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ought to be? Do you hesitate for an answer? If you do, let me remind you that, until the last year, three millions of your countrymen have, by the express letter of the law, been excluded from the reality of actual, and even from the phantom of virtual representation. Shall we, then, be told that this is only the affirmation of a wicked and seditious incendiary? If you do not feel the mockery of such a charge, look at your country; in what state do you find it? Is it in a state of tranquillity and general satisfaction? These are traces by which good are ever to be distinguished from bad governments, without any very minute inquiry or speculative refinement. Do you feel that a veneration for the law, a pious and humble attachment to the constitution, form the political morality of the people? Do you find that comfort and competency among your people which are always to be found where a government is mild and moderate, where taxes are imposed by a body who have an interest in treating the poorer orders with compassion, and preventing the weight of taxation from pressing sore up on them?

Gentlemen, I mean not to impeach the state of your representation; I am not saying that it is defective, or that it ought to be altered or amended; nor is this a place for me to say whether I think that three millions of the inhabitants of a country, whose whole number is but four, ought to be admitted to any efficient situation in the state. It may be said, and truly, that these are not questions for either of us directly to decide; but you cannot refuse them some passing consideration, at least when you remember that on this subject the real question for your decision is, whether the allegation of a defect in your constitution is so utterly unfounded and false, that you can ascribe it only to the malice and perverseness of a wicked mind, and not to the innocent mistake of an ordinary understanding; whether it may not be mistake; whether it can be only sedition? And here, gentlemen, I own I cannot but regret that one of our countrymen should be criminally pursued for asserting the necessity of a reform, at the very moment when that necessity seems admitted by the Parliament itself; that this unhappy reform shall, at the same moment, be a subject of legislative discussion and criminal prosecution. Far am I from imputing any sinister design to the virtue or wisdom of our Government; but who can avoid feeling the deplorable impression that must be made on the public mind when the demand for that reform is answered by a criminal information! I am the more forcibly impressed by this consideration, when I consider that when this information was first put on the file, the subject was transiently mentioned in the House of Commons. Some circumstance retarded the progress of the inquiry there,

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and the progress of the information was equally retarded here. On the first day of the session you all know that subject was again brought forward in the House of Commons, and, as if they had slept together, this prosecution was also revived in the Court of King's Bench, and that before a jury taken from a panel partly composed of those very Members of Parliament who, in the House of Commons, must debate upon this subject as a measure of public advantage, which they are here called upon to consider as a public crime.*

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This paper, gentlemen, insists upon the necessity of emancipating the Catholics of Ireland, and that is charged as a part of the libel. If they had kept this prosecution impending for another year, how much would remain for a jury to decide upon, I should be at a loss to discover. It seems as if the progress of public reformation was eating away the ground of the prosecution. Since the commencement of the prosecution this part of the libel has unluckily received the sanction of the legislature. that interval our Catholic brethren have obtained that admission which, it seems, it was a libel to propose. In what way to account for this I am really at a loss. Have any alarms been occasioned by the emancipation of our Catholic brethren? Has the bigoted malignity of any individuals been crushed? Or has the stability of the Government, or has that of the country, been weakened? Or are one million of subjects stronger than four millions? Do you think that the benefit they received should be poisoned by the sting of vengeance? If you think so you must say to them, “You have demanded emancipation, and you have got it; but we abhor your persons, we are outraged at your success; and we will stigmatise, by a criminal prosecution, the relief which you have obtained from the voice of your country." I ask you, gentlemen, do you think, as honest men anxious for the public tranquillity, conscious that there are wounds not yet completely cicatrised, that you ought to speak this language, at this time, to men who are too much disposed to think that in this very emancipation they have been saved from their own Parliament by the humanity of their sovereign? Or do you wish to prepare them for the revocation of these improvident concessions? Do you think it wise or human at this moment to insult them, by sticking up in a pillory the man who dared to stand forth their advocate? I put it to your oaths, do you think that a blessing of that kind, that a victory obtained by justice over bigotry and oppression, should have a stigma

*The jury was taken from a panel containing the names of a number of Members of Parliament.

