The Connexion between the Kingdom of Ireland and the Crown of England ... With an appendix of the Privy Council correspondence during ... 1811, 1812, 1816, 1817

Appendix

OF THE PEIVY COUNCIL COEEESPONDENCE, DCTtLNG GREAT PART OF THE TEARS 1811, 1812, 1816, 1817. DUBLIN: PUBLISHED BY JAMES DUFFY, 23, ANGLESEA-STREET. 1845. JSf&tratiotT. TO THE PEOPLE OP ENGLAND, WHO LOVE JUSTICE ; AND THE PEOPLE OF IEELAND, WHO LONG FOR IT ; Œjfiite Mmk i# lin^cnM, IY ONE WHO KNOWS NO DISTINCTION BETWEEN THE DESCENDANTS OF CELTS AND SAXONS, AND SPUENS AT ALL PEETENSIONS TO POLITICAL PRE-EMINENCE ON THE PART OP EITHER.

ADVERTISEMENT.

. The following Essay was printed at the request of the Committee of the Repeal Association ; but they are in no way responsible for its facts or opinions. Besides such a review of the political history, the state, and the prospects of Ireland, as might be looked for in a National Argument, it contains a Notice of the Great Revolution of Portugal, compiled, with no little care, from scarce Peninsular authorities ; and The Minutes of the Privy Council Correspondence, during 1811, 1812, 1816, 1817, printed from the original books in the Castle. Of the value of these Minutes, as giving the Secret History of the Irish Government after the Union, no proof need be offered. CONTENTS. Page.

Chapter I

The early connexion with England -Misrule of the latter in Ireland, illustrated by the History of the Union of the kingdom of Portugal with the Crown of Castile --...-.-1

Chapter II

Spanish domination and despotism in Portugal - - - - 5 CHAPTER HI. The Spanish Government's systematic efforts to denationalize the Portuguese While Spain was weak her oppression was mitigated, when prosperous, invariably rendered more severe All her compacts with the Portuguese violated The Spanish minister Alivarez, and [Secretary of State in Portugal, Vasconcellos, prototypes of Pitt and Castlereagh The iron rule of the three Philips in Portugal nearly as bad as that of the three Georges in Ireland, but not quite so murderous as that of Elizabeth and Cromwell ----.....13

Chapter IV

Original compact the foundation of the connexion between the two kingdoms Violation of it. — The rage for imperial aggrandizement and the lust of domination exemplified in its effects in other countries - - 20

Chapter V

The state of Ireland in 1172. — Henry H.'s acquisition of Ireland Treaty with the kings and chiefs at the Council of Lismore. — Establishment of Parliaments confirmed by his successors Early violation of the compact. — The PALE system. — Limits of English authority down to the reign of James I Allegiance for the first time began to be really acknowledged in the latter reign Continued to the Stuart dynasty - - - -24

Chapter VI

Nature of the dominion gained in Ireland by Henry II. and his successors. — Opinions of celebrated Jurists on the state of independence of nations in partial subjection to others. — Nature of the provincial govern ments of ancient Rome - - - - - - -31 CONTENTS. u. Page.

Chapter VII

Suppressions of Rebellions at various times, not the conquest of a kingdom Question of the rights given by conquest, and the indefeasible rights acquired by the law of nature and of nations.— Great lawyers bad arbiters of public liberty ----- - 37

Chapter VIII

Right of Ireland to the laws and institutions of England. — Early parliaments in Ireland Historical notice thereof - - - - 42

Chapter IX

Attempts to disparage the character of these early parliaments, by Sir John Davies, in his speech before the Lord Deputy. — His account of their constitution - - - - - - - -48

Chapter X

The claim of legislating for Ireland in English parliaments set up at an early period. — Account of the progress of that usurped power; of the resistance to it in various reigns - - - - - - -59

CHAPTER XL

Resume of the history of British misrule in Ireland The course of extermination, confiscation and bloodshed of 600 years' endurance. — The temporary interruption of the career of rampant rapacity and injustice, in 1782 69

Chapter XII

Spanish domination in Portugal brought to an end. — Revolution of 1640 ; its results Consequences of the despotism and arrogance of Provincial rule 81 CHAPTER XHI. Events of 1782 Volunteers Restoration of Irish independence — In sufficient securities obtained - - - - - - - 98

