Mr. Fox opened the case for the sitting Member, and maintained that there

was no instance of undue influence, and he was followed by Mr. Boyd on the

part of the Provost. Then Mr. Plunkett spoke to evidence, against the

Provost and the sitting Member. The Recorder replied for the Provost in

very eulogistic terms, mentioning his seven Under-Graduate premiums, his

college reforms, improvements, &c. He disparaged the made-up arithmetical

evidence of Miller and Magee, and was followed by Mr. Chamberlaine for the

sitting Member. Mr. Burrowes closed the argument in a very eloquent

speech, which was as severe on the Provost as the "Lachrymae" or

"Pranceriana" was. It is noticeable, by the way, that Duigenan took no

part in the petitions, and that he was neither employed in the case nor

even named in the examination. Burrowes said that Miller's rejection of

the Provost's offer of his questions was "a moral miracle." It was

Miller's third attempt for fellowship.

Burrowes "lamented the necessity of the odious investigation which exposed

to public view the disgraceful and disastrous state of the

University--condoning the undue influence would make the college as

corrupt as any pot-walloping borough--the University would be shortly

depopulated, and its only remaining trace would be the octennial

convention of an unresisted Provost, and unresisting electors, to return

suitable representatives to Parliament, and celebrate the festival of

banished literature and vanquished public spirit. The decay of the

University in such an event, would be desirable; its honours ought to be a

brand of disgrace in society, and the contaminated Scholar ought to become

a despised and abandoned citizen." Burrowes was full of pride and loyalty

for the old place. He was himself an Ex-Scholar,[57] as were also amongst

the lawyers in the case Beresford Burston, Plunket, Smith, Fox, and Boyd;

and he was jealous for the honour of the Academic prize. "Some of the most

important officers in the state," he exclaimed, "are filled by men who

were Scholars of the University; in the learned professions the most

eminent men have in their youth been Scholars. The most respectable

divines, the most eminent lawyers, a considerable number of the Judges of

the land, have been Scholars. Every individual of the eight lawyers[58]

who appeared before this Committee have been Scholars of the

University."[59] Burrowes closed his speech:--"I sit down assured you

cannot pronounce the Honourable Francis Hely Hutchison to have been duly

elected." Forty-one witnesses were produced by the petitioners, of whom

ten were Fellows and thirteen Scholars. The Hutchisons produced six

witnesses--no Fellow, one Scholar, and a lady.

The Committee sat from the 14th February to the 24th March, when, by a

majority of one, including the double vote of the chairman, it resolved

(Wellington and Lord E. Fitzgerald voting in the minority) "That the Hon.

Francis Hely Hutchinson had made use of no undue influence; that he was

duly elected a burgess to represent the University in the present

Parliament; and that the Provost, as Returning Officer of the University,

acted legally and impartially at and before the election."

Perhaps the most significant fact evolved by the investigation was that

some of the Scholars were Catholics, the Statutes and the Anglican

Sacrament notwithstanding. There was no reserve in the statement, and no

remark on it was made by any member of Committee.[60] The point was not

brought forward in the petition, nor pressed by any of the Council, except

in the case of one Scholar, whose conformity was accepted by the

Committee. In fact the "Popery" seems to have been taken quite as an

understood thing,[61] and this coincides entirely with the famous

declaration of Fitzgibbon. In 1782, speaking on Gardiner's Bill, in the

Irish House of Commons, as Member for the University, he asserted that

"the University of Dublin was already open, by connivance, and that no

religious conformity was required." It is not easy to reconcile this with

the then existing regulations for students as well as for Scholars, and in

that debate the Provost did not speak exactly in this strain. On the

contrary, he lamented that the religious disabilities did exist, and he

was urgent for a King's Letter to give the Catholics equality in the

University, under a Theological Professor of their own.[62]

