A Popular History of Ireland Part 37

GRATTAN'S LEADERs.h.i.+P--"FREE TRADE," AND THE VOLUNTEERS.

The revolt of the American colonies against the oppressive legislation of the British Parliament, was the next circ.u.mstance that deeply affected the const.i.tutional struggle, in which the Irish Parliament had so long been engaged. The similarity in the grievances of Ireland and the colonies, the close ties of kindred established between them, the extent of colonial commerce involved in the result, contributed to give the American Declaration of Independence more importance in men's eyes at Dublin, than anywhere else out of the colonies, except, perhaps, London.

The first mention made of American affairs to the Irish legislature, was in Lord Townsend's message in 1775, calling for the despatch of 4,000 men from the Irish establishment, to America, and offering to supply their place by as many foreign Protestant (German) troops. The demand was warmly debated. The proposition to receive the proffered foreign troops was rejected by a majority of thirty-eight, and the contingent for America pa.s.sed on a division, upon Flood's plea that they would go out merely as "4,000 armed negotiators." This expression of the great parliamentary leader was often afterwards quoted to his prejudice, but we must remember, that, at the time it was employed, no one on either side of the contest had abandoned all hopes of accommodation, and that the significance of the phrase was rather pointed against Lord North than against the colonies. The 4,000 men went out, among them Lord Rawdon (afterwards Lord Moira), Lord Edward Fitzgerald, and many others, both officers and men, who were certainly no enemies of liberty, or the colonies.

Some slight relaxation of the commercial restrictions which operated so severely against Irish industry were made during the same year, but these were more than counterbalanced by the embargo on the export of provisions to America, imposed in February, 1776. This arbitrary measure--imposed by order in Council--was so near being censured by the Parliament then sitting, that the House was dissolved a month afterwards, and a new election ordered. To meet the new Parliament it was thought advisable to send over a new Viceroy, and accordingly Lord Buckinghams.h.i.+re entered into office, with Sir Richard Heron as chief secretary.

In the last session of the late Parliament, a young _protege_ of Lord Charlemont--he was only in his twenty-ninth year--had taken his seat for the borough of Charlemont. This was Henry Grattan, son of the Recorder of Dublin, and grandson of one of those Grattans who, according to Dean Swift, "could raise 10,000 men." The youth of Grattan had been neither joyous nor robust; in early manhood he had offended his father's conservatism; the profession of the law, to which he was bred, he found irksome and unsuited to his tastes; society, as then const.i.tuted, was repulsive to his over-sensitive spirit and high Spartan ideal of manly duty; no letters are sadder to read than the early correspondence of Grattan, till he had fairly found his inspiration in listening enraptured to the eloquent utterances of Chatham, or comparing political opinions with such a friend as Flood.

At length he found a seat in the House of Commons, where, during his first session, he spoke on three or four occasions, briefly, modestly, and with good effect; there had been no sitting during 1776, nor before October of the following year; it was, therefore, in the sessions from '78 to '82 inclusive, that this young member raised himself to the head of the most eloquent men, in one of the most eloquent a.s.semblies the world has ever seen.

The fact of Mr. Flood, after fourteen years of opposition, having accepted office under Lord Harcourt's administration, and defended the American expedition and the embargo, had greatly lessened the popularity of that eminent man.

There was indeed, no lack of ability still left in the ranks of the opposition--for Burgh, Daly, and Yelverton were there; but for a supreme spirit like Grattan--whose burning tongue was ever fed from his heart of fire--there is always room in a free senate, how many soever able and accomplished men may surround him.

The fall of 1777 brought vital intelligence from America.

General Burgoyne had surrendered at Saratoga, and France had decided to ally herself with the Americans. The effect in England and in Ireland was immense. When the Irish Houses met, Mr. Grattan moved an address to the King in favour of retrenchment, and against the pension list, and Mr. Daly moved and carried an address deploring the continuance of the American war, with a governmental amendment a.s.suring his Majesty that he might still rely on the services of his faithful Commons. The second Catholic relief bill, authorizing Papists to loan money on mortgage, to lease lands for any period not exceeding 999 years--to inherit and bequeath real property, so limited, pa.s.sed, not without some difficulty, into law.