Chapter XIV

Dungannon and Dublin" Conventions Commercial Propositions of 1785. — Regency question of 1789 - - - - - - 105

Chapter XV

Relaxations of Penal Code "of 1782 and 1793 Question of Reform of 1791 merged into one of Revolution. — Whole tenor of Pitt's Irish policy from 1785 to 1800 to bewilder and break down" pubbc opinion and national spirit, and to degrade the. parliament in the minds of the people - - 110

Chapter XVI

Policy, expense, and results of fomenting and exploding the Rebellion of 1798 - - " - .113

Chapter XVII

Project of a Union introduced into the Irish Parliament, in 1799 . CONTENTS. 111.

Chapter XVIII

Project of a Union discussed in 1800 — Measures taken for effecting it Employment of force, fraud, and corruption Of military violence to prevent County Meetings, regularly convened to petition against it - 123

CHAPTER XLX.

The Union carried Incompetency of parliament to vote its own extinction. — Night of its dissolution. — Curran's appearance on the steps of the House of Commons His observations respecting that measure - - 133

Chapter XX

Effects of the Union Consequences of Provincialism illustrated by Lord Lyndhurst in his declaration of Irish Alienism Origin of the Alien doctrine Practical demonstration of the working of the Union in the financial management of Ireland - - - - - -137

Chapter XXI

Effects of the Union shown in the state of representation - - 143

Chapter XXII

Various acts of post-Union injustice. — Extracts from the speech of Mr. W. S. O'Brien in the House of Commons, 4th July, 1843 - - - 147

Chapter XXIII

Nature of the just claim of the people of Ireland to an independent parliament ; of the guarantees to be required for its security ; of financial and commercial arrangements to be entered into with England ; of external matters claimed for imperial legislation. — The evils of 1782 to be avoided Parliament of Ireland to be re-constructed, on Reform principles Eventual necessity of a strong infusion of democratic influence in the Irish constitution, to resist parliamentary corruption, and the predominant power of Engbsh interests Federalism, as described by Mr. O'Connell, and ex pounded by Mr. Sharman Crawford — Serious objections to Mr. Crawford's plan 156 CHAPTER XXTV. The old policy of divide et impera once more at work in Ireland, to be guarded against by the Roman Catholic heirarchy, clergy, and the leaders of the Irish people. — A few words at parting to the young men of Ireland 167

APPENDIX.

. Return of the names of Lords Lieutenants, Lords Justices, and Chief Secretaries for Ireland, 1801—1821 179 Privy Council Correspondence, January to June, 1811 - - - 181 Privy Council Correspondence, July to December, 1812 - 261 Memorial of Daniel and Stephen Egan, 1816 ... - 311 Counter-Memorial of the Rev. John Hamilton, 1816 ... 315 Statement from the Rev. John Hamilton, accompanying his Memorial - TEEMS OF CONNEXION Ol THE KINGDOM OF IRELAND WITH THE CROWN OF ENGLAND.

Chapter I

In the notice of the Committee appointed by the Repeal Associa tion to carry into effect its objects, with respect to the proposed Essays on the Legislative Union, to be submitted for adjudication to its members, it is suggested that candidates should illustrate the question " by examples taken from the history of existing institutions of other countries, and in particular that they should examine how far the constitution of Norway, and its connexion with Sweden, may serve as a model for the new constitution of Ireland." The suggestions of the committee not being obligatory, and the avowed object of the association being to obtain the best argument that can be adduced in support of the Repeal of the act of Union, the writer treats the subject according to his views of the best mode of dealing with it.

It is not, he thinks, sufficient to refer to the existing relation of countries connected like Norway and Sweden for an iUustration of the subject. Nor is it meeting that subject in all its aspects to confine our regards to the advan tages of repeal, or the disadvantages of a legislative union. It is right at the threshold of this inquiry, to state distinctly, and in terms that cannot be mistaken, or misinterpreted, the sense in which the author uses the words, "a distinct kingdom," — "an independent nation," and " separate institutions." Ireland was a distinct and separate nation from England, during B the period of Henry II.'s dominion, and after his donation of the sovereignty of the newly-acquired country to his son John, till the latter came to the English throne, when in his person the sovereignty of England and Ireland was united.

