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terms which had been gained by the latter might be considered as one of those giant strides in advance, which is made, from time to time, by the spirit of the age, and which antiquates all the legal formalities by which it could be constitutionally resisted. As long as human affairs continue to progress, these advances will be made good; and should they retrograde, as legal barriers had not prevented the people from incroaching upon the crown, so they could not prevent the crown from incroaching upon the people. These, or such considerations, indisposed many to accede to Mr. Flood's proposition for a renunciation, on the part of Eng land, of any assumed right to legislate for Ireland; but when the decision in the King's Bench in England, before adverted to, was made known, this indisposition, it must be acknowledged, rapidly disappeared, and his powerful and lucid reasoning produced an effect upon the public mind that equalled his most sanguine expectation :

"The repeal of a declaratory law," he said,* (unless it contains a renunciation of the principle,) is only a repeal of the declaration, and not of the legal principle. The principle remains in full force unless it be renounced. This is universally true, and it is strengthened in this case by this circumstance. Many acts have been made by the British parliament binding Ireland, some of them before the declaratory law of George the First. Now, whilst one of these remains, there is an exercise and a proof of the right, stronger, by much, than the declaratory law. A simple repeal, therefore, of the declaratory law, is no vindication of your legislature. But it is argued, that because, in your address, you declare that the British parliament had no such right, therefore the repeal, joined to this, will be equal to a renunciation by England. But what man in his senses can believe that our renunciation of the British claim can be equal to her own renunciation of it? Or that, in any controversy, an assertion of a party in his own favour, is equal to the admission of his antagonist? If Britain renounces it, no other power on earth can pretend to maintain it. But if all the rest of the world were to deny her preten

sions, yet as long as she maintains it, our rights are unvindicated, and our constitution is in danger. Will any man say, that if I ask a thing on a particular principle, that therefore, if I obtain it at all, it must follow that I obtain it on my own principle? There is no such inference in law, in logic, or in reason: it would only appear that the two parliaments had agreed in one point, that of the bare repeal; but it never would appear, without an express renunciation, that they agreed in the renunciation also; and we know the fact to be, that they do not agree with us in that principle. But, let us suppose that, after such a simple to put this argument to a decisive proof, repeal, at a future day the British parliament should revive the principle, and make a law for us; suppose that Ireland should remonstrate upon this; suppose she should read that paragraph of her address, and quote the British repeal of the declaratory law, and should argue from both that England had for ever renounced her claim, do you think that England would listen to such an inference, or that any reasoner in Europe would allow the force of your argument? Would she allow you to piece your address to her act of parliament? If you questioned her declaratory act, would not she question your declaratory address? Would she not appeal to the language held by her own members? Would she not appeal to words upon your own journals? Would she not appeal to the silence of her law of repeal, and to your acquiescence under that silence? Would she not say that that was, virtually, a national relinquishment of any idea of renunciation; so that the principle remained not only unrenounced, but the equity of it impliedly admitted by Ireland, at a moment when she was the ablest to contest it?

But I shall be asked, (though the repeal of the declaratory law should be simple and imperfect,) whether I think that England will ever revive the claim? I answer, I cannot be certain that she will, neither can I be certain that she will not; and I ask in return, whether any man will be surety that she will not; and if any man is weak enough to say that he will be so, I will tell him that this nation will not be weak enough to accept of his surety, for no mortal is ade

. 11th June, 1782.

quate security in such a case. I add, that England either has or has not a possible notion of such a renewal. If she has not, she will not quarrel about renouncing it; and if she has, the renunciation is absolutely necessary. I add, that if she does not renounce the claim, she may, certainly, revive it; but that if she does renounce it, she cannot certainly revive it. Yes, you will say, for she might even repeal an act of renunciation; and, to argue everything fairly, I will admit that in the utmost range of possibility, such an outrage is not unimaginable ;-but what do I infer? Not that I should be the more negligent, but that I ought to be the more careful;that it is my duty to make it impossible if I can; and that if I cannot do so, it is my duty to make it next to impossible. It is absurd to say, because I cannot make a thing physically impracticable, that therefore I should leave it morally easy; but it is good sense to say, that I will make a thing as difficult as I can, though I cannot make it as difficult as I would; and that if I cannot make a thing impossible, I will make it next to impossible."

