; do not hazard the empire of England on such an experiment. I appeal to the hospitals, which are thronged with the Irish who have been disabled in your cause, and to the fields of Spain and Portugal, yet drenched with their blood, and I turn from that policy which disgraces your empire, to the spirit of civil freedom that formed it : that is the charm by which your kings have been appoin- ted, and in whose thunder you ride the waters of the deep. I call upon these principles, and upon you to guard your empire, in this perilous moment, from religious strife, and from that death-doing policy which would teach one part of the empire to cut the throats of the other, in a metaphysical, ecclesiastical, unintelligible warfare. I call upon you to guard your empire from such an unnatural calamity, and four millions of your fellow-subjects from a senseless, shameless, diabolic oppression. You come on the call of the House to decide, as you suppose, a great question regarding the people of Ireland. You have to say to them : We are ruined ; unless we stand by one another, we are ruined ; and they have to say to you : We require our liberties ; our lives are at your service. He then moved, " That it be referred to a committee to consider the state of the laws imposing civil disabilities on His Majesty's subjects professing the Catholic religion". February 25, 1813. Sir, I am very happy that the right honourable gentleman has caused those passages in the bill of rights to be read to the House, for I am distinctly of opinion, that the qualifications which it enumerates as the indispensable accompaniments of the sovereignty of this empire, ought to form a part of the preamble of any bill that may be introduced into parliament for the relief of the Roman Catholics. For, sir, it is most necessaiy and most wise, that when- ever we admit the Catholics to the privileges which they claim, we should insure to the Protestants the unendangered continuance of all the privileges which are founded on the act of settlement. The same measure which gives liberty to one, should give security to the other. I rise, sir, to support the petition, which some time ago I had the honour to present from the Catholics of Ireland. I am sure that I 356 CATHOLIC QUESTION. may say, without fear of contradiction, that this petition is generally from the Catholics of Ireland ; that it is substantially true ; and that it conveys the wishes of the whole body. The motion which I mean to make is, that the House will resolve itself into a committee, in pursuance of the resolution which, at the desire of my right honour- able friend, has been read by the clerk at the table. Sir, I know very well that a resolution of a former parliament cannot bind its successor. At the same time, I do not conceive that I am guilty of any impropriety in referring to the resolution of a former parliament. I have to lament, and it would be miserable affectation not to acknow- ledge it, that the petitions against the claims of the Catholics are very numerously and very respectably signed. I have to lament that there are still in my native country many individuals, enlightened in other respects, but fallible on the subject of religious distinctions. I have also to lament and condemn the venomous manner in which some of these petitions denounce the Catholics. I will avoid the example ; and, in the allusions which I may find it necessary to make to the Protestant petitions, I will speak of those from whom they have proceeded with the highest respect. I respect and love many of them, I dissent partially from their opinions ; but I respect and love them personally. Nay, more ; I will consider them not as pre- sent enemies, but as future friends to the Catholics. They live in the same country, they are embarked in the same cause, they have the same battles to fight against the common enemy for the common interest. Never can it be my wish to w r iden the breach between great bodies of men. The particular object of the Catholic petition is general concord. Never can I think that any difference in religion must necessarily lead to civil discord. Never can I believe that revelation came down to us a firebrand, to justify parliament in withholding from a part of the subjects of the realm their just rights. Sir, I am the more induced to hope that the cause which I have undertaken humbly to advocate, will ultimately be successful, because I recollect that in the Irish Parliament of 1792, some general and strong resolutions were adopted against the claims then made by the Catholics, and that, in the next session, more was actually granted to the Catholics than they had claimed. The understanding of the Irish parliament enlarged with the exigency of the state. I trust that this will be the case with us. With this view to the ultimate suc- cess of Catholic emancipation, I beg leave to make a few observa- tions on the anti-Catholic petitions on your table, using that liberty with the arguments they contain, that my cause may require, but CATHOLIC QUESTION. 357 maintaining the greatest respect for the persons who have signed them, and whom, I am persuaded, are sincere in that which I, never- theless, consider to be a very mistaken view of this most important subject. In the first place, I object to the manner in which, in many instances in this country, and more particularly in Ireland, these petitions have been obtained. In Ireland, they have been the con- sequence of a requisition to the sheriffs of the respective counties, to call a meeting of the Protestant inhabitants. Now, it appears to me to be exceedingly objectionable for a public officer to call the people together in sects, and to give to a private and party meeting the authority of a public assembly. Again, it appears to me exceedingly objectionable, thus to separate religious sects, and to give the semblance of public authority to religious animosities. I object again to calling one part of his Majesty's subjects to petition against another ; and still more do I object to their petitioning another country against the liberties of their own. Sir, I beg not to be understood as casting any reflections on the Irish Protestant petitioners ; but their object has evidently been neither more nor less than this — to entreat the parliament of this country not to grant civil liberty to the great body of the people of Ireland. They petition us to inflict on their countrymen a sentence of perpetual incapacity : they petition us to announce to Ireland the destination of being for ever a divided colony, and to impress on the general sense an acquiescence in the necessity of this being a divided empire. Sitting for a moment, they have given judgment for eternity. Let us consider a little their reasons for this judgment. One of the first observations which these petitions contain is, that the tone which the Catholics have assumed, renders it unwise to grant their claims. But that is not the question. We are not in the par- liament of the United Empire entering into an examination of the arguments that may have been urged in this or that body. We are not inquiring whether Mr. A or Mr. B may or may not have spoken too freely. What has the conduct of any particular assembly to do with the great body of the Catholics ? The question is, Shall the great body of the Catholics of Ireland be emancipated ? The opponents of the Catholic claims say, that they ought not to be emancipated, because Mr. Fitzpatrick published a libel. But this is not a question dependent on such circumstances, I do not say that there may not have been much warmth exhibited in discussions in Ireland ; but I say that the question is, Can you in any of their pro- ceedings, charge tf j £ Catholics with want of allegiance ? It is a 358 CATHOLIC QUESTION. question of allegiance. If it can be proved that the Catholics of Ireland have shown a disposition adverse to royalty, then my motion ought to be rejected. But if, on the contrary, there does not appear any disaffection in their proceedings, in their speeches, or in their general conduct, then the resolution of thanks to the Irish Catholics, which was involved in the resolution of thanks to the army who gained the victory of Salamanca, should be followed up in its full and genuine spirit, and the Catholics of Ireland should be considered as entitled to the same civil liberties as the other loyal subjects of his Majesty's empire have a natural and legal right to possess. Having thus stated the question to be one of allegiance, let us proceed, sir, to examine how the an ti- Catholics have made out their case. They say that the Catholics desire political power. Why should they not ? Why should they be sentenced to utter and hope- less exclusion from all political power ? But, sir, the Catholics have not applied for political power. They have applied for political protection, and no farther for political power than as political power is inseparable from political protection. The Catholics, having given pledges of their allegiance, desire not to be bound in fetters from which their fellow-subjects are free ; they desire not to be taxed without their own consent ; they desire not to be tried by persons who are exclusively partizans — not only partizans, but who are actually covenanted against them. To the inquiry, " What is your wish ?" they reply, " W T e wish for our liberties. We do not demand this or that office, but we desire to possess our just civil qualifica- tions". Do you understand them? Is this ambition? If it is ambition, then was Magna Charta ambition — then was the Declara- tion of Rights ambition. Protection, not power, is the request of the Catholics. The Catholic petitioners ask for protection ; it is the Protestants who ask for power. The Protestants ask for the ascendency of* their sect ; the Catholics ask for the ascendency of the law. Let me repeat, that I wish to treat the Protestants with all possible respect. It is natural that they should be tenacious of their peculiar privileges. But, unquestionably, they desire, by their petitions, to keep all the patronage of Ireland in their hands ; to maintain a continued ascendency : to govern the other sects in the country. While the Catholics only desire in their petitions that the whole should be governed by an equal law, the Protestant petitioners assert, that the Catholics want power in order to make laws for the Protestant church. No ; they only desire, as I have before stated, not to be taxed without their own consent — not to be tried by par- tizans, or juries called by partizans. Their prayer is, that the Pro- CATHOLIC QUESTION. 359 testant church should be governed, not by Catholics, but by Pro- testants ; for the Catholics know, and the Protestants know, that under any circumstances, and after any concessions, the majority in this House must be Protestants, and that by that majority the laws for the Protestant church must be made. But the members of the Protestant church who have petitioned us, desire us to make laws exclusively for the Catholic church. They wish to control the conscience of the Catholic, as well as to bind him in other respects. They are willing to receive the tithes of Catholic labour, but they desire to exclude the Catholic from a participation in the blessings of the constitution. Their argument is this : " The persons who regu- late the Protestant church should be of that church ". Why, then, all the Scotch members of this House ought to be sent away. All who do not profess to hold the doctrines of the Church of England ought to be sent away. The tendency of the argument of these gentlemen is, that we ought to have a church government. But ours is not a church government, it is a representative government ; it includes all classes, all religions, all descriptions of persons, except the Catholic and the churchman. The principle on which these gentlemen insist will prove fatal. If you confine the enjoyments of the constitution to the limits of the Church of England, you will endanger the empire ; if you extend it to all religious persuasions, you will place the empire in a state of security. The parliament is justly called imperial. It is not a partizan. The Catholics of Ireland make a part of the third estate. Is it not so ? Is not the great body of electors in Ireland Catholic ? Does it not follow, that a part, and that no inconsiderable portion, of the third estate is already Catholic ? And can we for a moment sup- pose, that this is incompatible with the genuine principles of the British constitution ? But the fact is, sir, that the Protestants will and must have the ascendency in the state. The great population of the empire is Protestant ; the great property of the empire is Pro- testant. This ascendency the Protestants have a right to possess ; but they ought to possess it, not by the exclusion of their fellow- subjects from a participation of civil liberty, but in virtue of their superior numbers and property. Sir, in the provision for the royal authority being exclusively Protestant, the Protestant interest has another great and wise security for the maintenance of its ascendency. The admission of the Catholics to their civil rights will be entirely coexistent with the maintenance of the Protestant ascendency ; and, by granting that admission, you will strengthen and fortify the whole empire. To grant the Catholics their privileges will be to identify 360 CATHOLIC QUESTION. the people; for it is by granting them their rights that you must expect to identify them, and not by keeping them in chains. To grant the Catholics their privileges, maintaining the just ascendency of the Protestants, will be much more effectually to support the state, and much more effectually to support the church, than either can be supported by a monopoly of power, and without that identification of the people of the two countries, which such a measure alone can insure. Superficial, indeed, are the arguments of the opposers of emancipation ; they think, that the admission of five or six indi- viduals (such men as Lord Fingali and other enlightened members of the Catholic body) into parliament will be productive of injurious consequences ; but to the alienation of four or five millions of per- sons out of parliament, they attach no importance ! A right honourable gentleman has talked of the pains and penalties which, as he thinks, were justly inflicted on the Catholics at the time of the Revolution. They were not, however, the effects of the Revolution, but took place long after the reign of Queen Anne. As to the ex- clusion of the Catholics from political power at the period of the Revolution, that was not an original idea at that period, but arose out of, and was founded on, the fabricated plot of Titus Oates, the severities occasioned by which were even mitigated at the Revolu- tion. And will parliament make the madness of that time the rule by which the liberty of their fellow- subjects is to be regulated at all times ? " But ", say the anti-Catholics, " toleration in England is greater than in any other country ". Sir, I know very well, that the prin- ciples of every established church are in some degree hostile to toleration ; there is scarcely any church which will tolerate so exten- sively and liberally as a wise parliament ought to do. But when it is maintained that toleration in England exceeds that of any other country, and that it is perfect, I must declare my opinion to be the reverse. Abroad, in Catholic countries, persons professing a difference of religious sentiments, enjoy not only toleration, but qualification. At home, in a Protestant country, persons professing a difference of religious sentiments, are not only disqualified, but hardly tolerated. Abroad, sectaries enjoy toleration, united with qualification. Here, they have a scanty toleration, united with pains and penalties. In France, for instance, no man is disqualified on account of his religious opinions. In Hungary, toleration and qualification are completed. I will read an edict issued by the Hungarian Diet in 1791. It declares, "that all persons shall have free exercise of their respec- CATHOLIC QUESTION'. 3r;i tive religions, with full liberty to build churches, erect steeples, found schools, form church-yards, and so forth, without impediment". So much for religious toleration. Now for civil qualification. The edict proceeds to say, that " the public charges, offices, and honours, high or low, great and small, shall be given to native Hungarians who deserve well of their country, and who are competent to hold them, without any regard to their religious persuasion". This is the declaration of a Popish diet. This proceeds from one of those nations, which, according to the anti-Catholics, has no idea of tolera- tion, as compared with this country! This Catholic government gives not only toleration, but qualification, and the Catholic Church acquiesces in the gift. We give toleration without qualification, and we accompany that toleration with pains and penalties. The auti-Catholic petitions require that those pains and penalties should be continued. The petitioners seem totally ignorant of the real state of things. They declare generally (mayors and corporations) that the principles of the Catholics are the same as they were at the worst of times. They state, and they state it after the demolition of the Vatican, after the prostration of the Inquisition, after the fall of the Pope, that religious toleration and civil qualification ought not to be granted, which is allowed in every great country in Europe, England excepted. They assume that to be true in argument which is false in fact. They quote Catholic writers, who have said that the fathers and they hold (he same opinions; and on this the anti-Catholics found a monstrous misstatement. Sir, the Catholics of the present day have evinced their principles by their oaths. They have abjured every criminal tenet attributed to their ancestors. In taking an oath framed by a Protestant, enacted by a Protestant parliament, and going into the minutice of rejection, the Catholics have acquitted themselves, by a solemn obligation, of the principles formerly imputed to them. They, never- theless, maintain, that there is no difference of opinion between them and their ancestors, because they maintain that their ancestors were charged unjustly with entertaining criminal opinions. This defence of their ancestors has been converted into a crimination of themselves, and they are suspected of maintaining doctrines, an adherence to which they deny on oath. It is said by the anti-Catholics, that the Catholics have been, and are always the same. The Catholics allow, that a true Catholic was and is always the same ; but they add, that a criminal Catholic is not a true one. " But the Catholics are enemies to the Church of England". Sir, this is a very hasty and imprudent assertion; it is 362 CATHOLIC QUESTION. one calculated to make the Catholics that which they are not, enemies to the Church of England. If it proceeded from high authority, it might be seriously dangerous ; but coming as it does from persons, however respectable, whose opinions are not entitled to very serious consideration, it may be comparatively innoxious. Sir, why should the Catholics be enemies of the Church of England ? If the endea- vours of the Catholic to obtain his civil liberties be opposed by the Church of England, then it is not the Catholic that is the enemy of the Church of England, but the Church of England that is the enemy of the Catholic. What is it, Sir, that is to make a Catholic an enemy to the Church of England? Is it his doctrines ? Is it the doctrine of penance, of absolution, of extreme unction ? The affirma- tive would subject the affirmer to the most just ridicule and scorn. So much for the hostility of the Catholics to the church. But it is said further, " the Catholics are enemies to the state". Some honourable members on the other side of the House observed, that they were so "in principle In principle ! Sir, I deny it. How are principles to be ascertained but by actions ? If they are enemies to the state, let us go into the committee, and let those who allege that the Catholics are enemies to the state, support their allegations by evidence. If they plead the canons of the council of Lateran, of Constance, of Trent, I will produce authority of a much higher description; I will adduce the testimony of the parliament of the united empire ; I will quote the thanks of that parliament unani- mously voted to the armies, of which a large component part was Catholic, for the most important service rendered to the state. Sir, the opponents of the Catholics go on to assert, that they are enemies to liberty. What ! the authors of Magna Charta enemies to liberty ! And have the Catholics shown no other attachment to liberty ? I say that the very declaration of rights, which, on the motion of the right honourable gentleman opposite, was read by the clerl^ sufficiently shows the love of the Catholic to liberty. For what does that declaration ? It does not enact new laws, but it reaffirm* those which the declarers found already established ; and by whom were they established ? Who were their authors ? The Catholics ; those alleged enemies of the church : those alleged enemies of the state ; those alleged enemies of liberty ! Why did the legislature, at the period of the Revolution, go further than to declare the law ? Because the Roman Catholics had not only been friendly to liberty, but had so established the principles of liberty by statute, that the wisdom of the reformers could not exceed their distinct enact- ments. CATHOLIC QUESTION. 363 Sir, what is the amount of the charge now preferred against the Roman Catholics? That they are governed and swayed by all those canons which, they contend, have been grossly misinterpreted, but which, however interpreted, they have forsworn. They are accused of maintaining the deposing power of the Pope, of cherishing regi- cidal principles, and of asserting the right of perjury. On these assumptions, and in this enlightened age, the Catholic is not only not admitted to the constitution, but formally excluded from it. Sir, I defy those who are hostile to Catholic concession to support their positions by any thing but by these canons, nugatory, contemptible, obsolete, and denied by the Catholics themselves. What were the answers made by the universities of Salamanca, Paris, Alcala, Louvaine, Douay, and St. Omer's, to the questions put to them ? [Here Mr. Grattan read the following questions proposed to those universities :] " First, Has the Pope, or cardinals, or any body of men, or any individual of the Church of Rome, any civil authority, power, juris- diction, or preeminence whatsoever, within the realm of England ? " Second, Can the Pope, or cardinals, or any body of men, or any individual of the Church of Rome, absolve or dispense with his Majesty's subjects from their oath of allegiance, upon any pretext whatsoever ? "Third, Is there any principle in the tenets of the Catholic faith, by which Catholics may break faith with Protestants, or other persons differing from them in religious opinions, in any transaction, either of a public or a private nature ?" Sir, continued Mr. Grattan, on the best authorities, I can assert that those learned bodies were disposed, not to deny, but to ridicule the opinions imputed to them ; not to reject, but to scorn them. They, however, answered, that the Pope had no such deposing power, and that, as to the supposition that the Catholics would keep no faith with Protestants, they were almost ashamed to say anything on the subject. Sir, a book has been alluded to, used by the indents at Maynooth ; and it has been adduced as decisive evidence, not only of the criminal principles of the Catholics, but as a proof of the criminal principles which the posterity of the existing Catholics were doomed to imbibe, by its being rendered available to the purpose of then' education. These criminal principles are the authority of the Pope to depose royal authority, the consequent regicidal disposition of the Catholics, and the tenet that no faith is to be kept with heretics. The work I allude to, Sir, is called Tractatus de Ecclesia; and, with the permission of the House, I 864 CATHOLIC QUESTION. will read several passages to show how baseless their assertions are. [The right honourable gentleman here read some extracts from the book in question. They stated that Christ had not granted to St. Peter direct or indirect power over the temporal concerns of kingdoms ; that by the kings and emperors of states alone the supreme temporal establishment of them ought to be held ; that the declarations of pontiffs were not to be considered as infallible, or as points of faith which it was necessary to salvation to believe.] Here then, Sir, said Mr. Grattan, is a book which has been traduced as a concentration of evils, and it appears that it enjoins principles directly the reverse of those which have been ascribed to it. When such are the misrepresentations that are circulated, the result is not surprising. But there is another work of higher authority, to which I wish to refer. I mean the Common Prayer Book of the Catholics. [The right honourable gentleman here quoted several passages from the Catholic Prayer Book, the tenor of which was, to declare that no general council, much less a papal consistory, had the power of deposing sovereigns, or absolving subjects from their alleigance ; that the Pope had no authority, direct or indirect, over temporal affairs ; that, notwithstanding any papal interference, all Catholic subjects were bound to defend their king and country at the hazard of their lives and fortunes, even against the Pope himself, should he invade their country ; and that the alleged duty of Catholic subjects to murder their princes, if excommunicated for heresy, was impious and execrable, being contrary to all the known laws of God and nature.] I have another instance with which I shall beg leave to trouble the House, and which would go to complete the chain of proofs that show the Catholics are not without principles of allegiance, and which would acquit them of every charge and imputation on their loyalty. It is the oath taken by the Catholics, according to the 33rd of the King, in Ireland, after the oath of allegiance. "I, A. B., do hereby declare, that I do profess the Roman Catholic religion. " I, A. B., do swear, that I do abjure, contemn, and detest, as unchristian and impious, the principle that it is lawful to murder, destroy, or any ways injure any person whatsoever, for or under pre- tence of being a heretic ; and I do declare solemnly before God, that I believe that no act in itself unjust, immoral, or wicked, can ever be justified or excusedby or under pretence or colour that it was done either for the good of the church or in obedience to any ecclesiastical power whatsoever : I also declare, that it is not an article of the Catholic CATHOLIC QUESTION. 365 faith, neither am 1 thereby required to believe or profess, that the Pope is infallible, or that I am bound to obey any order in its own nature immoral, though the Pope, or any ecclesiastical power, should issue or direct such order ; but, on the contrary, I hold that it would be sinful in me to pay any respect or obedience thereto : I further declare, that I do not believe that any sin whatever, committed by me, can be forgiven at the mere will of any Pope, or any person or persons whatsoever ; but that sincere sorrow for past sins, a firm and sincere resolution to avoid future guilt, and to atone to God, are previous and indispensable requisites to establish a well-founded expectation of forgiveness ; and that any person who receives absolution without those previous requisites, so far from obtaining thereby any remission of his sins, incurs the additional guilt of violating a sacrament : and I do swear, that I will defend, to the utmost of my power, the settlement and arrangement of property in this countiy as established by the laws now in being : I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, for the purpose of substituting a Catholic establishment in it3 stead ; and I do hereby solemnly swear, that I will not exercise any privilege to which I am or may become entitled, to disturb and weaken the Protestant religion and Protes- tant government in this kingdom. — So help me God. " I, A. B., do hereby declare, that I profess the Roman Catholic religion. " I, A. B., do sincerely promise and swear, that I will be faithful, and bear true allegiance to his Majesty King George the Third, and him will I defend to the utmost of my power, against all conspiracies and attempts whatsoever that shall be made against his person, crown, or dignity : and I will do my utmost endeavour to disclose and make known to his Majesty, his heirs and successors, all treasons and traitorous conspiracies which may be formed against him or them : and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the crown ; which succession, by an act, entitled, 6 An act for the further limitation of the crown, and better securing the rights and liberties of the subject', is, and stands limited to the Princess Sophia, Electress and Duchess Dowager of Hanover, and the heirs of her body, being Protestants ; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of these realms : and I do swear, that I do reject and detest, as an unchristian and impious position, that it is lawful to murder or destroy any person or persons whatsoever, for, or under pretence of, 366 CATHOLIC QUESTION. their being heretics or infidels, and also that unchristian and impious principle, that faith is not to be kept with heretics or infidels : and I further declare, that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommuni- cated by the Pope and council, or by any authority of the See of Rome, or by any authority whatsoever, may be deposed or murdered by their subjects, or any person whatsoever ; and I do promise that I will not hold, maintain, or abet any such opinion, or any other opinions contrary to what is expressed in this declaration : and I do declare that I do not believe that the Pope of Rome, or any other foreign prince, prelate, state, or potentate, hath, or ought to have, any temporal or civil jurisdiction, power, superiority, or preeminence, directly or indirectly, within this realm : and I do solemnly, in the presence of God, profess, testify, and declare that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatever, and without any dispensation already granted by the Pope, or any authority of the See of Rome, or any person whatever, and without thinking that I am, or can be, acquit- ted before God or man, or absolved of this declaration, or any part thereof, although the Pope, or any other person or authority what- soever, shall dispense with, or annul the same, or declare that it was null or void. — So help me God". Now, I ask, what further answer do you require to the charges urged against the Catholics ? There is a further — an indictment or information ; a criminal proceeding is the only answer. The petitioners against the Roman Catholics may say what they choose as to their good intentions ; but with respect to the pamphlets which charge them with murder and treason as their creed, they must charge them with perjury also. If such a pamphlet was written against my Lord Fingall or Sir Edward Bellew, the printer would say in vain that he did not mean such an imputation. Suppose Lord Fingall should indict the author, would he be suffered to produce the canons in his defence ? Would my Lord Ellenborough, or my Lord Kenyon, suffer him to extenuate the offence by citing the decrees of the council of Constance or of the council of Trent ? No. But the author might urge in his defence, that he had no particular meaning injurious to Lord Fingall or Sir Edward Bellew, but to only four millions of His Majesty's Catholic subjects. But there is another refutation of such a charge against the Catholics — the impossibility of its truth. It amounts to such a pitch of moral turpitude as would burst asunder the bonds of civil and CATHOLIC QUESTION. 3G7 social intercourse, it would be a dissolution of the elements of society, and of the elastic principle which binds man to man. It is not merely unfounded, but monstrous ; it is not in the nature of man, but in the nature of sects, which, when they contend for power, charge each other with what they know to be false. But there is another argument which I hope the learned divines will excuse me for adverting to. It is, that the Christian religion, or its clergy, are such as to be so described. I will see the tenets of the petitioners against the Catholics ; I will first examine them when they pray, and then when they petition. "When they pray, they address the Deity as a God of mercy and beneficence, who sent His Son on Earth to spread religion, and peace, and love, amongst mankind. When they petition, they suppose that the Deity has abandoned His own revelations ; that the human species are sunk in barbarism ; that Christians are become monsters ; and that the Deity, driven from other nations in Europe, is only preserved by the English divines, the colleges, and corporations. This doctrine goes to establish an exclusive right to power and profit, and, when eviscerated, is nothing more than a contest for those objects. I beg to be understood as speaking with the* utmost respect for those divines who have petitioned against the Catholics, but I must take some liberty with their arguments. I do not dispute the purity of their motives, I only quarrel with the nature of their opinions ; and I hope that the time is not far distant when I shall see the division of sects lost in the union of principles, and behold every denomination acting as one people in one common cause. For what is it, that you would exclude a great portion of your fellow-subjects from the participation of civil rights ? They are traitors and murderers according to the tenets which they profess! Here then is a proposition by which you would exclude one-fifth of your population from the benefits of the constitution, in order to drive them iuto those crimes with which you charge them. If you go on, you will scold yourselves out of your connexion. I hope, however, that parliament will consider, whether the elements of concord may not be found amidst this apparent dis- cord. You say, on the one part, that there are legitimate objections, and you enumerate the evils that may arise from the removal of the disqualification of the Catholics. But a great portion of the Protes- tants of Ireland have not seen those evils. They have petitioned in favour of the Catholics. I have a book filled with their names in my pocket. I know that it will be said again, that the Catholics insist on conditions. I will not take this argument. You, the parliament, are to frame your bill, and to propose your conditions. 8G8 CATHOLIC QUESTION. The Catholic3 do not see what security they ought to give. They say, that they have already given every security, though a synod of their bishops has declared that they have no indisposition to every mode of conciliation. "We seek for nothing", say they, "but the integrity of the Roman Catholic church" ; but everything which does not trench on the security of their church, or which is necessary for you, they are ready to grant you. They are against making their liberty a conditional boon ; they do not see the necessity of what you demand, but they will give you every security you think necessary, provided it does not derogate from the rights of their church. Then, I say, the privileges of the Catholics and the rights of the Protestant church are perfectly consistent, and parliament should find the means of reconciling them. Give me leave to say, as to the anti- Catholic petitioners, that many of them do not profess themselves hostile to the principle, but anxious about the mode of extending those rights claimed by the Catholics. They do not say : " Exclude the Catholics", but " do not admit the Catholics, unless you take care of our religion". I do not say, that I ani obliged to agree that the church of England is an enemy to the liberty of the Catholics, still less that the people of England are enemies to their liberty ; so far from it, that I would little fear to repose the question on their good sense and sober integrity. I do believe, that if they believed their religion was safe, they would be among the warmest friends of the Catholics. The only point, then, is the security of the Protestant church, and for that they have pointed out the means. They have no right to say, that they are the only judges of the conditions to be imposed, or to tell you that you can only save the church of England by denying their prayers to the Catholics of Ireland. You shall have declared, in the strongest manner, all the securities you can ask ; you shall have the crown and its succession confirmed, as fundamental, unalienable, and sacred ; you shall have the episcopal church of England, Ireland, and Scot- land, as established by law. Some of the petitioners against the Catholics desire the separation to be eternal — I would secure the church and state by identification ; they would do it by patronage — I by union. I would effect every object by bringing in a bill, which should contain such provisions as would guard the rights of the church and the colleges and the corporations, and I would leave other provisions to be filled up by others in the committee, provided they were not filled up in such a manner as to qualify, or rather to neutralise, the liberty you were conceding, or to displace the gift you were bestowing. Such a measure I think practicable, and I know CATHOLIC QUESTION. 