Pall Mall, Saturday, Nov. 30th, 1782.
My Dear Brother,
I have just been with Townshend, who sent for me on the subject
of a despatch from you, relating to the proceedings in the
King's Bench here, on an Irish cause.
I have seen Troward, the attorney concerned in the cause, and
from him have learnt, what you probably know by this time, that
the case has been argued here, and the judgment of the Court in
Ireland affirmed; so that nothing can be done in it here,
especially as the Term has been over these two days. It is
impossible not to see the use which will be made in Ireland of
this unlucky business. You say nothing in your letter to
Townshend of the Protest, nor have I heard a word on that or any
other subject from Ireland since I have been here. But I much
fear that the alarm among the Bar, upon a point which affects
their private interests as well as their national pride, will
have prevented, or in great measure impeded its being signed.
The only grounds that you can take, as far at least as I can
see, are those which I have desired Townshend to insert in his
answer. The Bill of Exceptions was certified from an Irish
Court. It has been depending eighteen months. The objection to
the jurisdiction was never started. The King's Bench in Ireland
either has been applied to or will be so next Term, to grant a
writ of possession on the affirmance of the English Court. This
will of course be denied them, and the whole English proceeding
treated as waste paper. No Judge will allow--no sheriff will
execute, any English process. No man will again be so absurd as
to subject himself to a considerable expense to obtain a
judgment of no more effect than the decisions of a Prussian
court-martial would be as to a question of property here.
Still, however, I am far from being insensible to the clamour
which will be raised, and to the advantage which will be taken
of the opinion of the Court here, that their jurisdiction still
remains, notwithstanding the Irish Act to the contrary. Possibly
you may find it necessary to hold out some solution; and perhaps
you will think the opportunity is not a bad one to cut the
ground still more decisively from under Mr. Flood's feet than
even by the proposed resolutions. What I mean is, the passing a
bill here which should in the preamble declare the repeal to
have been a renunciation of the rights formerly exercised by
this kingdom over Ireland, and should enact that _therefore_ for
the future, no writ of error, &c., &c., should be received,
signed or determined in any of the King's Courts of Justice in
this country. If this idea should please you, it might be done
immediately, and you might settle the words with Yelverton or
Burgh.
If you think this too like a concession, you might hold out the
idea of an Act to be passed in Ireland, inflicting the penalties
of a _præmunire_ against any persons seeking justice out of the
kingdom; in imitation of the old statutes against ecclesiastics
applying to the papal authority.
Lord Shelburne threw out to me the other day, but when I could
not ask him any more upon the subject, the idea of a paragraph
about Ireland in the King's Speech. I have writ to Townshend
to-day, to desire that if this idea is pursued, he will let me
see it before the words are finally determined upon. I think
such a paragraph may have a good effect; because, when re-echoed
in the addresses, it will include the three branches.
I am waiting with the most anxious expectation the decision of
the great question--peace or war? Reports are hourly circulated
on both sides, but nothing is known from any authority. I need
not say, that the moment it is known, I will send it off.
I know no more of the East India business than you will see in
the papers. I was so intent on this, that I forgot to ask
Townshend to-day about it.
I shall most probably be with you before you can answer this, as
the 5th is the day for the meeting. But if they should again
prorogue the Parliament, and wish me to stay, supposing the
point not decided, what shall I do?
Ever most affectionately yours,
W. W. G.
Townshend and Conway have both been plaguing me about Murray,
who wanted to raise a corps in the North. It seems he is an
Irishman, with considerable connexions in the North. Talbot's
inspection makes a figure in the papers.