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certain laws relative to the guardianship of their children. These two Bills became law; the third Bill, authorising intermarriages between Protestants and Catholics, was rejected by a majority of eight. Thus a great breach Iwas made in the Penal Code.

The Irish Parliament was adjourned from March 14 to April 16, 1782. In the meantime Lord North's administration fell, and Lord Rockingham succeeded to office. Mr. Eden, who had been secretary under it, went to London with the viceroy's resignation, and, evidently impressed with the gravity of the situation, and the necessity of immediately doing something to calm the excitement, he moved, in the English House of Commons, on April 8, the repeal of the Declaratory Act, 6 Geo. I., arising out of the case of Sherlock v. Annesley, so far as it asserted a right in the king and Parliament of Great Britain to bind Ireland. He told the House, in the course of his speech explaining why he brought forward the motion, that in the then state and disposition of Ireland they might as well strive to make the Thames flow up Highgate Hill as attempt to legislate for Ireland, which would no longer submit to any legislation but that of its own Parliament. Mr. Fox met the motion so urgently pressed by an announcement that he would next day lay a preparatory measure before the House. On the following day he accordingly read a message from the king recommending the House to take the discontent of his loyal subjects of Ireland into their serious consideration, in order to make "such a final adjustment as may give mutual satisfaction to both kingdoms."

On April 14, 1782, the Duke of Portland, the new viceroy, arrived in Dublin, where he was received amidst the joyous acclamations of the whole people. On the 16th, the duke met Parliament, and Mr. John Hely Hutchinson, Secretary of State, communicated, on the part of the Lord-Lieutenant, a message similar to that of Mr. Fox in the British Parliament. Mr. George Ponsonby thereupon moved that an address be presented to his Majesty, thanking him for his gracious message, and

assuring him that the House would immediately proceed to the consideration of the just objects he had recommended. Mr. Grattan then moved as an amendment his original motion for a declaration of rights, and his amendment embodying the resolutions of the Dungannon convention was unanimously adopted.1

On May 17, Lord Shelburne, afterwards Marquis of Lansdowne, in the Lords, and Mr. Fox in the Commons, brought forward the subject of the Irish addresses. Fox went fully into the Irish claims. Speaking of the Declaratory Act of 6 Geo. I., he said "that it could not be supported with any show of justice." As to the right claimed by the Privy Council of England to alter Irish Bills, he said he was ready to give it up. Had a proper use been made of the power, it perhaps might have been retained, but to his knowledge it had been grossly abused. In one instance, in particular, a Bill had been sent over to England two years ago, granting, and very wisely and very justly granting, indulgence to the Roman Catholics. In the same Bill there was a clause in favour of Dissenters, for repealing the Sacramental Test; this clause was struck out, contrary, in his opinion, to sound policy, as the alteration tended to make an improper discrimination between two descriptions of men, which did not tend to the union of the people. Mr. Fox concluded his speech by moving that the Declaratory Act of 6 Geo. I. should be repealed. On May 27 the Duke of Portland communicated this resolution to the Irish House of Commons in a speech from the throne. An address in reply, moved by Mr. Grattan, was carried with only two dissentients, who thought that the words "that there will no longer exist any constitutional question between the two nations that can disturb their mutual

1 Subsequently a correspondence passed between the British ministers and the Irish leaders with reference to the details of the Bill which should be introduced to carry out Grattan's aims. It was the desire of the ministers that, while conceding legislative independence to Ireland, the supremacy of the British Parliament should be expressly recognised. It was the desire of the Irish leaders that the independence of the Irish Parliament should be acknowledged without any limitation, and the ministers finally yielded the demands of the Irish leaders in full.

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LEGISLATIVE INDEPENDENCE

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tranquillity" should be omitted from it as injudicious. Others besides the objectors to these words believed the concessions made were not sufficient; Mr. Flood endeavoured to obtain a positive renunciation by Great Britain of all right to bind Ireland by British Acts of Parliament, and said they should not rest satisfied with the mere repeal of the Declaratory Act. Mr. Grattan however, opposed this contention, on the ground that it would imply an ungenerous doubt of the justice of England, and Mr. Flood was defeated. Flood's object was however, gained, for the Government promised, on December 20, that they would bring in a Bill to settle the question. On January 22, 1783, the promised Bill was brought in and passed (23 Geo. III. c. 28). The following clause of this Act may be regarded as the charter of Irish legislative independence :

"Be it enacted that the right claimed by the people of Ireland to be bound only by laws enacted by his Majesty and the Parliament of that kingdom, in all cases whatever; and to have all actions and suits at law, or in equity, which may be instituted in that kingdom, decided in his Majesty's courts therein, finally and without appeal from thence, shall be, and is hereby, declared to be established and ascertained for ever, and shall at no time hereafter be questioned or questionable."

Thus ended the struggle for Irish legislative independence, begun by Molyneux, carried on by Swift and Lucas, closed triumphantly by Grattan. "I found Ireland on her knees," said the great Irish patriot; "I watched over her with a paternal solicitude; I have traced her progress from injuries to arms, from arms to liberty. Spirit of Swift! spirit of Molyneux! your genius has prevailed! Ireland is a nation. In that character I hail her, and bowing in her august presence, I say, esto perpetua !”

PART II

FROM THE ESTABLISHMENT OF LEGISLATIVE INDEPENDENCE TO THE ACT OF UNION

1782-1800

BY DR. SIGERSON

I

EFFECT OF CONCESSION-WORK OF AN INDEPENDENT

PARLIAMENT

THE struggle for a free constitution, developing the passion for liberty, had enlarged men's minds and extended their sympathies. Barriers between the sections of the people began to fall. The victory of the constitution had an analogous effect on a larger scale. The wave of exultant emotion which surged all over the island swept away the memory of past enmities with Britain. Notwithstanding the fierceness of the strife by which she had secured a free legislature, Ireland's first act was one of gratitude to England, her second a recognition of her liberator's service.

The Duke of Portland, in his speech to both Houses, on May 27, 1782, announced that the king and Parliament of Great Britain had cordially assented to remove all causes of discontent, and that his Majesty was ready and anxious to sanction Acts abolishing the powers of the Privy Councils to suppress Irish Bills, putting an end to their alteration anywhere, and limiting the Mutiny Act to two years. These intentions were "unaccompanied by any stipulation or condition whatever." Then Grattan, entering into detail, showed that Great Britain gave up every claim