369 it to be desirable. The preamble I would make a covenant of concord, in which I would urge the necessity of putting an end to all animosities, national and religious. The two islands have been for two centuries in a state of political contest. I would put an end to it. I would have the liberty of the press unrestained in everything but one — the people should not abuse one another out of their allegiance. They have the French and the Dutch to quarrel with abroad, and they may quarrel with ministers at home, or if they do not like that, they may attack the opposition ; but they should never wage war against each other. It is a system that you cannot put an end to too soon. You are one people. You have but one interest. The outcry which is raised among you, is neither the voice of religion nor the voice of nature, and it cannot be appeased too soon. I would therefore propose as a first step, that the House should go into a committee on the Catholic claims, agreeably to the resolution of the last parliament ; and I will now read the resolution which I shall bring forward in the committee as the foundation of a bill : " That, with a view to such an adjustment as may be conducive to the peace, strength, and security of the English constitution, and the ultimate concord of the British empire, it is highly advisable to provide for the removal cf the civil and military disqualifications under which His Majesty's Eoman Catholic subjects at present labour ; making full provision, at the same time, for the maintenance and security of the Protestant succession to the crown, according to the act of limitations, and for preserving inviolable the Protestant episcopal church of Great Britain and Ireland, and the church of Scotland, their doctrines, discipline, and government, as by law established". Mr. Grattan then moved, " That this House will resolve itself into a committee of the whole House, to take into its most serious con- sideration the state of the laws affecting His Majesty's Roman Catholic subjects in Great Britain and Ireland, with a view to such a final and conciliatory adjustment as may be conducive to the peace and strength of the United Kingdom, to the stability of the Protestant establishment, and to the general satisfaction and concord of all classes of His Majesty's subjects". 370 CATHOLIC QUESTION. March 2, 1813. The debate which ensued on the motion was resumed on the 27th February, 1st and 2nd March, when — Mr. Grattan rose in reply : He would not, he said, at that very late hour, and in the exhausted state in which the House was, enter into anything but a brief comment upon some observations which he had just heard. I am asked, Sir, why I did not come forward with a specific detail on the part of the Roman Catholics of Ireland, of those grievances, the redress of which they now seek from the legis- lature, and the securities which they mean to concede. Had I so proceeded, Sir, in what manner would I have been met ? I should have been answered : "You, Sir, do not speak the sentiments of the Catholic body of Ireland. You do not speak the opinions of the great population of the land; you merely pronounce the decision of a body calling itself the Catholic Board; you bring before the House the proceedings of a set of men unconstitutionally legislating out of the kingdom — a party now coming forward, not with the view to consult, but to command, the legislature of the empire". Such, Sir, would have been the argument by which I should have been received. But the right honourable gentleman opposite (Mr. Bathurst) called upon me to institute an inquiry into the principles of my bill before the proper stage of its discussion, before it should meet with the investigation of a committee. I will do this right honourable gentle^ man the justice to believe, that his argument in favour of a point so erroneous in principle, so utterly untenable, arises not from his con- viction of the correctness of his logic, but is the result of the ministerial situation in which he is placed. He naturally writhes at the idea o* this discussion, and easily finds objections to articles not founded in fact. You, Sir, in a committee will have opportunities of consider- ing in the most minute manner the nature of that important subject " Catholic Emancipation". It is true, Sir, that from various parts of England and Ireland, a variety of petitions have been presented, which now lie on your table. These petitions are of three different kinds. One class from Koman Catholics praying the removal of disabilities under which the penal statutes had placed them. A second class from Protestant communities, in support ot the claims of their Roman Catholic fellow- subjects ; and a third class, Sir, praying the legislature to guard against the danger arising from granting the prayer of the aforesaid petitions, and imploring parliament to guard the supremacy of the CATHOLIC QUESTION. 371 established church ; the latter, however, in very few instances, object- ing totally to the nature of these claims, provided sufficient securities were at the disposal of the state. Very few in England, Sir, very few in Ireland, very few in the empire, are hostile to this discussion. On the contrary, the great majority are favourable to the principle of emancipation ; the qualifications of w T hich (if any be deemed necessary) will be the matter to which I would call the attention of the House, should we go into a committee. The right honourable gentleman, Sir, has expressed his displeasure at my remarks on the means which have been resorted to in this country, and, in many ins tances, by individuals professing our religion, to procure some petitions, which your clerk has read. I would not, Sir, indulge in any unconciliatory remarks upon the clergy of the country. But when the under-clergy of this country charge my countrymen with the crime of holding principles dangerous to the community, with the profession of tenets hostile to the existence of the state, I shall not withhold my astonishment at such a calumny ; nor shall I silently submit to the propagation of such libels, without those severe animadversions against them which their conduct deserves. And here I most solemnly protest against the foulness of those pro- ceedings. The honourable gentleman (Mr. Yorke) has been so completely answered by the honourable gentleman opposite (Mr. Canning), that I have little to add upon the inconsistency of his vote. I shall merely confine myself to that part of his speech, in which he directed the bill of rights to be read, and pronounced any repeal of the penal laws to be at variance with the solemn enactments of that celebrated law. I am the more led to remark upon this passage, because it was afterwards enforced by the secretary for Ireland.* These official gentlemen contend, that the exclusion of Catholics from parliament forms a part of the bill of rights. In answer to the assertion, Sir, I shall produce the authority of parliament, and refer them to an act of Queen Anne. I shall therefore, Sir, upon their own document, refute their own principle. [Here the right honour- able gentleman read some extracts from this act, at the time of the Union of Scotland, also from the Irish statutes, the tenor of which was, " that every person in Great Britain, until parliament should otherwise direct (the right honourable gentleman particularly called their attention to this reservation), should take the oath prescribed".] He concluded by contending, that any man of the plainest capacity, need only read the oath, to be fully satisfied that it was a conditional, • Mr., afterwards Sir Robert Peel. 372 CATHOLIC QUESTION. not a fundamental provision. " I leave to this House to consider its construction ; that which is plainly and obviously accompanied by a provisional reservation, can never be recorded as a fundamental enactment". March 9, 1813. Mr. Grattan said, he had thought it unnecessary and inconvenient the other night, when the House showed the greatest anxiety to come to a decision on the question, to go at large into any reply to the arguments against his motion. He would now, however, remark upon several of them ; and in doing so, he thought it rigL , to observe, that he had made an alteration in the resolution, as it was originally proposed. It did not, however, at all alter the principle, but merely modified the terms in which it was expressed. The alteration, which he was sure could not meet with the disapprobation of the opponents of the measure, was to this effect : That the House would take measures for restoring to the Catholics the privileges of the constitu- tion, subject, however, to certain exceptions, and under such regula- tions as might be deemed necessary to support the Protestant establishment in church and state. This was a suggestion proposed by a right honourable gentleman, with whom, in principle, he com- pletely agreed : and he did most willingly comply with it, not as any dereliction of the principle, but as a modification of the terms in which it was conceived. With regard to the church of Scotland and the people of that communion, they seemed to be perfectly acquiescent in the wisdom of parliament on this question. It was of great importance to the motion, that he could say that the presbytery of Scotland were not hostile to the measure of concession and conciliation. The presbytery of Edinburgh was, indeed, against the Catholics, but that of Glasgow was favourable ; and he might conclude from their not having petitioned, that the great body of the church of Scotland was friendly to the Catholic cause. Nor could it be maintained, that the church of England, generally speak- ing, was against the principle, though many of its members had been more active in opposing the measure than the Scottish clergy had been ; and though it may be granted, that many of the clergy were not placable, yet it did not follow as a truth, that the people of England were in general hostile to the communication of their own privileges to the people of Ireland. The opposition to the Catholic claims was respectable ; but at the same time they had CATHOLIC QUESTION. 373 received great and efficient snpport. Notwithstanding the opposi- tion, to which he would not deny the name of respectable, how were we warranted to say, that the people of England were against the motion, when so few great bodies had expressed their opinion? If such was the case with the people of England, sure he was the great body of the Protestants in Ireland were still less unfavourable. The most respectable of the petitions from that part of the empire also, were not founded on the principle of opposition, but on the principle of security to existing establishments. He had no doubt, in short, that the weight of Ireland, both in point of property and respecta- bility, was decidedly in favour of the Catholics. But supposing the sense of the nation was divided on the subject, this furnished, in his mind, a decisive argument for finishing the con- troversy by the wisdom of parliament : if they found the country in a dispute, it was their duty to temiinate it as soon as possible. The truth was, that too many at present of those who enjoyed the privi- leges of the constitution, founded their arguments for exclusion on topics which affronted and insulted those who were placed out of this constitution ; the controversy, therefore, must proceed to mis- chief, unless the wisdom of parliament interfered. He was con- vinced that many people in England, who signed these anti-Catholic petitions, did not understand the ultimate object to which they led, but were influenced by misconceptions and prejudice;:. If, for instance, they were asked, in plain terms, whether they believe the Catholics were enemies to liberty, and disaffected to government, he had little doubt they would answer in the negative ; but one oppo- sition naturally begot another, and at length, by the mutual warmth of controversy, it might become a question, whether one-fifth of the population was well affected to the government or not. There was no saying where such disputes might end. He regretted that so many of the clergy had shown a disposition to place the securitv of the church on the principles of exclusion. By so doing, they did all that lay in their power to place it on principles which might be fatal to its existence. With respect to the enemies to the Catholic cause, what had they done ? They had petitioned for a monopolv, and said that the concession of the claims would be dangerous, it was a subject fatal to the Protestant monopoly and the Protestant church. This party was for a perpetual division, and desired par- liament to exclude a great portion of the people from the benefits of the constitution ; and upon what grounds ? upon an argument that tended ultimately to force them out of the empire. He would again revert shortly to the arguments that were clothed 17 374 CATHOLIC QUESTION. with the sacred name of the act of settlement. He allowed that it was a part of the act of settlement to exclude the Catholics, but it was by no means an essential part which could admit of no alteration. In the act of Union with Scotland, the oath was declared to be sub^ ject to future regulation ; for it was declared, that it should remain as it then was, until otherwise provided for by parliament. This sufficiently manifested the power of parliament to interfere : and w r hen his opponents set forth the consecration of the act of settlement, as an insuperable barrier, he should reply to them with this pro- visional act of parliament, which declared that the oath was not fundamental, but subject to future regulation. At the time when the Union with Ireland was under consideration, it did not appear that it was deemed fundamental. Some of those who were concerned in that measure were still alive and in the House ; and were they, now that they had attained their object in gaining the Union, pre- pared to say, that they looked upon that at this day to be funda- mental which they then allowed to be provisionary ? But the argument upon which some honourable gentlemen mainly rested, was the incompatibility of all the plans that had been pror posed. His answer was, that a diversity of opinion, as to the mode of effecting Catholic emancipation, was by no means fatal to unity of principle with regard to the object. All were agreed, that the Church of England, the Church of Scotland, and the Church of Ire- land, should be amply secured and maintained. Here, at least, was concord. If you are agreed that the Catholic religion was consistent with the welfare of the state, you might have different modes of con- ciliation, but you were agreed as to one essential point. His right honourable friend under the gallery (Sir J. C. Hippesley) and him- self might think differently as to the particular limitations and excep- tions ; any plan indeed to be proposed, would of course be a subject of modification and matter of debate. When the House resolved to go into the committee, they, in fact, decided that Catholic emanci- pation, however a question of difficulty, was not a question of im- possibility. The question, indeed, before the committee, might be comprehended under three heads ; the first was, give full liberty to the Catholics ; the second, establish the church by every requisite security ; and the third, impose no conditions incompatible with the Catholic faith. These were the heads of what he should have to propose. It had been said, that Mr. Pitt had sunk under the difficulties which the subject presented ; and as a proof of this it was added, that he never had communicated his plan. But it was certain that CATHOLIC QUESTION. 375 Mr. Pitt went out of office in 1801, not because his plan was im- practicable, but from other well-known obstacles. He did not think so in 1799, or in 1800, and from his communication through the late Marquess Comwallis to the Catholics, it did not appear that he deemed the measure impracticable in the following year. That person, on that occasion, sent the letter he alluded to to the Catholics of Ire- land, in which he told them, that, " by acting with moderation, and pursuing a loyal and dutiful line of conduct, they would afford additional grounds of argument to the growing number of their advo- cates in this country, till their object was ultimately attained". Such was the language of the letter which Mr. Pitt caused to be transmitted to Lord Fingall, Dr. Troy, and others. What, again, did the Marquess Comwallis say on that veiy occasion ? He gave his formal opinion, annexed to the same communication, that the measure of emancipation was necessary for seeming the connexion between Great Britain and Ireland. Again, when the question was brought forward by Mr. Fox in 1805, there was nothing in the language of Mr. Pitt to show that he considered the measure imprac- ticable. He said, there was a bar to its agitation, the nature of which was sufficiently understood, but never that it was impracti- cable. He differed as to the right, but not as to anything that con- cerned the question as a measure of regulation. He even alluded to the plan which he had entertained, as consisting of a variety or regulations. Nine months after this period Mr. Pitt died ; so that we are now called upon to believe, that what he contemplated as practicable for six years, within these nine short months he found out to be impracticable. But what were the difficulties under which the mind of Mr. Pitt was supposed to sink? "Why, they were the difficulties, of promoting meritorious Catholic officers on the staff of the army ; of admitting such men as Lord Fingall into the House of Peers, and as Sir E. Bellew into the House of Commons ! These were the mighty difficulties under which his mind was supposed to have sunk — he who had the ability to destroy seventy Irish boroughs ! There was a difficulty started in the Irish parliament, at the time when it was proposed to grant the Catholics the right of voting at Sections ; it was then said, that an inundation of Popery would -sweep away everything before it. But what were the effects of this restoration of Catholic rights ? Ireland had evidently gained by it; the elections were more free and independent; they were now founded, not on monopoly, but on property and respectability. In addition to Mr. Pitt, he begged leave to name Mr. Burke, Mr. Fox, and Mr. Wyndham, distinguished statesmen and philosophers, 376 CATHOLIC QUESTION, and strenuous supporters of the Catholic claims. He might also enumerate men of learning, like the Bishop of Llandaff, and the Bishop of Norwich, a name that would be ever respected, and which was dear to every friend of religious liberty and social freedom. It was also remarkable, that the Lord-lieutenants of Ireland, for the last fifty years, were uniformly in favour of them. Lord Fitzwilliam was decidedly so ; Lord Camden, who went over to Ireland with opposite sentiments, and who lived in that country at a most trying time, when he could not avoid knowing the opinions of the Catholics, was ultimately for concession. He, too, was the friend of Mr. Pitt, and might be supposed not unacquainted with the sentiments of that individual. Lord Cornwallis publicly declared it essentially neces- sary for preserving the connexion between Great Britain and Ire- land. This was the practical conclusion formed by a statesman and a soldier, at a most critical period of Irish history, and was entitled to the utmost respect. Lord Hardwicke did not go over a friend to the measure ; but after some years' residence as Lord-lieutenant 5 he altered his opinion, and now supported it by his vote. His right honourable friend, the late secretary for Ireland (Mr. W. Pole), had, at first, opposed the Catholics on account of the obstacles that existed in certain quarters to the granting their claims ; but when, by the removal of the restrictions on the Prince Regent, such obstacles were done away, and after his right honourable friend had derived, from five years' official residence in Ireland, a high degree of experience on this subject, he had voted in favour of the Catholics, and had stated, that, in his opinion, the country could not do well without some measure of the kind. He had, for this, been charged, and, in his opinion, unfairly, with inconsistency. His right honour- able friend's mind was not stationary, like the minds of those who made this idle accusation. He showed that it was progressive ; and he was right, for time and circumstances had operated very power- fully in favour of the Catholic question. There was a time when Roman Catholic emancipation would not have been heard of without horror ; but, as had been stated by an honourable gentleman on a former night, the intenseness of the pre- judice had been weakened. Those professing the two religions had advanced much nearer to each other in spirit ; so that, though they still differed on points of faith, they were much more likely than formerly to coalesce in other respects. He intended to propose cer- tain resolutions ; first, that the Catholic disabilities should be removed ; second, that the establishments in church and state ought to be effectually secured ; and he should then propose regulations for CATHOLIC QUESTION. 377 the ecclesiastical courts and other matters, and an oath against foreign influence. It might be demanded of him to state the regu- lations ; but he would not, and for this reason, that under pretence of opposing these regulations, some gentlemen would oppose the principle. He would only say, that if any gentleman on the other side proposed any regulation of security not trenching on the Catholic religion, he would support it ; for he valued the principle so much, that he would not hazard its loss by precipitation and punctilio. His object was to lay the seminal principle of making the inhabitants of the empire an united people. The language we ought to hold was, we are friends to your liberty and to our own religion. Sup- pose he was to introduce a clause into the preamble of his bill, saying, it was necessary that the Protestant succession should be secured, in order to obtain the concurrence of some of those who opposed his measure, would they not then admit that to be provi- sional now, and not fundamental, which they formerly, in their comments on the bill of rights, contended to be fundamental, and not pro visionary ? For his own part, he must say that he valued the principle too much to surrender or lose it for reasons of regula- tion. If once admitted, it would make the empire one, for it was a principle of union and regeneration. If the resolutions were agreed to, he should then move for leave to bring in a bill ; but he was not desirous of precipitating the measure. He thought that time ought to be given for men's spirits to cool ; that they should not legislate without consulting the feelings of the people ; antl that, in the mean time^ they should repose upon the good sense of both countries, and not take any step that would deprive the cause of the benefit of that good sense. It might be asked, why the Catholics did not protest against the violence of some of their own body ? The answer was, that parliament had not given them encouragement. But when the arm of parliament should be once stretched out to the Catholics, there would be many wise and moderate enough to embrace it. By thus evincing a conciliatory disposition towards the Catholics, parliament would at all events show that the fault did not lie with them, should the measure prove unsuccessful. Let them send out the dove, and she will bring back the olive. The right honourable gentleman concluded, by moving, " That, with a view to such an adjustment as may be conducive to the peace and strength of the United Kingdom, to the security of the Estab- lished Church, and to the ultimate concord of all classes of his Majesty's subjects, it is highly advisable to provide for the removal 378 CATHOLIC QUESTION. of the civil and military disqualifications under which his Majesty's* Roman Catholic subjects now labour ; with such exceptions, and under such regulations, as may be found necessary for preserving unalterably the Protestant succession to the crown, according to the act for the further limitation of the crown and better securing the rights and liberties of the subject, and for maintaining inviolable the Protestant Episcopal Church of England and Ireland, and the doc- trine, discipline, and government thereof, and the Church of Scot- land, and the doctrine, worship, discipline, and* government thereof,, as the same are respectively by law established ". May 11, 1813. Mr. Grattan rose, he said, for the purpose of opposing the propo- sition of his honourable friend. He certainly should feel a conside- rable degree of difficulty in answering the speech with which his honourable friend had prefaced his motion ; not on account of any force or cogency of argument observable in it, but from its extraor- dinary length, and the immense extent of the subjects which it comprised. He begged leave, however, before he entered into the consideration of his honourable friend's speech, to return him his most sincere thanks for the great services he had on a former occasion rendered to the cause of religious liberty — services which never could be forgotten, and which rendered it painful to be obliged to differ from him on the present occasion. His honourable friend now proposed, " that a select committee should, in the first instance, be appointed to examine the state of the laws at present affecting the Roman Catholics". Connected with this subject, there were four other propositions, embodied in the same motion, the whole of which proceeded on the supposition that the House were ignorant with respect to the Catholic question. His honourable friend must surely have forgotten, that thirty-five years had now elapsed since the question was originally discussed, and that twenty years had already been consumed in this inquiry. Could he not call to his recollection, that it was brought before parliament in 1791, again in 1792, in 1793, in 1795, in 1805 (on a motion made by Mr. Fox), in 1808, in 1810, twice in 1811, and three times, both in 1812 and 1813 ? Had he forgotten the part he had himself taken in those different discussions, as well as the various books he had published on the subject ? Was it possible that he had lost all remembrance of the victories he had gained, of the adversaries he had put to flight, of the CATHOLIC QUESTION. 379 theological arguments which he had conducted, so ranch to his own honour and so decidedly to the discomfiture of his opponents ? would he now contend (for so in effect he did when he stated that the subject was not understood by the House), that all his labours had been useless, or was it by a very strange excess of self-denial, that he wished to forego the fruits of those victories, and fight his battles over again, giving his enemies ground for claiming a triumph, where they had sustained signal and complete discomfiture ? No ! this was impossible ; his honourable friend's motion was defeated by the services which he had performed ; his very successes in this way deprived him of the power of now saying that the. country was uninformed upon the subject. Under what circumstances were they called on to accede to this proposition ? A resolution had been passed, in which the House stated, 61 that it was advisable to make provision for the repeal of the remaining penal laws", and what was the motion of his honourable friend ? — u that a committee shotdd be appointed for the purpose of inquiring into the grounds on which you, the House of Commons, have resolved that it is so advisable". After a debate, which continued for several days, the House came to this conclusion, " that it was highly advisable to provide for the repeal of those laws", and now they were called upon to enter into an examination of the principles by which they were influenced. With all respect to the House, he would suggest that such a measure would be little short of a disavowal of their own act. If they adopt it, they would tacitly say, that they regretted their admitting the intro- duction of the present bill. They would avow that their resolution was precipitate. The honourable baronet had confessed, that if the effect of his motion should be to get rid of this bill, he thought it would be so much the better. Now, it would be for the House fcc determine, whether it would be right to get rid of the bill in such a manner. The question was not, whether the House w r ould go into this committee merely, but whether they would reject the bill then pending : that, and that only would be the effect of such a procee- ding. It would not be a rejection for six months or for a session, but it would be a rejection for an indefinite period. The whole question of Catholic liberation would be postponed ; not as he had already observed, for a certain period. No ! it would be postponed till all the penal laws were examined. Not merely those laws which were enacted since the reformation, but those which were made before it ; not only our own laws against Catholics, but the procee- dings in colleges and ecclesiastical courts, and all the controversies oa doubtful and disputed points. To demand of them to examine 380 CATHOLIC QUESTION* the laws affecting the Roman Catholics, was in effect to ask them to do that which, in respect to time, could not be done for a very long period. And could it be supposed, that any rational man would agree to a measure which must inevitably put off the adjustment ot this great question for ten or even for twenty years, or could it be sup- posed that any person who wished for the success of the Catholic cause would be satisfied with such a delay ? Could it be supposed that the Catholics could be contented that their claims should be kept back for nine or ten years, until a committee had made a report upon the immense mass of matter which the honourable baronet wished to refer to them ? His honourable friend had alluded to the proceedings in the case of the slave trade, and observed, that the legislative proceedings on that occasion were preceded by the labours of various committees. But it should not be overlooked, that that question was first agitated in 1788, and the bill was not passed till 1807, a period of nineteen years, during which time incessant appeals were made to the justice and humanity of parliament. In fact, if the motion were granted, they would do worse than reject the bill ; because they would do it with a sort of apology which stultified themselves, by a confession of ignorance which they ought not to evince on any subject, and which, on this particular subject, they could not be supposed to possess. He objected to this intended exhibition of the penal laws, because it was not necessary with a view to their repeal, and much matter was contained in them which was calculated to produce discontent and irritation. It was on this ground that an honourable gentleman on the other side of the House had opposed the production of a book which enumerated a considerable number of the penal laws still in existence. That honourable gentleman was of opinion, that no benefit could result from such a statement of grievances ; but they were now called upon to do that by the com- mittee, which, in the particular instance referred to, had been refused, and themselves to furnish those topics for animosity, by holding forth to the public as acts in force, those which were in fact and in practice obsolete. This committee would not only revive the odious name of the penal laws, but it would answer a variety of other purposes. It would be a judicial committee, in which the charges against the Catholic bishops would be investigated ; and whatever the result of such an inquiry would be, he conceived that it was one not at all consistent with the dignity of the House. It would not perhaps actually tax them with disaffection to the government, but it would certainly, whatever might be the extent of then- suspicions or accusations, put CATHOLIC QUESTION. 381 theni and the whole Catholic body on their trial, and this on thesugges- tion of an individual. The committee which the honourable baronet proposed, was not merely to examine the acts of religious councils, but it was likewise to be a committee of diplomacy, for it was to examine all the acts which had been done by foreign states upon this subject ; and until their report could be had, no bill was to be brought in for the relief of the Catholic or the security of the Protestant. After this laborious investigation, a report was to be drawn up ; and, until that report was made, no bill for the relief of the Catholics and the security of the Protestants could be introduced. Therefore, on the same principle which induced him to seize the opportunity of bringing in the bill, he must oppose a motion which would have the effect of frustrating everything that had already been done. In stating the necessity of thus opposing his honourable friend's propo- sition, he could assure him that he felt the highest respect for him personally, and that he gave him full credit for the great sendees he had rendered the Roman Catholic body — services which no difference of opinion could ever obliterate from his mind. Having said thus much, he thought it was necessaiy to state briefly the nature of his bill ; and the more so, because is was said, that it had given great offence in Ireland, and created a flame through- out that country. This assertion he positively denied. As far as his correspondence extended, the Catholics in general were well pleased with the provisions of the bill : the great body professing the Catholic religion were ready to receive, thankfully and grate- fully, whatever the House of Commons thought proper to grant ; and they were willing to give every security, provided it did not trench on their religious principles or their civil rights. The order of the day was for the second reading of the bill for the relief of the Roman Catholics. That bill consisted of four parts: it began first by conceding the right to sit in parliament ; it secondly communi- cated the privilege of voting at elections for members of parliament ; thirdly, it gave to the Roman Catholics corporate lights ; and fourthly, it also opened to them civil and military offices. It was in fact what it was intended to be — a bill of incorporation. There were many penalties now existing in the books, but which were never enforced ; and it would, of course, be desired, that they should no longer exist even in the books. The main object of the bill, however, was a communication of rights and privileges to the Catholics, under such restrictions as should be considered sufficient securities for the Protestant church. By giving the Roman Catholics great political privileges in common with their Protestant fellow-subjects, they 882 CATHOLIC QUESTION". would be incorporated with them ; their present disabilities would be rendered of no avail ; and the remaining penal laws might be swept out of the statute book at any future period. It was said, that some bodies of Catholics not only disapproved of the bill, but had reduced their objections to the form of resolu - tions. He, in consequence of this report, made it his business to inquire very minutely into the fact, and he found that the statement was not true. He learned that the Catholic Board, which was more particularly alluded to, had entered into no such resolutions ; that board had not sanctioned or adopted the sentiments imputed to them in the public papers ; and, therefore, the argument founded on the assumption that they had, was not tenable. It was an argument resting on a report, which report proved not to be founded in fact. When the Catholic Board were apprised of the successful motion which had been made in support of Catholic emancipation, they returned thanks to those gentlemen who had taken the lead on that occasion, and who had been entrusted to frame the bill. They met a second time, but no act of their's could be construed into an abandonment of their former approbation. At the last meeting, they merely resolved to send an additional number of delegates to London, but they expressed no dislike to the measure proposed for the relief of the Raman Catholics. Having, in the first instance, thanked those who were instrumental in bringing in the bill, it was not to be inferred, because they intended to dispatch delegates to London, that they therefore felt dissatisfaction at the measure. And, if the parliament were never to pass an act in favour of the liberty of the subject, because some newspaper opposed it, or to come to an amicable understanding with the Boman Catholics, because some individual thought fit to set his veto upon a particular measure, it would be in vain to think of ever adjusting those differ- ences. Even if the proceeding excited some local dissatisfaction, still, he contended, they ought to go forward. A great measure ought not to be abandoned, because the newspapers or a few indivi- duals opposed their declamation to that which would produce public concord and minister to public security. The whole conduct of the Boman Catholics showed that their gratitude kept equal pace with the benefits which were conferred on them. There seemed to be a regular principle of action and reaction ; and, in proportion as the legislature advanced towards them with feelings of conciliation, they appeared most anxious to afford every facility and accommodation in their power. If they acted on this principle, they would with- hold from the Catholic body what they demanded, and to withhold CATHOLIC QUESTION. 