In reply to Mr. Grattan's argument, that to contend as he did for the necessity of a renunciatory act, implied a state of legislative subordination in this country, and that even if Great Britain offered us a charter, to accept of it would be derogatory to our rights; he observed:

rallel renunciation by the British parliament have any tendency to legalize its usurpation? I will venture to say, that a renunciation of all right is the last method that the British parliament will think of taking by way of establishing her authority over Ireland. And why? Because it is the most effectual method on earth of defeating it. The sound of an English act of parliament ought not to frighten us out of the sense of it. If the sound of it could be destructive to us, an act of repeal would be as noxious as an act of renunciation; and if the sense of it can be salutary, it is by its being an act of renunciation."

faith of nations, on which Mr. Grattan He then proceeded to show that the was disposed to rely, was no sufficient security; that England herself evinced her sense of this, by not relying upon it in the case of Ireland; and that we

were not called on to treat her with more of ceremony than she treated us; that all our recent acquisitions were resisted as long as they could be resisted by her power; and, ultimately, extorted from her fears rather than conceded by her sense of justice.

"The honourable member," he proceeded to say, "brought forward, in the form of an address, an assertion of your exclusive legislature. A huge majority refused to affirm it. I brought it on again, by a resolution then simple, that you yourselves were the only representa"But the honourable gentleman tives of the people; a huge majority rewould not accept a great charter from fused to affirm it. These reiterated dethe British parliament, so jealous is he feats struck like thunder upon the hearts of its authority; nor would I, provided of the people; and in these decided and it contained an assertion of its legislature stupendous majorities they thought they over us, because that would be nominally saw the death of the constitution. A a great charter, but really a defeasance VOICE FROM AMERICA SHOUTED TO LIand a concealment of our constitution. BERTY. The echo of it caught your people Now this is impliedly the case, in an act as it passed across the Atlantic; and they merely and simply of repeal; but if it renewed the voice until it reverberated here. contained a renunciation of all such au- What followed? All the propositions thority, I would accept it, because then that had been separately reprobated, were it would indeed be a great charter. For now collectively adopted. The represenwhat was the great charter of our early tatives of the people articulated at length kings to their subjects? Was it not, in the sense of the constituents. The case fact, a renunciation of the usurpations of of Ireland, originally stated by the great those kings, and nothing more? It was Molyneaux, and burned at the revolution not a donation, but a mere recognition by the parliament of England, is not now of the rights of the subject; which re- afraid of the fire. It has risen from that cognition became necessary only in con- phoenix urn, and with the flames of its sequence of regal usurpations. Now, I cradle it illuminates our isle. What is ask, did those kings, or any other part of the result? It is now in your power, mankind, ever think that in renouncing and I trust it will be in your wisdom to those usurpations, they re-established do final justice to the rights and the inthem? No man was ever so frantic as terests of your country. For myself I to suppose it. How then could a pa- hope I have not been peculiarly wanting

to them. At an early period of my life, on a question of embargo, in consequence of a proclamation founded on an English act of parliament, I brought the criminal gazette within these walls, and at your bar I arraigned the delinquent. The house was alarmed, and I withdrew my motion on the proclamation being withdrawn. If you ask why I did not pursue it to a formal declaration of right? I answer, (for I wish to be answerable to you for every part of my life,) that the time was not ripe for it. The first spring of the constitution is the elective power of the people. Till that was reinforced, by limiting the duration of parliaments, nothing could be done. The people wanted constitutional privilege. Till the fabric of usupation, founded on the law of Poyning, had been shaken to its foundation, little could be done. The parliament wanted conscious dignity. Till the people were armed, the nation wanted military power. These were necessary antecedents. The public mind wanted much cultivation. The seed, too, was necessary to be sown; and if I have not been wanting to the preparation of the soil, may I not be permitted to watch over the harvest? To that harvest, too, as well as to every other, a prosperous season was necessary; and that season presented itself in the American war. When, therefore, in that season, and in the sunshine of his own abilities, the Rt. Hon. Gent. brought forward a declaration of rights in Lord Buckingham's government, after the administration had amended his proposition for the purpose of defeating it, I stepped forward, in office as I was, and at the hazard of that office, and rescued the principle from the disgrace of a postponement, or from the ruin of a rejection. In this session, too, I hope that my humble efforts have not been peculiarly wanting. In ability I will yield to many; in zeal, to none; and if I have not served the public cause more than many men, this at least I may say, I have sacrificed as much for it. Do you repent of that sacrifice, if I am asked? I answer, no. Who could repent of a sacrifice to truth and honour; to a country that he loves, and to a country that is grateful? Do you repent of it? No. But I should not rejoice in it, if it were only to be attended with a private deprivation, and not to be accompanied by all its gains to my country. I have a peculiar right, therefore, to be solicitous and ardent about the issue of it, and no man shall stop me in my progress.

