MR. W. W. GRENVILLE TO LORD TEMPLE.

Pall Mall, Jan. 7th, 1783.

My dear Brother,

Although I think there is every reason to hope that I shall be

able to send you by a messenger, either to-night or to-morrow

morning at furthest, the result of the Cabinet, which, after

having been postponed ever since Sunday, is at last to be held

this evening; yet, as I know by experience, that it may be again

deferred, I would not omit writing to you by post express upon a

subject which you will perhaps think trifling in itself. I went

this morning to Townshend, with your despatches of the 2nd

instant, upon which we had very little conversation, except his

assurances of bringing the business to an end this evening.

After that I turned the conversation to your Order, and read him

the names. To my utter astonishment, he started a doubt whether

my Lord Courtown _would take it_. To which I answered, that the

first names in the list having signified their consent,

undoubtedly it was not a thing to be offered where there was the

least chance of a refusal. He then said that he would take upon

him to sound Lord Courtown; and that, as he was his

brother-in-law, he would throw out to him that a thing of the

sort was in agitation; and that if Lord Courtown should like it,

he believed that _he, Townshend_, would have interest enough to

_procure it for him_. It was impossible for me to tell

Townshend, or even to give him to understand what nevertheless

certainly ought to have occurred to him, that it would but ill

answer your purpose, whatever it was, in recommending Lord

Courtown, that the merit of it should be ascribed to him.

I had nothing, therefore, left but to drop the conversation, and

to write to you, as I now do, immediately on my return home, to

suggest to you whether it would not be worth your while, without

affecting to know anything of this, to write to Lord Courtown to

offer it, and perhaps to Townshend, to make a great merit with

him of the recommendation of his brother-in-law, as the only

non-resident Knight. The sooner you send in the list and plan,

&c., &c., undoubtedly the better.

Your names appear to me all unexceptionable, except possibly

Lord Bechoe, who you know will give some trouble to the heralds

to make out whether his father, who was a grazier, ever had a

father of his own. But he is a man of great fortune, and a

steady friend of Government, and I should think might pass. Lord

Nugent's refusal leaves a vacancy. I own I should be inclined to

Lord Mountgarret as the senior Viscount, which would show that

it was not to be exclusively confined to Earls, at the same time

that no other person could pretend the same claims with so old a

peer, the senior Viscount, and the first man in rank of so great

a family. Besides, this might detach Butler, of the county

Kilkenny, from Flood; and it is surely a great object to cut him

off from all hopes of the county, as that would give him an

appearance of popularity, &c., &c. Unless you do something of

this sort, shall you not apprehend affronting the lower orders

of the peerage? If Lord Kinsale was not what he is, I should

wish for him on the same account, but that is impossible. Pray

consider the other well, for it strikes me as important.

I return you the Derry Papers. Townshend is to search his office

for their intercepted correspondence here, which I will send

you.

Bulkeley wrote me the enclosed, to which I returned an

ostensible answer, referring to you, but at the same time

distinguishing between a pension, and provision out of the

revenue for a revenue officer's widow.

Townshend sends you McLaughlin's petition and case. What does

Lord Beauchamp mean by his letter to the "Vol." about the King's

speech?

Pray desire Lady Temple not to forget Lord Nugent's velvet, or

he will be outrageous.

Believe me, ever yours,

W. W. G.

One good result had been attained by the perseverance with which Mr.

Grenville pursued his object with Ministers in reference to the

Renunciation Bill, and the consistency he observed in maintaining the

policy which he and Lord Temple knew to be essential to the security of

the British power in Ireland. If that policy was not carried out, Lord

Temple was relieved from all responsibility, and was prepared to

relinquish into other hands the confusion and disorder which he could

not obtain the means of ameliorating. As Mr. Grenville observes in the

following letter, he was "completely master of his own ground;" he had

clearly stated, and constantly urged his views of the only course that

could be followed with safety or credit; and if he failed in carrying

them into effect, the _onus_ would rest with the Administration. Happily

he did not fail. The Bill was shaped and passed; but the obstacles which

impeded it, and which are detailed in subsequent letters, rendered its

ultimate success doubtful up to the last moment.