383 it with justice, they must fasten on them the imputation of discon- tent as a body ; but that could not be done. Their letters all breathed a spirit of conciliation which did them infinite honour, and supplied proof of the sincerity of their friendly resolution. They had met advance with advance, and there was no reason for either party to recede. He conceived that the Catholic body had fairly met the disposition manifested by the House to attend to their claims. As it was a general principle in natural philosophy, that reaction was equal to action, so it was found, that as soon as parliament evinced a wish to meet the question, a correspondent wish was manifested by the Catholics to come to an accommodation. On those objections to the bill, which appeared in the public papers (although he would not allow that they came from the Catholic Board), he should make some observations. They appeared to him to be founded in complete mistake and misapprehension. The first objection was, that the bill did not give the Catholic peer a right to vote at the election of peers. This, however, was a mistake ; the bill did grant that right on the new oath being taken. The act of union already qualified every Irish peer to vote for the peers to sit in parliament, provided that they took the same oaths which must be taken by the sitting peers. The present bill made such an alteration in the oath as would allow the Catholic peer to take it, and the new oath formed the qualification for the sitting member, and, being taken by the Catholic peers, generally invested them with the right of voting. It was next asserted, that the bench was not included in the bill. But how could this be supposed, when the bill specifically stated them to be " eligible for all civil offices of trust ", with the excep- tions stated ? The same observation would apply to the objection of the Catholics being excluded by the bill from corporations. They would not be excluded. The Catholics were, by this bill, admitted to all corporate rights. But it was objected, that though their disqualifications might be removed by the provisions of the bill, still they would be excluded in consequence of by-laws. Now, the by- laws alluded to were those which at present imposed the oaths of supremacy and abjuration on those who became members of a corpo- rate body. But by the present bill those oaths were removed, and no corporation could continue them contrary to the law of the land ; therefore the bill granted corporate rights and privileges. It was also contended, that Catholics were by this bill excluded from colleges, and prevented from becoming guardians to Protestants. Neither of these assertions was better founded than those which he 384 CATBOLIC QUESTION. had already referred to. The bill only excluded them from being on what was called the foundation of Protestant ecclesiastical colleges. In this respect, it was thought proper that the law should stand as it is at present. Neither would the Catholics remain excluded by the present bill from the power of being guardians to a Protestant ; and a recent decision of the Lord Chancellor for Ireland (Lord Manners) made it doubtful whether they could be so excluded as the law now stands. These, he believed, were the principal objections to the bill ; but they were not made by the Catholic Board ; they were objections which arose to the minds of individuals ; but he had no hesitation in saying that they were unfounded. By the bill, the Catholics were admitted, first, to the right of election ; second, to corporate rights ; third, to franchises ; fourth, to the bench ; fifth, they were not excluded from colleges; and sixth, they were not prevented from acting as guardians to Protestants. On the whole, it was a bill of incorporation ; a bill granting substantial emancipation to the Catho- lics, and at the same time affording ample securities to the Protestant establishment. Another objection had been made, that the bill did not go upon the general principle of liberty of conscience, and did not compre- hend other classes to which the Catholics wished the same extension of civil liberty. In answer to this objection, he should put it to the House, whether the committee would have been justified in framing their bill upon an abstract proposition of this nature. They conceived that they were bound only to consider the case which the petitioners had stated, and that they were not at liberty, by introducing other matter, to deprive the Catholics of their own case. If they had done so, the committee would not have known how to face the House with a bill upon a principle so different from that which was expected from them. The great object of the bill was, the adjustment of the claims of the Catholics ; but the principle and soul of it was their incorporation with Protestants into the general body of the empire. It was for this reason that the repeal of the penal laws was an object of far inferior importance. The great question was, the repeal of those oaths which now prevented the incorporation. In fact, the committee had abstained from touching much upon the penal laws, as that could have no other effect than to bring forward a great quantity of irritating matter. The repeal of those laws would be doing nothing without repealing the oaths. It was alleged, that they ought to have introduced a bill contain- ing a specific repeal of all the penal laws. In that case, they would CATHOLIC QUESTION. 385 have been under the necessity of proceeding by a numerical enumera- tion of those laws, a mode to which he had many objections. The great object which they had in view, was a conciliatory adjustment of the Catholic claims ; and incorporation formed the very soul and essence of that adjustment. The laws which operated to prevent that incorporation were those that enforced the taking of the oaths. The gentlemen who framed the bill thought it better to remove those laws without specification by introducing new oaths; and he con- sidered that to be a final adjustment, by which those obnoxious acts, although not mentioned by name, were rendered null and of no effect. If they had pursued a different course, and introduced a numerous detail of the penal laws, they would have been compelled to bring forward matter of a very irritating description. Without removing those test laws, nothing could be done ; but by setting them aside, all the other acts were rendered of no avail, and were left to be done away by the legislature at any future time. This was the principle which was acted upon in 1778 in the Irish Parliament. In the bill brought in at that period, a clause was inserted repealing the test act. That bill was sent back from England, that particular clause having been expunged, and they were obliged to pass the act with- out this provision. In the act of 1793, the Irish Parliament did not state numerically the laws which were repealed. They proceeded on the principle now adopted, and administered great constitutional rights to the Roman Catholics. Having thus acted with the best motives and intentions, they hoped for the support of the House. Having stated that the present bill gave emancipation to the Catholic, he had next to state the securities it gave to the Protes- tant. Those securities were to be found principally in the exceptions which were to be found in the bill and in the alteration of the oath. 1. The first was, the exception of the situations of Lord-chancellor of England and Lord-lieutenant of Ireland, which were withheld from Roman Catholics. The office of Lord-chancellor comprised a great deal of ecclesiastical patronage ; and the Lord-lieutenant of Ireland was the representative of the king, who must be a Protestant, inde- pendent of which circumstance, he possessed very considerable ecclesiastical gifts. 2. The second exception related to the right of holding advowsons, or presenting to livings. Where any Roman Catholic possessed an advowson, Protestant commissions were appointed to superintend its disposal. 3. In the third place, all oificers in ecclesiastical courts were excepted. 4. The fourth security is, the exclusion of the Catholics from all ecclesiastical courts of judicature. 5. By the fifth, all courts of appeal, or review of ecclesias- 386 CATHOLIC QUESTION. tical matters, were likewise excepted, 6. Catholics were also excluded from situations in ecclesiastical schools. 7. They were prevented from any interference in the disposal of Protestant benefices. 8. All Roman Catholics were excluded from any episcopal authority within these realms. 9. The ninth security is, the exclusion of non- resident native Catholics from such ecclesiastical duties and functions. 10. The tenth security consisted of an oath containing a great variety of clauses. By it, the Catholic swore to his allegiance, and abjured the supposed regicidal and deposing power of the Pope. He also abjured the temporal power of His Holiness in these countries ; the infallibility of the Pope, as an article of faith ; and the principle, that no faith was to be kept with heretics. By it the Catholic deposed, that he would support the Protestant succession and the present state of Protestant property ; that he would discover all plots and treasons which came within his knowledge ; that he would not make use of any power he obtained in the state, either to its injury, or to the overthrow of the Protestant church ; and that, in the nomination of any bishop or apostolic vicar, no man should be chosen with his consent, of whose loyalty and tranquil disposition he was not convinced ; that the clergy were also to swear that, in the election of persons to be recommended to the apostolic functions, they would never choose any persons whose loyalty and good conduct were not known to them. The oath also bound him to hold no intercourse with the See of Rome, which, directly or indirectly, could disturb the Protestant church in England, Ireland, or Scotland ; and that his intercourse with that see should be purely of a spiritual nature. He was aware that some gentlemen would inquire, why the oath was so very long and particular. To this, his answer was, that those who drew up the present bill, found a part of that oath already established. They did not wish to alter a single article of it, as they felt it their duty to increase and not to diminish the securities now existing ; therefore, they had made a variety of addi- tions to it, comprising every point which was connected with the safety either of church or state. The present oath was generalised ; it was not necessary for a Catholic clergyman to take the former oath unless some office were conferred upon him ; but the oath being generalised, it would now, by law, be necessary for every Roman Catholic in the United Kingdom to take it. They had therefore added to the present oath the obligation of disclosing treason, and of not recommending any clergyman whose loyalty was not well known. They had also extended the obligation of the oath. The former oath was only required to be taken on the acceptance of some CATHOLIC QUESTION. 387 office ; the present oath, however, was proposed to be extended generally to the clergy, as well as to the laity. These, then, were the securities. Whether the House would consider them to be sufficient, he knew not ; but great securities they unquestionably were. A right honourable gentleman, he begged leave to call him his right honourable friend (Mr. Canning), had suggested some additional clauses. He proposed the appointment by parliament of Protestant commissioners, with power to withhold their assent to the noinina- tion of those bishops and apostolic vicars, of whose loyalty they entertained any doubt, and also with power to inspect the papers and books connected with those nominations, with a proviso that they should be bound not to betray the secrets of the Catholic church. These clauses would amount to a complete security for domestic nomination. His right honourable friend had touched the subject with a delicate hand. Those appointed to frame the bill had not introduced the clauses into the bill, not because they disapproved of them, but because they did not know how far the Catholic body might approve of their introduction. For his own part he thought they were liberal in their nature, and that they ought to be received. He would now say a very few words on the general merits of the bill now before the House. It would, no doubt, undergo some altera- tions here ; but such as it was, it amounted to a plan of perfect domestic security and liberality — a plan, for the accomplishment of which the greatest statesmen of this country had struggled in vain — a plan that, he trusted, at no distant period- would be completed. If, however, the motion of the honourable baronet were acquiesced in, and this committee should be appointed, he should not dare to hope to witness the fulfilment, not only of his wishes, not only of the wishes of the majority of this House, but of the wishes of the majo- rity of the nation. This was a bill of Catholic emancipation, in which were provided three main securities for the Protestants. The first and greatest, was incorporation ; the second, a positive bar against domestic Catholic influence ; and the third, an effectual provi- sion against foreign Catholic interference. This measure, they submitted, ought to receive the sanction of the legislature ; parlia- ment had already pledged itself to concede it. It has already declared, that it was expedient to repeal the laws which deprive a great portion of their countrymen of privileges they ought to enjoy, for the sake of producing general harmony, security, and happiness. Let parliament, then, fulfil the pledge it had given to the nation, 388 CATHOLIC QUESTION. without being diverted from its obvious duty by motions like that to- night proposed. The bill was before it ; nor could any solid objec- tions be urged, unless by those who are enemies to Catholic privilege and Protestant security. May 24, 1813. Sir, I rise to direct the attention of the House to the course of opposi- tion which has this night been taken to the great measure now under discussion, and shall commence with the right honourable gentleman (Mr. York), who has last spoken in the debate. He has emphatically told you how futile must be the success (if such should attend it) of this bill, when it is evident its provision will never be complied with by the party for whose relief it has been framed. Now, Sir, I say that such a mode of reasoning goes too far, it proves too much ; for what is the deduction ? why, that there will be no Catholic episcopacy, because, if the clergy do not comply with the provisions of this bill, there can be no episcopacy ; it must, in such case, expire ; and the very body which the right honourable gentleman holds in terror em before your view, can no longer (upon his own argument) have existence ; his fears are therefore visionary, and his reasoning groundless. So far for the clerical argument. Now, Sir, towards the admission of Roman Catholics into parliament : here again the argument of the right honourable gentleman is built upon no founda- tion. Can any man in his senses credit the assertion, that the ingress of the Catholics to this assembly can be productive of the effect described ? Is the right honourable gentleman so ignorant of the constitution of this House as for a moment to believe the prin- ciple he has himself laid down ? I shall not pay him so poor a com- pliment as to think he does. Does he, Sir, take it for granted, that this is a Catholic House legislating for a Protestant people ? or does he not know that this is a Protestant House legislating for a Catholic people, a Protestant people, a Presbyterian people, a Dissenting people ? A House, Sir, making laws for a whole and a divided community ; not a particular body enacting for a particular sect. The admission of a few Catholics here left the constitution where it stood. It left it as it found it, a Protestant body. The principle of this bill is incorporation, uniting the jarring differences of many religions. Another argument equally defective, equally erroneous, has been sounded — sounded with acclamation this night ; namely^ that it is impossible to unite the Catholic with the Protestant ; also that the CATHOLIC QUESTION. 389 Catholic himself protests against this measure. This assertion I deny ; I repeat, sir, this denial ; let those who cheer contradict me. I expect nothing from their moderation ; I now challenge them to the proof. What, sir, constitutes this impassable abyss of separation between the Catholic and the Protestant? Why, forsooth, the belief of transubstantiation, the invocation of saints, the worship of the Virgin Mary. limited view of human nature ! preposterous conclusion ! No, sir, it is not those visions which have separated the community ; the cause of this separation, such as it is, has arisen from the enactment of your civil penalties, continues only by their operation, and with them only can have extinction and oblivion. A right honourable gentleman (the Speaker), whose great authority in the House I willingly admit, has told you that the representatives of Ireland will, if this clause should pass, be entirely Catholic, that the Catholics will engross the nomination of 100 members in this House. I deny this conclusion wholly ; I deny the right honourable gentle- man's authority here. Why principally Catholic ? It is necessary for the Speaker to prove that the entire property of Ireland is in Catholic hands. The fact is not so ; the great proportion of that property which would be represented, should this bill pass into a law, that great proportion, I assert, is in Protestant hands ; and the just conclusion, generally speaking, must be, that a Protestant repre- sentation would still emanate from it, Again, I am told, you are about to erect a Catholic ascendency in parliament. This, like the other arguments, proves — what ? the discomfiture of the supporters of exclusion and monopoly ; because, to give effect to this argument, you must make forty a greater effective number than six hundred ; you must make seven or eight the majority of four hundred. I con- tend for it, forty Catholics would be the major number which this bill would introduce into one House ; seven or eight, the major number it could introduce into the other. Therefore, sir, this is to be the foundation of a Catholic ascendency, and this is the argument directed to 658 legislators ! This is the principle upon which exclu- sion is to be pronounced towards millions of people, and here is the argument and the authority upon which we are to arrive at the con- clusion ! Therefore, I repeat, the right honourable gentleman's authority, great as it is in general, is, upon this particular cause, no authority at all. The question is not, whether you will uphold the Protestant establishment, but it is, whether you will endanger its existence, by proscribing your people. I repeat, again and again, that if you repel Catholic emancipation, you trample to the ground Protestant security. 390 CATHOLIC QUESTION. You addressed us, the framers of this bill ; you said : " We will argue the point : produce us your securities in the first instance ; we will then produce you our concessions". Here they are [Mr. Grattan here extended forth the bill] ; here are our securities : where are your concessions ? How do you meet us ? After calling on us for securities, you reject concession, and, by that rejection, refuse the best security for the church, by withholding freedom from the people. If you vote against this clause, you vote against thebill ; you nullify your object, you falsify your pledge. The noble lord opposite (Cas- tlereagh) has acted a manly part ; let the noble lord share then the merit of the bill. Upon my head be the odium of the clauses : to insure the principle of concession, I shall submit to the minor infringe- ments. The alleged unpopularity of the bill can only be temporary. Should the Catholic mind be indisposed to accept it, should their leaders inculcate hostility to its clauses, clauses so necessary to carry through its principle, why then, I shall lament such an occurrence ; I shall feel it bitterly ; I shall then, indeed, admit, that the Catholics are the bitterest enemies of themselves, and that upon their own heads, and on their own heads only, can the consequences of their own folly rest. [Mr. Grattan here paused for a moment, but resumed his wonted animation.] Sir, the question is, if you reject this bill, can you dwell upon the resrictions ? and, upon your own view of the subject, how do you stand ? You vote for the continuation of galling and jarring restric- tions upon four millions of your fellow-subjects. You vote for the unlimited power of the Pope upon this proscribed population, instead of enfranchising the one, and obliterating the other. [The right honourable gentleman concluded in a strain of eloquence, of which it is impossible to convey even a faint outline.] I beseech you to pause before you vote this night. You stand between two important opi- nions. The one leads to unanimity in the nation ; the other to discord in the community. The one incorporates the Catholic with the Protestant, and limits, nay, extinguishes, the power of the Pope ; the other exasperates the feelings of the people, and saps the best securities of the empire, The one lays at your disposal a brave and generous people, to testify on the embattled plain the allegiance and the gratitude they owe you, and places your country on an iron pedestal, never — never to be shaken ; the other arms you, with what? the Pope and his visions at your back; and, with these banners, to advance against and appal the almost overwhelming enemy of Europe. 891 CORN LAWS. June 23, 1815. Sir, the question before you, complicated, and comprehensive, and doubtful as it appears, may be, notwithstanding, reduced to three plain considerations : whether we can contend with foreigners in the trade of corn ; whether we can supply, in that article, our own con- sumption ; and whether we can at all times command a sufficient supply of that article from foreign nations. To the first question, the persons examined by the corn committee have given a flat, positive, and decisive negative. They concur to affirm, that we cannot con- tend with foreigners in the market of corn, and they support their assertion with evidence which is incontestible — on the low price of labour abroad, the tithes, the taxes, the poor rates, the cesses, the high price of labour, and the various charges which attend tillage at home. But this evidence is necessary no longer ; the question is decided by the fact ; we are at this moment driven out of the corn market ; 800,000 quarters of foreign corn have been imported in the last half year, so that the farmer may go about his business. In the year 1814, Ireland exported near three millions of corn, the principal part of which came to Great Britain. In 1812, Ireland exported £2,900,000 worth of corn, of which £2,100,000 came to Great Britain. In the last half year, ending in January, Ireland exported into Britain 300,000 quarters of corn, while the foreigner exported 800,000 ; so that Ireland is driven out of the market, and foreign nations have taken her place. With this information before you, the question you must try is reduced to this ; shall we protect the farmer or go out of tillage ? To the last-mentioned monstrous proposition, no pretence can be afforded, except gentlemen on the other side say, that if you do not abandon tillage, you must renounce manufacture ; they cannot say this — they have said this. They have said this without an iota of evidence ; they have said the con- trary also ; they have said that (a few articles excepted) you under- sold the foreigner, and so saying, they have given up the cause, and the only pretence on which it rested. They have said, that the English manufacturer undersold the foreigner, and that he did not ; and saying both, and proving neither, they have left you free to decide, that whatever be the fate of the manufactures, it is not 80s. a quarter for corn that will destroy them : the less so, because, under a higher price, the manufactures have increased, and the manufac- 392 CORN LAWS. turers have multiplied, and because the gentlemen themselves pro- pose protecting duties of 74s. or 765., thereby acknowledging the policy of protection, and therefore of an adequate protection, and imposing upon themselves the obligation of a proof, that while the less duty is safety, the higher one is destruction ; death lies, it seems, in the difference — at 80s. you die, and you revive at 76s. Having gone so far, I beg to submit, that the opponents of the measure have not produced argument sufficient to authorise you to abandon tillage by returning to protection. I now come to the second question, namely, whether we can supply corn sufficient for our own consumption. You have done it ; you did so in the last century. You did so till the act of 1765: England alone did so. We have done so lately; the two islands have supplied their own consumption, with all their increased manufacturers and all their increased population. In 1812, these islands imported £12,000,000 worth of corn, and exported £14,000,000, above £300,000 more than their own consumption. The opposers of this measure combat this fact by an average, and say, that on their average we have not supplied our own consumption ; their average is fallacious ; the cause of that self-supply was Ireland, and her new condition since the act of 1807 ; but Ireland is a growing country, and her resources are a growing quantity ; instead, therefore, of forming a calculation on an average, you should count on an increase. The evidence before the committee tells you, that Ireland must increase in tillage one-third, and it stands uncontroverted. Now, I will tell you how she has grown, and read you the accounts I have taken the last fourteen years. I have divided them into two periods, seven years each. In the first seven years, commencing with 1801, Ireland exported to Great Britain 4,300,000 quarters of corn, and her growth or increase in the course of that time was 2,300,000 quarters. In the same period of fourteen years, foreign nations sent to Great Britain, in the first seven years, 6,400,000 quarters of corn, and in the last seven years, 4,200,000 quarters ; and there was a decrease of 2,200,000 quar- ters. Thus, Ireland has doubled her quantity, and foreign nations in the same period have declined one-third ; and Ireland was coming into their place, as they are now coming into the place of Ireland. On the progress of Irish husbandry I beg leave to say a few sentences. Lord Pery was the father of Irish agriculture. In the depth and extent of his sagacious and prophetic intellect, he conceived for his country a project, which was nothing less than the creation of tillage. His plan w T as to bring the market of the capital to the door of every farmer in the remotest part of the island, and he did CORN LAWS. 393 so by granting an inland bounty on the carnage of corn to Dublin. He found Ireland in the article of corn a country of import ; he put in practice his plan ; she ceased to import ; she began to export ; she began to export much ; she proceeded to export more ; she be- came a country of great, of growing, and of permanent export. The public care of Mr. Foster and his vigorous mind followed Lord Pery, and, by a graduated scale of export, furthered the growth of tillage. Then came my right honourable friend (Sir John Newport), whose presence represses the ardour I feel to dwell on the imperishable honours annexed to his name and his measures. He finished the work by his bill of unlimited export ; and Ireland, who was fed by imported corn in the middle of the last century, has, in the last war, fed herself on a scale of double population, supplied Great Britain with above two millions' worth of corn, and sent near another million to supply your expeditions, and to feed foreign nations. It is an infmnity in the argument of the gentlemen of the other side of the question, that Ireland should have made no part of their calculation, and that, in contemplating the resources of the British empire, they should have overlooked one-third of the King's do- minions. Gentlemen acknowledge the principle of self-supply : they cannot deny it ; but they, in substance, retract their concession, and say, you should not make the effort. If the commodity — corn, for instance — is to be rendered dear, they do not say what they call dear, but leave us to suppose that com must be dear, if corn is pro- tected. Thus their argument goes against all protecting duties, still more against all prohibitions, and going equally against the whole of your policy, goes without force against any part of it. They speak of a surplus ; to have what is sufficient for your consumption, you must, at times, have a surplus ; and you cannot, they tell you, dis- pose of that surplus abroad, on account of its high price. Surplus is the effect of plenty, and plenty is the cause of cheapness, and cheapness the sign of surplus ; and the proprietor will be remunerated by quantity for what he loses in price. Besides, will you not take into consideration capital, which enables the proprietor to hold over that surplus, nor the increase of population that grows to con- sume it ? Conceiving that the gentlemen on the other side have not given reasons sufficiently strong to induce the House to give up a great maxim of state, and to accede to the extraordinary policy of abandoning those resources which Providence has given these islands to supply their own consumption, I come to the third question, which is, whether you can at all times command a sufficient quantity of 394 CORN LAWS. corn from foreign nations ? The gentlemen on the other side of the question will show (it is incumbent on them to do so) that you can ; they will set forth what physical necessity, what moral obligation, what law, obliges foreign nations to supply Great Britain with corn ; they will show that they must furnish our expeditions, such as that to Portugal for instance ; expeditions, perhaps, against the very nations from whom the supply is to proceed ; they will show that foreign nations cannot tax, still less prohibit, the export of their grain ; they will show this, I hope, before they shall induce you to confide your people to their policy ; but unable to show this, they are reduced to rest their case on the experiment of the last war. In the last war they say the trial was made, and, notwithstanding all our difficulties, we found a supply from the continent. We did so, we escaped in the last war. In the last war we made an experi- ment which should teach us never to rely upon foreign grain, for we found the price immense, and, but for the Russian war, should have found the corn unattainable. With this experiment or this ex- perience before you, and this their only argument for the certainty of foreign supply, I hope you will think that the gentlemen have not made a case strong enough to incline you to reduce your people to a state in which they must depend on foreign nations for their food. Having gone through the three considerations, I beg to observe, with regard to the opposers of this measure, that they found their policy on a vain philosophy ; it is the error of Mr. Smith, refuted by Malthus, and adopted by them, and on this error they found the strength of the empire and the food of the people. The maxim contended for is, that you should get corn where you can get it cheapest. Why ? Because corn is necessary ; so is clothing : how- ever, in Ireland, generally speaking, corn is not so. Yet corn, though a necessary of life, is not the only necessary, but is one of the five necessaries, and therefore ultimately sways, but by no means rules, the price of labour. Smith, a great author, is mistaken, and he is the less an authority (in general I applaud and admire him), but he is the less an authority on this point, because he considers it in the abstract, and has no reference to the political part of the subject, which is the principal part, and which governs the decision; he advises to go to the cheapest market, but omits to consider whether that market be accessible. Again, the application of this rule to the present question goes against the drift of his philosophy ; hi3 drift is, that everything should find its true level, and capital its natural application ; but to do this, all nations must agree ; for it is impossible that any one without general concurrence can attain it. CORN LAWS. 395 All nations then must abate their bounties and their prohibitions ; that will not be sufficient ; they must abate their taxes also. To make the experiment then, you must find some other planet, for the Earth will not answer your purpose. But suppose this philosophical traffic practicable, the proposition of its abettors goes, as I have said, in the teeth of its principle ; the proposition goes to leave one article unprotected, and to continue on all other articles prohibition ; that is to say, to take your capital from corn, which is a natural trade, and apply it to silk, which is an artificial one. Gentlemen have spoken of the view of the resolution ; the view is to encourage the growth of corn ; encouragement is plenty, and plenty is cheapness. The view of the manufacturers is cheapness, but they oppose the means of obtaining it — plenty. They advise you, the gentlemen who oppose the resolution advise you, to procure the cheapness of the article by going out of the cultivation of it ; but they will find that plenty is the only sure cause of cheapness, and the only certain plenty is the home market ; when you diminish that, you diminish your supply ; you, of course, raise the price of corn ; you are dependent on the supply of foreigners, which supply, with- out the abundance of the home market, is inadequate, and therefore dear ; and is also a precarious supply, which the foreigner may tax, a nd which the foreigner may refuse. Thus the policy of the opposers of the measure goes first to ruin the farmer, and then to starve the manufacturer. Gentlemen have said truly, that their interests are indeed united, and that when the farmer is beggared, the manufac- turer is famished. I beg to return to that part of the subject which is comprehended in the denomination of Ireland ; you know it was the policy of your ancestors to destroy the manufactures of Ireland, and it was the tendency of the Union to direct her capital to gross produce. Have you then driven Ireland out of manufacture, and do you now propose to drive her out of tillage ? You recollect that Ireland has, for ages, excluded the manufacturers of other countries, and has given an exclusive preference to yours. Ireland desires, and desires of right, that as she prefers your manufactures, that you may prefer her corn. Do you propose that Ireland should prefer the British manufacturer, and that the British manufacturer should prefer the French husbandman? You know that Ireland owes £137,000,000, the principal debt of the war; that the interest is £6,500,000; that her. revenue is not £5,500,000, and that her deficit to pay the interest is above a million a year. Do you mean that she should supply that deficit by giving up her agriculture ? You know that of her interest, £4,500,000 is paid to you. How? 396 CORN LAWS* By her produce. When you propose that she should desert or even diminish her husbandry, you shake your funded security. Again, you are aware, that in rent to absentees, Ireland pays not less than £2,000,000 annually, and pays it out of her produce ; when you propose to diminish, when you do not propose to augment that produce, you shake your landed security. Again, in the respective traffic of the two countries, the account stands so : Ireland pays to Great Britain for commodities, at the current price, a large sum ; about £4,500,000 for interest ; forthe rents of absentees £2,000,000; altogether, about £16,000,000 annually. The exportation of Ireland is about £17,000,000, of which £2,900,000 is the export of corn. When you propose to diminish her produce in corn, nay when you do not propose to increase it, you propose that she should not pay you that balance. Again, are you unapprised that the population of Ireland is not less than 6,000,000, and that a great proportion of that number are people connected with tillage? If you go out of tillage, what will you do with that population ? Will you, with the opposers of this measure, consign that people to famine and to tumult, or, with the supporters of the measure, hand them over to plenty and to peace ? Again, in addition to these reflections, will you consider, that the question before you is not merely a means of subsistence, but a measure of empire ? England clothes Ireland, Ireland feeds England, and both live with one another and by one another; the two nations are bound together by law ; but there is something stronger than law ; they are grappled together by the iron fangs of necessity, and not only legally united, but physically identified ; and this is the very soul of your connexion. In the relationship of the two countries, mutual want is public concord ; that intercourse which makes them physically dependent on one another, makes them physically indepen- dent of their enemies, and thus forms the strength of your empire as well as its abundance. Sir, I am for this resolution ; I am for it, because it is decisive, not ambiguous ; because 80s. is a preference which the farmer will understand ; do not send him to your averages ; for, while you per- plex the farmer with your calculations, the plan is at a stand. Sir, I am for the measure, because it gives strength to your funds, credit to your landed interest, identification to the people of the respective countries, and physical independence on the foreigner. I am for it, because it is an increase of your ways and means ; because it promises plenty, where alone it can be relied on ; namely, in your home market, and, with that plenty, cheapness, but that cheapness which is steady, and which pays your farmer while it feeds your manufac- DOWNFALL OF BUONAPARTE. 