"Were the voice with which I utter this, the last effort of an expiring nature; were the accent which conveys it to you the breath that was to waft me to that grave to which we all tend, and to which my footsteps rapidly accelerate, I would go on. I would make my exit by a loud demand of your rights. And I call upon the God of truth and liberty, who has so often favoured you, and who has of late looked down upon you with such a peculiar grace and glory of protection, to continue to you his inspirings; to crown you with the spirit of his completion; and to assist you against the errors of those that are honest, as well as against the machinations of all that are not so."

This is, surely, a splendid senatorial effort; and the concluding paragraph, as well as the allusion to America in the former part, rises to the sublime. The whole is conceived and executed in a style of the severest and the most But his motion, elevated grandeur. which was to refer the question of the validity of simple repeal to the judges, was rejected without a division. Grattan's star still maintained itself lord of the ascendant. The reasonings of Flood, however, rapidly propagated themselves through the country. The most eminent legal authorities assented to the correctness of his legal positions. The Volunteers caught the alarm. He was addressed by one body after another, until all Ireland seemed to be converted to his opinion; and "simple repeal" was scouted as utterly inadequate and delusive. It would be well for his fame if he was as temperate in not abusing as he was skilful and determined in gaining this victory.

But the armed association of the Volunteers was now the pride and the hope of Ireland. To the powerful

demonstration of national zeal and unanimity, made by this great body of military citizens, many ascribed the relinquishment of those principles of domination, which heretofore characterized the policy of England; and Flood fully succeeded in persuading them, that all that had been as yet accomplished, amounted to no more than a respite from tyranny, and that until the power of legislating for Ireland, both internally and externally, was expressly renounced, the nation must ever be exposed to a capricious invasion of its independence. When once suspicion has been excited in a

sanguine people, the quickness and violence of their resentment is fully proportioned to their generous credulity. Grattan now found that the tide of his popularity was rapidly upon the ebb; and as the reasonings of Flood, which were so logically conclusive, and by which so many others were convinced, were never regarded by him as any thing better than the cavilings of moody discontent, he exhibited, in dealing with the question, a peevish exasperation, which caused him to lose considerable ground with many of his former ardent admirers. In truth, he could no more be compared with Flood in discussing a principle, than Flood with him in diffusing a sentiment; and, as formerly he had the advantage in competing with Flood in his element, so now Flood had the advantage in contending with him upon his own. The crocodile had before caught the lion in the water, the lion now got the crocodile on dry land. Accordingly, his triumph was so complete, as to blot out every trace of previous humiliation. Addresses and congratulations continued to pour in upon him from all parts of the country, until the national determination was so fully manifested, that the minister could no longer resist it. He wisely judged that it would be highly impolitic to contend for the shadow after he had parted with the substance; and prudently resolved to anticipate any formal demand of the Irish House of Commons, by passing through the British legislature, early in the ensuing session, an act of renunciation.

Mr. Flood, in his reply to an ad. dress from the Connaught volunteers, used some words at which Mr. Grattan

took offence. A challenge ensued, and the parties were prevented meeting only by the interference of the civil powers. Both were men of the coolest and most determined courage; and it is to be feared, that had they met in the field, the consequences would have been fatal. Better was it, therefore, to have reserved the explosion of their mutual hate for the terrific wordy conflict which afterwards took place between them in the Irish parliament.

This occurred upon the 28th of October, 1783, upon occasion of a motion by Sir Harry Cavendish, recommending retrenchment. Flood

laboured under severe illness, and supported the views of the mover; at the same time adding some words which slightly modified his motion, as he conceived it did not go far enough. He did not utter a word at which any one should have taken offence. Grattan's speech in reply was an effusion of splenetic personal maliguity. He sneered at Flood's affectation of illness, taunted him by implication with apostacy, and openly upbraided him with inconsistency he was now recommending economy, whereas, he said, he was no enemy to profusion, when he accepted office in Lord Harcourt's administration. When he concluded, Flood rose, and said—

have no doubt of the propriety of my "The right honourable member can saying a word in reply to what he has delivered. Every member in the house can bear witness of the infirmity I mentioned, and, therefore, it required but little candour to make a nocturnal attack upon that infirmity. But I am not afraid of the right honourable member; I will meet him anywhere, or upon any ground, by night or by day. I would stand poorly in my own estimation, and in my country's opinion, if I did not stand far above him. I do not come here, dressed in a rich wardrobe of words to delude the people. I am not one who has promised, repeatedly, to bring in a bill of rights, yet does not bring in that bill, or permit any other person to do it. I am not one who threatened to impeach the Chief Justice of the King's Bench for acting under an English law, and afterwards shrunk from

that business. I am not the author of the simple repeal. I am not one who, after saying the parliament was a parliatheir voices subservient to my interest. ment of prostitutes, endeavoured to make