In 1793, after the prosecution was commenced, the Irish Parliament passed a bill giving the right of suffrage to Catholics, and conferring a large part of the rights and privileges desired.

cast upon it by an ignominious sentence upon men bold and honest enough to propose that measure? To propose the redeeming of religion from the abuses of the Church, the reclaiming of three millions of men from bondage, and giving liberty to all who had a right to demand it; giving, I say, in the so-much censured words of this paper, giving "universal emancipation!" I speak in the spirit of the British law, which makes liberty commensurate with and inseparable from British soil; which proclaims even to the stranger and the sojourner, the moment he sets his foot upon British earth, that the ground on which he treads is holy, and consecrated by the genius of "universal emancipation!" No

matter in what language his doom may have been pronounced; no matter what complexion, incompatible with freedom, an Indian or an African sun may have burnt upon him; no matter in what disastrous battle his liberty may have been cloven down; no matter with what solemnities he may have been devoted upon the altar of slavery; the first moment he touches the sacred soil of Britain, the altar and the god sink together in the dust; his soul walks abroad in her own majesty; his body swells beyond the measure of his chains, that burst from around him, and he stands redeemed, regenerated, and disenthralled, by the irresistible genius of " universal emancipation."

HENRY GRATTAN.

ON MOVING A DECLARATION OF IRISH RIGHT.*

1750-1820.

I LAUGH at that man who supposes that Ireland will not be content with a free trade and a free constitution: and would any man advise her to be content with less?

I shall be told that we hazard the modification of the law of Poynings, and the Judges Bill, and the Habeas Corpus Bill, and the Nullum Tempus Bill; but, I ask, have you been for years begging for these little things, and have you not yet been able to obtain them? And have you been contending against a little body of eighty men, in privy council assembled, convoking themselves into the image of a Parliament, and ministering your high office; and have you been contending against one man, a humble individual, to you a leviathan- the English Attorney-General, exercising Irish legislation in his own person, and making your Parliamentary deliberations a blank, by altering your bills, or suppressing them have you not been able to quell this little monster? Do you wish to know the reason? I will tell you; because you have not been a Parliament, nor your country a people. Do you wish to know the remedy? Be a Parliament, 'become a nation, and these things will follow in the train of your consequence.

I shall be told that titles are shaken, being vested by force of English Acts. But in answer to that I observe, time may be a title, but an

Part of a speech delivered in the Irish House of Commons, 19th April 1780, its object being to move the Irish Parliament to a Declaration of Right, which should deny the authority of England to make laws for Ireland.

English Act of Parliament certainly cannot. It is an authority which, if a judge would charge, no jury would find, and which all the electors of Ireland have already disclaimed-disclaimed unequivocally, cordially, and universally.

Sir, this is a good argument for an act of title, but no argument against a Declaration of Right. My friend, who sits above me, has a Bill of Confirmation.* We do not come unprepared to Parliament. I am not come to shake property, but to confirm property, and to restore freedom. The nation begins to form-we are moulding into a people; freedom asserted, property secured, and the army, a mercenary band, likely to be dependent on your Parliament, restrained by law. Never was such a revolution accomplished in so short a time, and with such public tranquillity. In what situation would those men, who call themselves friends of constitution and government, have left you? They would have left you without a title (as they stole it) to your estates, without an assertion of your constitution, or a law for your army; and this state of private and public insecurity, this anarchy, raging in the kingdom for eighteen months, these mock-moderators would have had the presumption to call peace.

The king has no other title to his crown than that which you have to your liberty. Both are founded, the throne and your freedom, upon the right vested in the subject to resist by arms, notwithstanding their oaths of allegiance, any authority attempting to impose acts of power as

* A bill to be immediately introduced on passing the Declaration, by which all laws of the English Parliament affecting property were to be confirmed by the Irish Parliament.

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you in your grave for interfering between them and their Maker, and robbing them of an immense occasion, and losing an opportunity which you did not create, and can never restore.