397 turer, instead of that extravagant fluctuation which alternately ruins both ; and I am for this measure, because it secures us against the policy suggested by its opponents, and which is reducible to three monstrous propositions — an abandonment of tillage ; a relinquish- ment of your power to supply your own consumption ; and a depen- dence on foreign markets for bread. DOWNFALL OF BUONAPARTE. May 25, 1815. Sir, I sincerely sympathise with the honourable gentleman who spoke last in his anxiety on this important question ; and my solici tude is increased by a knowledge that I differ in opinion from my oldest political friends. I have further to contend against the additional weight given to the arguments of the noble lord who moved the amendment, by the purity of his mind, the soundness of his judgment, and the elevation of his rank. I agree with my honourable friends in thinking that we ought not to impose a government upon France. I agree with them in deprecating the evil of war; but I deprecate still more the double evil of a peace without securities, and a war without allies. Sir, I wish it was a question between peace and war ; but, unfortunately for the country, very painfully to us, and most injuriously to all ranks of men, peace is not in our option ; and the real question is, whether we shall go to war when our allies are assembled, or fight the battle when those allies shall be dissipated ? Sir, the French government is war ; it is a stratocracy, elective, aggressive, and predatory ; her armies live to fight, and fight to live ; their constitution is essentially war, and the object of that war the conquest of Europe. What such a person as Buonaparte at the head of such a constitution will do, you may judge by what he has done; and, first, he took possession of the greater part of Europe ; he made his son King of Borne ; he made his son in-law Viceroy of Italy ; he made his brother King of Holland ; he made his brother-in-law King of Naples ; he imprisoned the King of Spain; he banished the Regent of Portugal, and formed his plan to take possession of the crown of England. England had checked his designs ; her trident had stirred up his empire from its founda- tion ; he complained of her tyranny at sea ; but it was her power at 18 398 DOWNFALL OF BUONAPARTE. sea which arrested his tyranny on land — the navy of England saved Europe. Knowing this, he knew the conquest of England became necessary for the accomplishment of the conquest of Europe, and the destruction of her marine necessary for the conquest of England. Accordingly, besides raising an army of 60,000 men for the invasion of England, lie applied himself to the destruction of her commerce, the foundation of her naval power. In pursuit of this object, and on his plan of a western empire, he conceived, and in part executed, the design of consigning to plunder and destruction the vast regions of Russia ; he quits the genial clime of the temperate zone ; he bursts through the narrow limits of an immense empire ; he abandons comfort and security, and he hurries to the pole, to hazard them all, and with them the companions of his victories, and the fame and fruits of his crimes and his talents, on speculation of leaving in Europe, throughout the whole of its extent, no one free or indepen- dent nation. To oppose this huge conception of mischief and despo- tism, the great potentate of the north, from his gloomy recesses advances to defend himself against the voracity of ambition amid the sterility of his empire. Ambition is omnivorous — it feasts on famine and sheds tons of blood, that it may starve in ice, in order to commit a robbery on desolation. The power of the north, I say, joins another prince, whom Buonaparte had deprived of almost the whole of his authority, the King of Prussia, and then another potentate, whom Buonaparte had deprived of the principal part of his dominions, the Emperor of Austria. These three powers, physi- cal causes, final justice, the influence of your victories in Spain and Portugal, and the spirit given to Europe by the achievements and renown of your great commander [the Duke of Wellington], together with the precipitation of his own ambition, combine to accomplish his destruction. Buonaparte is conquered. He who said : " I will be like the Most High": he who smote the nations with a continual stroke — this short-lived son of the morning, Lucifer, falls, and the Earth is at rest ; the phantom of royalty passes on to nothing, and the three kings to the gates of Paris ; there they stand, the late victims of his ambition, and now the disposers of his destiny and the masters of his empire ; without provocation he had gone to their countries with fire and sword ; with the greatest provocation they come to his country with life and liberty ; they do an act unparallelled in the annals of history, such as nor envy, nor time, nor malice, nor prejudice, nor ingratitude can efface ; they give to his subjects liberty, and to himself life and royalty. This is greater than conquest! The preseut race must confess their virtues, and ages to come must DOWNFALL OF BUONAPARTE. 399 crown their monuments, and place them above heroes and kings in glory everlasting. When Buonaparte states the conditions of the treaty of Fontaine- blean are not performed, he forgets one of them, namely, the condi- tion by which he lives. It is very true there was a mixture of policy and prudence in this measure ; but it was a great act of magnanimity notwithstanding, and it is not in Providence to turn such an act to your disadvantage. With respect to the other act, the mercy shown to his people, I have underrated it ; the allies did not give liberty to France, they enabled her to give a constitution to herself, a better constitution than that which, with much laborious- ness and circumspection, and deliberation, and procrastination, the philosophers fabricated, when the Jacobins trampled down the flimsy work, murdered the vain philosophers, drove out the crazy reformers, and remained masters of the field in the triumph of superior anarchy and confusion ; better than that, I say, which the Jacobin destroyed, better than that which he afterwards formed, with some method in his madness, and more madness in his method ; with such a horror of power, that in his plan of a constitution he left out a government, and with so many wheels that everything was in movement and nothing in concert, so that the machine took fire from its own velocity in the midst of death and mirth, with images emblematic of the public disorder, goddesses of reason turned fool, and of liberty turned fury. At length the French found their advantage in adopting the sober and unaffected security of King, Lords, and Commons, on the idea of that form of government which your ancestors procured by their firmness, and maintained by their discretion. The people had attempted to give the French liberty, and had failed ; the wise men (so her philosophers called themselves) had attempted to give liberty to France, and had failed ; it remained for the extraordinary destiny of the French to receive their free constitution from kings. This constitution Buonaparte has destroyed, together with the treaty of Fontainebleau, and having broken both, desires your confidence ; Russia confided, and was deceived ; Austria confided, and was deceived. Have we forgotten the treaty of Lune- ville, and his abominable conduct to the Swiss ? Spain and other nations of Europe confided, and all were deceived. During the whole of this time he was charging on England the continuation of the war, while he was, with uniform and universal perfidy, breaking his own treaties of peace for the purpose of renewing the war, to end it in what was worse than war itself — his conquest of Europe. But now he repents and will be faithful ! he says so, but he says 400 DOWNFALL OF BUONAPARTE. the contrary also : "I protest against the validity of the treaty of Fontainebleau ; it was not done with the consent of the people ; I protest against everything done in my absence ; see my speech to the army and people ; see the speech of my council to me". The treaty of Paris v r as done in his absence ; by that treaty were returned the French colonies and prisoners : thus he takes life and empire from the treaty of Fontainebleau, w r ith an original design to set it aside, and he takes prisoners and colonies from the treaty of Paris, which he afterwards sets aside also ; and he musters an army, by a singular fatality, in a great measure composed of troops who owe their enlargement, and of a chief who owes his life, to the powers he fights, by the resources of France, w 7 ho owes to those powers her salvation. He gives a reason for this : " Nothing is good which was done without the consent of the people " (having been deposed by that people, and elected by the army in their defiance). With such sentiments, which go not so much against this or that particular treaty as against the principles of affiance, the question is, whether, with a view to the security of Europe, you will take the faith of Napoleon, or the army of your allies ? Gentlemen maintain, that we are not equal to the contest ; that is to say, confederated Europe cannot fight France single-handed ; if that be your opinion, you are conquered this moment ; you are conquered in spirit : but that is not your opinion, nor was it the opinion of your ancestors ; they thought, and I hope transmitted the sentiment as your birth-right, that the armies of these islands eould always fight, and fight with success their own numbers ; see now the numbers you are to command ; by this treaty you are to have in the field what may be reckoned not less than 600,000 men ; besides that stipulated army you have at command, w r hat may be reckoned as much more, I say you and the allies. The Emperor 'of Austria alone has an army of 500,000 men, of which 120,000 were sent to Italy to oppose Murat, w r ho is now beaten ; Austria is not then occupied by Murat; Prussia is not occupied by the Saxon, nor Russia by the Pole, at least not so occupied that they have not ample and redun- dant forces for this war; you have a general never surpassed, and allies in heart and confidence. See now Buonaparte's muster ; he has lost his external dominions, and is reduced from a population of 100,000,000, to a population of 25,000,000 ; besides, he has lost the power of fasci- nation, for though he may be called the subverter of kings, he has not proved to be theredresser of grievances. Switzerland has not forgotten, all Europe remembers the nature of his reformation, and that tho best reform he introduced was worse than the worst government ha DOWNFALL OF BUONAPARTE. 401 subverted ; as little can Spain or Prussia forget what was worse even than his reformations, the march of his armies : it was not an army; it was a military government in march, like the Koman legions in Rome's worst time, Italica or Kapax, responsible to nothing, nor God, nor man. Thus he has administered a cure to his partisans for any enthusiain that might have been annexed to his name, and is now reduced to his resources at home ; it is at home that he must feed his armies and find his strength, and at home he wants artillery, he wants cavalry ; he has no money, he has mo credit, he has no title. With respect to his actual numbers, they are not ascertained, but it may be collected that they bear no propor- tion to those of the allies. But gentlemen presume that the French nation will rise in his favour as soon as we enter their country ; we entered their country before, and they did not rise in his favour ; on the contrary they deposed him ; the article of deposition is given at length. It is said we endeavour to impose a government on France ; the French armies elect a conqueror for Europe, and our resistance to this conqueror is called imposing a government on France ; if we put down this chief, we relieve France as well as Europe from a foreign yoke, and this deliverance is called the imposition of a government on France. He — he imposed a government on France ; he imposed a foreign yoke on France ; he took from the French their property by contribution ; he took their children by conscription ; he lost her empire, and, a tiling almost unimaginable, he brought the enemy to the gates of Paris. We, on the contrary, formed a project, as appears from a paper of 1805, which preserved the integrity of the "French empire ; the allies, in 1814, not only preserved the integrity of the empire as it stood in 1792, but gave her her liberty, and they now afford her the only chance of redemption. Against these- allies, will France now combine, and having received from them her empire as it stood before the war, with additions in conse- quence of their deposition of Buonaparte, and having gotten back her capital, her colonies, and her prisoners, will she break the treaty to which she owes them ; rise up against the allies who gave them ; break her oath of allegiance ; destroy the constitution she has formed ; depose the King she has choseu ; rise up against her own deliverance, in support of contribution and conscription, to perpetuate her political damnation under the yoke of a stranger ? Gentlemen say, France has elected him ; they have no grounds for so saying : he had been repulsed at Antibes, and he lost thirty men ; he landed near Cannes the 1st of March, with 1100. With 102 DOWNFALL OF BUONAPARTE. this force he proceeded to Grasse, Digne, Gap, and on the 7th he entered Grenoble; he there got from the desertion of regiments above 3,000 men and a park of artillery ; with this additional force he proceeded to Lyons ; he left Lyons with about 7,000 strong, and entered Paris on the 20th, with all the troops of the line that had been sent to oppose him ; the following day he reviewed his troops; and nothing could equal the shouts of the army except the silence of the people. This was, in the strictest sense of the word, a military election : it was an act where the army deposed the civil govern- ment ; it was the march of a military chief over a conquered people. The nation did not rise to resist Buonaparte or to defend Lewis, because the nation could not rise upon the army ; her mind as well as her constitution was conquered ; in fact, there was no nation ; everything was army, and everything was conquest. France had passed through all the degrees of political probation, revolution, counter-revolution, wild democracy, intense despotism, outrageous anarchy, philosophy, vanity, and madness ; and now she lay exhaus- ted, for horse, foot, and dragoons to exercise her power, to appoint her a master — captain or cornet who should put the brand of his name upon her government, calling it his dynasty, and under this stamp of dishonour pass her on to futurity. Buonaparte, it seems, is to reconcile everything by the gift of a free constitution. He took possession of Holland, he did not give her a free constitution ; he took possession of Spain, he did not give her a free constitution ; he took possession of Switzerland, whose independence he had guaranteed, he did not give her a free consti- tution ; he took possession of Italy, he did not give her a free constitution ; he took possession of France, he did not give her a free constitution ; on the contrary, he destroyed the directorial constitu- tion, he destroyed the consular constitution, and he destroyed the late constitution formed on the plan of England ! But now he is, with the assistance of the Jacobins, to give her liberty ; that is, the man who can bear no freedom, unites to form a constitution with a body who can bear no government ! In the mean time, while he professes liberty, he exercises despotic power, he annihilates the nobles, he banishes the deputies of the people, and he sequesters the property of the emigrants. "Now he is to give liberty!" I have seen his constitution, as exhibited in the newspaper ; there are faults innumerable in the frame of it, and more in the manner of accepting it: it is to be passed by subscription without discussion, the troops are to send deputies, and the army is to preside. There is some cunning, however, in making the subscribers to the constitution renounce the DOWNFALL OF BUONAPARTE. 403 house of Bourbon ; they are to give their word for the deposition of the king, and take Napoleon's word for their own liberty ; the offer imports nothing which can be relied on, except that he is afraid of the allies. Disperse the alliance, and farewell to the liberty of France and the safety of Europe. Under this head of ability to combat Buonaparte, I think we should not despair. With respect to the justice of the cause, we must observe, Buona- parte has broken the treaty of Fontainebleau ; he confesses it ; he declares he never considered himself as bound by it. If then that treaty is out of the way, he is as he was before it — at war. As Emperor of the French, he has broken the treaty of Paris ; that treaty was founded on his abdication ; when he proposes to observe the treaty of Paris, he proposes what he cannot do unless he abdi- cates. The proposition that we should not interfere with the government of other nations is true, but true with qualifications ; if the govern- ment of any other country contains an insurrectionary principle, as France did when she ottered to aid the insurrections of her neigh- bours, your interference is warranted ; if tfie government of another country contains the principle of universal empire, as France did, and promulgated, your interference is justifiable. Gentlemen may call this internal government, but I call this conspiracy ; if the govern- ment of another country maintains a predatory army, such as Buona- parte's, with a view to hostility and conquest, your interference is just. He may call this internal government, but I call this a prepara- tion for war. No doubt he will accompany this with offers of peace, but such offers of peace are nothing more than one of the arts of war, attended, most assuredly, by charging on you the odium of a long and protracted contest, and with much common-place, and many good saws and sayings of the miseries of bloodshed, and the savings and good husbandry of peace, and the comforts of a quiet life ; but if you listen to this, you will be much deceived ; not only deceived, but you will be beaten. Again, if the government of another country covers more ground in Europe, and destroys the balance of power, so as to threaten the independence of other nations, this is a cause of your interference. Such was the principle upon which we acted in the best times ; such was the principle of the grand alliance ; such the triple alliance ; and such the quadruple ; and by such principles has Europe not only been regulated but protected. If a foreign government does any of those acts I have mentioned, we have a cause of war ; but if a foreign power does all of them, forms a con- 404 DOWNFALL OF FUONAFARTE. spiracy for universal empire, keeps up an army for that purposey employs that army to overturn the balance of power, and attempts the conquest of Europe — attempts, do I say? in a great degree achieves it (for what else was Buonaparte's dominion before the battle of Leipsic ?), and then receives an overthrow, owes its deliverance to treaties which give that power its life, and these countries their security (for what did you get from France but security?) ; if this power, I say, avails itself of the conditions in the treaties which give it colonies, prisoners, and deliverance, and breaks those conditions which give you security, and resumes the same situation which renders this power capable of repeating the same atrocity, has England, or has she not, a right of war ? Having considered the two questions, that of ability, and that of right, and having shown that you are justified on either considera- tion to go to war, let me now suppose that you treat for peace ; first, you will have a peace upon a war establishment, and then a war without your present allies. It is not certain that you will have any of them, but it is certain that you will not have the same com- bination while Buonaparte increases his power by confirmation of his title and by further preparation ; so that you will have a bad peace and a bad war. Were I disposed to treat for peace, I would not agree to the amendment, because it disperses your allies and strengthens your enemy, and says to both, we will quit our alliance to confirm Napoleon on the throne of France, that he may hereafter more advantageously fight us, as he did before, for the throne of England. Gentlemen set forth the pretensions of Buonaparte ; gentlemen say, that he has given liberty to the press ; he has given liberty to publication, to be afterwards tried and punished according to the present constitution of France — as a military chief pleases ; that is to say, he has given liberty to the French to hang themselves. Gentlemen say, he has in his dominions abolished the slave trade ; I am unwilling to deny him praise for such an act ; but if we praise him for giving liberty to the African, let us not assist him in impos- ing slavery on the European. Gentlemen say, will you make war upon character ? but the question is, will you trust a government without one ? What will you do if you are conquered ? say gentle- men. I answer, the very thing you must do if you treat ; abandon the Low Countries. But the question is, in which case are you most likely to be conquered — with allies or without them ? Either you must abandon the Low Countries, or you must preserve them by arms, for Buonaparte will not be withheld by treaty. If you abandon them, you will lose your situation on the globe, and instead DOWNFALL OF BUONAPARTE. 405 of being a medium of communication and commerce between the new world and the old, you will become an anxious station between two fires — the continent of America, rendered hostile by the intrigues of France, and the continent of Europe, possessed by her arms. It then remains for you to determine, if you do not abandon the Low Countries, in what way you mean to defend them, alone or with allies. Gentlemen complain of the allies, and say, they have partitioned such a country, and transferred such a country, and seized on such a countiy. What ! will they quarrel with their ally, who has possessed himself of a part of Saxony, and shake hands with Buona- parte, who proposed to take possession of England ? If a prince takes Venice, we are indignant ; but if he seizes on a great part of Europe, stands covered with the blood of millions, and the spoils of half mankind, our indignation ceases ; vice becomes gigantic, con- quers the understanding, and mankind begin by wonder, and conclude by worship. The character of Buonaparte is admirably calculated for this effect ; he invests himself with much theatrical grandeur ; he is a great actor in the tragedy of his own government ; the fire of his genius precipitates on universal empire, certain to destroy his neighbours or himself ; better formed to acquire empire than to keep it, he is a hero and a calamity, formed to punish France, and to per- plex Europe. The authority of Mr. Fox has been alluded to ; a great authority, and a great man ; his name excites tenderness and wonder ; to do justice to that immortal person, you must not limit your view to this country ; his genius was not confined to England, it acted three hun- dred miles off' in breaking the chains of Ireland ; it was seen three thousand miles off in communicating freedom to the Americans ; it was visible, I know not how far off, in ameliorating the condition of the Indian ; it was discernible on the coast of Africa in accomplish- ing the abolition of the slave trade. You are to measure the magni- tude of his mind by parallels of latitude. His heart was as soft as that of a woman ; his intellect was adamant ; his weaknesses were virtues ; they protected him against the hard habit of a politician, and assisted nature to make him amiable and interesting. The ques- tion discussed by Mr. Fox in 1792, was, whether you would treat with a revolutionary government ? The present is, whether you will confirm a military and a hostile one ? You will observe, that when Mr. Fox was willing to treat, the French, it was understood, were ready to evacuate the Low Countries. If you confirm the present government, you must expect to lose them. Mr. Fox objected u 406 DOWNFALL OF BUONAPARTE, the idea of driving France upon her resources, lest you should make her a military government. The question now is, whether you will make that military government perpetual ? I therefore do not think the theory of Mr. Fox can be quoted against us; and the practice of Mr. Fox tends to establish our proposition, for he treated with Buonaparte and failed. Mr. Fox was tenacious of England, and would never yield an iota of her superiority ; but the failure of the attempt to treat was to be found, not in Mr. Fox, but in Buonaparte. On the French subject, speaking of authority, we cannot forget Mr. Burke. Mr. Burke, the prodigy of nature and acquisition. He read everything, he saw everything, he foresaw everything. His knowledge of history amounted to a power of foretelling ; and when he perceived the wild work that was doing in France, that great political physician, intelligent of symptoms, distinguished between the access of fever and the force of health ; and what other men conceived to be the vigour of her constitution, he knew to be no more than the paroxysm of her madness, and then, prophet-like, he pro- nounced the destinies of France, and, in his prophetic fury, admonished nations. Gentlemen speak of the Bourbon family. I have already said, we should not force the Bourbon upon France ; but we owe it to departed (I would rather say to interrupted) greatness, to observe, that the house of Bourbon was not tyrannical; under her, every- thing, except the administration of the country, was open to animadversion ; every subject was open to discussion, philosophical, ecclesiastical, and political, so that learning, and arts, and sciences, made progress. Even England consented to borrow not a little from the temperate meridian of that government. Her court stood controlled by opinion, limited by principles of honour, and softened 1by the iniluence of manners : and, on the whole, there was an amenity in the condition of France, which rendered the French an amiable, an enlightened , a gallant, and an accomplished race. Over this gallant race you see imposed an oriental despotism. Their pre- sent court (Buonaparte's court) has gotten the idiom of the East as well as her constitution ; a fantastic and barbaric expression : an unreality, which leaves in the shade the modesty of truth, and states nothing as it is, and everything as it is not. The attitude is affected, the taste is corrupted, and the intellect perverted. Do you wish to confirm this military tyranny in the heart of Europe ? A tyranny founded on the triumph of the army over the principles of civil government, tending to universalize throughout Europe the domina- tion of the sword, and to reduce to paper and parchment, Magna CATHOLIC QUESTION. 407 Charta and all our civil constitutions. An experiment such as no country ever ma^cle, and no good country would ever permit ; to relax the moral and religious influences ; to set Heaven and Earth adrift from one another, and make God Almighty a tolerated alien in His own creation ; an insurrectionary hope to every bad man in the commu- nity, and a frightful lesson to profit and power, vested in those who have pandered their allegiance from king to emperor, and now found their pretensions to domination on the merit of breaking their oaths and deposing then* sovereign. Should you do anything so monstrous as to leave your allies in order to confirm such a system ; should you forget your name, forget your ancestors, and the inheritance they have left you of morality and renown; should you astonish Europe, by quitting your allies to render immortal such a composi- tion, would not the nations exclaim, "You have very providently watched over our interests, and very generously have you contributed to our service, and do you falter now ? In vain have you stopped in your own person the flying fortunes of Europe ; in vain have you taken the eagle of Xapoleon, and snatched invincibility from his standard, if now, when confederated Europe is ready to march, you take the lead in the desertion, and preach the penitence of Buona- parte and the poverty of England''? As to her poverty, you must not consider the money you spend in your defence, but the fortune you would lose if you were not defended ; and further, you must recollect you will pay less to an immediate war, than to a peace with a war establishment, and a war to follow it. Recollect further, that whatever be your resources, they must outlast those of all your enemies ; and further, that your empire cannot be saved by a calculation. Besides, your wealth is only a part of your situation. The name you have established, the deeds you have achieved, and the part you have sustained, preclude you from a second place among nations ; and when you cease to be the first, vou are nothing. CATHOLIC QUESTION. May 21, 1816. Mr. Grattan observed, that his right honourable friend (Sir. Elliot, who presented the English Catholic petition) had argued this ques- tion so justly, so wisely, and with so much honour to himself and 408 CATHOLIC QUESTION. his country, that he had really left him very little to say on the subject. He begged to return his best thanks to the House for the extreme patience with which, on various occasions, they had listened to the repetition of his opinions on the Catholic claims. Again he had to entreat their candour, which would again be followed by his gratitude. It had been repeatedly urged in hostility to the claims of the Catholics, that those claims ought to be advanced with more temper, and that a greater attachment ought to be exhibited to the existing institutions of the country. It must be most satisfactory to the House to observe, that the Catholics now grounded their hope of obtaining their liberties, or their rights, or their claims, or by whatever name the concessions to them were to be called, on evincing a disposition not merely to acquiesce, but heartily to concur, not in form only, but in act, in such terms as that House might think neces- sary for the preservation of the church establishment, and of the Protestant succession to the throne. The known washes of that House could not indeed fail to make a due impression on their minds ; and having considered the whole subject, and the absolute necessity of expressing their attachment, not to the crown only, but to the Protestant succession, the Catholics of Ireland presented a petition, from which he begged leave to read some extracts. [Here he read several passages of the Catholic petition, the tendency of which was to express the anxious wish of the Catholics, that the great measure of emancipation should take place under such circumstances as might render it satisfactory and unobjectionable to all classes of his Ma- jesty's subjects ; inasmuch as, in their opinion, the chief benefit to be derived from it, would be an union in the bonds of concord of the various religious persuasions of the empire, and the removal of thosa jealousies and apprehensions which at present prevented a cordial cooperation for the public good. They also declared it to be their duty to state, that they were ready to submit and conform to any regulations not incompatible with the principles of their religion, or threatening with danger its pure and permanent exercise ; and that, w r hile they fully relied on the liberality and justice of the legislature, not to impose any conditions inconsistent with their religious persua- sions, they were convinced that an adjustment might take place conciliatory to the Protestant mind, and at the same time compatible with the principles of their faith and discipline.] This petition was signed by above nine hundred persons, many of them of the highest rank. [Here the clerk, by desire of Mr. Grattan, read a number of the names, comprehending a large portion of the Irish nobility.] The House had desired to have certain declarations on the part of CATHOLIC QUESTION. 40* the Catholics, and the Catholics had given him a petition to present to the House in which those declarations were explicitly made. The House had exacted certain terms, and with those terms the Catholics had complied. He held in his hand a letter, for the authenticity of which he could vouch, directed by the Pope to be written by Cardinal Litta to Dr. Poynter, touching the conditions with which the legis- lature of this country wished to accompany any concession to the Catholics. The letter set forth the forms of those oaths, which were veiy little different from those at present taken by the Catholics of Ireland, and though the oath which was to be taken by the bishop was thought in itself a sufficient security, yet his Holiness did not hesitate to permit those to whom it appertained to make out a list of the candidates for a bishopric, which list was to be presented to the King's ministers, in order that if any one of such candidates were disliked or suspected, his name might be expunged from it. The letter went further, and said, that as soon as the British government shall promulgate emancipation to the Catholics, his Holiness will send a brief to the Roman Catholic bishops to the above effect, and publish to the universe his grateful sense of the generosity and cle- mency of the British government, and finally permit the bishops to observe what was before stated with regard to the oaths and to the mode of elections. Here then, upon the granting of emancipation, was that power given to the crown which had been so frequently demanded as its condition. He had been often, on former occasions, asked what plan did he bring, in order that emancipation should be granted ? what plan could he propose for the security of the Protestant religion as by law established ? In order to be able to answer such questions on the present occasion, he had, with a great deal of pains, possessed himself of -good information on the subject. He was ac- quainted, through a most authentic channel, with the sentiments of the Pope on the great question ; and the Pope had expressed him- self, that if emancipation was now withheld, the fault was not his. He (the Pope) had very fairly said. " Why will the parliament not legislate for the Catholics ? I am not indisposed to withhold my assistance". If then he was asked on the present occasion, where are your securities ? he would say : " Here are my terms ; they are the terms on which you wished heretofore to grant emancipation, and if you now refuse them, you refuse what you so anxiously sought for, and considered as securities ". He would ask the House how many petitions had been presented to them this session against the claims of the Catholics ? He wished V 410 CATHOLIC QUESTION. to have all, or any, such petitions read. None could be read. None had been presented. What then was the inference? That the great body of the Protestants were not inimical to the claims of their Catholic brethren. He would not go so far as to say, that there were not many Protestants who still opposed Catholic emancipation, but it would not be presuming too much in him to suppose, that where so many petitions had been presented on a former occasion, all or most of which were against emancipation conditionally, and none on the present, there did not exist any general opposition to it in the minds of the Protestants. There then was no general pre- judice to contend against on the part of the Protestants, and there was sufficient authority to show that they could legislate in respect of concessions for the Catholics. The Catholic bishops had in 1799 agreed to certain resolutions, which declared that . the concessions which were then, and have been since demanded, were not hostile to the discipline of the church. The Pope himself not only declares that such concessions may be granted, but has actually granted them, provided the Catholics be emancipated. This then, would be one good effect of the committee for which he intended to move : it would show to some of the Catholics, that those concessions to which they objected were not only not against the discipline of the church, but accordant with its practice. He would not take up the time of the House by mentioning in detail the grievances which at present affected Ireland. They might be classed under a very few heads. She had commercial and financial difficulties ; but a great deal of he~ present misfortunes might be traced to religious animosities. The causes of the other evils of Ireland might be removed with perhaps little difficulty ; but it would not be easy to remove many of the evils which arose from religious distinctions and the effect of the penal code, without a particular investigation. ■ To this inquiry he called the House ; by it they would reduce those who made religious differences a pretext for disturbance, to a mere banditti, because the removal of that pretext would be the result of the inquiry, and having no foreign power to aid them in their wish for disturbance, they would die from jej unity. If the result of the inquiry which the House might enter into did not satisfy some of the Catholics, it should be recollected that the duty of the House was to serve, not to satisfy them ; and if they succeeded in the former, he trusted they would have firmness and spirit sufficient to act upon that conduct which justice and duty should point out. Most of the evils which at ] reent affected Ireland were not to be attributed to the system i ux-ued by one or another chief governor. He by no means wished CATnOLIC QUESTION. 