That debate, it may be noticed, is memorable for the cordial and

consenting speeches of the Provost and of the two Members for the

University, Hussey Burgh and Fitzgibbon. They all were in favour of

Catholic relief, especially in the matter of education, and they all would

have opened the College freely and liberally to Catholics. It was in this

debate that Hussey Burgh protested against the Irish Bishops' practice of

ordaining men on Scotch degrees. The Provost warmly thanked Burgh for

sustaining the right and the dignity of the University. He said that the

number of yearly degrees had risen from 95 to 109, and that Trinity

College Graduates could be supplied for as many curacies as had the legal

allowance of L50 a year.[63]

Plunket was very indignant at the miserable bribery and corruption that

were administered by the Provost, but he had not a word to say against the

deeper and wider corruption that was ingrained in the sectarian

exclusiveness of the constitution of the place. How could he say anything,

being himself in the same condemnation? He was the son of a Unitarian

minister;[64] and is said to have lived and died an Unitarian, and still

he was a Scholar of the House.

In 1790, a very able pamphlet, suggested by Provost Hutchison's despotic

_regime_, was published anonymously, entitled: "An Inquiry how far the

Provost of Trinity College, Dublin, is invested with a negative on the

proceedings of the Senior Fellows by the Charter and Statutes of the

College."

The pamphlet is traditionally ascribed to the Rev. G. Miller, F.T.C.D.,

who gave such important evidence before the parliamentary committee; and,

substantially, it is based upon the arbitrary acts of the Provost, which

were brought out before the committee, and which are more fully stated in

the "Lachrymae" and "Pranceriana."

The "Enquiry" asserts that the Provost claimed and exerted a negative upon

all Board proceedings; and that in the election of Fellows and Scholars he

had not only a negative but a final affirmative. The writer maintains that

this, although the traditional, was not the true sense of the Statutes;

and that by the Statutes the Provost had no greater power than the head of

any other Corporation. He argues very closely and clearly to this purpose

in regard of elections especially, from the grammatical meaning of "_una

cum_" and "_cum_;" and he shows that what the Statute requires is merely

the _presence_ of the Provost, and that then, like the rest, he is bound

by a majority decision. The writer is more subtle and less convincing in

his solution of the last clause of the statute beginning "_Quod si

primo_."[65]

Mr. Miller submitted a statement of the case for legal opinion, and

obtained opinions supporting his own view from Sir William Scott (Lord

Stowel), Sir Michael Smith, (Baron of the Exchequer and Master of the

Rolls), Edward Law (Lord Ellenborough), Arthur Wolfe (Lord Kilwarden, Lord

Chief Justice), and others.

The three questions were: (1) Had the Provost an absolute negative on

Board Proceedings? (2) Was he concluded by the concurring votes of five

Senior Fellows? (3) Could he nominate Fellows and Scholars to the

exclusion of a candidate by a majority of the electors?

The first and third were answered in the negative; and the second in the

affirmative by all the lawyers.[66]

While all these people were amusing themselves anatomising the Provost, he

was not by any means silent on his own side. Besides his speeches in

Parliament and his utterances at the Privy Council and at the Board, he

had recourse to the public press. He sent a vindication of himself to the

_Hibernian Journal_, which Duigenan says was the beginning of all the

writing. The Provost also published by Leathley, Bookseller to the

University, a pamphlet entitled, "Regulations made in Trinity College

since the appointment of the Provost," and "Pranceriana" says that the

unlucky pamphlet was withdrawn promptly after the attack made upon it in

the _Hibernian_. It was for this attack that the Provost had the editor of

the journal, Mr. James Mills, ducked under the College pump. This

smashing article is No. 27 in the "Pranceriana Collection," and it

certainly is a notable piece of criticism. It was attributed to the pen of

Malone, the editor of "Shakespeare." It is, perhaps, worth mentioning

here, that as the College Library was without a copy of the Provost's book

until the year 1853, so it was without a copy of "Pranceriana" until the

year 1880. _Trinitas incuriosa suorum!_ The copy of the "Pranceriana" in

the Library is the Second Edition, 1784, with the Appendix of 1776.