Ireland, then, ceased to be a kingdom separate from the British crown, but continued to be a distinct nation, as the title of British sovereigns to this day plainly shows. A country that is self-governed is an independent nation, inasmuch as it makes its own laws, and in its enjoyment of that privilege, possesses the inalienable right of freedom which God gave it, and man cannot justly take away from any nation, — the right of retaining the institution by which its laws were enacted, its people represented and protected, and its executive invested with authority to govern the state in the king's name for one sole end and aim, the good of the people of whose welfare he is presumed to be the supreme guardian. Such an institution must be pure and independent, or it is no better than a packed jury, that is, " a delusion, a mockery, and a snare."

A country that has a legislature in which the people are represented, may be, therefore, truly called an independent nation. Should the independence of that parhament be taken away, or the institution itself be destroyed, the corruption or abolition of it ultimately involves every separate institution of the country in ruin — each becomes, what a particular one has been termed, in the emphatic words of the British Aristides — "A delusion, a mockery, and a snare." Ireland remains a distinct country, though robbed of its national independence, united to the British crown, but still entitled, by the original terms of the connexion, to all the laws and institutions of England. It will not do to regard the original terms of that connexion with the contempt which is usually felt or affected, in treating of this subject.

They must be recurred to and looked in the face boldly, calmly, honestly, and steadily ; and if the subject is to be illustrated at all, it must be by the apphcation to it of historical knowledge and experience of such analogous circumstances as bear upon it. We must seek in the history of foreign nations, moreover, for an example of an union, achieved by violence, corruption, and unjust means — that was a calamity so long as it existed— that led to misgovernment and oppression— that engendered fierce hatred on the part of the province deprived of its nationality, and intolerable arrogance on the part of the imperial power. And by way of warning, we must seek in this example for the evil consequences of violated justice, of outraged pride, of abused patience ; and when we find elsewhere that the issue of a connexion, that was not based on justice, was separation, we are then in a condition, and necessitated, to inquire what means are best calculated to prevent such a result in our own case, and whether another form of connexion is not compatible with the interests and the honour of both countries.

The history of Portugal, at the close of the sixteenth century, affords the iUustrations I have referred to, of unjust domination and its pernicious consequences — oppression, disaffection, rapacity in rulers, enmity to imperial interests — arrogance, hatred, ever smouldering or kindling into rebelhon on every opportunity afforded to the injured nation, by the weakness or occupied atten tion of its oppressor. The union of Spain and Portugal is an historical fact, not sufficiently weU known except through its effects, and those are comprised in an event which took place in 1640, the dissolution of the union of those twTo countries. AYhen I say little known, I mean known only to those who are familiar with the histories of Spain and Portugal in their original languages. The chief knowledge of the subject that existed in English literature, previously to the appearance of the translated history of that revolution by the abbe Vertot, was from a work translated from the Italian, published in 1600, and edited by Edward Blount, entitled " The History of the Uniting of the Kingdom of Portugal to the Crown of Portugal." * The original work was written by Conestaggio, a Genovese historian, in 1585.

It is evidently so biassed in favor of the union which had been but recently effected when he wrote, that one is induced to believe the work was one of the many that were written at that period by the orders of the Spanish sovereign in support of his measures, as similar works had been written at various times in support of another union, by order of the British government, when the question of uniting the kingdoms of Great Britain and Ireland was under consideration. Philip II. effected his union by the joint and co-existent in- * The editor has suppressed the name of the author of the original work, and has taken great liberties with the text. strumentality of the sword and the pen. He employed Spanish jurists of great eminence to write down Lusitanian independence, and to write up the legahty and convenience of a union of the kingdoms of Portugal and CastiUe.