411 to attribute them to such cause. The fault lay in the law, which obliged the government of Ireland to act with a marked partiality to one sect. Until this defect in the law was remedied, it would be impossible for any chief governor of Ireland to act impartially. The fault, then, of the government of Ireland, as far as its government was affected by the operation of the penal code, rested with parlia- ment, who had it in their power to repeal that code. Almost all the evils which affected Ireland, whether they originated in this code or not, were fostered and fomented by it. The United Irishmen had not originated in religious animosities, but their disturbances had at length turned into that disordered channel. Thus it would ever be; there was something radically bad in the law, and as long as it was not remedied, so long would it continue to be the nurse of every evil which arose in the state, whether originating with itself or not. A sore on the finger may, though in itself not very dangerous, be turned to mortality. It was the same in the body politic ; small evils may thus become the channels through which great miseries might flow on the state. The honourable gentleman then contended, that it was essential to the security of the empire, that the evils which existed in any part of it should be traced to their source, in order to prevent their spreading, or being the cause of others as pernicious as themselves. He observed that the societies of Orangemen, which caused so much disaffection between Protestant and Catholic in Ireland, had arisen from the effects of the penal code. Another evil which arose from it was, that the people of Ireland, he meant the Catholic population, were not identified with the law. The advantage of that identifi- cation would be to unite all in defence and support of privileges which all equally enjoyed ; but this advantage, which was contem- plated by the Union, was lost by the continued existence of partial laws, which, while they obliged the Catholic to defend the consti- tution, gave him little or no share in the privileges of that constitu- tion. It was vain then to expect, that while such partiality existed, the great body of the Catholics could be identified with the laws. So long as this code of laws remained unrepealed, so long would there exist in the state a large body of men, of whom the government must necessarily be afraid, and to overawe whom it would be necessary to support a large standing ami}'. This was a necessary consequence of the penal code, and not its least obnoxious one, as it tended to draw on a military government. It was true the soldiers so employed may not be badly disposed, but as long as the soldiers in any country exceeded a fair proportion 412 CATHOLIC QUESTION. of the population, so long is the liberty of the inhabitants held, not by the law, but by the clemency of the army. He had every respec* for the army, he applauded them for their unparallelled victories ana for their strict discipline, but still he could never consent that British subjects should hold their liberties at their pleasure. He did not mean to say, that the support of a large standing army was the in- tention of the continuance of the penal code, but such was its effect. It was necessary that this army should be kept, in order to keep down a proscribed people. It was also necessary that this army should be paid at a vast expense to the country ; and for what was all this expense and this risk of a military government incurred ? To keep such men as the Duke of Norfolk or the Earl of Fingall out of parliament, lest if they got a seat there they should seek by treasonable conspiracies to overturn the constitution. But why should these, or any other Catholic noblemen, seek to overturn the constitution when they were admitted to a participation of its privi- leges ? Or if they were so disposed, how could they effect it ? Would it be by applying to France ? No. To Spain ? No. We were in peace and amity with those powers. Was it then to the Pope they would apply ? Such an idea was ridiculous. The Pope had not the power, nor if he had, was he disposed to exert it. Yet it was for this we were obliged to keep up a large standing army, to prevent a few noblemen from doing that which they would not do if they could, and could not if they would. Yet these were the idle fears for which we were called upon to make such sacrifices. He begged leave to add, that the empire, according to the admis- sion of all parties, was at present in a state of great splendour. We had made great additions to it by conquest, and it required large standing armies to keep those conquests. Why then should we add to the number of our troops, in order to keep a part of our fellow- subjects as aliens in their native country ? Such conduct was most absurd and impolitic, and tended greatly to reduce the strength of the empire. Here then was the danger which was to be incurred ; and for what ? For refusing emancipation on those very terms on which it had been opposed some time back. The opponents of emancipation feared some time back, that by granting that measure, they would be granting an influence to a foreign power ; that fear was now done away by the terms which he proposed. The terms would place the Catholic prelates out of the danger of any foreign influence, and sufficiently under the power of the crown for any security which it could demand. He begged the House to be on their guard against anything like recrimination on the Catholics. It CATHOLIC QUESTION. 413 would not be politic to refer back to ancient dates of history, to sea what had been done on former occasions by them. It would be sufficient to know, that in 1782 we had made most important con- cessions to Ireland, which we should not now retract hi part, by refusing the benefits of our law to three-fourths of its inhabitants. It had been once said, that Ireland would not receive the English law when it was pressed upon her. The House should not now act upon a contrary principle, and refuse those benefits to so large a portion of the Irish population, who would receive them with joy and gratitude. He then moved, " That this House will, early in the next session of parliament, take into its most serious consideration the state of the laws affecting his Majesty's Roman Catholic subjects in Great Britain and Ireland, with a view to such a £ual and conciliatory ad- justment as may be conducive to the peace and tranquillity of the United Kingdom, to the stability of the Protestant establishment, and to the general concord and satisfaction of all classes of his Majesty's subjects". May 9, 1817. Mr. Grattas t previous to submitting his motion to the House on the subject of the Catholic claims, moved, " That the petition of the Roman Catholics of Ireland, presented on the 15th of May, 1816, be read." The petition was accordingly read by the clerk. Mr. Grattan then said : Having been applied to by the Roman Catholics of Ireland to bring their case under the consideration of the House, I shall now proceed to discharge the duty I have under- taken. But, sir, it is not my intention at present to go into this important question. I shall entreat the indulgence of the House to hear my sentiments fully by way of reply. Upon a question of this sort, which has been debated in this House so often, it would be monstrous presumption in me to expect to be heard twice in the course of one night ; I shall therefore request the indulgence of the House for my reply ; and shall now trouble gentlemen but a very few minutes. The resolution I intend to move is, for a committee to take the laws affecting the Roman Catholics into consideration. It is the same motion which was carded in 1813, and does nothing more than pledge the House to examine the penal laws, with a view to relie e the Catholics, to give every security to the Protestant 414 CATHOLIC QUESTION. establishment, and ultimately to impart satisfaction to all orders of men in the empire. I say ultimate satisfaction ; because in such a question as this, the hope of giving immediate satisfaction to every order of men, is a matter of utter impossibility ; and therefore the House must legislate to the best of its judgment, with a view to the ultimate satisfaction of one party, and the immediate relief of another. I have read the report* which my learned and useful friend (Sir J. C. Hippesley) has presented to the House, which has clearly shown you that, in all the great countries of Europe, there is a civil and military toleration, incorporation, and qualification, for all religious sects ; that there is, in nearly every state of Europe, a certain con- nexion between the clergy and the government, so as to preclude the danger of foreign influence ; and that England is almost the only country where such an arrangement has not yet been made. I beg to observe, that there is now every reason to hope, and there is no reason to doubt, but that securities may be had, and such securities as the House will perhaps think desirable. There may be domestic nomination, there may be a veto — there may be both ! Now you may command your own securities, and therefore let not gentlemen say : " We cannot accede to Catholic emancipation, because we have no securities The question is, will you endanger the safety of your own church, in order to exclude the Catholics from the consti- tution ? You now have securities, both for church and state, at your command. If you exclude the Catholics, if you keep from them civil and military rights, will you not say, that you will exclude the Protestant church and the Protestant settlement from security ? That is to declare, that you will prefer to the securities which your fellow-subjects offer, and which have so often been represented as necessary to the safety of the church and state, a monopoly, the monopoly of power, the monopoly of seats in parliament, the mono- poly of civil and military offices. Is it not to say, that you will prefer this power, not to the freedom of your Roman Catholic fellow- subjects, but to the security of the Protestant church ? 80 that it will appear that, having called for securities in order to justify you in granting liberty, you now refuse them when offered, and exclude the Catholics, in order to prevent them from participating in that power which they were expected to share. I beg leave to say, that the present question is not about the means by which securities may be effected. I will not debate that point. The question is, whether * Official papers relating to the regulation of the Roman Catholics : printed by order of the House of Commons. CATHOLIC QUESTION. 415 any securities whatever will be received ? Let me tell you why. There is a communication between the Pope and the Catholic clergy, which must end either in incorporation with the See of Rome, or connexion with the government of England, and if the latter be refused, it will be dangerous to the safety of England. You will have the Catholic clergy incorporated with the See of Rome, and the Catholic laity discorporated from the people of England. I shall go into a committee to move the repeal of the laws that disqualify the Catholics from civil, military, and naval power, subject to such arrangements as may be judged necessary for the safety of the Protestant religion, the act of settlement, and the government of Great Britain ; that is to say, subject to such provisions as you will feel necessary for the security of your church and state ; that, if you choose to adopt the resolution, you may show to the world that you have ceased to be the only comitry in Europe that withheld those rights, but that you are ready to give franchises, and that you are willing to grant a participation in the benefits of your constitution to your Catholic fellow-subjects. This will acquit you with regard to your having a just idea of the principles of liberty, whilst the secu- rities you will receive will effectually protect your civil and religious privileges. Give to the Catholics all they require, taking care that your church is properly protected. This is the principle on which the question will stand, and the point which you must ultimately concede. With respect to safeguards, I think there is no man, when he procures rights which he considers inestimable, that ought not to give you those securities, which, while they do not trench on the Catholic church, afford strength and safety to the Protestant religion. I shall now move : " That this House do resolve itself into a committee of the whole House, to take into its most serious consideration the state of the laws affecting his Majesty's Roman Catholic subjects in Great Britain and Ireland, with a view to such a final and conciliatory adjustment as may be conducive to the peace and strength of the United Kingdom, to the stability of the Protestant establishment, and the general satisfaction and concord of all classes of his Majesty's subjects". I beg to say this, that my idea is not, in any degree whatever to put it out of the power of this House to insist on full satisfaction relative to the proffered securities, before they proceed to legislate ; so that nothing that shall occur in the House, either now or at any future period, shall be considered operative, unless the House be perfectly satisfied that the secmities offered will insure the safety of the Pro- testant church and state. 416 CATHOLIC QUESTION. On the close of the debate Mr. Grattan spoke as follows : — I beg to restate what I said in the beginning, that you can now command your securities, and in refusing to agree to this motion, you not only reject the emancipation of the Catholic subject, but the security of the Protestant. It is very true, a certain unpopularity may for a while attend one species of security, but I agree with the noble lord (Castlereagh), you are not to legislate to please, you are to legislate to serve, you are to legislate to save ; and then, rely on it, you will ultimately satisfy. If you reject this motion, I repeat it, you reject your security, you oppose the franchises of those of another religion, and the security of your own. The right honourable gentleman (Mr. Peel) has called our system a Protestant constitution; as justly might he have called it a Protestant empire ; he means a constitution to which the Protestants have an exclusive right without the participation of any Catholic member ; he will prove that title. I do not find that he has produced any authority in which that constitution is called Protestant, and if he did, denomina- tion is no title. Still less can he advance prescription ; the consti- tution was the work of Catholics, and the fundamental laws the work of Catholics. The bill of rights, and the declaration of rights, went no further than to declare the rights obtained by Catholics. The right honourable gentleman has no right to say, the oath is a fundamental law; the oath was not intended to go against the Catholic religion, but against those who obey the temporal power of the Pope, and such is the explanation by act of parliament. [Here the statute of 33 Geo. III., chap. 44, was read.] Mr. Grattan proceeded and observed, that the preamble ran thus : that the oath was a dogmatic renunciation of religious tenets, instead of an oath of allegiance ; that the oath had been enacted to preserve the government against the attempts of those who were supposed to acknowledge the temporal power of the Pope, and not against their religion ; that it was accordingly repealed, and the oath of allegiance put in its place. I speak of the repeal of the Scotch oath of 1793. There is another act which declares the oath to be provisional, and if provisional, of course, not fundamental. The Irish act of Union enacts, that the qualifying oath and declaration shall be taken until altered by parliament, and it had in view this very question, namely, the admission of the Catholics into parliament. Here, then, are these gentlemen declaring the oath to be fundamental, and here are two statutes declaring the contrary ; which then will you believe ? Gentlemen say, the Catholics are excluded by the fundamental laws of the land from all political situations. The act of parliament saya CATHOLIC QUESTION. 417 exactly the contrary : " Be it enacted, that persons professing the Catholic religion may enjoy all places, civil and military". Having failed to make out this exclusive title by law — on the contrary, being oonvicted in the attempt by act of parliament, they endeavour to make out a title by inference : they say the King must be Protestant, the lords must be Protestant, and the commons must be Pro- testant. They are mistaken ; the lords are not exclusively Pro- testant, writs are now sent to Catholic peers ; the commons are not exclusively Protestant, the commons are in part Catholic ; the con- stituency of Ireland, and they form no small part of the electors, are in no small proportion Catholic. Gentlemen make a comparison between the body and the House wherein it acts ; the House are not the commons ; the commons are those who elect and act by repre- sentation ; accordingly, the King thanks the commons, and impeach- ments are made in the name of the commons, and survive prorogation or dissolution. I have two objections to their argument ; it raises disabilities on inference, which is against a principle of law, and it founds inference upon what is not fact. You cannot take away the prerogative of the crown by inference ; you cannot take away the privilege of the people by inference. They have failed to make out an exclusive title to this constitution, they have produced nothing in the letter of the Revolution, and the spirit is all against them. The Revolution, properly understood, was not a victory of Protestantism over Popery, but of civil and religious liberty over oppression ; and the Catholics were excluded from its benefits because they were ranged in the cause of that oppression. They were excluded then, because they were in a state of war ; and they are admissible now, because they are in a state of allegiance. Gentlemen have said that the Revolution was a final settlement of reli- gion; no such thing; the penal laws took place a considerable time after ; and then their argument is, that this final settlement was open to penalties and shut to benefits. Gentlemen having failed to show that the Protestants have an exclusive title to the benefits of the constitution, or to say more properly, that the constitution is her- metically sealed against Catholics, are reduced to prove that they have a right to exclude the Catholics from political power. I do not enter into the question of natural right to political power ; out I do say that the Catholics have a right to the attributes of law, universality, and equality ; and I do further say, that the Catholics have a common-law right to eligibility. The parliament does not give that right, but the parliament takes it away. The common law gives the Catholic the right of eligibility, and the parliament deprive* 418 CATHOLIC QUESTION. him of it. The parliament may do so ; the parliament must, and does regulate that right ; so with regard to qualification ; so with regard to persons concerned in the collection of the revenue ; so with regard to placemen and pensioners. Parliament may take away that right, but it must be for a good reason, and religion is none — religion is no just excuse for disqualification. Every man has a right to communicate with his God without the interference of the state. The moral atrocity which has been charged upon the Catho- lic religion, and which is no part of religion, namely, violation of faith and contempt of allegiance, are imputations now too long exploded to be dwelt upon. They are incompatible with any society, and they are inconsistent with the truth of the Christian religion. Such charges are no ground for disqualification. The incompatibility of the seven Romish sacraments with allegiance to the House of Hanover, part of which is recited in the oath, as little can it form a ground of disability ; imputed disallegiance can form no ground of disability ; and their allegiance, declared in four acts of parliament, 14th, 18th, 22nd, and 43rd of the king, the right of property granted in 1778, the rights of religion in 1782, the right of franchise and of arms granted in 1793, preclude any question regarding dis- ability on account of disaffection. The inability of the Pope to shake the British empire, and his disposition signified by the letters of Quarantotti and Litta, go still farther to take away any pretence of disability on account of disaffection. But they say the Pope has revived the Jesuits, and this is an argument for attainting the Catho- lics ; they say the Inquisition is revived, and this is a good argument for disqualifying the Duke of Norfolk and Lord Fingall ; they say that the Catholic draft of 1813 was a bad bill, and therefore the act of William, imposing the oath, is a good law ; but the question is not whether a particular committee be capable of drawing an act of parliament, but whether the Roman Catholic be incapable of alle- giance ? An honourable gentleman (Mr. Webber) dissents, and says, if there was an opportunity, the Catholics would rise. You will observe that this is evidence, not argument, and evidence of an opinion, the ground of which he has not thought proper to establish. If the Catholics be so disposed, which I deny, it must arise from their particular situation by his own account, and not from the Catholic religion ; that is, it must arise from nativity and from the laws ; if from nativity, his argument is this, that God has made men in Ire- land for rebellion ; if from the laws, then why does he defend a system which he acknowledges must produce disaffection? The CATHOLIC QUESTION". 419 member refers to history ; the history of Ireland is a history of oppres- sion, of a people ill governed, and a government ill obeyed. The historians were, for the most part, partisans, and afraid to speak truth ; but do not go back to those periods of your common disgrace ; rather go to those periods where you fought together, to those battles where you have conquered. Here a battalion, here a troop stood for the empire, and then learn this practical knowledge, that, " Without a priest, his sword the brave man draws, And asks no omen but his country's cause"'. I beg to observe, that the gentlemen on the other side have esta- blished no ground for disqualification ; none in religion abstractedly considered ; none in the charges of atrocity which they have made against it : none in the supposed incompatibility of the seven Catho- lic sacraments with the House of Hanover ; none in the connexion with the Pope, which now ceases, except they please to continue it ; none in the charges made against Irish Catholics, and they are refuted by the declaration of parliament and their acts of allegiance. The disqualification then becomes an act of power, and the argu- ments that support it, not only irrational, but criminal. It is a crime to say, you should punish the children for the offence of the father. It is a crirue to say, you should punish the many for the offences of the few. It is a crime to say, you would deprive of the benefit of the law a great portion of your countrymen, without a reason. Such reasons are not only contrary to justice, but contrary to religion ; they do not tell in Christianity. If the arguments be true, the religion cannot be so ; they amount to a position, not that the court of Rome, but that the religion of Christendom, is an abomination. They are not the arguments of statesmen defending a country, but the arguments of sectaries defending a monopoly. A sectary is not content with saying that his own religion is the best, but that all other religions are bad ; he takes from the Deity His attributes, and gives Him his own, his pride, his passion, his love of plunder, and his love of power. When the sectary says, exclude him from the constitution, he means, give me the monopoly of power. When the Divine says, exclude him from the constitu- tion, he means, give me the monopoly of wealth. In both, it is the rank sweat of earth, and a spiritual call in neither. I wish well to the Established Church, and would give it everything but the liberties of the people. An honourable gentleman (Mr. Leslie Foster) ha3 said, that this is a case of defence, that we are only protecting our constitution 420 CATHOLIC QUESTION. and religion, that the proposed measure would only produce a revo- lution in both countries ; a gentleman says this, endowed with much information and ability. The Protestant establishment, the Protes- tant church, are great names certainly ; but in order to make them anything more than a mere outcry on the present occasion, it is necessary to show they are in danger. Seven or eight noble- men would come into the House of Peers, and perhaps ten or twenty members into the House of Commons ; is this a revolution ? or would this justify you in disqualifying a great portion of your fellow- subjects ? It is then necessary to prophesy, and gentlemen say this would become a majority in Ireland, then a majority in England, and bear down the House of Peers, and finally depose the king. I say no ; and for the reason they give ; because the majority they 1 say will draw the power ; and the majority in the British empire is Protestant. But I gravely ask yon, will you on the strength of prophecy, and such a prophecy, disqualify your people ? Mr. Fox has observed, that if men had an interest in it, they would deny a mathematical as well as a moral truth ; here it has happened ; minority is majority, and nothing is, but what is not. Such has been the danger which gentlemen apprehend to the constitution. Now let us see the safety which they administer ; and, first, they reject the security, and, instead of security, they suffer an unrestained intercourse between the church of Rome and the Irish clergy ; so that there may be a complete incorporation with the See of Rome, accompanied by a complete disincorporate of the people from the constitution of England, to be accompanied with a tax on both countries, and chiefly on England, in order to guard the penal system in Ireland against the people. Penal system! do I say? What! are you not yet a people? Have you been so many centuries with the powers of revenue, of government, of legislation, and are you not yet a people ? And have you incurred a debt of £25,000,000, as it existed before the Union, telling nothing in empire, and only spinning on your own axis, and do you now seek to continue a system, which has thus kept you divided, and support it with barracks and forces, and inflict pains and penalties on your people ? " It is true we have prayed for you, much ; we have drank for you, much ; and now all we want is everything you have to give, at the expense of the strength of the empire ". This is not the state of Ireland, but it is their idea of her safety ; fortunately for the empire, she has acted upon a very different principle. She has acted as a nation, not as a settlement; sh© CATHOLIC QUESTION. 421 has contributed to restore the empire, by rejecting a system those mistaken men would impose upon her; a system impolitic, immoral, and unchristian ; no state can be formed on it, no morality can be reconciled to it, Christianity protests with all her charities against it ; it stabs the dearest interests of men, and aggra- vates the crime by assuming to act in the name of the Almighty. May 3, 1819. Mr. Grattan presented eight Roman Catholic, and five Protestant petitions in favour of the Roman Catholic claims; he then rose and said: I beg leave, Sir, in presenting these petitions, to express my most ardent hope, that they may ultimately succeed, and that in their success they may give strength to the Protestant church, to the act of settlement, and to the Protestant succession to the crown, and that they may form an identification of the people, so as to preserve tranquillity at home, and security and respectability abroad, while the two religions under the roof of one and the same empire, may exercise their respective privileges, with the same God, the same Gospel, and the same Redeemer, with different sacraments, but the same results, and hi their different notes, with all the variety of nature, but with its concord and harmony also, offer up their prayers to their common Creator. It is submitted that the Roman Catholic combination of Europe has ceased ; that the race of the Pretender is extinct ; that the dangerous power of the Pope is no more ; and that the imputed attachments are not only gone, but the objects to which there could be any attachment are annihilated. The Roman Catholics claim a common-law right of eligibility, subject certainly to the control of parliament : they formerly sat in parliament, and held offices, as you now sit in parliament, by virtue of that right ; should you repeal the disabling statutes, you do not give, you only restore ; should you please to continue the penal statutes, it is a sentence where you are to prove their delinquency before you call upon them to establish their innocence. There is no doubt that parliament has a right to disqualify ; the safety of parliament depends on it ; you have done so in the best of times ; you have disqualified placemen and pensioners of certain descriptions ; you have disqualified revenue officers, and you have ascertained the qualification of members of parliament, with a view 19 422 CATHOLIC QUESTION. to secure its independency ; but there is one privilege which you cannot affect — you cannot disqualify on account of religion ; the subject worships his God in defiance of his fellow- creature ; it is the prerogative of God, as well as the privilege of the subject. The king who would interfere, puts himself in the place of his Maker, and attempts to jostle the Almighty from His throne ; he has no credentials from God, and he can have none from man ; all the kings of the Earth, and all their artillery, horse, and foot, and dragoons cannot, in the mind of the meanest individual, establish a conviction of any proposition, moral, religious, or mathematical. Indeed, you are too enlightened to doubt this ; and therefore it is said, we do not exclude the Roman Catholics on account of their religion, but that we consider what they call their religion to be evidence of tenets and affections which do not belong to religion, and which amount to a disregard of the obligation of an oath and the duty of allegiance. Let us suppose Sir George Jemingham tried on that charge, and that the arguments tendered in evidence were, the proceedings of the council of Lateran, the revival of the Jesuits, the restoration of the Inquisition, Gandolphy's pamphlet, his reception by the Pope, And the politeness of the Pope's chamberlain : the judge who should suffer such evidence to go to a jury would be impeached, and the jury who found on such evidence, would be attainted. Suppose the counsel on the side of the defence should tender in eyidence the divers oaths which the Protestants had prescribed, and which the Roman Catholics had taken, the answers of the six universities against the imputed slander, the list of the killed and wounded, the battles won with Catholic blood, and, in answer to the objec- tion arising from the appointment of a Roman Catholic prelate by the Pope, he should say, that this was the only part of the question which, by any pretence, came within your jurisdiction, but that objection was answered by the Pope's own letters, containing an offer of the veto, and that you, in refusing that offer, rejected the security of the church, when it came accompanied with the liberty of the people; such a tender by the counsel, the judge would observe to be unnecessary, inasmuch as the other side had made out no case. Here then I beg to observe on this part of the subject, first, that the Roman Catholics had a common-law right to eligibility; secondly, that the parliament had, in justice, no right to require them to abjure their religion ; thirdly, that the Roman Catholic religion is no evidence of perfidy or treason ; fourthly, that you reject the Roman Catholics for what they have abjured, and you further require them CATHOLIC QUESTION. 423 to abjure that which does not belong to the cognizance of the civil magistrate, namely, the articles of their religion ; and in so doing, you commit that for which a judge would be impeached, and a jury might be attainted. In continuing the disqualification of the Roman Catholics, we not only deprive them of the common-law right of eligibility, but we affect the foundation of our own faith, and disobey the prime order of natural and revealed religion : when we say, the Roman Catholic is affected with circumstances idolatrous, and incapable of moral obligation or political allegiance, we say the Roman Catholic religion is not divine ; saying that, we affirm that Christianity does not extend to France, to Italy, to Spain, and a great part of Germany ; saying that, we say that Christianity has made no way, and of course deprive it of one great proof of its divinity ; saying that, we say that the Pope has foiled his Maker, that a man proves too strong for Almighty power, save where a few nations have rescued the wreck of His omnipotence from general discomfiture. The Atheist hears all this, goes along with each sect while it attacks the other, and instead of stopping short at Protestantism, proceeds to infidelity. I say, we affect the foundation of our faith, and disobey a prime order of natural and revealed religion, which is to love one another. In no other way can you serve your Maker ; prayer is adoration, not service ; by serving one another, you become a part of His creation, and an auxiliary member of His system; for this, the Redeemer came among you ; He came supported by miracle, prophecy, and the internal evidence of transcendent morals, to ordain two great truths — the love of God, and the love of man ; the love of man was not only the order, but the object of His coming. You answer, you do not obey ; that your fellow-Christians are in general idolaters, and the object, for the most part, of moral disapprobation. God then has left mankind so imperfect, as to make His own com- mands impossible ; and accordingly we disqualify a great portion of our fellow-citizens, and denounce a great proportion of our fellow- Christians, and disobey our Gospel, except you can prove that the Gospel does not comprehend those who believe in seven sacraments, or that its blessings are to be confined to alms, and that the greater part of our fellow-Christians are objects of our charity, not ol ou benevolence. You answer this by charges against the Roman Catholics. I have stated those charges to be unfounded ; you yourselves do not believe them; you did not believe those charges in the 17th of the 424 CATHOLIC QUESTION. King, when you declared the Roman Catholics to be good and loyal subjects ; you did not believe those charges when you gave them the right of bearing arms ; you did not believe thosp charges when you gave them, in Ireland, the elective franchise ; you did not believe those charges when you gave them the army and navy ; you did not believe those charges when you restored the Popedom ; you carried the Pope on your back, the great infallible, whom you supposed would command the allegiance of your fellow-subjects, but whom you found a feeble potentate, who could not command a Roman Catholic musket in the region of Popery, strapped to the war-horse of a great captain, viola- lated in his own dominions, and whom the Roman Catholic nations had suffered to be deposed, until the great Protestant power restored him. I flay, did you restore the mass in Italy, in order to punish your fellow-subjects for Popery ? No ; but you saw the danger came from another quarter ; you saw that Christianity of every sort was compa- ratively safe, but that infidelity of every description was dangerous. You did not believe these charges when you helped to restore the house of Bourbon, and with them to give new strength to the Roman Catholic religion in France. France had claimed to walk with reason, and despised to walk with God, and she stumbled ; you saw that the cold acknowledgment of a first cause would ill supply the place of the living God and the glowing devotion ; you saw that a Roman Catholic church establishment was a better guide than a rueful philosophy, and that Christianity, with seven sacraments, w r as better than infidelity ; peace had lost the sweets of affiance, and war the properties of honour, and the reign of the philosopher was a proof of the necessity of religion. Accordingly, you waited for its revival — the revival of the Roman Catholic religion, as a means of faith and a bond of treaty ; and as you endeavoured to restore the principles of order without disputing the particular government, so you endeavoured to revive the elements of Christianity without disputing the particular religion ; and in so doing, you introduced in Europe a political conformity on the subject of religion ; you cut off the hostile appeal to Roman Cathojic princes ; and accor- dingly, the different kings, Protestant and Roman Catholic, have united, by the bond of Christian fraternity, to support the Christian religion. You have changed the ecclesiastical position of Europe : the two religions, Protestant and Roman Catholic, had been in a state of mutual hostility, they are now in a state of mutual defence, each preferring its own establishment, but both concurring to defend the principles of government against the anarchist, who would depose the king, and the principles of Christianity against the CATHOLIC QUESTION. 