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 substitution, as

Viceroy, of one of the leading Lords of the Whig party. The nobleman

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 associated, as Chief Secretary, Colonel

Fitzpatrick, of the old Ossory family, one of those Irish wits and men

of fashion, 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—passed 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 attitude 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 constitutional 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 constitutional 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 constitutional 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 noble

natures as these men had—so strangely are we constituted—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 scholarship 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 gratitude.

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

substituted 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 asserted 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 passed

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 constitutional 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 assert the external supremacy of the English

Parliament; and Lord Mansfield, in the King's Bench, decided an Irish

appeal case, notwithstanding the recent statute establishing the

judicial independence of the Irish courts. It is true the case had been

appealed before the statute was passed; 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 assumed his own interest in preserving the new

constitution 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 passed 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.

On two other questions of the utmost importance these leading spirits

also widely differed. Grattan was in favour of, and Flood opposed to,

Catholic emancipation; while Flood was in favour of, and Grattan, at

that moment, opposed to, a complete reform of parliamentary

representation. The Catholic question had its next great triumph after

Flood's death, as will be mentioned further on; but the history of the

Irish reform movement of 1783, '84, and '85, may best be disposed of

here.

The Reformers were a new party rising naturally out of the popular

success of 1782. They were composed of all but a few of the more

aristocratic corps of the volunteers, of the townsmen, especially in

the seaports and manufacturing towns, of the admirers of American

example, of the Catholics who had lately acquired property and

recognition, but not the elective franchise, of the gentry of the

second and third degree of wealth, overruled and overshadowed by the

greater lords of the soil. The substantial grievance of which they

complained was, that of the 300 members of the House of Commons, only

72 were returned by the people; 53 Peers having the power to nominate

123 and secure the election of 10 others; while 52 Commoners nominated

91 and controlled the choice of 4 others. The constitution of what

ought to have been the people's house was, therefore, substantially in

the hands of an oligarchy of about a hundred great proprietors, bound

together by the spirit of their class, by intermarriage, and by the

hereditary possession of power. To reduce this exorbitant influence

within reasonable bounds, was the just and wise design to which Flood

dedicated all his energies, after the passage of the _Act of

Renunciation_, and the success of which would certainly have restored

him to complete equality with Grattan.

In the beginning of 1783, the famous coalition ministry of Lord North

and Mr. Fox was formed in England. They were at first represented at

Dublin Castle, for a few months, by Lord Temple, who succeeded the Duke

of Portland, and established the order of _Knights of Saint Patrick_;

then by Lord Northington, who dissolved Parliament early in July. A

general election followed, and the reform party made their influence

felt in all directions. County meetings were held; conventions by

districts and by provinces were called by the reforming Volunteers, in

July, August, and September. The new Parliament was to be opened on the

14th of October, and the Volunteers resolved to call a convention of

their whole body at Dublin, for the 10th of November.

The Parliament met according to summons, but though searching

retrenchment was spoken of, no promise was held out of a constitutional

reform; the limitation of the regular troops to a fixed number was

declared advisable, and a vote of thanks to the Volunteers was passed

without demur. But the proceedings of the Houses were soon eclipsed by

the portentous presence of the Volunteer Convention. One hundred and

sixty delegates of corps attended on the appointed day. The Royal

Exchange was too small to accommodate them, so they adjourned to the

Rotunda, accompanied by mounted guards of honour. The splendid and

eccentric Bishop of Derry (Earl of Bristol), had his dragoon guards;

the courtly but anxious Charlemont had his troop of horse; Flood, tall,

emaciated, and solemn to sadness, was hailed with popular acclamations;

there also marched the popular Mr. Day, afterwards Judge; Robert

Stewart, father of Lord Castlereagh; Sir Richard Musgrave, a reformer

also, in his youth, who lived to confound reform with rebellion in his

old age. The Earl of Charlemont was elected president of this imposing

body, and for an entire month Dublin was divided between the

extraordinary spectacle of two legislatures—one sitting at the Rotunda,

and the other at College Green, many members of each being members of

the other; the uniform of the volunteer sparkling in the Houses, and

the familiar voices of both Houses being heard deliberating and

debating among the Volunteers.