The debate had been protracted, by adjournment after adjournment, over the greatest part of three months; the main motion had been further complicated by an amendment repealing the Test Act in favour of Dissenters, which was, fortunately, engrafted on the measure. The vote in the Commons, in favour of the bill so amended, was 127 _yeas_ to 89 _nays_, and in the Lords, 44 _Contents_ to 28 _Noncontents_.

In the English House of Commons, Lord Nugent moved, in April, a series of resolutions raising the embargo on the Irish provision trade; abolis.h.i.+ng, so far as Ireland was concerned, the most restrictive clauses of the Navigation Act, both as to exports and imports, with the exception of the article of tobacco. Upon this the manufacturing and s.h.i.+pping interest of England, taking the alarm, raised such a storm in the towns and cities that the ministry of the day were compelled to resist the proposed changes, with a few trifling exceptions.

But Grattan had caught up, in the other island, the cry of "free trade," and the people echoed it after their orator, until the whole empire shook with the popular demand.

But what gave pith and power to the Irish demands was the enrolment and arming of a numerous volunteer force, rendered absolutely necessary by the defenceless state of the kingdom. Mr. Flood had long before proposed a national militia, but being in opposition and in the minority, he had failed. To him and to Mr. Perry, as much as to Lord Charlemont and Mr. Grattan, the militia bill of 1778, and the n.o.ble army of volunteers equipped under its provisions, owed their origin. Whether this force was to be a regular militia, subject to martial law, or composed of independent companies, was for some months a subject of great anxiety at the castle; but necessity at length precipitated a decision in favour of volunteer companies, to be supplied with arms by the state, but drilled and clothed at their own expense, with power to elect their own officers. The official announcement of this decision once made, the organization spread rapidly over the whole kingdom. The Ulster corps, first organized, chose as their commander the Earl of Charlemont, while those of Leinster elected the Duke of Leinster.

Simultaneously, resolutions against the purchase of English goods and wares were pa.s.sed at public meetings, and by several of the corporate bodies. Lists of the importers of such goods were obtained at the custom houses, and printed in handbills, to the alarm of the importers. Swift's sardonic maxim, "to burn everything coming from England, _except the coals_," began to circulate as a toast in all societies, and the consternation of the Castle, at this resurrection of the redoubtable Dean, was almost equal to the apprehension entertained of him while living.

While the Castle was temporizing with both the military and the manufacture movement, in a vague expectation to defeat both, the press, as is usual in such national crises, teemed with publications of great fervour and ability. Dr. Jebb, Mr. (afterwards Judge) Johnson, Mr.

Pollock, Mr. Charles Sheridan, Father Arthur O'Leary, and Mr. Dobbs, M.P., were the chief workers in this department of patriotic duty. Cheered, instructed, restrained within due bounds by these writings and the reported debates of Parliament, the independent companies proceeded with their organization. In July, 1779, after all the resources of prevarication had been exhausted, arms were issued to the several recognized corps, and the Irish volunteers became in reality a national army for domestic protection and defence.

When this point was reached, Mr. Grattan and his friends took anxious council as to their future movements.

Parliament was to meet on the 12th of October, and in that sweet autumnal month, Grattan, Burgh, and Daly, met upon the sea-sh.o.r.e, near Bray, in view of one of the loveliest landscapes on earth, to form their plan for the session. They agreed on an amendment to the address in answer to the royal speech, demanding in explicit terms "free export and import" for Irish commerce. When Parliament met, and the address and amendment were moved, it was found that Flood, Burgh, Hutchinson, and Gardiner, though all holding offices of honour and emolument under government, would vote for it. Flood suggested to subst.i.tute the simple term "free trade," and with this and one other verbal alteration suggested by Burgh, the amendment pa.s.sed with a single dissenting voice.