425 infidel, who would depose the Almighty ; but you cannot limit the benefit of these principles to foreign powers ; a conformity of religion abroad must be in substance a comprehension of religion at home ; you cannot set up the Pope in Italy, and punish Popery in England ; you cannot favour the religion of kings, and punish the same religion in subjects ; that were to declare, that religion was an artifice of state to protect power and abridge liberty. But it is said, if you emancipate the Roman Catholics, then clergy will overturn the government, they will use their influence with their laity, and their laity will use their new power, and forfeit their lives in the vain attempt to give dominion to their church. They rest this argument on a position which is fundamentally erroneous ; it supposes that man struggles for the domination of his church estab- lishment by nature. Man is not attached to church establishment by nature. Church establishment is a creature of art and a question of politics, not a work of nature. The argument goes farther, and says that men would prefer the domination of their church establish- ment to all considerations, moral or political ; that is to say, that all men are by nature fanatics. It is true the Deity is a natural im- pression, but the bishop is not the Almighty ; the Deity has come amongst us with the Gospel in His hand, and the Gospel contains a morality in the face of those ungrateful and rebellious proceedings here apprehended : the moral of the Gospel is common to the Roman Catholics, and in this case the argument then would be, that the Roman Catholics would rise against their God, against their Gospel, and against their King, to rebel with their clergy. This argument- is not only not according to human nature, but the reverse ; it sup- poses Dr. Poynter, an excellent subject, will, upon the emancipation of his flock, say to the Duke of Norfolk : " Your Grace is now pos- sessed of the privileges of the constitution, you will now of course try to subvert the government": that is to say, lose your head by a fruitless effort to get me made Archbishop of Canterbury. It supposes that Lord Shrewsbury, Lord Fingall, Lord Clifford, excel- lent subjects when deprived of their privileges, on their emancipation, to precipitate on treason. With them the moral elements are reversed; kindness revolts ; injuries reconcile. Strange men! such as human nature never created ; you hug your thraldom ; you rebel against your privileges, and you fall in love with death, when it is to be administered by the hands of the common hangman. This argument arrives at last to the monstrous palliation of two crimes ; rebellion of the Roman Catholics for the ambition of their church, and pains and penalties imposed on the Roman Catholics for the 426 CATHOLIC QUESTION. exercise of their religion ; and the Gospel, instead of being a system of charity, becomes a scale of ferocity. The argument I combat, goes not only against the nature of man, but against the drift of the age. The question is not now, which church ? but whether any ? — Church or no church ? God or no God ? When you attack the religion of Europe, you attack the religion of England. When you attack Dr. Troy, you attack the Archbishop of Canterbury. In vain shall Oxford come forth and say, we never meant this ; we only disapprove of auricular confession j we abhorred extreme unction ; we petitioned against extending to the Eoman Catholics the full benefits of the constitution. The infidel or the sectary, who will succeed the Church of Home, will answer : " You swore the religion of Europe was a humbug (to use their low expression), and taught us to suspect your own ; yon argued that the hierarchy of Europe would overturn the govern- ments that restrained its ambition, and thus you swore so stoutly, and argued so well, that you have conquered your own religion. There is a great similitude ; you send for the clergy when you are sick ; you send for the clergy when you are dying ; your sacrament is more than a commemoration, though less than a transubstantiation. There are shades of difference, it is true ; but if their hierarchy be so abominable, yours cannot be pure, and in your common downfall you will learn your similitude". I speak of the tendency of their argument, I do not speak of the conduct of our church : upon the whole, on this question, I think the church appears to be placable. I love the mild government of the Church of England ; it is a home for piety ; it is a cradle for science ; so that by an early alliance with divinity, you guard the Majesty of Heaven against the rebellion of wit. Those who would send back the clergy to the hair garment and the naked foot, would be the first to deride. I like the arched roof, the cathedral state, the human voice, and all the powers of evangelic harmony ; they give a soul to our duty, and sway the senses on the side of salvation. The wisest men we know of, Locke and Newton, were Christians and Protestants ; it is the minor genius that mutinies against the Gospel : he affords to the universe one glance, and has not patience for the second. But I should think I provided ill for the security of our church by the destruction of others. The objection which alleges the growth of demand, naturally con- nects itself with this part of the subject. If the Eoman Catholics get a share in the state, they will demand a share in the church, that is to say, they will desire to become Protestant clergymen. The CATHOLIC QUESTION. 42T law may make a Catholic a member of parliament, but cannot make him a Protestant clergyman ; there the nature of things interposes limits ; but if they mean that he will desire a church establishment of his own, they are mistaken ; it is what the Protestants in general wish to give him, and the Roman Catholic declines ; he declines because he does not feel that impulse, charged on nature, in favour of a church ascendency ; because they wish to have their pastors a little nearer to themselves, and less connected with the court : the progress of demand does not arise from the unreasonableness of the Catholics, but from the nature of things. In the time of the Pretender there was a general disability ; at the death of the Pre- tender some of the penal political provisions were by law to cease : when the Emperor Joseph repealed the principal provisions against the Protestant you naturally proposed a corresponding repeal : when the French made great changes in their religion, and their country ceased to be a champion of Popery, a further repeal took place ; and now, when you have established a political conformity abroad, a political comprehension at home naturally presents itself ; it is not the growth of demand, but the ceasing of the hostile circumstances which were incident, but not essential, to the Roman Catholic religion. There was a time, perhaps, when less could be said for the repeal of the penal code, and the time has now arrived when nothing can be said for its continuance. Your error is, that the circum- stances that belong to the times you annex to the sacraments of their religion. And now I must add another objection interposed in the way of Roman Catholic emancipation, and that is, a denomination not less respectable than the Revolution ; a great event, but a human transaction, and the arrangement of man ; but what is here claimed is the dispensation of the Almighty. The Revolution does not repeal the New Testament ; the Revolution, properly understood, is the victory of civil and religious liberty, not over a sect, but over a tyranny. When the Roman Catholics cease to sup- port that tyranny, they are entitled to the benefits of the Revolution. It is said, that the oath and declaration framed at the Revolution were intended to be final : parliament says otherwise ; the House of Lords, in its resolution of 1705, says otherwise; in the act of the Scotch Union, it declares that the oath and declaration were not tu be final. Again, parliament, in the act of the Irish Union, declares, that this oath and declaration were not to be final. You will ob- serve that the declaration is conventional ; in order to obtain the approbation of the Roman Catholics in favour of the Union, they 423 CATHOLIC QUESTION. were informed by parliament that their exclusion was not final ; so that, instead of a covenant amongst the Protestants against the Roman Catholics for their final exclusion, there is a covenant of the Protestants with the Roman Catholics, against their final exclusion ; the argument is nothing less than a proposal to break that covenant. I have understated the force of the Roman Catholic case on this part of the argument ; the oath and declaration were not only not intended to be a final exclusion of the Roman Catholics, but did not purpose to exclude the Roman Catholics generally, but directed its rigour against such as refused to abjure the temporal power of the Pope : such is the act of 1793. Now this description does not com- prehend the present race of Roman Catholics, and therefore they do not come within the meaning of the exclusion : such is the act of 1793. It contains three principles : it condemns the oath and declaration ; it repeals the oath and declaration in the instance of Scotland ; and it declares that Roman Catholics in general did not come within the rigour of the act of exclusion. Gentlemen talk of a Protestant constitution ; it seems they prescribe for a Protestant constitution ; what! for a constitution in favour of the Protestants, before the existence of the Protestant religion ! Baptism is no title ; you may call your son George Brunswick, but that does not give him the crown ; the component parts of the constitution are not exclu- sively Protestant, the peers are not exclusively Protestant, the com- mons are not exclusively Protestant, the Irish electors are not exclu- sively Protestant, and yet they are a part of the commons. You are not to confound the third estate with the House in which that third estate is represented, or to suppose that the commons are only the representatives, and not the electors: but Protestant constitution is a good name, and excites the feelings without any meaning annexed ; so they answer the Gospel ; their evangelical duty is stated ; it is said the Gospel ordains that you should love your enemies ; they reply, the battle of the Boyne, the Revolution of 1688, and the glorious memory of King William. Thus they answer the Gospel by toasts which tickle the brain without reaching the understanding, and produce intoxication instead of conviction. They speak of Ireland ; it is a common case of colonization, except where your policy made it peculiar ; you made an exclusive system, and prevented your own amalgamation. When they say the Irish are disaffected, I deny it ; but if they are, who made them so ? not their five additional sacraments ; it must then have been oppression; you acquit oppression, and convict their religion ; and bearing false witness against the people, their detractors desire two things, to get CATHOLIC QUESTION. 429 a monopoly of all the good things in this life, and in the next glory everlasting. They have been at this work for ages : they have gotten the land, established our religion, and disqualified the ma- jority ; we have given them good reason for so doing, by asstiring them of the idolatry of their faith, the treason of their politics, and the perfidy of their religion ; and unable to reconcile a perverse generation, we desire barracks and an army. This is the account men give of the result of their politics in Ireland, and in this account they do justice neither to the Roman Catholics nor to themselves. The Protestants in Ireland are not tyrants, the Roman Catholics are not rebels, and the Protestants and Roman Catholics together form a fine race of men. The Protestants have, in many instances, saved to the Catholics their inheritance, and, in general, respected their persons. The Irish heart, better than the law, rescued humanity from the barbarity of the statute. Make it a point of spirit, and the Irish will yield nothing ; refer it to his heart, and he has the soft- ness of a woman : even the most violent have frequently acted with the milk of a Christian, though they have argued with the fury of an idiot. The Protestants have petitioned in great numbers and in great respectability ; it is impossible not to take notice of the good conduct of the chief magistrate of Dublin, the Lord Mayor,* who acted with temper, firmness, and liberality ; also of the good con- duct of the government and the chief-secretary, f whom I now see on the opposite bench, and whom I hope long to see in the situation that he holds. The petitioners against the Roman Catholics (many of them I know — many of them I personally regard), I would ask them, do they really think their fellow- subjects should be excluded on account of extreme unction? Certainly not. For transubstantiation ? Certainly not. And yet their application, if strictly taken, would, and for no better reason, deprive them of their civil rights for ever : it would go, as far as concerns two-thirds of their fellow-citizens, to a perpetual repeal of the Gospel. The standard of constitution which they frame would be at least as fatal to themselves as to the Roman Catholics; for it is the Revolution of 1688, in which their country was deprived both of trade and the exclusive power of her own parliament, and it was not till one hundred years after that Ireland recovered her trade and her liberty. They will observe also, that there was no law against the admission of Roman Catholics into the Irish parliament at the time of the Revolution, nor did any law take * Alderman M'Kenny. j Mr. Charles Grant. 430 CATHOLIC QUESTION. place till near one hundred years after ; they have then chosen a period as the standard of their rights, when the Roman Catholics were not excluded from seats in parliament by law, and when the whole country was deprived of trade and liberty by power. But it is said, an arrangement is impossible. To take away privi- lege, it seems, then, is easy ; but to restore, to retrace the diabolical course, there is the difficulty. Not the ability and sound judgment of Mr. Ponsonby were adequate (I will name the committee), not the modest truth of Mr. Elliot's intellect, not the refining genius of Mr. Wyndham, not the strenuous capacity of Mr. Whitbread, nor the all-enlightened perfection of Sir Samuel Romilly's understanding. These men were of the committee to frame the bill, they are now great authorities to support it — authorities canonised by death. But I do not despair ; my right honourable friend* still lives ; the trusty constitutional hand that drew that billf still lives ; the noble lordj, his enemies must allow him abilities, he lives; the luminary § by his side, he lives ; and the good ameliorator of the lot of Africa, he lives. || What then is the tremendous obstacle, to overcome which we boast our incapacity ? It is a declaration that the majority of Christians are idolaters ; that our good ally, the Emperor of Austria, is an idolater ; that our good ally, the Emperor of Russia, is an idolater; that our good ally, the King of France, is an idolater; that the King of Portugal, for whom we have been fighting so bril- liantly, is an idolater ; — saying this, we announce that we have crowned idolatry in Italy ; that we have given idolatry new vigour in France ; and have planted idolatry in Canada. This declaration is one obstacle, the oath of supremacy the other : the latter means to abjure any foreign power of any kind, coactive, coercive, or com- pulsory, affecting any power to be enforced by temporal means, any power which is more than conscientious, any jurisdiction of what sort soever in this realm. The Roman Catholic might take that oath properly explained ; will you try him ? Would you explain that oath so as to give the crown the benefit of what is called his complete allegiance ? There are two oaths then in the way of his emancipation; the one, the oath of supremacy, which, if properly explained, the Roman Catholic would take ; the other, the declara- tion, which every Protestant should wish to repeal : to repeal the one, and to explain the other, with such circumstances and accom- * Mr. Tierney. t Sir Arthur Pigott. % Lord Castlereagh. § Mr. Canning. U Mr. Wilberforce. CATHOLIC QUESTION. 431 paniments as may be held to be necessary, are motions that will be submitted to the committee ; refusing them, you will have refused your own security. It is further argued, that all this will not satisfy ; that is to say, to obey the w r ord of God, commanding us to love one another, will not satisfy ; as far as anything is personal to the Almighty, they are ready ; but further they beg to decline, and they make a com- promise with their Maker ; they praise God, and damn one another. When gentlemen have said that the bill of a former year gave universal dissatisfaction, they go farther than they are warranted ; the laity did not give any general expression of dissatisfaction ; some Catholic Bishops certainly did, but they had before expressed their satisfaction, and approved of the bill ; and you will observe, when the Pope objects to the Regium Exequatur, he shows that you may take it if you please, as other princes have done, and he cannot help it. Gentlemen object that the bill gave everything ; how then could it give general dissatisfaction ? Certainly not on account of the two exceptions in it, the seals and the Lord-lieutenancy, for they are the patrons of Protestant livings. Now to tell a Roman Catholic that he cannot be trusted with an office, is to tell him he is a bad subject; but to tell him he cannot be a Protestant patron, is only to tell him he is a Roman Catholic. There are those who disapprove of the veto and detest emancipa- tion ; if you wait until you can reconcile these, you will wait for ever ; because you cannot satisfy all, you will satisfy none. Recol- lect that the question here, is not merely a question of public satis- faction, but a question of public service; and not only a question of public service, but a question of religious duty; and then the argument is, you must take the pleasure of the crowd, before you obey the Almighty. When I say the crowd, I mean a crowd of sectaries. When we consider obedience to a human law, we ask, is it on the roll ? But when we consider the law of God, we ask, is it convenient ? how will it please the prince ? how will it answer our interest in the corporation ? how will it serve us on our elections ? We try the wisdom of God by the folly of man, as we did His person, and decide against both by a presumption which is blas- phemous. Gentlemen call this a question of empire ; the Gospel is not a question of empire ; it is the highest possible command pronounced by infinite power ; it is the highest imaginable interest pronounced by infinite wisdom ; as the empire swerves from it, she falters ; as sbe stands by it, she prospers. 432 CATHOLIC QUESTION. The objection that the Irish are below the privileges that emanci- pation would confer, I scorn to answer. You should answer it ; for that argument would say that you governed the Irish so ill as to have put them below the blessings of a free constitution. They want bread, it is said, and not liberty ; and then you leave them without bread and without liberty ; and here your conduct is as inconsistent as your assertion is unwarrantable. You give the elective franchise to the people so described, and you refuse the representative to those who are not pretended to come within that description. The objection that Eoman Catholics do not love liberty, I despise equally. What ! in these walls to say so ! in these walls that have witnessed the confirmation of Magna Charta thirty times, and in this city, whose tower guards that great sacred instrument of liberty! There are now extant of those who trace themselves to the signature of the charter, three families ; they are Roman Catholics, they are petitioners, and they desire to share that liberty which their ances- tors gave to the people of England. It is said the Roman Catholics do not take the oath of supremacy, and their allegiance is imperfect ; make it perfect then, and explain the oath of supremacy as I have already mentioned, and then the Roman Catholics will take it. Their allegiance is as perfect now as it was before the Reformation, and then it was found sufficient. Their allegiance is as perfect as that of Austria, that of France, or that of any other country that acknow- ledges the spiritual power of the Pope ; that is, of all Catholic countries. The people of those countries afford a conditional allegi- ance, allegiance for protection ; and yet their allegiance is found sufficient. The Presbyterians do not acknowledge the king to be the head of the church, and yet their allegiance is found to be sufficient. The Roman Catholics are said to carry their allegiance too far, and, instead of a perfect, to render the king an abject allegi- ance. "We prefer contradictory charges against them ; the one would suppose them to be rebels, and the other to be slaves : the Roman Catholics are neither. We owe an allegiance to God which is perfectly consistent with our allegiance to the state, and an allegiance to our free constitution which is perfectly consistent with our allegiance to the king. Do you think that our allegiance would be more perfect if we thought the king a great doctor of divinity, or like Henry the VIII., a tyrant, who could change our religion without understanding it? When they desire allegiance to the king without a rival, they would strike constitution out of our state, and God out of our religion. It is said, the Protestant church in Ireland is established by the CATHOLIC QUESTION'. 433 articles of the Union, therefore the Roman Catholics are to be disqualified. Will they by that insinuate that the Protestant church sold the country at the time of the Union ? The authors of the Union were of a different opinion, and told us that the Catholic emancipation was to be the result of that measure. On what ground do gentlemen, then, place the faith of the ministers of that day ? They make them hold out to the people the hopes of emanci- pation, and at the very moment bring in an article which makes that measure impossible. There is no such article. Upon what ground do they place the Protestant church by that argument ? They make its establishment incompatible with the civil rights of the people who pay that church ; they do more, they make it incompatible with its own Gospel ; and the rock on which hey rest it is hostility to Christian charity and popular liberty. It is said, when we urge the fewness of their numbers to come into parliament, that we allow their unfitness to be in that place. No ; it is a question of proportion : you would not have the members all English, all Irish, or all Scotch, but a proportion of each representing their respective interests. It is objected that the Roman Catholic prelate takes an oath of persecution. No ; "persequar " is not to persecute. The persons who make the objection, excellent men I suppose they are, but I hope their knowledge of divinity exceeds their knowledge of Latin. " Expugnabo et persequar" means, I will use my utmost endeavours to proselyte. What power, what means have these bishops to persecute? But it is not a question with regard to the meaning of the Latin words ; there are no such words in the oath, they are not only wrong in respect to the construe tion of the Latin tongue, but they are wTong in the matter of fact; there are no such words in the oath. I am glad, however, they have expressed their abhorrence of persecution, which, it appears, by referring to the fact, the Roman Catholics have abandoned, and they themselves propose to continue. They object to a Roman Catholic ceremony, and that a very ridiculous one, of " reading out ", repeated every year. The answer to that is, there is now no such ceremony in England. They say this is a question of politics ! Whether the state has a right to punish the subject for not abjuring his religion, a question of politics ! Then it seems with them religion is politics, and politics is oppression. I have now gone through most of the arguments, which at different times (forty years it is since this question has been under conside- ration) .have been urged against the Roman Catholics, from the time of the right honourable member (Mr, Foster), whom I see 434 CATHOLIC QUESTION. opposite, who resisted it with great ability, and great temper also, to another light honourable member, the late Secretary for Ireland*, who opposed it on a former occasion, in a speech replete with talent and effect, set off by the suavity of his manners and the excellence of his character. Whatever could be said on that side, he has said it; but he laboured under one insuperable difficulty — he was to prove an impossibility, namely, the right of the state to disqualify the subject for not abjuring his religion. I took a part in that debate alluded to, and I must say, I have reason to complain of the unfair criticism of some of our own side. I make no reply, but refer to my speech ; that is my answer. In the course of this debate, two great points have been obtained, which should settle the proposition for ever ; the one is, the confes- sion of its antagonists : the other, the experiment of its safety. The antagonists have said, that, with equal privileges, population draws power. Then there is an end of their opposition ; for the popula- lation of the two islands is Protestant, five to one ; and the Protes- tant ascendency would therefore be established by the emancipation of the Catholics, and increased ; inasmuch as, where the different parts of the community have their natural place, the strength of the majority embraces the strength of the whole : there is no deduction. You must consider also, in addition to their numbers, that the pro- perty, particularly the landed property, is, beyond comparison, Protestant ; you are to consider that the seat of legislature is Protes- tant ; you are to consider that the crown is exclusively Protestant ; you are to consider that the number of members from the Roman Catholic part of the empire cannot exceed a sixth of the representa-^ tion in one House, even were we to suppose that the whole number were Catholics, which is impossible ; still less in the other, besides the bishops ; and you must further consider the progress of amalga- mation. But the antagonists say, that in Ireland the Roman Catholic ascendency will be established. I answer not, unless it be established in England ; for there is but one ascendency, and that ascendency acts here. Gentlemen say it would be Protestant England, Presby- terian Scotland, and Catholic Ireland. Not more than it is so now ; with this difference, that it is now disqualified Ireland, and of course discontented Ireland. Gentlemen say, that the property in Ireland would change, and become Roman Catholic. Why so ? Not in consequence of the emancipation. To make them members of parlia- ment, or to make them officers, is not a change of property. If such * Sir Robert Peel. CATHOLIC QUESTION. 435 a change takes place, it must be from the freedom of trade and the right of purchase. You do not mean to take away that ; you do not mean to restore the gavel, or repeal the act of 1781, which gave them the freehold. Their proposition, then, is this : by the laws which they do not propose to repeal, the property of Ireland must become Roman Catholic. To guard against the evil consequence, they propose to disqualify the landed property, and render hostile or alien to the empire the landed proprietors of Ireland. I canuot say what would be the best arrangement for Ireland, but I am sure that would be the worst. No ; there is another still worse ; and that is, that these people, so disqualified and affronted, should have the command of the army and navy — you have given it. While gentle- men were talking of the permanency of an imaginary balance, two quantities, and those not very inconsiderable, went out of the scale — the navy and army. In the year 1807, a noble lord, then the minister* (and if ever there was a disintereste minister, he was that minister), brought into the House a bill, expending the right of holding certain military commissions to his Majesty's Roman Catholic subjects. It was ex- claimed, turn him out. What! a Roman Catholic command a regi- ment ! A Roman Catholic command a ship ! The church is undone : turn out the bill ; turn out the minister, and excite the people ! Two years ago, another minister (he acted wisely) brought in a bill, giving the Roman Catholics the navy and army. The bill was read a first time ; it was read a second time ; committed ; reported ; read a third time ; and passed without any opposition whatever. It was sent to the lords, read, committed, and passed ; the mitre nodded its unanimous approbation ; the bill received the royal assent. The next morning the Tower of London was observed not to have fallen ; the spires and steeples of Oxford and Cambridge persisted to stand ; the Bishop of Peterborough and the Bishop of Chester were alive, and not only alive, but alive with undiminished health and income. The safety of the state and the prosperity of the church showed the futility of that wisdom, and the folly of those fears, and the unreality of those alarms, that would, for the strength of the empire, exclude one-fifth of the people. You have now settled this question ; or will you say, that the Roman Catholic cannot be trusted with a vote, but may with the navy of England ? Do not give him the posse commitatus, but he may have the army ; he may be commander-in-chief, but do not a Earl Grey (then Lord Howiek;. 436 CATHOLIC QUESTION. make him an alderman. The navy and army consist of above 1 20,000 men ; these he may command ; but here draw the line ; no political power except his Majesty's forces by sea and land. I say, in point of argument, you have settled this question ; and when you shall have settled it in point of fact, I shall congratulate you, for you will not only have enfranchised their religion, but you will ameliorate your cwn. The enemies of the Roman Catholics had confined the Universal benevolence of the Gospel to their own sect, and had de- prived their fellow Christian of the benefits of one great at- tribute of the Almighty: they had not only taken from the Deity His attributes, but they had given Him their own, and had made Him a partial and a penal God, the minister of their ambition ; and thus they became self-idolaters in the worship of their own spleen under the name of the Almighty ; they had for- gotten the mild character of the Gospel ; they had mixed a little acrimony in their religion, and annexed to prayer a contumelious humility, that despised the publican who prayed by their side. It remains for them now to restore to God His attributes, and to their devotion the morality, the sublimity, and the amenity of the Gospel. Other nations have got the start of us in liberality ; the system of disqualification has become peculiar to you. It does not exist in other enlightened countries : it is not in Germany, it is not in France, it is not in Hungary, it is not in Holland ; but in England, free, liberal, and enlightened England ! England and Spain seem to possess it without a rival. But then you will say, let arbitrary countries give civil and religious liberty, but let a free country disqualify a fifth of its people, and assume to the remainder the monopoly of the Godhead. Recollect that you are forfeiting your great prerogative of taking the lead in liberating the human mind : in the arts that grace mankind other nations excelled you ; they sang better; they danced better ; but in stating courageous truths, in breaking political or metaphysical chains, here were your robust accomplishments. We have heard of divers anomalies in your policy — they are numerous ; your treaties, your subsidies, and your prayers ; but you yourself are the great ano- maly. The Continent lay flat before yom- late rival ; the Spaniard had retired ; the Austrian had retired ; the Prussian had retired; the iron quality of Russia had dissolved ; the domination of France had come to the water edge, when, behold ! from a misty speck in the west the avenging genius of these countries issues forth, clutching ten thousand thunders, breaks the spell of France, stops, in his own person, the flying fortunes of the world, sweeps the sea, rights the globe, and then retires in a flame of glory; and, when the human race is in CATHOLIC QUESTION. 437 amaze and admiration at his courage and originality, he turns school divine, fights a battle about extreme unction, and swears against the companions of his fortune and his victories. Our prince is, on the part of his father, the supreme head of the church ; we are his national council, and as such, have aright to advise him. I avail myself of this privilege and say to him: " My prince, my master, you must take the lead in the deliverance of your people. The graciousness of your manners indicates that you were born for acts of benevolence. Your predecessor, the Plantagenet, prevailed on the Continent, so have you ; but then he gave the charter and the laws of the Edwards : your other predecessor, the Tudor, she rescued Holland, so have you ; but then she passed wise and useful statutes innumerable. You have carried Europe on your back ; but then the home measure, the securing and ascertaining and extending the liberties of your people — that, that still remains. The whole body of the Roman Catholics petition for freedom. The destinies of a fifth of your empire are before you. Come — the glory of the House of Hanover is waiting for you ; be the emancipator of the Roman Catholics, as you have been the deliverer of Europe, and look in the face the Tudor and the Plantagenet". APPENDIX. CHARACTER OF MR. PITT.* The secretary stood alone. Modern degeneracy had not reached him. Original and unaccommodating, the features of his character had the hardidcod of antiquity; his august mind overawed majesty ; and one of his sovereigns! thought royalty so impaired in his presence, that he conspired to remove him, in order to be relieved from his superiority. No state chicanery, no narrow systems of vicious politics, no idle contest for ministerial victories, sunk him to the vulgar level of the great; but, overbearing, persuasive, and impracticable, his object was England — his ambition was fame; without dividing, he destroyed party ; without corrupting, he made a venal age unanimous ; France sunk beneath him ; with one hand he smote the house of Bourbon, and wielded in the other the demo- cracy of England. The sight of his mind was infinite, and his schemes were to affect, not England, not the present age only, but Europe and posterity. Wonderful were the means by which these schemes were accomplished, always seasonable, always adequate, the suggestions of an understanding animated by ardour and enlightened by prophecy. The ordinary feelings which make life amiable and indolent, — those sensations which soften, and allure, and vulgarize, were unknown to him; no domestic difficulties, no domestic weakness reached him ; but, aloof from the sordid occurrences of life, and unsullied by its intercourse, he came occasionally into our system to counsel and decide. A character so exalted, so strenuous, so various, so authoritative, astonished a corrupt age, and the Treasury trembled at the name of Pitt through all her classes of venality. Corruption imagined, indeed, that she had found defects in this statesman, and talked much of the inconsistency of his glory, and much of the ruin of his victories ; * Lord Chatham. f Not George II. ANSWER TO A PAMPHLET OF LORD CLARE. 439 but the history of his country, and the calamities of the enemy, answered and refuted her. Nor were his political abilities his only talents ; his eloquence was an era in the senate, peculiar and spontaneous, familiarly expressing gigantic sentiments and instinctive wisdom, — not like the torrent of Demosthenes, or the splendid conflagration of Tully ; it resembled, sometimes the thunder, and sometimes the music of the spheres. Like Murray* he did not conduct the understanding through the painful subtilty of argumentation ; nor was he, like Townshend,f for ever on the rack of exertion, but rather lightened upon the subject, and reached the point by the flashings of his mind, which, like those of his eye, were felt, but could not be followed. Yet he was not always correct or polished ; on the contrary, he was sometimes ungrammatical, negligent, and unenforcing, for he concealed his art, and was superior to the knack of oratory. Upon many occasions he abated the vigour of his eloquence ; but even then, like the spinning of a cannon ball, he was still alive with fatal, unapproachable activity. Upon the whole, there was in this man something that could create, subvert, or reform ; an understanding, a spirit, and an eloquence to summon mankind to society, or to break the bonds of slavery asunder, and rule the wildness of free minds with unbounded authority ; something that could establish or overwhelm the empire, and strike a blow in the world that should resound through its history. ANSWER TO A PAMPHLET OF LORD CLARE. To the Printer, I have seen a pamphlet, purporting to be written on the Union, and published in the name of the Earl of Clare. The speech of the noble earl, delivered in the House of Lords, I have nothing to say to; * Lord Mansfield. t Mr. Charles Townshend. See his character in Burke's speech on American taxation. 440 ANSWER TO A PAMPHLET OF LORD CLARE. but a publication is not a speech, and, though it be the work of a member of Parliament, has no privilege. Whether his lordship be the author, I have no authority, save the assumption of the publica- tion, to affirm; but the pamphlet contains against several, with whom I have acted, charges the most direct, and against myself, for the last twenty years, charges the least qualified and insinuations the most deep. What is yet worse, it tends to lower the character of the country, and to tarnish the brightest passages of her history, as well as the memories of the persons concerned in those transactions. Matter so various and comprehensive could not be regularly dis- cussed in any debate that has come, or is likely to come, before the House of Commons. In the interval of business, I therefore resort to the only method of defence — the press. H. GRATTAN. Mr. Grattan will take no notice of any answer, except one coming from the author of the pamphlet. Dublin, April, 1800. Of the work which it is proposed to answer, nearly one-third is the common-place of Irish history. Much of abridgment, much of misrepresentation, no new discovery, no new remark ; the termini, or landmarks of historic knowledge, remain precisely as they were, in their old, sober station. What was long known before by many men, by many women, and by many children, the compendium of the studies of your childhood, this pamphlet reports to you, for the amusement of your age, without any further novelty save that of misrepresentation. The idea is to make your history a calumny against your ancestors, in order to disfranchise your posterity ; the execution is without the temper of a commentator or the knowledge of an historian. We will begin with this performance at the Irish parliament of James I. The author is now within 187 years of his subject. Ireland, says he, had no parliamentary constitution till that time. Here his pages only deserve attention, in order to vindicate the lineage of our liberties against slander. This statement is a tra- duction of the inheritance of th.e realm, a calumny against her anti- quities, and a falsification of her title. Lord Coke, the judges of England, the records of Ireland, the modus twendi parliamentum, the statute-book, the extent of acts of parliame&t before the reign of ANSWER TO A PAMPHLET OF LORD CLARE. 441 James throughout the realm, and the act of annexation among others, answer him. From all those you find, that Ireland had a parliament from the beginning, and that the legislature was not of the Pale, but of the nation.