In one of those ingenious productions, the frontispiece represents a sword and a pen crossed ; it must be admitted the emblem is happily conceived. The first and most laboured of those productions was published previous to the union, and was entitled " Responsum de successione Regni Portugalliœ, pro augustissimo Phillipo 2do." The author was a jurist of great distinction, "Francis Alvarez Ribeira," regent of the supreme Itahan senate. If a purse of gold had been introduced in the back ground, a very pretty device might be furnished for some future edition of " An essay towards an union of Ireland with Great Britain," in 1703 ; or, " The short and easy method of reducing the exorbitant pride of Dublin," by Anti-Constitution in 1748 ; or, " A proposal for uniting the two kingdoms," in 1751 ; or, " A union of England and Ireland proved to be practicable," by John Williams in 1787 ; or, " A barrister's observations on Poyning's act," in 1770 ; or, Mr. Charles Sheridan's " Review of the great national question relative to a declaration of rights," in 1781 ; or, " Utility of a union con sidered," by a friend to the countries, in 1788 ; or, " Thoughts on a union," by Joshua Spencer, in 1798 ; or, " An argument for and against an union," by Mr. Edward Cooke, in 1799 ; or, " Memoirs of the union between England and Scotland," by Lockart, reprinted by government, in Dublin, in 1799 ; or, " Extracts from Defoe's history of the union," reprinted in Dublin, by government, in 1799 ; or, " A letter to H. Grattan, Esq., in favor of union," by WiHiam Smith, in 1800 ; or, any extracts from any of the above, by Mr. Montgomery Martin, in 1844.

The Spanish government followed up the labours of its mercenary scribes, by the services of its secret agents, in sowing discontent, jealousies, animosities ; in dividing and be wildering the people of Portugal before its army was let loose on the devoted country to effect an union, and make an independent country a provincial appendage to the Spanish crown. The British government fomented a rebellion in Ireland for a similar purpose and with similar success.

Chapter II

The union of the crowns of Portugal and Castille, was founded on a claim of Philip II. to the former, as the next of kin in the male line to the deceased sovereign of Portugal, the Cardinal King, Henry, successor of Dom Sebastian, wTho was slaiu in battle, in Mauritania, in 1578. The rightful heir to the crown was the Duchess of Braganza, daughter to the Infante, Dom Edward, brother of the Spanish Queen IsabeUa, both the cliildren of the Portuguese sovereign Dom Manuel. Philip II. was the son of the same IsabeUa, consequently the Duchess of Braganza was nearest of kin in the male line to Dom Manuel. There were various other claimants, all of whose pretensions were set aside, before Philip asserted his with the sword, with the exception of those of Dom Antonio, Prior of Crato, an illegitimate son of one of Dom Manuel's children.

Portugal had been an independent country from time im memorial, to the Roman subjugation. Ancient Lusitania, the " Hispania Ulterior" of the Romans, consisted of various in dependent tribes, of varied origins, ruled by their respective chiefs, and sometimes over-ruled by the chief of a tribe, superior in power to other clans and septs. From that country, and not from the region which now bears the name of Spain, the early tide of colonization had poured into Ireland. During the 600 years of the dominion of the Moors in the Iberian Peninsula, the kings of Leon and CastiUe maintained their sovereignty, and pushed their adventurous arms occasionally into the Lusitanian countries then subject to the Moors. In these desultory wars, they sometimes drove back the Moors south of the Douro, and gained towns and strongholds, or rather expelled the Moors from them, for the time their armies over-ran the country.

In 1090, the Spanish sovereign, Alphonzo, invested one of the adventurous cavaliers in his service, the Count Dom Henry, with the lands from which he had contributed to drive the Moors, as the dower of his natural daughter Thereza, whom he gave in marriage to the count. It matters very little whether any sovereign rights were reserved or not — whether the possession was a mere feudal tenure, or an unqualified cession of the lands and towns in question, and the sovereignty appertaining to them. Alphonzo had no more right, in point of fact, to bestow the sovereignty of this Lusitanian territory on the count, than the pontiff had to make a present of Ireland to the second Henry. But the contested question of sovereignty, with respect to Portugal, was brought to a final issue — one of Alphonzo's successors renounced all claim to it for ever.

The descendants of the cavalier king (for the Count Henry ruled the territory around Coimbra, conferred on him by Alphonzo, and the additions he made to it with his good sword, with kingly state and power, though he assumed not the regal title) finaUy expelled the Moors from the whole country, and Portugal retained its independence until the close of the reign of the Cardinal King Henry — who died in the year 1580 — in default of issue, leaving his kingdom a war of succession for a legacy. The Spanish so vereign, at that juncture, set up his pretensions to the crown of Portugal, and backed those pretensions with the sword. The result was, the annexation of that crown to his own — the conver sion of an independent nation into a provincial appendage to a foreign state. Nature, in vain, for the admonition of princes, has distinguished kingdoms, — separated them either by mountain-walls, or ocean waves, or the trenches of broad rivers, in order to restrain the madness of inordinate ambition.