The next day the Speaker, Mr. Perry, who was all along in the confidence of the movers of the amendment, Daly, Grattan, Burgh, Flood, Hutchinson, Ponsonby, Gardiner, and the whole House, went up with the amended address to the castle. The streets were lined with volunteers, commanded in person by the Duke of Leinster, who presented arms to the patriotic Commons as they pa.s.sed. Most of the leading members wore the uniform of one or other of the national companies, and the people saw themselves at the same moment under the protection of a patriotic majority in the legislature, and a patriotic force in the field. No wonder their enthusiastic cheers rang through the corridors of the castle with a strangely jubilant and defiant emphasis. It was not simply the spectacle of a nation recovering its spirit, but recovering it with all military _eclat_ and pageantry. It was the disarmed armed and triumphant--a revolution not only in national feeling, but in the external manifestation of that feeling. A change so profound stirred sentiments and purposes even deeper than itself, and suggested to the ardent imagination of Grattan the establishment of entire national independence, saving always the rights of the crown.

The next day, the Houses, not to be outdone in courtesy, voted their thanks to the volunteers for "their just and necessary exertions in defence of their country!"

CHAPTER VIII.

GRATTAN'S LEADERs.h.i.+P--LEGISLATIVE AND JUDICIAL INDEPENDENCE ESTABLISHED.

The task which Mr. Grattan felt called upon to undertake, was not _revolutionary_, in the usually accepted sense of the term. He was a Monarchist and a Whig in general politics; but he was an Irishman, proud and fond of his country, and a sincere lover of the largest religious liberty. With the independence of the judiciary and the legislature, with freedom of commerce and of conscience, he would be well content to stand by the British connection.

"The sea," he said, in his lofty figurative language, "protests against union--the ocean against separation."

But still, within certain legal limits, his task _was_ revolutionary, and was undertaken under all the discouragements incident to the early stages of great const.i.tutional reforms.

Without awaiting the action of the English Parliament, in relation to free trade, a public-spirited citizen of Dublin, Alderman James Horan, demanded an entry at the custom house, for some parcels of Irish woollens, which he proposed exporting to Rotterdam, contrary to the prohibitory enactment, the 10th and 11th of William III.

The commissioners of customs applied for instructions to the Castle, and the Castle to the Secretary of State, Franklin's friend, Lord Hillsborough. For the moment a collision similar to that which had taken place at Boston, on a not dissimilar issue, seemed imminent. A frigate was stationed off Howth, with instructions, it was said, to intercept the prohibited woollens, but Alderman Horan, by the advice of his friends, allowed his application to remain on the custom house files. It had served its purpose of bringing home practically to the people, the value of the principle involved in the demand for freedom of exports and imports. At the same time that this practical argument was discussed in every circle, Mr.

Grattan moved in the House of Commons, in amendment to the supply bill, that, "At this time it is inexpedient to grant new taxes." The government divided the House, but to their mortification found only 47 supporters; for Grattan's amendment there were 170. A subsequent amendment against granting duties for the support of the loan fund, was also carried by 138 to 100.

These adverse votes were communicated with great trepidation, by the Lord Lieutenant, to the British administration. At length Lord North thought it essential to make some concessions, and with this view he brought in resolutions, declaring the trade with the British colonies in America and Africa, and the free export of gla.s.s and woollens, open to the Irish merchant. A week later, similar resolutions were pa.s.sed in the Irish Commons, and in February, 1780, "a free trade" in the sense in which it had been demanded, was established by law, placing Ireland in most respects, as to foreign and colonial commerce, on an equality with England.

In February, the Viceroy again alarmed the British administration, with the reported movement for the repeal of "Poyning's law,"--the statute which required heads of bills to be transmitted to, and approved in England, before they could be legislated upon. He received in reply, the royal commands to resist by every means in his power, any attempted "change in the const.i.tution,"

and he succeeded in eliciting from the House of Lords, an address, strongly condemnatory of "the misguided men,"

who sought to raise such "groundless jealousies," between the two kingdoms. But the Patriot Commoners were not to be so deterred. They declared the repeal of Poyning's act, and the 6th of George I., to be their ultimatum, and notices of motion to that effect were immediately placed on the journals of the House of Commons.