I am not one who would come at mid

I am

night, and attempt, by a vote of this house, to stifle the voice of the people, which my egregious folly had raised against me. I am not the gentleman who subsists upon your accounts. not the mendicant patriot who was bought by my country for a sum of money, and then sold my country for prompt payment. I am not the man who in this house loudly complained of an infringement made by England, in including Ireland in a bill, and then sent a certificate to Dungannon that Ireland was not included. I never was bought by the people, nor ever sold them. The gentleman says he never apostatized; but

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I say I never changed by principles; let every man say the same, and let the people then, if they can, believe them. But if it be so bad a thing to take an office in the state, how comes the gentleman connected with persons in office? They, I hope, are men of virtue; or how came the gentleman so closely connected with Colonel Fitzpatrick? I object to no man for being in office; a patriot in office is the more a patriot for being there. There was time when the glories of the great Duke of Marlborough shrunk and withered before those of the right honourable gentlemen when palaces superior to Blenheim were to be built for his reception when pyramids and pillars were to be raised, and adorned with emblems and inscriptions, sacred to his virtue; but the pillars and pyramids are now sunk, though then the great Earl of Chatham was held inferior to him; however, he is still so great, that the Queen of France, I dare say, will have song made on the name Grattan.

"Lord Harcourt practised economy; but what was the economy of the Duke of Portland? £100,000 was voted to raise 20,000 seamen, though it was well known that one-third of that number could not be raised. And what was the application of the money? It was applied to the raising of the execrated fencibles.

"It is said I supported Lord Harcourt's administration. It is true, but I never deserted my principles, but carried them into the cabinet with me. A gentleman, who now hears me, knows that I proposed to the Privy Council an Irish mutiny bill, and that not with a view of any parliamentary grant. I supported an absentee tax; and, while I was in office, registered my principles in the books of government; and the moment I could not influence the government to the advantage of the nation, I ceased to act with them. I acted for myself. I was the first who ever told them that an Irish mutiny bill must be granted. If this country is now satisfied, is it owing to that gentleman? No. The simple repeal, disapproved and scouted by all the lawyers in England and in Ireland, shews the contrary; and the only apology he can make, is, that he is no lawyer at all. A man of warm imagination, and brilliant fancy, will sometimes be dazzled with his own ideas, and may for a moment fall into error; but a man of sound head could not make so egregious a mistake; and a man of an honest heart would not persist in it after it was dis

covered.

I have now done, and give me leave to say, if the gentleman enters often into this kind of colloquy with me, he will not have much to boast of at the end of the session."

This was followed, on the part of Mr. Grattan, by the splendidly vituperative philippic, which, in our sketch of that distinguished man, we have in a former number, presented to the reader. Flood rose to reply a second time; but whether the state of his health would or would not have enabled him at that moment to proceed, the unanimous feeling of the house made it apparent that the business had gone far enough; and when he was on the point of giving utterance to the indignant feelings that possessed him, and had proudly vindicated his acceptance of office, by saying, that he "performed more service to the country, with the first office of the state at his back, than his honourable adversary with mendicancy behind him," the Speaker respectfully interposed, and put an end to further discussion, regretting that he had not before cut short an altercation between honourable members, inconsistent with the usages of parliament. It was, however, felt by every one, that Flood should have a further opportunity of vindicating his fame, from an attack which he certainly had not provoked, and which, from the intensity of its virulence, as well as its concatenated severity, bore so many marks of premeditation. Accordingly, on the Friday following, he was permitted to address the house, for the purpose of removing the aspersions which were cast upon him; and he did so in a strain of simple manly eloquence, of which we shall afford the reader an opportunity of judging for himself. We would feel that we had not dealt fairly by this great man, if, in this brief sketch of his life, we did not suffer him to make his own defence, against the most powerful attack that ever was made upon his political integrity. Having experienced some little interruption in the commencement of his speech, upon the ground that it was unparliamentary to refer to a former discussion, he thus proceeds :-

"I take this matter up. upon the ground of an interrupted debate; it is in that light it comes within order. I have

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