The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
Very different were the views of the Irish Parliamentary leaders: not of
Grattan only, but of his rival, Flood, as can be gathered from the perusal
of the debates in the Irish Parliament, which culminated in the famous
struggle between Flood and Grattan on October 28th, 1782, when Flood,
having denounced Grattan as a “mendicant patriot,” and Grattan having
retorted by likening his rival “to a bird of prey with an evil aspect and
a sepulchral note,” the two leaders left the House in order to solve their
differences by a duel, and were only prevented meeting in deadly combat by
the interposition of the Speaker, who wisely issued his warrant to
apprehend them both.
The contention of Flood was that the mere repeal of the Act of George I.
was insufficient, and did not prevent its revival at any future period;
that it really left the matter where it stood, and that it was therefore
necessary to bring in a Bill for declaring the sole and exclusive right of
the Irish Parliament to make laws in all cases whatsoever, internal and
external, for the kingdom of Ireland. His desire was to trump Grattan’s
cards, and destroy his popularity, which in the following year he all but
succeeded in doing, when a decision of Lord Mansfield in the Court of
King’s Bench enabled him to raise a cry that the independence of the Irish
Courts of Judicature was in danger; and a further Act was forced on the
British Government renouncing any claim to legislate and confirming the
independence of the Irish Courts of Justice.(143) The contention of
Grattan was that the relations between Great Britain and Ireland were to
be ascertained from the record of the whole of the recent transactions,
which were transactions between two independent nations having a common
Sovereign; and this being so, he said it was no more possible for Great
Britain to reassert her legislative supremacy over Ireland than it would
be for her to do so over the American colonies, if the pending
negotiations resulted, as they evidently were about to do, in a
recognition of the independence of those colonies. Grattan, indeed, went
so far as to say that the relations between Great Britain and Ireland were
in future to be sought in the law of nations and not in the municipal
legislation of either country, which he said was no longer applicable. But
both the Irish leaders agreed that in one way or another the legislative,
financial, and judicial links between the two countries were to be
severed, however much they differed as to the legal formulas which were to
impress and carry out these ideas.(144)
The following propositions can, then, be based on the events of 1782:
(1) That the Irish leaders insisted on the freedom of Ireland from
interference by the British Parliament both in internal and
external affairs, or, as would now be said, both on Home and
Imperial questions.
Public-domain text, read in full here on John Shaqi.
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