In the early days of April, Grattan, who, more than any of our orators, except perhaps Burke, was sensitive to the aspects of external nature, and imbued with the poetry of her works, retired from the city, to his uncle Dean Marlay's house, Cellbridge Abbey, formerly the residence of Swift's ill-fated Vannessa. "Along the banks of that river," he said, many years afterwards, "amid the groves and bowers of Swift and Vannessa, I grew convinced that I was right; arguments, unanswerable, came to my mind, and what I then presaged, confirmed me in my determination to persevere." With an enthusiasm intensified and restrained--but wonderful in the fire and grandeur of its utterance--he rose in his place, on the 19th of the month, to move that "the King, Lords, and Commons of Ireland, are the only power competent to enact laws to bind Ireland." He was supported by Hussey Burgh, Yelverton, and Forbes; Flood favoured postponement, and laid the foundation of his future estrangement from Grattan; Daly was also for delay; Fitzgibbon, afterwards Lord Clare, Provost Hutchinson, and John Foster, afterwards Lord Oriel, resisted the motion. The Castle party moved in amendment that "there being an equivalent resolution already on the journals of the House"--alluding to one of the resolutions against Stafford's tyranny in 1641--a new resolution was unnecessary. This amendment was carried by 136 to 79, thus affirming the formula of independence adopted in 1641, but depriving Grattan of the honour of putting it, in his own words, on the record. The substantial result, however, was the same; the 19th of April was truly what Grattan described it, "a great day for Ireland."

"It is with the utmost concern," writes the Viceroy next day to Lord Hillsborough, "I must acquaint your Lords.h.i.+p that although so many gentlemen expressed their concern that the subject had been introduced, the sense of the House _against_ the obligation of _any statutes_ of the Parliament of Great Britain, within this kingdom, is represented to me to have been almost unanimous."

Ten days later, a motion of Mr. Yelverton's to repeal Poyning's law, as far as related to the Irish privy council's supervision of heads of bills, was negatived by 130 to 105.

During the remainder of the session the battle of independence was fought on the Mutiny Bill. The Viceroy and the Chief Secretary, playing the game of power, were resolved that the influence of the crown should not be diminished, so far as the military establishments were concerned. Two justices of the peace in Sligo and Mayo, having issued writs of _habeas corpus_ in favour of deserters from the army, on the ground that neither the British Mutiny Act, nor any other British statute, was binding on Ireland, unless confirmed by an act of its own legislature, brought up anew the whole question. Lord North, who, with all his proverbial tact and good humour, in the House of Commons, always pursued the most arbitrary policy throughout the empire, proposed a perpetual Mutiny Bill for Ireland, instead of the Annual Bill, in force in England. It was introduced in the Irish House of Commons by Mr. Gervase Parker Bushe, and, by a vote of two to one, postponed for a fortnight. During the interval, the British authorities remained obdurate to argument and remonstrance. In vain, the majority of the Irish privy counsellors advised concession; in vain, Flood, who was consulted, pointed out the futility of attempting to force such a measure; it was forced, and, under the cry of loyalty, a draft bill was carried through both Houses, and remitted to England in June. Early in August it was returned; on the 12th it was read a first time; on the 16th, a second; and it was carried through Committee by 114 to 62. It was at this emergency the Volunteers performed the second act of their great drama of Ireland's liberation. A series of reviews were held, and significant addresses presented to Lord Camden (then on a visit to the country), Lord Charlemont, Mr. Flood, and Mr. Grattan.