All the foregoing testimonies are damaging to the Provost's memory; but it

is only fair to remember that all of them are the utterances of men who

were his envious and unscrupulous personal enemies. In some respects John

Hely Hutchinson was bad enough, but the most abiding charge against him is

that of greediness and place-traffic; and in this transgression it is

probable that he only sinned more deeply than most of the public men

around him. He certainly was audacious in his demands, but he was a king

in jobbery. What Duigenan does not at all account for is, how Hutchinson

was able to drive all these flourishing bargains, and to hold such high

place under various administrations and in the teeth of combining

rivalries--and still this is a circumstance that ought, biographically, to

be accounted for. The etiology is supplied in other contemporary sources,

written in a more discerning spirit--and it is this, that the Provost was

a man of immense ability, and of rare personal ascendency. He possessed,

moreover, in a signal degree, the undaunted personal courage which, as

mentioned further on,[67] was inherited by his sons and grandson; although

Duigenan, who was himself very much of the Bob Acre type, refuses him even

this credit, and mocks his sham duels.[68] He knew how to make himself

both dreaded and desired by the Government, for he could be either its

greatest help or its most formidable opponent. He knew the men he had to

deal with, and he dealt with them according to the knowledge.

We have descriptions of the Provost in many contemporary works, and these

descriptions, while they make no secret of his rapacity, present a strong

reverse side to the "Pranceriana" picture.[69]

Thus Hardy[70] says: "John Hely Hutchinson, father to the Earl of

Donoughmore and Lord Hutchinson, introduced a classical idiom into the

House of Commons. No member was ever more extolled than he was on his

first appearance there. He opposed Government on almost every question,

but his opposition was of no long continuance. As an orator his expression

was fluent, easy, and lively; his wit fertile and abundant; his invective

admirable, not so much from any particular energy of temperament or

diction, as from being always unclogged with anything superfluous, or

which could at all diminish the justness and brilliancy of its colouring.

It ran along with the feelings of the House and never went beyond them....

The consequence of this assumed calmness was that he never was stopped....

The members for a long time remembered his satire, and the objects of it

seldom forgave it.... In his personal contests with Mr. Flood (and in the

more early part of their parliamentary careers they were engaged in many)

he is supposed to have had the advantage.... To Flood's anger, Hutchinson

opposed the powers of ridicule; to his strength he opposed refinement; to

the weight of his oratory an easy, flexible ingenuity, nice

discrimination, and graceful appeal to the passions. As the debate ran

high, Flood's eloquence alternately displayed austere reasoning and

tempestuous reproof; its colours were chaste but gloomy; Hutchinson's, on

the contrary, were of 'those which April wears,' bright, various, and

transitory; but it was a vernal evening after a storm, and he was esteemed

the most successful because he was the most pleasing.... Mr. Gerrard

Hamilton (than whom a better judge of public speaking has seldom been

seen) observed that in his support of Government Hutchinson had always

something to say which gratified the House. 'He can go out in all

weathers, and as a debater is therefore inestimable.' He had attended much

to the stage, and in his younger days he lived on great habits of intimacy

with Quin, who admired his talents and improved his elocution.... He never

recommended a bad measure, nor appeared a champion for British interest in

preference to that of his own country. He was not awed into silence; he

supported the Octennial Bill, the Free Trade Bill, and the Catholic

Bill.... His acceptance of the Provostship of Trinity College was an

unwise step.... After a long enjoyment of parliamentary fame it was then

said that he was no speaker, and after the most lucrative practice at the

Bar that he was no lawyer.... His country thought far otherwise, and his

reputation as a man of genius, and an active, well-informed statesman,

remained undiminished to the last. He left the opposition in 1760, and

took the Prime Serjeancy.... In private life he was amiable, and in the

several duties of father and husband most exemplary. In 1789, on the

debate about the Prince of Wales's regency, Grattan opposing the

administration was supported with great ability by Hutchinson, then

Secretary of State. In the Lords, Lord Donoughmore took the same side. In

1792, in the debate on Langrishe's Bill for the restoration of the

elective franchise to Irish Catholics, Hutchinson's two sons (Francis

[?], afterwards Lord Donoughmore, and the one afterwards Lord Hutchinson)

voted in the minority with the patriots."