* The boldness of this assertion is rendered the more remarkable by the distinguished feebleness of its reasoning. The pamphlet attempts to prove that to be true in argument which is false in fact ; and its argument is, that James I. generalized Irish representation by forty private boroughs, that is, that he rendered representation general by making it particular. It teaches you to think, that it was James, instead of Elizabeth, who created the seventeen counties, and that he did not create the forty boroughs, by him erected to counteract that county representation, in order to pack a parliament. It con- ceives that the legislature was not general, because the representation was not so. It should have said that, the legislature being general, the representation ought to be so. It discovers two ideas of a new and extraordinary nature on this subject — that parliament is confined by the bounds of representation, and that national representation is extended by the creation of private boroughs. And for this paradoxical idea of parliament and this paradoxical idea of repre- sentation, it offers you nothing like extent of erudition or force of imagination ; it is dull error. The art of modern war, says the pamphlet, is to traduce the house of Stuart ; the art of modern court loyalty, it might have added, is to praise the principle of the Stuart, and to plant it in the house of Hanover. The pamphlet now comes to its own times, and it is to be remarked, that as it dwelt on the past with all the fury and prejudices of the present time, so it expatiates on the present with as much error and mistake as if it were treating of the remotest antiquity. It states the adjustment of 1782 to be described by its author as follows: — " That it emanated from the armed convention assembled at Dun- gannon, was approved at county meetings of the people, armed and unarmed, and was sanctioned and registered by the Irish parlia- ment ".f No such thing, nor anything like it, did its author say, nor suggest, nor hint ; and this statement of the pamphlet is not misre- presentation, nor misinterpretation, but palpable invention ; did not the pamphlet assume the name of a judicial character, I would say, * See the speech of Mr. Hutchinson (late Secretary of State) on the subject of parliamentary reform, in the parliamentary debates of 1793. It is a com- plete answer to the pamphlet on this part of the subject. f No such statement is to be found in any of Grauan's speeche*. 442 ANSWER TO A PAMPHLET OF LORD CLARE. downright falsehood. I respect and admire the meeting at Dun- gannon, but the subjects of 1782 did not emanate from thence ; two years before, were they discussed in parliament ; they were discussed on the 19th of April, 1780, on a motion made by myself; and in the course of that session, and of the next session, repeatedly and fully. They were adopted by different counties and various descrip- tions of men, and they finally passed the parliament. Such is the history ; the pamphlet falsifies the history to blemish a great transaction, and attributes that falsification to me in order to blemish an individual. We follow the work where it will be perhaps more fortunate. It objects, on the question of the claim of right, to the declarations of the volunteers. Their character now, it seems, it professes to ad- mire ; their conduct, however (this was the most leading part of the conduct of the old volunteers), it condemns ; the inconsistency of setting up a character, and putting down a conduct, is glaring, but, in a work pregnant with everything which is exceptionable, hardly deserves notice. But will any man seriously say, that those bodies should not have come forward at that time with resolutions in favour of a claim of right ? Does any man mean to affirm, that we could have established that claim without them ? Does any man mean to say, that the claim did not deserve to be established ? If so, he is a slave ; and in neither case does he deserve an answer. To have countenanced resolutions essential to the establishment of your con- stitution, and to have opposed any further interference when that constitution was established, was the duty and the pride of them by whom the business of 1782 was conducted. By the first step they procured the constitution ; by the second, they saved the govern- ment ; and in both they deserved well of their country, and are placed far above the reach of the author of this little performance, its little censure, or its little panegyric. We thought that at that time, as in the period of Magna Charta, armed men might make declarations to recover liberty ; and having recovered it, we thought they secured their glory as well as their freedom, by retiring to cultivate the blessings of peace. The pamphlet has further objections : it condemns the expedition with which the claim of right was established ; it calls for discussion and delay — to do what ? To debate whether the English parliament had a right to make laws for Ireland ; whether the privy councils in both countries should alter your bills ; or whether the Mutiny Bill should be perpetual. Why, for the two preceding years, these sub- jects had been, and little other than these subjects had been, debated. ANSWER TO A PAMPHLET OF LORD CLARE. 443 The pamphlet has proved to yon, however, the necessity of expedi- tion by its argument for delay ; for it explains to you, that we were to delay the question in order to sell it ; that is, in order to diminish, clog, and condition your claim of right. You were to delay, the pamphlet explains, in order to preserve to the parliament of England, over this country, a share of legislative power; and the pamphlet administers additional arguments against its project of delay, by showing you that the viceroy of that time was intriguing against your favourite measures ; and it gives you still further arguments against delay, by suggesting that there were certain gentlemen at that time, who would not with their lives have supported their liberties ; it might have added, nor with their votes. Perfectly well do we understand the author ; and this pamphlet might have added, with peculiar authority, that there were certain young gentlemen at that time ready to barter honour for office, and liberty for chains. It was therefore we did not listen to the idea of delay ; we did not choose to set up the inheritance of the people of Ireland to auction ; we were applied to for delay, and we refused it ; we thought the 16th of April was the day of the Irish nation, and we were de- termined not to lay our heads on the pillow until we could say : This day Ireland has obtained a victory. Seeing, then, that the constitution was established without delay, or barter, or auction, the pamphlet does not despair ; it has a cure, namely, corruption ; it does not, indeed, set forth corruption in words, but it does amply and broadly in idea. The expressions are these : " The only security for national con- currence is a permanent and commanding influence of the English executive, or rather English cabinet, in the councils of Ireland". By councils of Ireland it means, and professes to mean, nothing less than the parliament. Here is the necessary substitute, it seems, for the British parliament — here is the half million — here is the depen- dency of the Irish parliament avowed as a principle ; here breaks out the taint and sore of that system, whose rankness the pamphlet seems to have deeply inhaled, and with whose political incense it now deigns to regale our nostrils and its own ; here is acknowledged the truth of the complaint of the opposition, namely, that the British minister, some years after the settlement of 1782, wished, through his agents here, to filch back our constitution of 1782, so honourably and nobly obtained, and to resume by fraud what had been obtained by treaty. In vain shall a minister come forth in sounding words, such as national concurrence or national connection, and wrap him- self up in the threadbare coat of zeal for empire, to stab his country 444 ANSWER TO A PAMPHLET OF LORD CLARE. to the heart ; such arguments are not to be answered but punished, and when any man shall avow that he has no idea of governing in this country, without rendering her parliament, by means of influence, perfectly dependent on Great Britain, he avows not his profligacy only, but his incapacity also. Such a minister could not govern without corruption ; he could not govern with it ; he might indeed begin by attempts to pack a parliament, but he will conclude by rebellion. To return to the pamphlet. On the subject of the claim of right, the authoi seems to have three parental ideas : first, that the volun- teers should have made no declaration on the subject ; secondly, that the question should have been left open to delay ; and, thirdly, that the British cabinet should succeed to the power of the British parlia- ment. By the first plan the constitution had been lost, by the second sold, and by the third corrupted. We follow the pamphlet : it states, that the adjustment of 1782 was described by the author of it as follows : then he introduces a description which certainly was given by its author, but which was not a description of the adjustment of the parliament of 1782, but of a parliament that sat 187 years ago, and which was assembled by James I., in the year of our Lord 1613* Here again is that of which we have so often reason to complain in this work — fabrication ; true it is that the boroughs created by James T. have had their effect on posterity, and true it is that those boroughs continue to send members to parliament. So far the par- liaments of 1782 and of 1 613 had a similitude ; but it is not true that the parliament of 1782 was a packed parliament like that of 1613 ; it is not true that the representatives of the boroughs were either attorneys' clerks or the servants of the Castle, as in 1613 ; nor is it true that the boroughs of 1782 resembled those created by James in 1613 ; and so far the two parliaments have no similitude. Mr. Burke, speaking to me of some country that had prospered under a constitution consisting of three estates, but estates defectively formed, observed, " that it was of the nature of a constitution so formed as ours, however clumsy the constituent parts, when set together in action, ultimately to act well" ; . so of that in question. The boroughs in course of time ceased to be under the influence of the king, and the constitution took root in the people ; the crown became dependent for supply on the parliament, and the parliament, by the octennial bill, became more intimately connected with the country. But, however altered, depurated, and naturalized, this borough system was an evil still ; in 1613 it was court ascendency— it was corruption ; in 1800 it may be union. ANSWER TO A PAMPHLET OF LORD CLARE. 445 "We follow the work. It affirms that the rivals of Mr. Flood had agreed, in 1782, to support a draft of a clandestine bill or treaty for imperial legislation, which the pamphlet describes, and adds, that they sacrificed to flimsy and corrupt popularity the peace of ages, and so forth. Here are two assertions, which I do affirm publicly and in the most unqualified manner, contained not one syllable, or tittle, or shadow of fact ; the two assertions are wholly and most absolutely destitute of truth. The author of the pamphlet is called upon to support and to defend them ; he has access to the Duke of Portland and to many of the cabinet of 1782, in both countries, and to the official and unofficial agents of that time. We have seen with what regard for truth the pamphlet asserts ; we will now see with what justice it reasons ; and certainly its falter in fact must prejudice its authority in logic. It denies the settle- ment of 1782 to have been final : the words of the settlement are as follow : " His Majesty recommends it to take into consideration the discontents and jealousies prevailing in Ireland, in order to come to such a final adjustment as may give mutual satisfaction to both kingdoms" — see his message to the respective parliaments. Parlia- ment declares : " That no body of men whatever has any right to make laws for Ireland, save only the king, lords, and commons thereof; that this is the birthright of the people, in which the essence of their liberty exists, and which we cannot surrender but with our lives" — see address of the Irish Commons, 16th of April. " His Majesty has recommended the subject to his parliaments of both kingdoms, trusting that their wisdom will recommend such measures as may terminate in a final adjustment" — see his Majesty's answer. " The British legislature has concurred in a resolution to remove the causes of your discontents and jealousies : the intention of the king and willingness of the British parliament come unaccom- panied with any stipulation or condition whatever" — see the Duke of Portland's speech, 27th May. " We conceive the resolution for an unqualified, unconditional repeal of the 6th of George I. to be a measure of justice and wisdom, worthy of the British parliament, and furnishing a perpetual pledge of mutual amity : gratified in these particulars, no constitutional question will exist between the two countries to interrupt their harmony" — see Irish Commons' answer 27th May. " We rejoice that the name of Portland will be handed down as blended with a full and perfect establishment of the consti- tution of Ireland" — see Commons' address to his Excellency same day. "His Majesty assures his Commons of his affectionate acceptance of their acknowledgments of his Majesty's and the British parliament's attention to their representation, and which they so 20 446 ANSWER TO A PAMPHLET OF LfXRD CLARE, # justly consider as furnishing a perpetual pledge of mutual amky. The declaration that no constitutional question between the two nations will any longer exist that can interrupt their harmony, is very pleasing to him " — see the king's answer to Irish address of 27th May. "We have seen this great national arrangement estab- lished on a basis which secures the tranquillity of Ireland, and unites the affections as well as the interests ot both kingdoms"— see Com- mons' address at the close of the session of 1782. " Convince the people of your several counties that the two kingdoms are now inse- parably one, indissolubly connected in union of constitution and unity of interest ; that every just cause of jealousy is removed ; that the two nations have pledged their faith, and their best security will he an adherence to that compact" — see the second speech of the Lord- lieutenant at the close of the session and the adjustment. Here is the record. The pamphlet proposes to do away the force of record by the force of intrigue, and to set up a private corres- pondence of the then Lord-lieutenant against a public act. It pro- duced an intrigue carried on with a view to clog the settlement, as sufficient not to condition or interpret, but to overhaul and overset it. It does not make the covenant conclusive on the insincerity of the viceroy, but the insincerity of the viceroy conclusive against the covenant ; as if it were possible to construe away the obligation of a deed of trust by a private protest of the trustee, or as if treaties between two nations were to be set aside by the private letter of the envoy. It goes further, it gives the private intrigue an extent which the intrigue itself never affected ; it makes the correspondence, containing a wish pending the adjustment and before its conclusion, to abandon the Irish claim of right, tantamount to a public protest purporting to render it final in nothing. The pamphlet states : " That all the parties looked on the adjustment of 1782 as leading to a future political treaty". The author is ignorant of the sentiments of the parties, as well as of the nature of the treaty. Thus Mr. Fox's sentiments the pamphlet has misrepresented ; he (Mr. Fox) has declared, that he wished to make the best terms he could for Great Britain ; but, as Ireland would not condition her independence, he gave up the second pro- position. It has misstated the sentiments of General Fitzpatrick ; he declares that he was totally ignorant of the despatch of the Duke of Portland, and that he had, at the very time, assured the Irish parliament, in the name of the government which he then repre- sented, that no farther measure was intended. He has misstated Mr. Grattan's sentiments, who publicly declares, that every part of the assertion, as iu ftS relates to him, is totally unfounded, without ANSWER TO A PAMPHLET OF LORD CLARE. 447 a shadow of colour or pretence, and calls on the author to support his assertions. But I think I could quote another authority against this pamphlet; it is another pamphlet in the name of the same author, published in 1798, which charges the people of Ireland and the opposition with a breach of faith in agitating certain political and commercial questions, after the kingdom had come to a final settlement with England, "a settlement so complete and satisfactory as to render a revival of political or constitutional controversies utterly impossible". That pamphlet accordingly quotes the address of 1782^ declaring, that all constitutional questions between the two countries should cease ; and it extends the word constitutional to mean all commercial questions; and it extends the words between the two nations to mean questions between the administration and the country. This inter- pretation by the pamphlet of 1798, was as extravagant as the opposite interpretation by the pamphlet of 1800, in the name of the same author. The author is there made to differ from Mr. Pitt, and to say, that the adjustment went to everything ; the author is here made to differ from himself, which is much less surprising, and to say that the adjustment extended to nothing. But here I must observe, that it is the argument only that is inconsistent, the senti- ment is perfectly uniform ; it advanced covenant against national redress, and it now advances the will of the minister against oavenant. Thus has this pamphlet, on the subject of a national treaty, expatiated with extraordinary vehemence and confidence, without knowing its purport, without knowing who were the parties, without knowing who should be the parties, without knowing what were the sentiments of the parties ; in direct contradiction to the sentiments of the principal agents, and to the spoken, written, and piinted opinion of the alleged author of the publication. We follow the work : having denied a covenant which did exist, it fabricates a covenant which never had any existence whatsoever ; it asserts (p. 47) that an alliance, offensive and defensive, was formed by certain parties, in both countries, to play the independence of Ireland against their antagonists. Secondly, it affirms the principal object of that alliance to be, to guard against any settlement which might cut off the sources of jealousy and discontent between the two nations. I do aver, in the most solemn, public, and unqualified manner, that there is not the least foundation, colour, or pretence for either of those assertions ; and it is with great pain I feel myself forced to declare, that they are absolutely and wholly destitute of any foundation in fact or in truth. I refer to the facts. Immediately after the settlement of 1782, the English part of 448 ANSWER TO A PAMPHLET OF LORD CLARIS this pretended alliance went into opposition ; the Irish part of this pretended alliance, till 1785, supported the government, and some of them for years after ; the English part of this pretended alliance opposed the French treaty ; the Irish part supported it ; some of the English part of this pretended alliance opposed the war ; the Irish part supported it. Here then is a public proof of the falsehood of the first position. We are furnished with further means of falsifying the second. The original propositions that passed the Irish parliament in 1785 were that very settlemeiurwhich the pamphlet describes, that is, a settlement purporting to cut off the sources of any remaining discon- tents and jealousies between the two nations, and they had our warmest support. So that the pamphlet has been so indiscreet and ill advised as to advance and affirm two criminal charges positively and publicly, having, within the reach of the author's knowledge, certain facts, proving the falsehood of those very charges, at the very time that he so injudiciously advanced them. The author is called upon to support them ; he must have access to the Duke of Portland, to Mr. Pelham, and to many of those who must have been parties in this pretended alliance. They are not our friends,, they are his. The work proceeds to state, but not to state fairly or fully, the propositions ; and I cannot but again observe, that these frequent mistakes in fact must create a prejudice against its logic. The best way of answering misrepresentation is by reciting the fact. The original ten propositions were formed with the consent of the British cabinet ; they were the work (at least the first nine), as I under- stand, of a gentleman of this country, and they showed, in their ability and their compass, the hand of a master. A tenth was added, which stipulated for revenue to be given by this country to Great Britain ; that tenth was altered in the cabinet in Ireland, and divided into two resolutions, the first declaring, that no Irish revenue should be given to England until all Irish charges were previously satisfied ; the second, that the Irish revenue should be raised to the Irish expenses. The Irish ministry took the new revenue, and the English parliament altered the original propositions. Pending these altera- tions, some members of the House spoke on the subject, and pledged themselves that they should, on the return of the propositions, give them opposition, in case they should be altered, even in an iota. I recollect Mr. Foster speaking to that point, he did not so pledge himself; but I perfectly recollect, that the then Attorney-General did : the pamphlet has given reasons for the inconstancy of his senti- ments : give me leave to justify the uniformity of mine. The bill, founded on the altered propositions, departed from the original ones ANSWER TO A PAMPHLET OF LORD CLARE. 449 in the following particulars ; it stipulated for a perpetual revenue bill ; it stipulated, in certain leading and essential matters, for a covenant of referential legislation ; it included in that covenant four articles of American commerce ; it stipulated for the reduction of our duties of protection on cotton among others, and it gave us nothing in substance but the reexport trade, which we have gotten without it. To the public it is sufficient to say so much, to the pamphlet it is unnecessary to say anything ; but w r hen that pamphlet calls opposition to those altered propositions a breach with England and a sacrifice of the common interest on the altar of faction, the author should be reminded, that the person whose name it assumes had pledged himself to oppose those altered propositions ; that is, according to the pamphlet, to cause that breach with England, and to make that sacrifice on the altar of faction ; and also, that a great part of the present cabinet of England did actually execute what the pamphlet calls a breach with England, and sacrificed the common interest on the altar of faction — Lord Auckland, the Duke of Port- land, and most of his connexions. But we stand in need of no authorities ; did we, I should quote Mr. Denis Daly, the then muster- master, who declared he could not support the altered propositions. The truth is, the opposition to the bill which comprehended them was no breach with England, however there might, indeed, mix in the debate an offensive disposition to contrast the two nations ; but we must always distinguish between the nature of the question itself, and the craft of the expectant flattering the court of England by reviling his own country for his private advantage. We follow the pamphlet to the regency, and here its charge against the country is not her conduct, but her power. The pamphlet repro- bates the right of Ireland to choose a regent ; now, she is not respon- sible for the right, but the exercise of it, and we have shown that she exercised that right for the preservation of the monarchy and the connexion. The pamphlet states the power of choice to be tanta- mount to a power of separation. But who gave that power ? It was the law. And who displayed that power ? The minister. It was he who stated, that the two Houses of Parliament, in case of regal incapacity, could supply the deficiency exactly as they thought proper. When a servant of government here maintained that the Houses of the British Parliament could do more, and could provide for the deficiency in Ireland as well as in England, that is to say, could republicanize both countries, he did not make our situation better, nor give any great security to the monarchy or the con- stitution. The pamphlet asserts, that if the proceedings of our parliament 450 ANSWER TO A PAMPHLET OF LORD CLARE. could have any effect, we were separated for some weeks from Eng- land. Now, if we were separated for an hour, it was not by the proceedings of parliament, that is to say, by the address to the Prince, which never had effect, but by the indisposition of his Majesty, which had effect, and which alone had effect to suspend the royal function, and, of course, the only connecting power of the two countries. The pamphlet, having confounded the proceedings of parliament with causes which parliament found but did not produce, proceeds to a gross misrepresentation of concomitant circumstances. It charges on the parliament the crime of expedition, but it does not state the cause of it. One cause was, the sedition of the Irish ministry. That ministry apprehended dismissal, and were forming an opposition. The then representative of majesty in Ireland was supposed to be employed at that time in canvassing for a party against the future government, with the king's commission in his pocket. Thus his Royal Highness would have been a regent in chains, with a court in mutiny. The pamphlet charges the commons at that time with disrespect to the king, marked by the limitation of the supply. The fact is true, but it is not true as the pamphlet states it; the commons abridged the grant of the supply because the king's minister in Ire- land could not be trusted, and he could not be trusted for the fol- lowing reasons : because he had declared he would make certain members of parliament victims of their votes ; because he had cen- sured the parliament, and the parliament had censured him ; and because one of his servants had pronounced in parliament the necessity of resorting to the rankest corruption. It was for these reasons that parliament did not think proper to trust either with the revenues of the country. The pamphlet asserts, that the Irish parliament proceeded without a tittle of evidence ; it is not the fact. The pamphlet, indeed, acknowledges that its own charge is not true by making another, namely, that the House of Commons did not attend to the evidence. Here it is as deficient in candour as before in fact. The case was, that the report of the physician, regarding the state of his Majesty's health, had appeared before in every paper ; it was a subject too interesting and too melancholy not to be perfectly known, and was read in the House pro forma. On this part of the subject the pamphlet is in an eminent degree indecorous and licentious when it speaks of the House of Commons ; nor is it less so when it speaks of the persons concerned in the proceedings of that time, as of a set of men who had accomplished a breach between Great Britain and Ire- land, and had committed (I think the word of the charge is) ANSWER TO A PAMPHLET 01- LOUD CLARE. 451 tnownities. The persons guilty of those enormities were some of the present servants of the Crown, a majority of two Houses of Parlia- ment, several bishops, a great part of the present cabinet of Eng- land, the Duke of Portland and his party, Lord Spencer, who was to have been Lord-lieutenant, and Mr. Pelham, who was to have been his secretary : were it not presumptuous, I might ascend much higher. An alliance to play against England the independency of Ireland, whose basis was to prevent measures of concord, a breach made be- teen the two countries in 1785, and now their enormities in the ad- dress on the regency, are charges against the Duke of Portlands party very unfounded and very puerile, but made with great bold- ness by the author, who seems to enjoy a genius for crimination, which, in its extent and extravagance, becomes harmless. The pamphlet charges on that period much indecorum. I do lament it. " You have set up a little king of your own ", said a principal servant of the Crown, speaking to the House of Commons, and talking of his prince with the vulgar familiarity with which a pert barrister would salute his fellow. " Half a million, or more, was expended some years ago, to break an opposition, the same, or a greater sum, may be necessary now"; so said the principal servant of the Crown. The House heard him ; I heard him ; he said it, standing on his legs, to an astonished House and an indignant nation, and he said so in the most extensive sense of bribery and conniption. The threat was proceeded on, the peerage was sold, the caitiffs of corruption were everywhere ; in the lobby, in the street, on the steps, and at the door of every parliamentary leader, whose thresholds were worn by the members of the then administration, offering titles to some, amnesty to others, and corruption to all. Hence arose the discontents of which the pamphlet complains, against such proceedings and the profligate avowal of such proceedings : against the consequences that followed, they were many and bloody, we did then, and we beg now, to enter once more our solemn protest. Could that nation, who had refused to obey the legislative power of the British parliament, who had armed for her defence and her freedom, who had recovered her trade, reinstated her constitution, and acquired a great, and it shall not be my fault if it be Dot an immortal name ; could they who had taken a part for that nation, in all her glorious acquisitions ; could the nation, or such men, could both forget themselves, and support a rank instrument of power, and become its little comrade and its copander in its dirty doings, in the 452 ANSWER TO A PAMPHLET OP LOftD CLARE. sale of the peerage, its conspiracies against parliament, and its vife and -vulgar abuse of the people ? A pamphlet of 1798, nublished in the naire of the same author, is pleased to mention, that the experiment of conciliation had been fully and abundantly tried ; and it particularly instances the acknow- ledgment of our parliamentary constitution. It was an experiment, magnanimous on the part of Great Britain and her then minister, and we ought to take this public opportunity of making acknowledg- ments to both * but we must lament that their noble purposes were counteracted, and their wise experiment betrayed, by a calamitous ascendency in the Irish cabinet, from 178$, of the above councils, at once servile and insolent, who had opposed the establishment of the Irish constitution ; and scarce were they placed in power when they planned its overthrow, set up a counter-experiment, or conspiracy, to undo what England thought she had recognised, and Ireland thought she had secured — -that very parliamentary constitution, our bond of connexion and pledge of peace, and took two methods to accomplish their crime, both of which they proclaimed with much public im- modesty, but without danger — a project to pack a parliament, and a project to abolish it. We follow the work : it complains of the Whig club ; the minister was the author of it ; his doctrine and his half-million were the authors of it. But clubs of this kind are only preserved by violence; that violence did happen ; an attack was made on the rights of the city ; a doctrine was promulgated by the same person, that the com- mon council had no right to put a negative on the lord-mayor, chosen by the board itself of aldermen, except the board should assent to the negative put on its own choice. This doctrine was advanced by the court, to secure the election of the mayor to itself. In the course of the contest a minister involved himself in a personal altercation with the citizens : with Mr. Tandy he had carried on a long war, and with various success ; he was now involved in an altercation more general : in the compass of his wrath and his scurrility, he paid his compliments to the Whig club, and that club advanced the shield of a free people over the rights of the city, and humbled a little minister in the presence of those citizens whose privileges he had invaded and whose persons he had calumniated. The pamphlet charges the club with a crime on account of a publication on the subject of the poor, pending a probable invasion, — idle charge! At this time of a probable invasion is a society formed for the very purpose of investigating their condition, with some of the officers of state and several clergy at its head. At such a time did some of ANSWER TO A PAMPHLET OF LORD CLARE. 453 the English clergy publish treatises, proving that the peasantry could not live by their labour. Did the author read a very learned pamphlet in favour of the Union, published by Mr. Douglass at a time of apprehended invasion, recommending union as the best means of relieving the lower order from the oppression of the rich ? And then he quotes Adam Smith. Did the author read Mr. Pitt's pamphlet, published pending an apprehended invasion, and condoling with the peasantry of Ireland, on the great practical grievance^ tithes ? But, to have done with such trifling, we follow the work to its charge against the propounders of the reform plan of 1797 : the work sets forth two plans, that of those gentlemen, and that of the United Irishmen : they differ in the following essentials : — The plan of the former left the counties as they are ; the former did not propose to annualize parliament; the former rejected the idea of personal representation ; the former did not propose to abolish the oath taken by the elector. What then did the former do ? It destroyed boroughs, and it proposed to supply their place by the present freemen and freeholders, that is, by those whom the law calls the commons ; it created no new constituency, but it did w r hat every plan of reform professes to emulate — it gave representation to the constituency, that is, to the commons, in the place of the mono- polist. When I say it made no new constituency, I beg to make an exception, it introduced in the place of the potwalloper, as he is termed, substantial leaseholders and substantial householders, thatis.it gave property more weight, and population, distinct from property, less weight. On the whole, it took away the monopolist and the pot- walloping rabble, and communicated the representation of the kingdom to the proprietors thereof, as constituted its electors bylaw, or as entitled to become such by a property greater than the law had required. The effect of this plan had been to prevent an union. If we are to advert to the evidence of the prisoner examined by the Houses of Parliament, it had been to prevent a rebellion, and to break off a French con- nexion. When the pamphlet sets forth, that Mr. O'Connor* and others approved of this plan, it should have stated the whole truth, or * The author is pleased to term Mr. O'Connor our unreservp.d friend. In his manifesto, showed to the Irish government for permission to publish, Mr. O'Connor sets forth, that, save only on the question of reform, he had no com- munication with us of any kind whatever ; that manifesto must have been read by the author of the pamphlet, who thus makes another charge he should have known to be groundless, and which he is now called on to maintain. We do not call for legal evidence ; but if the author has any evidenee at all, such as would convince an honest man of the truth of any of those charges, or justify an honest man in making them, he is called upon aud requested to produce that evidence. 454: ANSWER TO A PAMPHLET OF LORD CLARE. have stated nothing ; it has done neither. It has suppressed their declaration, which was, that, had that plan taken place, they would have broken off their connexion with France. Neither the history of that reform, nor the history of any public measure, does the writer set forth. A plan of reform had been proposed in 1793, and debated in 1794. It was objected, first, that the plan did not give satisfaction; in that the most vehement partizans of parliamentary reform had signified their disapprobation; secondly, that the plan opened the way to another plan, or to the project of personal representation. It became highly expedient, before any other plan was submitted to the consideration of parlia- ment, to be able to assure that august body, that such plan would give general satisfaction, and put an end to the project of personal representation. The persons concerned in the forming that plan did accordingly obtain from the north of Ireland, and, moreover, from the advocates of personal representation, authority to declare in parliament, that if the plan of 1797 should pass, they would rest satisfied. If a further answer to the author be necessary, it is his own avowal of his own principle, namely, that no Irish representation at all is necessary, and that he should be satisfied to be governed by the English parliament, without a single representative. With such a person I shall no further discuss the subject of representation. He is, in his own person, an argument for reform. What L the man of the half-million ! We follow the work to the Catholic question. It is pleased to- que te me as follows : "Let me advise you by no means to postpone the consideration of your fortunes till after war ; your physical consequence exists in a state of separation fromEnglantV\ etc. I am extremely sorry to be obliged to declare again^ what I have been compelled to do so often, that this paragraph, published as mine by the author of the pamphlet, is not misinterpretation, not misrepresen- tation, but 'palpable fabrication. I never said,, or published, that the physical consequence of any part of His Majesty's subjects existed in a state of separation from England, nor anything that would warrant that interpretation ; but I did say the reverse ; that as our domestic security consisted in concord with another, so our security against an invader from abroad depended on our connexion with Great Britain. On this expression, then, boldly attributed to me, but which I never delivered, the author founds two charges, as destitute of truth as the foundation on which they rest — a charge of revolution and a charge of jacobinism. The author, in a production sanctioned by his name in one of the public papers, is made to say that a certain party had resorted to ANSWER TO A PAMPHLET OF LORD CLARE. 