On the re-a.s.sembling of Parliament in August, when the bill was referred to, Mr. Grattan declared that he would resist it to the last; that if pa.s.sed into law, he and his friends would _secede_, and would appeal to the people in "a formal instrument." A new series of corporation and county meetings was convened by the Patriot party, which warmly condemned the Perpetual Mutiny Act, and as warmly approved the repeal of Poyning's Act, and the 6th of George I.: questions which were all conceived to be intermixed together, and to flow from the a.s.sertion of a common principle. Parliament being prorogued in September, only threw the whole controversy back again into the furnace of popular agitation. The British Government tried a lavish distribution of t.i.tles and a change of Viceroys,--Lord Carlisle being subst.i.tuted in December for Lord Buckingham--but the spirit abroad was too general and too earnest, to be quelled by the desertion of individuals, however numerous or influential. With Lord Carlisle, came, as Chief Secretary, Mr. Eden, afterwards Lord Auckland; he had been, with his chief, a peace commissioner to America, two years before, and had failed; he was an intriguing and accomplished man, but he proved himself as unequal as Heron or Rigby to combat the movement for Irish independence.

Parliament was not again called together till the month of October, 1781; the interval being busily occupied on both sides with endeavours to create and sustain a party.

Soon after the meeting, Mr. Grattan, seconded by Mr.

Flood, moved for a limitation of the Mutiny Bill, which was lost; a little later, Mr. Flood himself introduced a somewhat similar motion, which was also outvoted two to one; and again, during the session, Mr. Yelverton, having abandoned his promised motion against Poyning's law, on news of Lord Cornwallis's surrender reaching Dublin, Flood took it up, moved it, and was defeated. A further measure of relief for Roman Catholics, introduced by Mr. Gardiner, author of the act of 1778, and warmly supported by Grattan, was resisted by Flood in the one House, and Lord Charlemont in the other. It miscarried, and left another deposit of disagreement between the actual and the former leader of the Patriot party.

Still no open rupture had taken place between the two Patriot orators. When the convention of the volunteers was called at Dungannon for the 15th of February, 1782, they consulted at Charlemont House as to the resolutions to be pa.s.sed. They were agreed on the const.i.tutional question; Grattan, of his own generous free will, added the resolution in favour of emanc.i.p.ation. Two hundred and forty-two delegates, representing 143 corps, unanimously adopted the resolutions so drafted, as their own, and, from the old head-quarters of Hugh O'Neil, sent forth anew an unequivocal demand for civil and religious liberty.

The example of Ulster soon spread through Ireland. A meeting of the Leinster volunteers, Mr. Flood in the chair, echoed it from Dublin; the Munster corps endorsed it unanimously at Cork; Lord Clanrickarde summoned together those of the western counties at Portumna--an historic spot, suggestive of striking a.s.sociations. Strengthened by these demonstrations of public opinion, Mr. Grattan brought forward, on the 22nd of February, his motion declaratory of the rights of Ireland. An amendment in favour of a six months' postponement of the question was carried; but on the 16th of April, just two years from his first effort on the subject (the administration of Lord North having fallen in the meantime), the orator had the satisfaction of carrying his address declaratory of Irish legislative independence. It was on this occasion that he exclaimed: "I found Ireland on her knees; I watched over her with a paternal solicitude; I have traced her progress from injury 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 character I hail her! and bowing to her august presence, I say, _Esto perpetua!_"

Never was a new nation more n.o.bly heralded into existence!

Never was an old nation more reverently and tenderly lifted up and restored! The Houses adjourned to give England time to consider Ireland's _ultimatum_. Within a month it was accepted by the new British administration, and on the 27th of May, the new Whig Viceroy, the Duke of Portland, was authorized to announce from the throne the establishment of the judicial and legislative independence of Ireland.

CHAPTER IX.

THE ERA OF INDEPENDENCE--FIRST PERIOD.

The accession of the Rockingham administration to power, in 1782, was followed by the recall of Lord Carlisle, and the subst.i.tution, as Viceroy, of one of the leading Lords of the Whig party. The n.o.bleman selected to this office was William Henry, third Duke of Portland, afterwards twice prime minister; then in the prime of life, possessed of a very ample fortune, and uniting in his own person the two great Whig families of Bentinck and Cavendish.