But no barriers are sufficient to prevent its efforts, and no example of its deplorable results capable of deterring nations from the career of unjust^domination. Had the claims of PhiUp II. been ever so just, the fundamental laws of the state of Portugal, passed in the cortes of Lamego, in the reign of the founder of the monarchy, Alphonzo I., clearly debarred him from the succession,— foreigners being expressly excluded by the following provision:—" If the King of Portugal should not have male issue, and should have a daughter, she shall remain queen after the death of the king, her father, but under these conditions: She shall not marry any person except a Portuguese, and he must be of the nobility." * * * " This law shall be in perpetual force, that the eldest daughter of the king shall not take a husband out of Portugal ; and, if she should marry with a stranger, she cannot be queen, because we never can con sent that our kingdom should go out of the hands of Portuguese, by whose valour their sovereign was made without other help but by their own intrepidity, and with their own blood.

These are the laws of inheritance of our kingdom" (and being read aloud by Alberto, chanceUor of the king, aU answered) : " They are good, they are just, and thus they are decreed for us, and for our suc cessors after us."* These laws, whose existence for obvious reasons was caUed in question in recent times, PhiUp II., for other reasons of state, took effectual means (for the security of his claim) to prevent the production of. The same historian I have just quoted, states, that Philip carried away with him from Portugal all documents and decrees found in the archives of that kingdom, bearing on the question of succession, and confirmatory of the national indepen dence, and, amongst these, the laws of the cortes of Lamcgo.f The same policy which directed this measure was pursued during the whole period of the Spanish domination ; and not only all documents of a similar kind, but works in manuscript and printed books, that were deemed prejudicial to Spanish interests, or calculated to preserve the memory of the ancient glory and inde pendence of the Portuguese people, were made away with.

Those who are familiar with Irish history, and not only with the ancient records of their country, but even the modern pe riodical literature of a pohtical kind, of 1798 and 1800, cannot fail to be struck with the identity of the miserable practices to which tyranny and injustice are compelled to have recourse in all countries. Philip's invading army met with little opposition in its passage through the country. * Historia della Disunione del Regno di Portugallo, &c, &c. Dal Dottore Birago. Amsterdam. 1647. Page 46. f Historia della Disunione, p. 72. The Duke of Braganza, the rightful heir, was unable or unwilling to support his just claims, but Dom Antonio, Prior of Crato, the illegitimate son of the Infante Dom Edward Manuel, caused himself to be proclaimed King of Portugal at Santarem, and put himself at the head of an ill-provided, ill-disciplined army to oppose the Spanish invaders.* The prior's forces were routed by the Spanish general, the infamously celebrated Duke of Alva, and in 1580 Philip was in possession of his new kii^gdom.

One of the first acts of the Duke of Alva, on his arrival at Cascais, a small town on the Tagus, in front of Lisbon, was to order the execution of the general-in-chief of the Portuguese forces, Dom Diego de Menezes, some days after the surrender (by his orders) of the fortress of Cascais, commanded by one Pereira, who was Ukewise executed. PhUip's historian, Cones taggio, coolly observes : — " The Duke, who wished to make an example of terror to the governors of the other forts, ordered his head to be cut off, and caused Pereira to be hanged, who com manded the castle."j The cold-blooded murder of the prisoners of war produced the effects that might have been expected. Whenever a Spanish soldier fell into the hands of the Portuguese, he was butchered, and the efforts were redoubled of the popular leaders to resist the invaders.

It is a curious circumstance that the clergy, and especially those of the monastic orders, were the most strenuous and formi dable opponents the Spaniards had to contend with, and that the same influence was instrumental to their expulsion sixty years later. Conestaggio bitterly complains that, " the monks in the neighbourhood of Lisbon, at the instance of the governors, excited the Portuguese to a vigorous resistance, thus employing new and perilous means to effect their object. The monks were instructed to exhort the people to resistance, so that they openly preached a war similar to a crusade against infidels. They were ordered to stimulate the people in their confessionals, to persuade this nation, too ambitious of honour, that there was no earthly glory * The Prior of Crato entered into a secret convention with Queen Elizabeth, of England, and was recognized by her as the legitimate King of Portugal. flstoria della Unione, &c. Conestaggio, Genova, 1585, p. 161. equal to that of sacrificing every thing in resisting (their enemies).