Hereafter, when these things shall be history, your age of thraldom, your sudden resurrection, commercial redress, and miraculous armament,' shall the historian stop at liberty, and observe that here the principal men amongst us were found wanting, were awed by a weak ministry, bribed by an empty treasury; and, when liberty was within their grasp, and her temple opened its folding-doors, fell down, and were prostituted at the threshold.

laws; whether that authority be one man or a logy, you can palliate such a commission to your host, the second James, or the British Parlia-hearts, still less to your children, who will sting ment, every argument for the House of Hanover is equally an argument for the liberties of Ireland. The Act of Settlement is an Act of rebellion, or the sixth of George I. an Act of usurpation. I do not refer to doubtful history, but to living record, to common charters, to the interpretation England has put on those charters (an interpretation made, not by words only, but crowned by arms), to the revolution she has formed upon them, to the king she has established, and, above all, to the oath of allegiance solemnly plighted to the House of Stuart, and afterwards set aside in the instance of a grave and moral people, absolved by virtue of those very charters: and as anything less than liberty is inadequate to Ireland, so is it dangerous to Great Britain. We are too near the British nation; we are too conversant with her history; we are too much fired by her example to be any-spiration, and providence of the present moment thing less than equals: anything less, we should be her bitterest enemies. An enemy to that power which smote us with her mace, and to that constitution from whose blessings we are excluded, to be ground, as we have been, by the British nation, bound by her Parliament, plundered by her Crown, threatened by her enemies, and insulted with her protection, while we return thanks for her condescension, in a system of meanness and misery, which has expired in our determination and in her magnanimity.

That there are precedents against us I allow; acts of power I would call them, not precedents; and I answer the English pleading such precedents, as they answered their kings when they urged precedents against the liberty of England. Such things are the tyranny of one side, the weakness of the other, and the law of neither. We will not be bound by them; or rather, in the words of the Declaration of Right, no doing, judgment, or proceeding to the contrary, shall be brought into precedent or example. Do not then tolerate a power, the power of the British Government, over this land, which has no foundation in necessity, or utility, or empire, or the laws of England, or the laws of Ireland, or the laws of nature, or the laws of God. Do not suffer that power which banished your manufactures, dishonoured your peerage, and stopped the growth of your people. Do not, I say, be bribed by an export of woollens, or an import of sugar, and suffer that power which has thus withered the land to have existence in your pusillanimity. Do not send the people to their own resolves for liberty, passing by the tribunals of justice, and the high court of Parliament; neither imagine that, by any formation of apo

An Act of the British Parliament settling the line of succession to the British Crown on the descendants of the Princess Sophia of Hanover, to the exclusion of the Stuarts.

I might, as a constituent, come to your bar and demand my liberty. I do call upon you by the laws of the land and their violation; by the instructions of eighteen counties, by the arms, in

-tell us the rule by which we shall go; assert the law of Ireland; declare the liberty of the land! I will not be answered by a public lie, in the shape of an amendment; nor, speaking of the subjects' freedom, am I to hear of faction. I wish for nothing but to breathe in this our island, in common with my fellow-subjects, the air of liberty. I have no ambition, unless it be to break your chain and contemplate your glory. I never will be satisfied so long as the meanest cottager in Ireland has a chain clanking to his rags.

He may be naked, he shall not be in

irons. And I do see the time at hand; the spirit is gone forth; the Declaration of Right is planted; and though great men should fall off, yet the cause shall live; and though he who utters this should die, yet the immortal fire shall outlast the humble organ who conveys it, and the breath of liberty, like the word of the holy man, will not die with the prophet, but survive him.

INVECTIVE AGAINST MR CORRY.+

At the emancipation of Ireland in 1782, I took a leading part in the foundation of that constitution which is now endeavoured to be destroyed. Of that constitution I was the author; in that constitution I glory; and for it the honourable gentleman should bestow praise, not invent calumny. Notwithstanding my weak state of body, I come to give my last testimony against this Union, so fatal to the liberties and interest of my country. I come to make common cause with these honourable and virtuous gentlemen around me, to try and save the constitution; or, if not save the constitution, at least to save our characters, and remove from our graves the * A reference to the rapid formation of the volunteer corps.