The _Gentleman's Magazine_ (1794) says that he was a wondrously gifted man

and one of the most remarkable persons that this country ever produced. At

the same time it calls him a rank courtier, and recites most of the

"Pranceriana" and "Lachrymae" tattle against him.

Grattan and Grattan's son held a very high opinion both of his genius and

of his fidelity to the interests of Ireland. Both of the Grattans, on the

other hand, had a horror of Duigenan, as a truculent and coarse vulgarian.

It is in Grattan's "Life" that we are told about Duigenan's threatening in

the Law Courts to "bulge the Provost's eye," and it is there that Curran's

epigram on Duigenan's oratory is preserved.[71]

Grattan says that Hutchinson supported every honest measure--all the main

and essential ones, such as the Claim of Right, Free Trade, the Catholic

Bills, Reform, and the Pension Bill. "_He was the servant of many

governments, but he was an Irishman notwithstanding._" He possessed

greater power of satire than any man of his day, and Grattan quotes Horace

Walpole's anecdote about his habit of annoying Rigby and the Government

when he wanted to make himself disagreeable to them. At other times he was

immensely useful to the Government. Grattan considered that his chief

fault was want of openness and directness of character, together with love

of self-advancement. He was an enthusiastic admirer of Grattan, and took a

prominent part in demanding for him the national presentation in 1782.

Taylor[72] says that Hutchinson was a very effective Provost, that he

restored the discipline of the place, and that to him the University owes

the improvement of the modern languages professorships. Taylor adds that

he was a man of an enlightened mind and extended views, and that it is

now admitted his views were consonant with the best principles of

education.

Lord North knew Hutchinson's peculiarity well, and he said that "if

England and Ireland were given to him he would want the Isle of Man for a

potato garden." The Duke of Rutland, Lord Lieutenant here in 1784, formed

a similar estimate, when he wrote that "the Provost had always some object

in view, and that his objects were not generally marked with the character

of moderation and humility."[73]

Dr. Wills[74] gives Provost Hely Hutchinson a very high place amongst the

eminent men of the country, and mentions his eloquence and college reforms

as well as his greed.

Even Mr. Froude,[75] who vastly dislikes himself and his sons, is

constrained to call him the "able and brilliant Hely Hutchinson," and to

tell of his "meridian splendour." He quotes Lord Lieutenant Townshend's

statement that he was "the most popular man in parliament to conduct a

debate."

The famous Colonel Isaac Barre,[76] who, as he got Scholarship in 1744,

was a college class-fellow of Hutchinson, gives the following description

of him in 1768:--"When the Army Augmentation Bill was introduced by Tom

Connoly, it was opposed by Sexten Pery on constitutional grounds, and by

the Attorney General (Tisdall) on grounds that left him free to support

the Bill afterwards if it were his interest to do so.[77]

"The Prime Serjeant (Hutchinson)" says Barre "was not so prudent[78] (as

Tisdall), and opposed it in a long, languid speech, full of false

calculations; among the rest this curious one, that adding L40,000 per

annum to the national expense was, in fact, adding a million to its debt,

and that the nation, in the next session, would be L1,800,000 in debt. If

all this is true, how will he have the impudence to support this measure

hereafter? But, indeed, he has contradicted himself three or four times in

the course of this session upon this subject.[79] He talks now of being

dismissed. His profit by his employment is trifling, not above three or

four hundred a year.[80]

"He is personally disliked, a mean gambler--not one great point in

him--and exceedingly unpopular in this country. I must tell you a short

anecdote which put him very much out of temper. The day after the first

division he came to Council in a hackney chair, which happened,

unluckily, to be No. 108 (the number of the majority). A young officer at

the Castle wrote under the number of the chair, "COURT" in large

characters, and at the top a coronet was drawn.[81]

"He denied positively in the beginning of his speech, any bargain or terms

proposed by him at the Castle, but was not believed.... As far as I am

able to judge," continues Barre, "this country is manageable easily

enough. The prevailing faction exists only by your want of system in

England. They have no abilities, and their present and only friend,

Hutchinson (for Tisdall is quite broken), cannot be depended on for a

moment."