Looking back, at this distance of time, upon the curious struggle which

took place in the Cabinet on this question, we cannot fail to be struck

by the immense disproportion between cause and effect exhibited in this

strange episode in the history of the Shelburne Administration. The full

recognition of the rights of Ireland had received the concurrent

sanction of the Legislatures of both kingdoms only a short time before.

No doubt whatever existed as to the intention of the repeal of the

Declaratory Law. The Volunteers, to whose energetic demonstrations that

healing measure was mainly attributable, were thoroughly satisfied, and,

instead of displaying their nationality in angry and defiant

resolutions, they adopted the language of congratulation and

enthusiastic allegiance to the Government. This felicitous state of

things was suddenly interrupted by one of those incidents which no

foresight could have anticipated, and which, absolutely trivial in

itself, was magnified at once, by the jealous spirit of patriotism, into

a violation of the solemn compact that had just been ratified on both

sides of the Channel. An Irish cause was brought into an English court

of justice, was heard in the ordinary way, like any other cause, without

reference to the competency of the tribunal before which it was tried,

and decided, as a matter of course, by Lord Mansfield. The remedy for

this contravention of the notorious settlement of the judicial

independence of Ireland was plain. The decision was waste paper: it

could not be carried into effect. The Irish might have rested satisfied

with the power which they possessed of nullifying and rejecting the

authority of the English Judge. But the delays of the Cabinet awakened

their suspicions, and they apprehended, not, perhaps, very unnaturally,

that if they suffered this single case of illegal interference to pass

without some decisive declaration on the part of the English

Legislature, it would be wrested into a precedent for further and still

more dangerous innovations. Mr. Grattan held this opinion also, but

trusted implicitly to the honour of the English Parliament for a measure

that should fully set at rest all uneasiness on the subject; while Lord

Temple was so impressed with the propriety of adopting such a measure

that he drew up the Bill of Renunciation, which, after much superfluous

discussion, ultimately passed into a law.

The case itself, however, lay in the narrowest compass, and admitted of

the simplest solution. The Irish cause which had occasioned all this

trouble, and menaced so seriously the tranquillity of the country, had

been entered for hearing _before_ the operation of the Repeal, but

delayed by some accident until a subsequent term. The reason why it was

not dismissed when it came before the court was, that the time had

elapsed for pleading against the competency of the court, pleadings

having already begun upon the matter of the suit. The parties could not

plead to the writ--to use the legal phraseology--because they had

already pleaded in chief. The only time when, according to the practice

of the court, the competency of the court could be objected to was when

the cause was entered; but at that time the objection did not exist, and

when the cause came on for hearing it was too late. Lord Mansfield took

the cause without any reference to the special circumstances attending

it, which he was not judicially called upon to notice. He acted strictly

on the practice of the court; and, although it was held by some of the

statesmen of the day that he ought to have taken a more enlarged view of

so peculiar a case, it was the opinion of Mr. Fox that he could not have

acted otherwise than he did. At all events, the case could never have

been drawn into a precedent. The real point for consideration, upon

which Mr. Fox--who had himself framed the Act of Repeal--entertained

some doubts, was whether the Repeal was sufficiently minute and

comprehensive in its scope, to extinguish the right of appeal in Irish

cases, by writs of error, to the King's Bench of Great Britain. But this

point was not raised, on its special merits, by Lord Mansfield's

decision, which involved nothing more than a technical question arising

out of the practice of the court. It was wise to allay the feverish

anxiety of the people, by removing any obscurity that hung over the

settlement of the separate judicature of Ireland; but, such being

clearly the intention of the Imperial Legislature, it is difficult to

understand why it should have entailed so much clamour and

misunderstanding.

Memoirs of the Courts and Cabinets of George the Third From the Original Family Documents, Volume 1 · 第 54 / 201 题