Hence, the preaching of those people so devoted ordinarily to their rehgion, became a kind of fury which made them more like the associates of soldiers, than the ministers of rehgion, and caused great scandal to well-thinking people, and grievous injury to all the kingdom."* It is needless to comment on the tender anxiety of Philip's panegyrist for the interests of the rehgion and the kingdom of Portugal. The simple meaning of this passage is, that the clergy used then influence to save their county from the hands of the robbers who invaded it. The monastic clergy paid dearly for then fidelity to their country. But Alva's fury, and PhHip's vengeance were suspended tiU the latter was in secure possession of the country. The battle of Alcantara decided the fate of Portugal ; about a thousand of the Portuguese were slain, and one hundred of the invaders.

Lisbon surrendered to the victors, and for three days the suburbs, " and the houses of those in the city who took part in the rebellion" were given up to pillage. " The soldiers made a great booty without practising great violence."! AU this time the benevolent sovereign of Spain was at Badajoz, waiting the issue of the war. On receiving the inteUigence of it, he issued an amnesty, perfectly Castlereaghish in its character, excluding aU those from its operation who could possibly need to avaU themselves of it. When the executions were over, Philip entered Portugal, and soon presented himself to his loving subjects in the capital. Another amnesty was published " full of restrictions and artful clauses," Conestaggio admits. Fifty-three persons were excepted by name, the monks generally, and the persons who held any office or employment under the prior.

The various measures taken to de-nationalize the Portuguese by his Spanish majesty, are duly commended by his historian ; but he blames Philip for not abohshing the university of Coimbra. " It would have been a good pohcy, he ought to have done it." * * * " Because the Portuguese being obliged to make their studies in the Spanish universities, would then expend the first vigor of their youth, and would get accustomed to the Spaniards, and *Istoria della Unione, &c. Conestaggio, p. 115. f Conestaggio. return afterwards to Portugal with more affection for the service of the king, and more capacity for official employment." Philip's first intention had been to enter the capital, sword in hand, but he was diverted from this purpose by the sagacious counsel of one of his followers, who besought his majesty not to attempt the conquest of the hearts of the Portuguese ; that their only business was with the soil ; they had it, and it was impohtic to manifest either fear or distrust of the inhabitants.* In accordance with this sage counsel, Philip sheathed the sword and affected magnanimity.

He assembled the Cortes at Tomar, had himself proclaimed king, took the oath of fidelity to the con stitution of the country, and confirmed with his oath the privileges of the people. In 1582 Phihp issued a decree, which may be considered analogous to that of Henry II., at the Council of Lismore, in 1172. He guaranteed to the Portuguese all the rights which had been conferred on them by then sovereign, Dom Manuel, in a charter containing twenty-five articles, securing the independence of their church, of their cortes— in which alone laws should be enacted, which related to the affairs of that kingdom, — them aintenance of the manners, customs, and privileges of the people ; the pre servation of their judicial estabhshments — for the determination of aU suits originating in Portugal ; the employment of none but Portuguese in official situations, (with the exception of that of viceroy), and a perfect equahty of rights, and honourable distinctions in Spain for all Portuguese subjects; and for the Portuguese nobihty, the "fueros" and immunities which they had hitherto enjoyed.

The decree ends with a solemn protestation of his majesty's sincere determination to observe his royal promise, and an injunction to his son and successors to do the same. " If they do so, (as I hope), they will be blessed with the benediction of God the Father, Son, and Holy Spirit, of the glorious Virgin, and of the celestial court, and with mine. If otherwise, (which I do not beheve), they wih be cursed with the malediction of our Lord, of our Lady, of the Apostles, and of the celestial court, and with mine ; they wiU not increase nor prosper, nor advance. Given under my seal, at Lisbon, the 15th * Historia del Regno de Portugal, por Faria. p. 345. of November, 1582." (Signed), " Lope Juarez ; I, the King, Misuel de Moura."* In the succeeding years of the same monarch's sway in Por tugal, there were few (if any) of the sworn privileges, rights, and immunities of the people of Portugal, which were not violated.