455 the Catholic bill as a new subject of discontent, after the place and pension bill had been conceded. Here again I am forced to lament the necessity of declaring-, that this assertion also is totally and absolutely destitute of foundation ; and I will prove its departure from the fact by the proceedings of parliament. The first Catholic bill after that of 1782 was passed in 1792 ; the second was early in the session of 1793; and the place and pension bill did not pass till the close of it, so that the refutation of the charge appears on the rolls of parliament. As to the last Catholic bill, they n whom he alludes did not resort to it as a new subject of discontent to annoy the government, being at that time themselves the adminis- tration ; it follows, there is an arithmetical and moral impossibility of the truth of this charge of the author. I beg indulgence, in addition, to state a few facts. The Catholics were not excited to come forward by an opposition ; they were induced to come forward by Mr. Mitford's bill in 1791. They came at the latter end of the session of that year to some of our party, myself among others, to know whether we should not advise them to petition parliament for further indulgences. My answer was : I am your friend, but go to the secretary and consult him ; do not narrow your cause to the fate of an opposition and a minority. I give this advice as a friend to your body. In the winter of 1791 I was applied to by Mr. Richard Burke,* with a request to know my sentiments on the Catholic subject, which I did uot disclose to him, declaring at the same time my good wishes to the Catholic body ; and on the opening of the session in January, 1792, I gave the Catholics a decided support. Forgetting this, the pamphlet quotes a declara- tion, "that the Catholics could not induce any one member of parliament to patronize their petition". This declaration was published, December, 1792, and the author charges from thence, that, until the petition was recommended by ministers, we had been Catholic persecutors. That charge also is a departure from fact : I remember giving in support of the Catholic petition and claims, a decided voice and vote in 1792. In January, 1793, their claims came recommended from the th rone, and, in supporting their bill so recommended, I observed, that, however I might think it were judicious to go farther, I did think the bill communicated most important rights. In the session of 1794, the Catholic subject was not mentioned; but in summer, on a change made in the British cabinet, being informed by some of the leading persons therein, that the administration of the Irish. * Son of the celebrated Edmund Burke. 456 ANSWER TO A PAMPHLET OF LORD CLARE. department was to belong to them, and that they had sent for us to adopt our measures, I stated the Catholic emancipation as one of them. Thus the charge, that we were originally persecutors of the Catholics, appears to be a departure from the fact. Thus the charge, that we took up the Catholics after the passing of the place and pension bill, as Irish matter of opposition, appears likewise to be a departure from fact. The proofs are in the proceedings of parlia- ment. The pamphlet of 17&8, in the author's name, has said, that the experiment of conciliation was abundantly tried. Here is the second experiment, and here it is but just to acknowledge the wisdom of His Majesty, and the benignity of his intentions, when he was graciously pleased to recommend the Catholics in 1793, in his speech from the throne, so that this body, thus royally patronized, might be attached not only to the constitution, whose privileges they were to participate, but to the great personage also at whose special interposition they were thus parentally and majestically recommended. But as in the first experiment, the people of England, so in the second, was His Majesty betrayed by those infatuated, weak, and pernicious counsels, which had been, in 1789, the instruments of political corruption, and now became the horn of religious discord. I will give the learned author every advantage, and, contrary to my fixed and unalterable opinion, admit the policy of excluding the Catholics from the constitution ; yet should I, nevertheless, condemn the hostile and outrageous manner in which that exclusion was defended. "If", says he, "the Catholics do not subvert the Protestant government, they must resist the ruling passions and propensities of the human mind; they can never be cordially affected to His Majesty's government. I am confident, the old Roman superstition is as rank in Ireland now as in 1641 : the profound ignorance of the lower order, the general abhorrence of the Protes- tant religion by the people, qualify them to receive any impression their priests can make ; and if their minds be divested of venera- tion for the priest, such is the ignorance and barbarity of the people, that they would fall into a state of rude nature : the Popish super- stition is not confined to the lower order, it flourishes in full vigour amongst the higher order ". This was the language, improper because not founded in fact, and impolitic and indecent in any man, though the facts could support it ; idle, empty, and shallow ranting, The best way to distinguish the indecorum of such a speech, is to advert to a speech made on the same side of the question, by a gentleman who said everything ANSWER TO A PAMPHLET OF LORD CLARE. 457 that could be urged against their pretensions, without uttering a single syllable which could give offence to their persons, so that the Catholics might much more easily forgive the latter his vote than the former his speech ; and, on a comparison of the two produc- tions, you will see the eminent superiority of sense with temper over talents without it. There are two sides in this question which men of principle might take, for the measure or against it ; but the ministry that took both parts, could be justified by neither. The fact was, that the ministry encouraged the Protestants, and forsook them afterward ; they brought forward the grand juries, and deser- ted them also — then to the Catholics — then to the Protestants — then back again to the Catholic, and then to the Protestants once more. This was a great mistake, but there was a greater, and that was to be found in those speeches and publications from a quarter in high confidence, which vilified the acts of concession in the moment of conferring them, and, affecting to support the king's government, called the bill he had recommended an act of insanity. The incoherent plan was erroneous, but this was infatuation, it was the petulance of power, it was the insolence of wealth, it was the intoxication of a minister in a state of sudden and giddy elevation, breathing out on a great and ancient description of His Majesty's subjects the frenzy of his politics and the fury of his faith with all the feminine anger of a feverish and distempered intellect. It went to deprive the Protestant ascendency of the advantage of temper and of the graciousness of good manners, which should always belong to the powerful sect ; it went to deprive the state of a certain comeliness of deportment and mild dignity which should always belong to government ; it fought in the king's colours against the king's benevolence ; it went to deprive His Majesty of the blessings of gratitude, and his people of the blessings of concord ; it went to corrode where the Crown had intended to heal, and it curdled with the temper of the minister the manna that was descen- ding from the throne. The argument that accompanied this invective was of little moment ; a man in a fury cannot argue ; the weakness of his reason- ing will be exactly in proportion to the strength of his passion. Behold a melancholy example of the victory of human passion over the human understanding. The present danger of the Papal power after the deposition of the Pope, the incompatibility of the real presence and of the worship of the Virgin Mary, with the interest of the House of Hanover, and the incompetency of parliament to alter the oaths of its own members — such are the author's arguments. However, if the pamphlet of 1798 denies the competence of parlia- 458 ANSWER TO A PAMPHLET OF LORD CLARE. ment, here comes the pamphlet of 1800 to console you, and as the one sets the law above the law-maker, so the other sets the law- maker above the constitution, and both together would prove that the legislature is incompetent to admit a Catholic, but is perfectly competent to destroy a parliament. We leave these arguments, and the vehement spirit with which they are poured forth, and come to the close of the pamphlet and the beginning of the subject — the Union. Of one hundred and one pages, twenty- six only are devoted to the question ; the rest contain feelings, battles, and sores from a perpetual encounter with all descriptions of men, and with patriotism in all ages. As the author scarcely argues the question of Union, or indeed affects it, here I shall say but little ; however, to two great points which he would establish I beg to advert. They contain positions which are not only glaringly unfounded, but exceedingly dangerous ; the first, That this country is unable to pay her establishments ; second, That her constitution is incompetent to provide for her security. He attempts to warrant his first, by a statement affecting to prove, that in three years, if she was to continue without an Union, we shall owe £50,000,000. He states, that we borrow annually £8,000,000 ; he should have stated, that we borrow but £4,000,000 ; whatever capital we may create on each loan, he should have stated how much less we should borrow on the adoption of an Union. He should have stated, that the projectors of the Union only proffered the payment of £1,000,000 of our war establishment; that the present year was provided for ; that the saving in the two following years of war will be, according to this proffer, but £2,000,000, and the purchase of boroughs will be £1,500,000, He should have stated further, that our war contribution was rated a,fc £4,100,000, and that our present war expense was only £4,652,000, so that the proffer appears fallacious ; and if we be unable to support our present war expense, we will be unable to support our war contribution ; and the reader will observe, the present war expense is an occasional war establishment, principally caused by insurrec- tion, whereas the war contribution will in all probability be a permanent war contribution, except as far as it may be augmented.* But there is an answer to his argument which is more decisive, it is his own argument in 1798, which is as follows: "First, as to the adequacy of the constitution for the purpose of security and connexion, next for that of wealth and prosperity. * Vide Lord Farnliam's excellent pamphlet, and his judicious, speech on the Union. ANSWER TO A PA.WTILET OF LORD CLARE. "A parliament perfectly distinct from and independent of the other parliament, forms a system the most critical and complicated ; to a common observer, utterly impracticable-; but experience has proved, that in the midst of popular turbulence and in the convul- sion of rancorous and violent party contests, the Irish Parliament, as it is now constituted, is fully competent to all political and beneficial purposes of government ; that it is fully competent to protect this which is the weaker country against encroachment, and to save the empire from dissolution, by maintaining the constitutional connexion of Ireland with the British crown". Here is the refuta- tion of his second great argument, published by himself. Hear him conquer himself in his pamphlet of 1798 — here (page 5) he writes as follows : " There is not a nation in the habitable globe which has advanced in cultivation and commerce, in agriculture and manufac- tures, with the same rapidity in the same period — speaking of Ireland since the constitution of 1782, namely, for the last twenty years. Here we add nothing, but that the author has been, by his own account, recommending an Union for these eight years ; he has been according to his own account, betraying, for these eight years, the •onstitution in her counsels, in the very moments of his panegyric. On this important discovery let others expatiate ; to us it is more material to observe on his work, where it sets up our history against our constitution, and the annals of the parliament against its legis- lative capacity. To establish this, he has thought it prudent to advert to four periods in which the greatest questions were success- fully discussed, and the legislative abilities were triumphantly displayed. This pamphlet quotes the period of 1753, and relates, that a question regarding a surplus in the treasury was then started, to try the strength of two factions, which, in its consequence,, trans- mitted a spirit that afterwards degraded the parliaments What, when, or where, this parliamentary degradation appeared, we are at a loss to discover. This is not history, nor comment, nor fact, but it is a garbling of history to establish a conclusion the opposite of that which the history itself would administer. The principle then determined^ the importance of that principle, the abilities displayed on the discussion of it, the real effect of both on the public mind, have escaped the pen of the historian ; from that pen you would collect, that Mr. Malone and Mr. Pery were nothing more than two prize-fighters, embattled in the cause of faction, under two great state criminals, the Primate and Lord Shaunon ; that they agitated a matter of no moment ; but that they propagated sedition of great moment and fatal consequences to the next generation. 460 ANSWER TO A PAMPHLET OP LORD CLARE. Having thus disposed of parliament, and the characters of '53, without the vexation of any study, or any sordid obligation to fact, the pamphlet proceeds to dispose of the character of the House of Commons and the principal gentlemen of the country for fifteen years after. It had before represented them as incendiaries, it here represents them as plunderers ; it sets forth, that, under the pretext of public improvement, the commons plundered the country ; and that their parliament, to pay their parliamentary following, plundered the treasury, until they imposed on the Crown the necessity of re- sorting for supply to parliament ; which the author most pathetically bemoans, and which he seems to think the only great grievance of the country. Having given this history of parliament, from 1753 to 1768, it advances to the administration of Lord Townshend, m wnich it seems to recollect nothing but the noise of opposition. The pamphlet of 1798, in the name of the author, had observed, that from the revolution of 1782, the system adopted by those in whom the power resided (they were those, among others, whom he had just been pleased to reprobate as incendiaries and plunderers), went to cement the connexion which had so long subsisted between Great Britain and Ireland, to their mutual advantage ; the pamphlet of 1800 is pleased to observe, that the precedent of their government was fatal ; and that a system was formed on it that would beat down any nation on Earth ; accordingly it states, that the English govern- ment opened their eyes, shook, indeed, the aristocracy, but generated a race of political adventurers, full of noise and indecorum. I think I have heard spruce authority as petulant and indecorous as young ambition. The attempts of the court to pack a parliament at that period, the increase of the establishment for that purpose, the great abilities dis- played, the altered Money Bill, protests, prorogation, in short, the history of the period, once more escape this historian. The learned author now approaches the year 1779 ; the expedition of his march is very great, and very liberally does he leave untouched everything behind him ; he is arrived ; and here he scarcely is stricken with anything worthy of his history, save only the weakness of Lord Buckinghamshire in arraying the volunteers, and the illiberality of the nation in demanding a free trade ; the pamphlet commends the volunteers of that period ; and yet I think I remember a young barrister going forth in his cock-boat, and scolding the waves of that ocean, and the waves regarded him not.* Certainly the volun- * Alluding to Mr. Fitzgibbon's speech in 1780, when he termed the proceed- ings of the volunteers " riot r clamour, and the production of a giddy faction". ANSWER TO A PAMPHLET OF LORD CLARE. 4C1 teers did take a most decisive part in the political and commercial question of that day. Well, he has done with the year 1779 ; what- ever he had to say on the great questions then discussed, and on that most pregnant period, in a few lines he has said it ; history is nothing in his hands ; in his account of the parliament of Ireland for thirty years, the learned author has five ideas, and those are all false ; faction in 1753 ; plunder till 1768 ; then noise of opposition ; then the weakness of government ; then the ungenerous proceedings of parliament ; and as he before condemned your elforts to recover your trade with oblique censure, so now he condemns your efforts to recover your constitution with direct animadversion ; he calls the settlement of 1782 the separation of a colony from Great Britain. Bold adulation of England this ; the alleged author of the pamphlet was in parliament the 16th of April, 1782 : he made no objection to the separation : he was in parliament the 27th May, 1782 : he made no objection to the separation : he wrote me a letter of congratulation at that time on the success of that settlement, he did not there men- tion this separation. Reading this publication now, and in the society of the two other pamphlets of the same name, every Irishman feels himself less a gentleman and more a slave. The pamphlet, in its oblique censure and in its direct animadversion, disparages every great act and every distinguished character in this country for the last fifty years : Mr. Malone, Lord Pery, late Lord Shannon, Duke of Leinster, the Messrs. Ponsonby, Mr. Brownlow, Sir William Osborne, Mr. Burgh, Mr. Daly, Mr. Yelverton, Mr. Ogle, Mr. Flood, Mr. Forbes, Lord Charlemont, and myself. I follow the author through the graves of these honourable dead men, for most of them are so ; and* I beg to raise up their tomb-stones, as he throws them down. I feel it more instructive to converse with their ashes, than with his compositions. Mr. Malone, one of the characters of 1753, was a man of the finest intellect that any country ever produced. " The three ablest men I have ever heard, were Mr. Pitt (the father), Mr. Murray, and Mr. Malone ; for a popular assembly I would choose Mr. Pitt, for a privy council, Murray; for twelve wise men, Malone". This was the opinion which Lord Sackville, the secretary of 1753, gave of Mr. Malone to a gentleman from whom I heard it. "He is a great sea in a calm", said Mr. Gerrard Hamilton, another great judge of men and talents ; "ay", it was replied, "but had you scon him when lie was young, you would have said he was a great sea in a storm". And like the sea, whether in calm or storm, he was a great pro- duction of nature. Lord Pery, he is not yet canonized by death ; but he, like the 462 ANSWER TO A PAMPHLET OF LOUD CLA1IE. rest, has beeu canonized by slander. He was more or less a party in all those measures which the pamphlet condemns, and indeed in every great statute and measure that took place in Ireland the last fifty years ; a man of the most legislative capacity I ever knew, and the most comprehensive reach of understanding I ever saw ; with a deep engraven impression of public care, accompanied by a temper which was tranquillity itself, and a personal firmness that was adamant ; in his train is every private virtue that can adorn human nature. Mr. Brownlow, Sir William Osborne, I wish we had more of these criminals ; the former seconded the address of 1 782 ; and in the latter, and in both, there was a station of mind that would have become the proudest senate in Europe. Mr. Flood, my rival, as the pamphlet calls him, and I should be unworthy the character of his rival, if in his grave I did not do him justice ; he had faults ; but he had great powers, great public effect; he persuaded the old, he inspired the young ; the Castle vanished before him ; on a small subject he was miserable ; put into his hand a distaff, and, like Hercules, he made sad work of it ; but give him the thunderbolt, and he had the arm of a Jupiter ; he misjudged when he transferred himself to the English parliament ; he forgot that he was a tree of the forest, too old and too great to be trans- planted at fifty ; and his seat in the British parliament is a caution to the friends of union to stay at home, and make the country of their birth the seat of their action. Mr. Burgh, another great person in those scenes, which it is not in the little quill of this author to depress. He was a man singu- larly gifted, with great talent, great variety, wit, oratory, and logic; he, too, had weakness ; but he had the pride of genius also, and strove to raise his country along with himself, and never sought to build his elevation on the degradation of Ireland. I moved an amendment for a free export ; he moved a better amendment, and he lost his place. I moved a declaration of right ; " with my last breath will I support the right of the Irish parliament", was his letter to me, when I applied to him for his support. He lost the ehance of recovering his place and his way to the seals, for which he might have bartered. The gates of promotion were shut on him, as those of glory opened. Mr. Daly, my beloved friend ; he, in a great measure drew the address of 1779, in favour of our trade — that " ungracious measure " ; and he saw, read, and approved of the address of 1782 in favour of constitution ; that address of " separation". He visited me in my illness at that moment, and I had communication on those subjects ANSWER TO A PAMPHLET OF LORD CLARE. 4G3 with that man, whose powers of oratory were next to perfection, and whose powers of understanding, I might say, from what has lately happened, bordered on the spirit of prophecy.* Mr. Forbes, a name I shall ever regard, and a death I shall ever deplore ; enlightened, sensible, laborious, and useful ; proud in poverty, and patriotic, he preferred exile to apostacy, and met his death. I speak of the dead, I say nothing of the living ; but I attribute to this constellation of men. in a great measure, the privi- leges of your country ; and I attribute such a generation of men to the residence of your parliament. The ministers of the Crown, who, in the times related by the pamphlet, did the lung's business, were respectable and able men ; they supported sometimes acts of power, but they never, by any shocking declaration, outraged the constitution ; they adjusted them- selves to the idea of liberty, even when they might have offended against tfee principle, and always kept on terms of decency with the people and then- privileges. Least of all did they indulge in a ter- magant vulgarity, debasing to a plebeian level courts and senates, and courting Irish infamy on a speculation of British promotion. In the list of injured characters I beg leave to say a few words for the good and gracious Earl of Charlemont ; an attack, not only on his measures, but on his representative, makes his vindication seasonable. Formed to unite aristocracy and the people, with the manners of a court and the principles of a patriot, with the flame ot liberty and the love of order; unassailable to the approaches of power, of profit, or of titles, he annexed to the love of freedom a veneration for order, and cast on the crowd that followed him the gracious light of his own accomplishments ; so that the very rabble grew civilized as it approached his person. For years did he preside over a great army without pay or reward ; and he helped to accomplish a great revolution without a drop of blood. Let slaves utter their slander, and bark at glory which is conferred by the people ; his name will stand : and when their clay shall be gathered to the dirt to which they belong, his monument, whether in marble or in the hearts of his countrymen, shall be resorted to as a subject of sorrow and an excitation to virtue. Should the author of the pamphlet pray, he could not ask for his son a greater blessing than to resemble the good Earl of Charlemont ; nor could that son repay that blessing by any act of gratitude more filial, than by committing to the flames his father's publications. * This alludes to a private anecdote of Lord Clare and Mr. Daly, respecting the conduct likely to be pursued by the former in case a Union -was proposed. 464 ANSWER TO A PAMPHLET OF LORD CLARE. I have attempted to vindicate the dead, let us now vindicate the parliament. The question of 1753 was the beginning in this country of that constitutional spirit, which asserted afterwards the privilege of the Commons, and guarded and husbanded the essential light of a free constitution. The question was of its very essence ; but the effect spread beyond the question, and the ability of the debate instructed the nation, and made her not only tenacious of her rights, but proud of her understanding. There might have been party, there might have been faction, mixing with a great public principle ; so it was in the time of ship money ; so it was in the Revolution. In these instances the private motive mixed with the public cause ; but still it was the cause of the public and the cause of liberty. In great moral operations, as well as in the great opera- tions of nature, there is always a degree of waste and overflow ; so it is with the sea. Shall we therefore pronounce the ocean a nuisance ? Thus, afterward, in the time which the pamphlef describes as the period of plunder, there was a spirit of private jobbing mixing with the spirit of public improvement ; but that spirit of public improvement, and the commencement and birth of public care, was there also, and so continued, from the time of the sagacious Lord Pery, to the period of Mr. Foster and his wise regulations. In the histoiy of parliament, I observe the learned historian omits her laws ; the corn law, the octennial bill, the tenantry bill ; he has not only forgotten our history, but his own, and most impartially contradicts what is written by himself as well as others. " No nation in the habitable globe, in cultivation, in commerce, in agricul- ture, in manufacture, has advanced in the same rapidity within the same period", says the pamphlet of 1798, in the name of our author (page 5). "A settlement so complete and satisfactory, as to render the revival of political or constitutional questions utterly impossible", so said the same pamphlet (page 9), speaking of the settlement of 1782. " A parliament", speaking of the Irish Parliament, " fully competent to all practical and beneficial purposes of government, fully competent to preserve this country, which is the weaker, against encroachment, and to save the empire from dissolution, by maintaining the constitutional connexion with Great Britain"; so said the same pamphlet, speaking of the constitution of 1782. Thus have these different works furnished their own answers, and like opposite poison, administered their cure and their contradic- tion. In procuring that constitution and that trade, the Irish Parliament had great merit — the servants of the crown had great merit — the author had none. As the author has censured the proceedings of both, let me be their ANSWER TO A PAMPHLET OF LORD CLARE. 465 vindicator. Those servants of the crown proved themselves to be Irishmen, and scorned to barter their honour for their office; that parliament, whose conduct the pamphlet reprobates, had seen the country, by restrictions on commerce and by an illegal embargo on her provision trade, brought, in 1779, to a state of bankruptcy ; that parliament had reposed in the liberality of the British Parliament an inexorable confidence ; that parliament waited and waited, till she found, after the English session of 1778, nothing could be expected ; and then that parliament (and here behold the recuperative princi- ples of our constitution, and contemplate parliament, as the true source of legitimate hope, though sometimes the just object of public disapprobation), that parliament at length preferred a demand — I say a demand, for a free trade, and expressed in a sentence the grievances of a century. They shorten the money bill, assert the spirit of the country, and, supported as they were by the whole nation, break, in one hour, that chain which had blocked up your harbours for ages. They follow this by a support of government and of empire, as ample as was their support of their country and their commerce, bold and irresistible, and do more to deter and intimidate the common enemy, than all your present loans and all your establishments. I come to the second period ; and here they fall back ; here they act reluctantly ; but here you see again the rallying principle of our constitution ; that very parliament, whom the pamphlet vilifies, whom the minister thought he had at his feet, those very gentlemen whom the pamphlet disparages, whom the -then secretary relied on as a rank majority, made a common cause with the people — made a common cause with their liberties ; and, assisted and backed by the voice of that people, preserved, carried, and established the claim, inheritance, and liberties of the realm, and sent the secretary post to England, to recant his political errors in his own country, and to register that recantation in the rolls of his own parliament. These achievements we are to estimate, not by the difficulties of the day, but by the difficulties resulting from the depression and degradation of ages. If we consider that the people and parliament, who had thus associated for the defence of the realm, and had added to the objects of their association the cause of trade and liberty, without which that realm did not deserve to be defended, had been in a great measure excluded from all the rest of the world, had been depressed for one hundred years by commercial and political oppression, and torn by religious divisions ; that their ministers had not seldom applied themselves to taint the integrity of the higher order, and very seldom (except as far as they concurred in the bounties o f the legis- 4G6 ANSWER TO A PAMPHLET OF LORD CLARE. ■lature) applied themselves to relieve the condition of the lower order ; that such a people and such a parliament should spontaneously associate, unite, arm, array, defend, illustrate, and free their country, overawe bigotry, suppress riot, prevent invasion, and produce, as the offspring of their own head, armed cap-a-pie, like the goddess of wisdom issuing from the thunderer, commerce and constitution— what shall we say of such a people and such a parliament ? Let the author of the pamphlet retire to his closet, and ask pardon of his God for what he has written against his country ! 1 state these things, because these things have been called clamour; I state these facts, in opposition to slander, as the defence of my country, to restore from calumny the character of her constitution, and to rescue from oblivion the decaying evidences of her glory. I think I know my country ; I think I have a right to know her; she has her weaknesses ; were she perfect, one would admire her more, but love her less. The gentlemen of Ireland act on sudden impulse ; but that impulse is the result of a warm heart, a strong head, and great personal determination ; the errors incidental to such a principle of action must be their errors $ but then the virtues belonging to that principle must be their virtues also ; such errors may give a pretence to their enemies, but such virtues afford salva- tion to their country. The minister should therefore say what I say to my country — I, who am no better than one of yourselves, but far superior to your tyrants — I, who probably partake of your defects, and shall be satisfied if I have any portion either of your spirit or of your fire : " Come, come to this heart, with all your infirmities and all your religion ". We return to the publication : we look for something to build or plant in the immense waste — the huge moral devastation this writing has left of the talents, ability, and credit of the country. Three pamphlets of this author lie open before me, a publication of 1793, another of 1798, and the present of 1800, all in the same name. Here we are to look, I suppose, for whatever is by him suffered to remained unlevelled of profound wisdom, liberal policy, comprehen- sive system ; the true principle of government and of a free consti- tution. Leaf after leaf, and period after period, have I turned them over ; the author will show in what part of these poor things those great maxims are to be discovered ; to mere mortal eyes these pub- lications seem to be a system of political, moral, and intellectual levelling ; scurrilous in themselves, they betray a native, genuine horror of anything like genius, liberty, or the people ; great audacity of assertion ; great thrift of argument ; a turn to be offensive, without a power to be severe — fury in the temper and famine in the phrase. ANSWER TO A PAMPHLET OF LORD CLARE. 46*7 I find, and lament to find, in those levelling publications the following sentiments : that Ireland is a British colony, and that to demand a free constitution, was to separate from Britain; that Ireland may prudently submit to legislation without representation ; that Ireland had no parliamentary constitution till the time of James the First ; that the creation of the dependency of the crown for supply on the Commons, was a pernicious precedent; that the remedy for our present free constitution, and the only security for the connexion, was to put in the place of the British parliament the commanding influence of the British cabinet over the Irish legisla- ture. Couple this with a declaration, that half a million had been resorted to some years back to buy the Commons of Ireland ; couple that with the declaration contained in this pamphlet, that, for the last seven years, a noble minister of the crown had perseveringly recommended the abolition of the Irish Parliament, and an union in its place ; couple all this together, and the result of the pamphlet will be the most complete and ample justification and panegyric of that opposition, who for a course of years have, with honest perseve- rance, reprobated that minister's administration. I will not say it is a justification of rebellion, but it is the best defence I have seen; it amounts to a direct charge, for those last fifty years, on the aristo- cracy and on the commons, of faction, of plunder, of breaches with England, and of acts of separation; and it particularly condemns the parliament for those very measures on which she must rest her credit and authority with the people; and further, it charges, that before any rebel was in the country, a leading minister in the cabinet was himself, and had been for eight years, a secret adviser against the parliamentary constitution of Ireland, of course against the fundamental laws of the land. To such a work, containing three fabrications, four capital departures from matter of fact, together with disparagement of his country, and of almost every honest public character for the last fifty years, I do not think it necessary to say more. I conclude, therefore, by repeating what I have already solemnly declared, that It is not fact that we excited the Catholics. It is not fact that we persecuted the Catholics. It is not fact that we adopted the Catholic measures after the place bill and pension bill had passed, and in quest of new matter of opposition. It is not fact that I ever declared or wrote that the adjustment of 1782 emanated from Dungannom 468 ANSWER TO A PAMPHLET OF LORD CLARE. It is not fact that I ever compared the parliament that accom- plished that adjustment to the parliament of 1613. It is not fact that I ever declared that the Catholic would be most powerful if these nations were separated. It Is not fact that I ever abandoned to popularity the draft of a bill for vesting in the Parliament of England a power of imperial legislature. It is not fact that I ever saw, agreed to, or heard of, any such draft. It is not fact that I ever agreed to an alliance with any English party, to oppose any plan of national concord. It is not fact that I ever entered into any alliance, offensive and defensive, with them, however I might esteem their persons and prefer their principles. Here are ten assertions made by the author ; he is publicly called upon to establish them. I have said thus much to defend my country and myself in opposi- tion to this publication, that takes the name of a minister who has the support of the governments of both countries, and with respect to whom I have no advantage, except the cause, my own personal superiority, and another recommendation which I possess in common with almost every honest subject in Ireland, and with the Irish nation herself, the advantage which the calumniated has over the calumniator. I might avail myself of many more vulnerable parts in these publications, and press the supposed author personally, as he has pressed others ; but, considering his situation more than he has done himself, I consign him to judges more severe than I could be, and to him the most awful, and, on this side the grave, the most tremendous — ins country and his conscience ! * * This was singularly prophetic. After the Union, Lord Clare repented of his conduct, and I have heard a near relative of his declare, that in hi' days he bitterly reproached himself for the part he had taken in that mer- — Note by the Editor of GraUarfs Mis. Works. THE END.