At length, on the 29th of November, after three weeks' laborious

gestation, Flood brought before Parliament the plan of reform agreed to

by the Convention. It proposed to extend the franchise to every

_Protestant_ freeholder possessed of a lease worth forty shillings

yearly; to extend restricted borough constituencies by annexing to them

neighbouring populous parishes; that the voting should be held on one

and the same day; that pensioners of the crown should be incapable of

election; that members accepting office should be subject to

re-election; that a stringent bribery oath should be administered to

candidates returned; and, finally, that the duration of Parliament

should be limited to three years. It was, indeed, an excellent

Protestant Reform Bill, for though the Convention had received Father

Arthur O'Leary with military honours, and contained many warm friends

of Catholic rights, the majority were still intolerant of _religious_

freedom. In this majority it is painful to have to record the names of

Flood and Charlemont.

The debate which followed the introduction of this proposed change in

the constitution was stormy beyond all precedent. Grattan, who just one

month before (Oct. 28th) had that fierce vituperative contest with

Flood familiar to every school-boy, in its worst and most exaggerated

form, supported the proposal. The law officers of the crown,

Fitzgibbon, Yelverton, Scott, denounced it as an audacious attempt of

armed men to dictate to the House its own constitution. The cry of

privilege and prerogative was raised, and the measure was rejected by

157 to 77. Flood, weary in mind and body, retired to his home; the

Convention, which outsat the House, adjourned, amid the bitter

indignation of some, and the scarcely concealed relief of others. Two

days later they met and adopted a striking address to the throne, and

adjourned _sine die_. This was, in fact, the last important day of the

Volunteers as a political institution. An attempt a month later to

re-assemble the Convention was dexterously defeated by the President,

Lord Charlemont. The regular army was next session increased to 15,000

men; 20,000 pounds were voted to clothe and equip a rival force—"the

Militia"—and the Parliament, which had three times voted them its

thanks, now began to look with satisfaction on their rapid

disorganization and disbandment.

This, perhaps, is the fittest place to notice the few remaining years

of the public life of Henry Flood. After the session of 1785, in which

he had been outvoted on every motion he proposed, he retired from the

Irish Parliament, and allowed himself to be persuaded, at the age of

fifty-three, to enter the English. He was elected for Winchester, and

made his first essay on the new scene, on his favourite subject of

representative reform. But his health was undermined; he failed, except

on one or two occasions, to catch the ear of that fastidious assembly,

and the figure he made there somewhat disappointed his friends. He

returned to Kilkenny to die in 1791, bequeathing a large portion of his

fortune to Trinity College, to enrich its MS. library, and to found a

permanent professorship of the Irish language. "He was an oak of the

forest," said Grattan, "too old to be transplanted at fifty." "He was a

man," said one who also knew him well, Sir Jonah Barrington, "of

profound abilities, high manners, and great experience in the affairs

of Ireland. He had deep information, an extensive capacity, and a solid

judgment." In his own magnificent "Ode to Fame," he has pictured his

ideal of the Patriot-orator, who finds some consolation amid the

unequal struggle with the enemies of his country, foreign and domestic,

in a prophetic vision of his own renown. Unhappily, the works of this

great man come down to us in as fragmentary a state as those of

Chatham; but enough remains to enable us to class him amongst the

greatest masters of our speech, and, as far as the drawbacks allowed,

among the foremost statesmen of his country.

It is painful to be left in doubt, as we are, whether he was ever

reconciled to Grattan. The presumption, from the silence of their

cotemporaries, is, that they never met again as friends. But it is

consoling to remember that in his grave, the survivor rendered him that

tribute of justice which almost takes the undying sting out of the

philippic of 1783; it is well to know, also, that one of Grattan's

latest wishes, thirty years after the death of Flood, when he felt his

own last hours approaching, was, that it should be known that he "did

not speak the vile abuse reported in the Debates" in relation to his

illustrious rival. The best proof that what he did say was undeserved,

is that that rival's reputation for integrity and public spirit has

survived even his terrible onslaught.

A Popular History of Ireland : from the Earliest Period to the Emancipation of the Catholics — Complete · 第 9 / 20 章