The policy he was sent to represent at Dublin was undoubtedly an imperial policy; a policy which looked as anxiously to the integrity of the empire as any Tory cabinet could have desired; but it was, in most other respects, a policy of conciliation and concession, dictated by the enlarged wisdom of Burke, and adopted by the magnanimous candour of Fox. Yet by a generous people, who always find it more difficult to resist a liberal than an illiberal administration, it was, in reality, a policy more to be feared than welcomed; for its almost certain effects were to divide their ranks into two sections--a moderate and an extreme party--between whom the national cause, only half established, might run great danger of being lost, almost as soon as it was won.

With the Duke of Portland was a.s.sociated, as Chief Secretary, Colonel Fitzpatrick, of the old Ossory family, one of those Irish wits and men of fas.h.i.+on, who form so striking a group in the middle and later years of King George III. As the personal and political friend of Flood, Charlemont, and Grattan, and the first Irish secretary for several administrations, he shared the brilliant ovation with which the Duke of Portland was received, on his arrival at Dublin; but for the reason already mentioned, the imperial, in so far as opposed to the national policy, found an additional advantage in the social successes and great personal popularity of the new secretary.

The critical months which decided the contest for independence--April and May--pa.s.sed over fortunately for Ireland. The firmness of the leaders in both Houses, the energy especially of Grattan, whose cry was "No time, no time!" and the imposing att.i.tude of the volunteers, carried the question. Lord Rockingham and Mr. Fox by letter, the new Viceroy and Secretary in person, had urged every argument for adjournment and delay, but Grattan's _ultimatum_ was sent over to England, and finally and formally accepted. The demands were _five_.

I. The repeal of the 6th of George I. II. The repeal of the Perpetual Mutiny Act. III. An Act to abolish the alteration or suppression of Bills. IV. An Act to establish the final jurisdiction of the Irish Courts and the Irish House of Lords. V. The repeal of Poyning's Law. This was the const.i.tutional charter of 1782, which restored Ireland, for the first time in that century, to the rank and dignity of a free nation.

Concession once determined on, the necessary bills were introduced in both Parliaments simultaneously, and carried promptly into law. On the 27th of May, the Irish Houses were enabled to congratulate the Viceroy that "no const.i.tutional question any longer existed between the two countries." In England it was proclaimed no less explicitly by Fox and his friends, that the independency of the two legislatures "was fixed and ascertained for ever." But there was, unfortunately, one ground for dispute still left, and on that ground Henry Flood and Henry Grattan parted, never to be reconciled.

The elder Patriot, whose conduct from the moment of his retirement from office, in consequence of his Free Trade vote and speech in '79, had been, with occasional exceptions, arising mostly from bodily infirmity, as energetic and consistent as that of Grattan himself, saw no sufficient const.i.tutional guarantee in mere acts of Parliament repealing other acts. He demanded "express renunciation" of legislative supremacy on the part of England; while Grattan maintained the sufficiency of "simple repeal." It is possible even in such n.o.ble natures as these men had--so strangely are we const.i.tuted--that there was a latent sense of personal rivalry, which prompted them to grasp, each, at the larger share of patriotic honour. It is possible that there were other, and inferior men, who exasperated this latent personal rivalry. Flood had once reigned supreme, until Grattan eclipsed him in the sudden splendour of his career. In scholars.h.i.+p and in genius the elder Patriot was, taken all in all, the full peer of his successor; but Grattan had the national temperament, and he found his way more readily into the core of the national heart; he was the man of the later, the bolder, and the more liberal school; and such was the rapidity of his movements, that even Flood, from '79 to '82, seemed to be his follower, rather than his coadjutor. In the hopeful crisis of the struggle, the slower and more experienced statesman was for the moment lost sight of. The leading motions were all placed or left in the hands of Grattan by the consent of their leading friends; the bills repealing the Mutiny Act, the 6th George I., and Poyning's law, were entrusted to Burgh, Yelverton, and Forbes; the thanks of the House were voted to Grattan alone after the victory, with the substantial addition of 50,000 pounds to purchase for him an estate, which should become an enduring monument of the national grat.i.tude.