† Delivered in the Irish Parliament during the debate on the Union with England, February 14, 1800.

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foul disgrace of standing apart while a deadly blow is aimed at the independence of our country. The right honourable gentleman says I fled from the country after inciting rebellion, and that I have returned to raise another. No such thing. The charge is false. The civil war had not commenced when I left the kingdom, and I could not have returned without taking a part. On the one side there was the camp of the rebel; on the other the camp of the minister, a greater traitor than that rebel. The stronghold of the constitution was nowhere to be found. I agree that the rebel who rose against the Government should have suffered; but I missed on the scaffold the right honourable gentleman. Two desperate parties were in arms against the constitution. The right honourable gentleman belonged to one of these parties, and deserved death. I could not join the rebel-I could not join the Government. I could not join torture-I could not join half-hanging-I could not join free quarter. I could take part with neither. I was therefore absent from a scene where I could not be active without selfreproach, not indifferent with safety.

Many honourable gentlemen thought differently from me. I respect their opinions, but I keep my own; and I think now, as I thought then, that the treason of the minister against the liberties of the people was infinitely worse than the rebellion of the people against the minister.

I have returned, not, as the right honourable member has said, to raise another storm-I have returned to discharge an honourable debt of gratitude to my country, that conferred a great reward for past services, which, I am proud to say, was not greater than my desert. I have returned to protect that constitution, of which I was the parent and the founder, from the assassination of such men as the honourable gentleman and his unworthy associates. They are corrupt they are seditious-and they, at this very moment, are in a conspiracy against their country. I have returned to refute a libel, as false as it is malicious, given to the public under the appellation of a report of a committee of the House of Lords. Here I stand ready for impeachment or trial; I dare accusation; I defy the honourable gentleman; I defy the Government; I defy the whole phalanx. Let them come forth. I tell the ministers I will neither give them quarter nor take it. I am here to lay

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the shattered remains of my constitution on the floor of this House, in defence of the liberties of my country.

My guilt or innocence has little to do with the question here. I rose with the rising fortunes of my country-I am willing to die with her expiring liberties. To the voice of the people I will bow, but never shall I submit to the calumnies of an individual hired to betray them and to slander me. The indisposition of my body has left me, perhaps, no means but that of lying down with falling Ireland, and recording upon her tomb my dying testimony against the flagitious corruption that has murdered her independence. The right honourable gentleman has said that this was not my place-that instead of having a voice in the councils of my country I should now stand a culprit at her bar-at the bar of a court of criminal judicature-to answer for my treasons. The Irish people have not so read my history, but let that pass; if I am what he said I am, the people are not therefore to forfeit their constitution. In point of argument, therefore, the attack is bad-in point of taste or feeling, if he had either, it is worse-in point of fact, it is false, utterly and absolutely false-as rancorous a falsehood as the most malignant motives could suggest to the prompt sympathy of a shameless and a venal defence. The right honourable gentleman has suggested examples which I should have shunned, and examples which I should have followed. I shall never follow his, and I have ever avoided it. I shall never be ambitious to purchase public scorn by private infamy-the lighter characters of the model have as little chance of weaning me from the habits of a life spent, if not exhausted, in the cause of my native land. Am I to renounce those habits now for ever, and at the beck of whom? I should rather say, of what ?—half a minister-half a monkey-a 'prentice politician, and a master coxcomb! He has told you that what he has said of me here he would say any where. I believe he would say thus of me in any place where he thought himself safe in say ing it. Nothing can limit his calumnies but his fear-in Parliament he has calumniated me tonight, in the King's Courts he would calumniate me to-morrow; but had he said or dared to insinuate one-half as much elsewhere, the indig. nant spirit of an honest man would have answered the vile and venal slanderer with a blow.