In the last volume (vol. viii.) of the "Historical Manuscripts Report" we

find some very interesting mentions of Hutchinson in the letters that

passed between "Single Speech" Hamilton and Edmund Sexten Pery. Both of

these eminent men entertained a high opinion of, and a sincere personal

regard for, the Provost. In 1771, Hamilton, who was Chancellor of the

Irish Exchequer, and had been Chief Secretary to two Lord Lieutenants

(Lords Halifax and Northumberland) wrote to Pery, the Speaker[82] of the

House:--"As long as you and Andrews and Hutchinson are in being and

business, Ireland will never want attractions sufficient to make me prefer

it to a situation of 'more splendour and greater influence.'"

Two years later, Hamilton wrote to Pery about the collapse of the

negotiations for his resigning the Exchequer Chancellorship in

Hutchinson's favour, and begged that Hutchinson would not again require

him to sacrifice his own solid and substantial interests. Another letter,

dated 1779, says that Flood was eagerly canvassing for the post, and that

Hutchinson was discontented. The Chancellorship was not given to either of

the rivals--it was given to Foster, who was afterwards Speaker; and

Hutchinson accordingly failed to score a second triumph over "the

generous-minded, ornamental, sonorous-voiced Henry Flood, who was

eclipsing his meridian splendour."[83]

In 1777 the Corporation of Dublin petitioned the Provost and Board for a

free education for the son of the deceased patriot, Dr. Lucas. The College

authorities responded in a literal spirit, and generously granted to the

lad not only a remission of fees, but free rooms and free commons as

well.[84]

In 1779, were published the "Commercial Restraints," which in its original

shape was, a contribution to Lord Lieutenant Buckinghamshire as to the

best method of extricating the country from its discontent and troubles.

Froude says (vol. ii., p. 223), that it was the most important of all the

opinions gathered by the Viceroy, and that it earned Hutchinson's pardon

from Irish patriotism for his subserviency to the Court and Lord

Townshend. The work is an extremely able review of the whole history and

condition of our native Irish trade and industries, and it is as loyal in

its nationality as it is able. It is the only specimen we have to show us

the Provost as a writer and as an economist, and it certainly secures him

a high place in these two estimates.

In this aspect the work possesses a great biographical value, inasmuch as

it serves to complete the likeness of the Provost, and the complement

which it supplies falls in line with the best features of the original.

Although his sentences are often slovenly and sometimes ungrammatical, he

could write forcibly and clearly, as well as speak persuasively and

rhetorically; he could make facts and figures deliver their lesson; he

could summon up the ghost of the past to illustrate and enforce the duties

of the present; he could enwrap a message of peace in a mantle of warning;

and when no selfish interest intervened he could fling his sword into the

scale that was freighted with his country's welfare.

During Hutchinson's Provostship His Excellency the Lord Lieutenant, Lord

Buckinghamshire, went in state to the University, and was received at the

entrance of the Old Hall by the Provost and Fellows. At his entrance, Dr.

Kearney made an eloquent oration; at the printing office, where H. E. was

entertained with a view of the artists, another oration was delivered by

Mr. Hutchinson, youngest (?) son of the Provost; at the Anatomy and

Philosophical Rooms addresses were delivered by the Hon. Dr. Decourcy, son

of Lord Kinsale, and the Hon. Mr. Jones, son of Lord Ranelagh. Thence he

went to the Library, where an excellent oration was made by Dr. Leland,

the Librarian, Orator, and Professor. H. E. afterwards dined in the New

Hall with the Provost and Fellows, and numbers of the nobility and

gentry. The elegance of the entertainment cannot be described, and is

imagined to stand the College in no less than L700.[85]

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