The open rupture between the two great orators followed fast on the triumph of their common efforts. It was still the first month--the very honeymoon of independence. On the 13th of June, Mr. Grattan took occasion to notice in his place, that a late British act relating to the importation of sugars, was so generally worded as apparently to include Ireland; but this was explained to be a mere error of the clerk, the result of haste, and one which would be promptly corrected. Upon this Mr. Flood first took occasion to moot the insufficiency of "simple repeal,"

and the necessity of "express renunciation," on the part of England. On the 19th, he moved a formal resolution on the subject, which was superseded by the order of the day; but on the 19th of July, he again moved, at great length, and with great power of logical and historical argument, for leave to bring in an Irish Bill of Rights, declaring "the sole and exclusive right of the Irish Parliament to make laws in all cases whatsoever, _external and internal_." He was supported by Sir Simon Bradstreet, Mr. English, and Mr. Walshe, and opposed by Grattan, who, in one of his finest efforts, proposed a counter resolution, "that the legislature of Ireland is independent; and that any person who shall, by writing or otherwise, maintain that a right in any other country, to make laws for Ireland, _internally_ or _externally_, exists or can be revived, _is inimical to the peace of both kingdoms_."

This extreme proposition--pointing out all who differed from himself as public enemies--the mover, however, withdrew, and subst.i.tuted in its stead the milder formula, that leave was refused to bring in the bill, because the sole and exclusive right of legislation in the Irish Parliament in all cases, whether externally or internally, hath been already a.s.serted by Ireland, and fully, finally, and irrevocably acknowledged by the British Parliament.

Upon this motion Flood did not think it advisable to divide the House, so it pa.s.sed without a division.

But the moot point thus voted down in Parliament disquieted and alarmed the minds of many out of doors. The volunteers as generally sided with Flood as the Parliament had sided with Grattan. The lawyer corps of the city of Dublin, containing all the great names of the legal profession, endorsed the const.i.tutional law of the member for Kilkenny; the Belfast volunteers did likewise; and Grattan's own corps, in a respectful address, urged him to give his adherence to the views of "the best informed body of men in the kingdom,"--the lawyers' corps. Just at that moment Lord Abingdon, in the English House of Lords, gave notice of a mischievous motion to a.s.sert the external supremacy of the English Parliament; and Lord Mansfield, in the King's Bench, decided an Irish appeal case, notwithstanding the recent statute establis.h.i.+ng the judicial independence of the Irish courts. It is true the case had been appealed before the statute was pa.s.sed; and that Lord Abingdon withdrew his motion for want of a seconder; but the alarm was given, and the popular mind in Ireland, jealously watchful of its new-born liberties, saw in these attempts renewed cause for apprehension. In opposition to all this suddenly awakened suspicion and jealousy, Grattan, who naturally enough a.s.sumed his own interest in preserving the new const.i.tution to be quite equal to those who cast doubts on its security, invariably held one language.

The settlement already made, according to his view, was final; it was an international treaty; its maintenance must depend on the ability and disposition of the parties to uphold it, rather than on the multiplication of declaratory acts. Ireland had gone to England with a charter, not for a charter, and the nation which would insist upon the humiliation of another, was a foolish nation. This was the lofty light in which he viewed the whole transaction, and in this light, it must be added, he continued to view it till the last. Many of the chief English and Irish jurists of his time, Lord Camden, Lord Kenyon, Lord Erskine, Lord Kilwarden, Judges Chamberlain, Smith, and Kelly, Sir Samuel Rommilly, Sir Arthur Pigott, and several others, agreed fully in Grattan's doctrine, that the settlement of '82 was final and absolute, and "terminated all British jurisdiction over Ireland." But although these are all great names, the instinct of national self-preservation may be considered in such critical moments more than a counterpoise to the most matured opinions of the oracles of the law. Such must have been the conviction also of the English Parliament, for, immediately on their meeting in January, 1783, they pa.s.sed the _Act of Renunciation_ (23rd George III.), expressly declaring their admission of the "exclusive rights of the Parliament and Courts of Ireland in matters of legislature and judicature." This was Flood's greatest triumph. Six months before his doctrine obtained but three supporters in the Irish Commons; now, at his suggestion, and on his grounds, he saw it unanimously affirmed by the British Parliament.