LORD ERSKINE.

1750-1823.

FROM A SPEECH IN BEHALF OF JOHN

STOCKDALE, WHEN TRIED FOR A
LIBEL ON THE HOUSE OF COMMONS.

of interests-no support from any one principle which cements men together in society, could only be upheld by alternate stratagem and force. The unhappy people of India, feeble and effeminate as they are from the softness of their climate, and subdued and broken as they have been by the knavery and strength of civilisation, still occasionally start up in all the vigour and intelligence of insulted nature. To be governed at all, they must be governed with a rod of iron; and our empire in the East would, long since, have been lost to Great Britain, if civil skill and military prowess had not united their efforts to support an authority-which Heaven never gave-by means which it never can sanction.

GENTLEMEN OF THE JURY,-If this be a wilfully false account of the instructions given to Mr Hastings for his government, and of his conduct under them, the author of this defence deserves the severest punishment for a mercenary imposition on the public. But if it be true that he was directed to make the safety and prosperity of Bengal the first object of his attention, and that, under his administration, it has been safe and prosperous; if it be true that the security and preservation of our possessions and revenues in Asia were marked out to him as the leading principle of his government, and that those possessions and revenues, amid unexampled dangers, have been secured and preserved; then a question may be unaccountably mixed with your consideration, much beyond the consequence of the present prosecution, involving, perhaps, the merit of the impeachment which gave it birth-a question which the Commons, as prosecutors of Mr Hastings, should, in common prudence, have avoided; unless, regretting the unwieldy length of their proceedings against him, they wish to afford him the opportunity of this strange anomalous defence. For, although I am neither his counsel, nor desire to have anything to do with his guilt or innocence, yet, in the collateral defence of my client, I am driven to state matter which may be considered by many as hostile to the impeachment. For if our dependencies have been secured, and their interests promoted, I am driven, in the defence of my client, to remark, that it is mad and preposterous to bring to the standard of justice and humanity the exercise of a dominion founded upon violence and terror. It may and must be true that Mr Hastings has repeatedly offended against the rights and privileges of Asiatic government, if he was the faithful deputy of a power which could not maintain itself for an hour without trampling upon both. He may and must have offended against the laws of God and nature, if he was the faithful viceroy of an empire, wrested in blood from the people to whom God and nature had given it. He may and must have preserved FROM A SPEECH AGAINST THOMAS that unjust dominion over timorous and abject nations by a terrifying, overbearing, insulting superiority, if he was the faithful administrator of your Government, which, having no root in consent or affection-no foundation in similarity

* Delivered before the Court of King's Bench, December 9, 1789.

Gentlemen, I think I can observe you are touched with this way of considering the subject, and I can account for it. I have not been considering it through the cold medium of books, but have been speaking of man and his nature, and of human dominion, from what I have seen of them myself among reluctant nations submitting to our authority. I know what they feel, and how such feelings can alone be repressed. I have heard them in my youth from a naked savage, in the indignant character of a prince, surrounded by his subjects, addressing the governor of a British colony, holding a bundle of sticks in his hand as the notes of his unlettered eloquence. "Who is it," said the jealous ruler over the desert, encroached on by the restless foot of English adventurer-"who is it that causes this river to rise in the high mountains, and to empty itself into the ocean? Who is it that causes to blow the loud winds of winter, and that calms them again in summer? Who is it that rears up the shade of those lofty forests, and blasts them with the quick lightning at His pleasure? The same being who gave to you a country on the other side of the waters, and gave ours to us; and by this title we will defend it," said the warrior, throwing down his tomahawk upon the ground, and raising the war-sound of his nation. These are the feelings of subjugated man all round the globe; and depend upon it, nothing but fear will contral where it is vain to look for affection.

WILLIAMS FOR THE PUBLICATION
OF PAINE'S "AGE OF REASON."*

I call for reverence to the Sacred Scriptures, not from their merits, unbounded as they are,

* Before Lord Kenyon and a special jury on the 24th of July 1797.

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