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CHAP.
XXIII.

nemara, and a Bruges in the Bog of Allen. And what right had strangers to interfere? Not content with 1698. showing that the law of which he complained was absurd and unjust, he undertook to prove that it was null and void. Early in the year 1698 he published and dedicated to the King a treatise in which it was asserted in plain terms that the English Parliament had no authority over Ireland.

Whoever considers without passion or prejudice the great constitutional question which was thus for the first time raised will probably be of opinion that Molyneux was in error. The right of the Parliament of England to legislate for Ireland rested on the broad general principle that the paramount authority of the mother country extends over all colonies planted by her sons in all parts of the world. This principle was the subject of much discussion at the time of the American troubles, and was then maintained, without any reservation, not only by the English Ministers, but by Burke and all the adherents of Rockingham, and was admitted, with one single reservation, even by the Americans themselves. Down to the moment of separation the Congress fully acknowledged the competency of the King, Lords and Commons to make laws, of any kind but one, for Massachusetts and Virginia. The only power which such men as Washington and Franklin denied to the Imperial legislature was the power of taxing. Within living memory, Acts which have made great political and social revolutions in our Colonies have been passed in this country; nor has the validity of those Acts ever been questioned: and conspicuous among them were the law of 1807 which abolished the slave trade, and the law of 1833 which abolished slavery.

The doctrine that the parent state has supreme

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power over the colonies is not only borne out by CHAP. authority and by precedent, but will appear, when examined, to be in entire accordance with justice and with policy. During the feeble infancy of colonies independence would be pernicious, or rather fatal, to them. Undoubtedly, as they grow stronger and stronger, it will be wise in the home government to be more and more indulgent. No sensible parent deals with a son of twenty in the same way as with a son of ten. Nor will any government not infatuated treat such a province as Canada or Victoria in the way in which it might be proper to treat a little band of emigrants who have just begun to build their huts on a barbarous shore, and to whom the protection of the flag of a great nation is indispensably necessary. Nevertheless, there cannot really be more than one supreme power in a society. If, therefore, a time comes at which the mother country finds it expedient altogether to abdicate her paramount authority over a colony, one of two courses ought to be taken. There ought to be complete incorporation, if such incorporation be possible. If not, there ought to be complete separation. Very few propositions in politics can be so perfectly demonstrated as this, that parliamentary government cannot be carried on by two really equal and independent parliaments in one empire.

And, if we admit the general rule to be that the English parliament is competent to legislate for colonies planted by English subjects, what reason was there for considering the case of the colony in Ireland as an exception? For it is to be observed that the whole question was between the mother country and the colony. The aboriginal inhabitants, more than five sixths of the population, had no more interest in the matter than the swine or the poultry; or, if they had an interest, it was

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CHAP. for their interest that the caste which domineered over them should not be emancipated from all external control. They were no more represented in the parliament which sate at Dublin than in the parliament which sate at Westminster. They had less to dread from legislation at Westminster than from legislation at Dublin. They were, indeed, likely to obtain but a very scanty measure of justice from the English Tories, a more scanty measure still from the English Whigs: but the most acrimonious English Whig did not feel towards them that intense antipathy, compounded of hatred, fear and scorn, with which they were regarded by the Cromwellian who dwelt among them. For the Irishry Molyneux, though boasting that he was the champion of liberty, though professing to have learned his political principles from Locke's writings, and though confidently expecting Locke's applause, asked nothing but a more cruel and more hopeless slavery. What he claimed was that, as respected the colony to which he belonged, England should forego rights which she has exercised and is still exercising over every other colony that she has ever planted. And what reason could be given for making such a distinction? No colony had owed so much to England. No colony stood in such need of the

That a portion at least of the native population of Ireland looked to the Parliament at Westminster for protection against the tyranny of the Parliament at Dublin appears from a paper entitled The Case of the Roman Catholic Nation of Ire⚫land.

This paper, written in 1711 by one of the oppressed race and religion, is in a MS. belonging to Lord Fingall. The Parliament of Ireland is accused of treating the Irish worse than the Turks treat the Christians, worse than the Egyptians treated the Israelites. "Therefore,"

says the writer, "they (the Irish) apply themselves to the present Parliament of Great Britain as a Parliament of nice honour and stanch justice. . . . Their request then is that this great Parliament may make good the Treaty of Limerick in all the Civil Articles." In order to propitiate those to whom he makes this appeal, he accuses the Irish Parliament of encroaching on the supreme authority of the English Parliament, and charges the colonists generally with ingratitude to the mother country to which they owe so much.

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support of England. Twice, within the memory of CHAP. men then living, the natives had attempted to throw off the alien yoke; twice the intruders had been in imminent danger of extirpation; twice England had come to the rescue, and had put down the Celtic population under the feet of her own progeny. Millions of English money had been expended in the struggle. English blood had flowed at the Boyne and at Athlone, at Aghrim and at Limerick. The graves of thousands of English soldiers had been dug in the pestilential morass of Dundalk. It was owing to the exertions and sacrifices of the English people that, from the basaltic pillars of Ulster to the lakes of Kerry, the Saxon settlers were trampling on the children of the soil. The colony in Ireland was therefore emphatically a dependency; a dependency, not merely by the common law of the realm, but by the nature of things. It was absurd to claim independence for a community which could not cease to be dependent without ceasing to exist.

Molyneux soon found that he had ventured on a perilous undertaking. A member of the English House of Commons complained in his place that a book which attacked the most precious privileges of the supreme legislature was in circulation. The volume was produced some passages were read; and a Committee was appointed to consider the whole subject. The Committee soon reported that the obnoxious pamphlet was only one of several symptoms which indicated a spirit such as ought to be suppressed. The Crown of Ireland had been most improperly described in public instruments as an imperial Crown. The Irish Lords and Commons had presumed, not only to reenact an English Act passed expressly for the purpose of binding them, but to reenact it with alterations. The alterations were indeed small: but the alteration even of a letter was

CHAP.
XXIII.

1698.

East India

tantamount to a declaration of independence. Several addresses were voted without a division. The King was entreated to discourage all encroachments of subordinate powers on the supreme authority of the English legislature, to bring to justice the pamphleteer who had dared to question that authority, to enforce the Acts which had been passed for the protection of the woollen manufactures of England, and to direct the industry and capital of Ireland into the channel of the linen trade, a trade which might grow and flourish in Leinster and Ulster without exciting the smallest jealousy at Norwich or at Halifax.

The King promised to do what the Commons asked: but in truth there was little to be done. The Irish, conscious of their impotence, submitted without a murmur. The Irish woollen manufacture languished and disappeared, as it would, in all probability, have languished and disappeared if it had been left to itself. Had Molyneux lived a few months longer he would probably have been impeached. But the close of the session was approaching: and before the Houses met again a timely death had snatched him from their vengeance; and the momentous question which had been first stirred by him slept a deep sleep till it was revived in a more formidable shape, after the lapse of twenty six years, by the fourth letter of The Drapier.

Of the commercial questions which prolonged this Companies. session far into the summer the most important respected India. Four years had elapsed since the House of Commons had decided that all Englishmen had an equal right to traffic in the Asiatic Seas, unless prohibited by Parliament; and in that decision the King had thought it prudent to acquiesce. Any merchant of London or Bristol might now fit out a ship for Bengal or for China, without the least apprehension of being

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