!

The liberty of this country has indeed been afferted by the inhabitants, but has received no adequate acknowledgment on the part of his Majefty; on the contrary, his Excellency's confidential Secretary did, on the part of the government, officially, from a written paper, declare, that he oppofed the introduction of the Irish Mutiny Bill upon the principle, that he conceived it unneceffary—that the English Act extended to Ireland;" alfo his Majelly's AttorneyGeneral did affert, that the British Parliament could bind Ireland. Likewife his Excellency, juft before the arrival of the Irish Bill, ordered the troops to change quarters, guarding by a cotemporary comment against whatever the Bill might import in favour of our liberty. Alfo the Poft office is kept up in this country without feeking an Irish act, contrary to an exprefs engagement; and though I know very well, that it has no legal exiflence, yet it affects to stand upon British flatute.

After fuch declarations and fuch acts of government, (the name of Ireland exhibited in the British Mutiny Act) during the fubfiftence of the conteft, with the example of America before us, to arm the chief magiftrate, or rather, indeed, tó arm the claims of the British Parliament, with a perpetual law for the regulation and accomodation of any indefinite number of troops his Majefty is pleased to keep up in Ireland, appears to me a measure of an unwarrantable and unfeasonable, corrupt and a crazy confidence.

6

I muft obferve, that the army thus rendered by your law unconfined in its numbers, and by the fame law made independent of Parliament for its regulation, however brave and refpectable, is not a native army, but of that very country which claims to make law for Ireland's alfo I must obferve, that the Minifter, who in fact governs that army, is the British Minifter, not refponfible to your Parliament, nor refident in your country: fo that now by this pernicious bill, this Minifter, a foreign and contemptuous character, in a safe and diflant capacity, free from the controul of an expirable authority, may fend into this country any number of troops which the return of his pride may require, or the collected ftrength of the empire at the clofe of the war thall be able to furnish; and he may billet them upon you in execution of any project of power, or avarice, or revenge, to collect a British tax, or difperfe an Irish Affociation, or trample on an Irish fpirit; and the people of this country have the mortiâcation to think, that they may by their own law, a law grafted on their best exertions, be obliged to billet and accommodate troops quartered upon them for their deftruction: or though his Majesty's minillers may not chufe to come to extremity, yet may they gradually and at their leifure, armed with our law, and encouraged by our humiliation, raife new regiments, a measure both of corruption and force; or throw into this kingdom fuch a body of troops as may' break her fpirit, watch her motions, controul her free action, and finally make thofe who before thought it expedient to deny, foon think it inexpedient to refift, the ufurped authority of the British Parliament. -I fay, the Minitter may do this at his leifure, and build by degrees a fyftem of tyranny on the foundation of our own law, Princes could not deftroy liberty by force, if they had not obtained that force by law; nor was any nation ever enflaved, who might not have found in herfelf the efficient caufes of her own fervi

tude:

tude her laws become a fuggeftion to the tyrant. The principle of political death is laid by the falfe guardians of public liberty; indeed, from the critical fituation of this kingdom, fo ftriking is the danger that a Mutiny Bill for eighteen months was an act of confidence juftified by neceffity only, that the Minifter would not have abufed that confidence is more than probable. Limitation of period changes the nature and foftens the exercife of power: before an attempt could be brought to bear, before a fufficient number of forces could be conveniently collected, or before they could be ready for action, the act which kept them together might expire, and the crown in the attempt lofe its revival: defpotifm would have wanted a root; the law in this cafe (and the wisdom of a free people can do no more than take the best chance for their liberty, and multiply difficulties on those who should invade it, instead of making the paffage eafy and natural); the law, I fay, in this case would stand in the way of the early encroachment; the apprehenfion of this, would deter the attempt; the army is prevented from flying off for ever from the law, by periodically touching the fphere of the Conftitution. England has found a limited Mutiny Bill innoxious, but would not liften to a perpetual one. In fact, Mutiny Bills are limited on the fame principle as Money Bills; both are certain to be renewed; but on the return to the people of the powers which both include, the purfe and the fword, depends whatever of limitation is annexed to prerogative, or of privilege is annexed to parliament.'

He then anticipates the confequences of this perpetual Irish Mutiny Bill to both countries, in the following ftrain :

And while I fpeak of the liberties of Ireland diminished by this perpetual law, I cannot overlook thofe of England confiderably expofed by it, expofed by a law which, in the neighbourhood of the British nation, forms a military government, establishes an unconftitutional prerogative, and erects a place of arms; fo that hereafter, if the British Parliament fhould attempt to controul a military Prince by the power which the conceives is referved by her annual Mutiny Bill, her intention may be fruftrated by our law, the British troops illegal in England may be removed to Ireland, and kept up here against her: the limitation of her law is repealed in the perpetual duration of ours, its purpose loft, and this island formed into an immenfe barrack, to accommodate the military ambition of fome King in his defiance of the British nation, in the unconflitutional continuation and violent application of his army. The British nation has thought her liberty in danger, if the King by his own authority in peace could keep up an army on one fide the channel: will the think her liberty fafe if he can do of his own authority the very fame thing on the other? It was not the intention of the Irish nation to endanger the conftitution of England; no, our object was to controul her ufurpation and fecure her liberty.'

All this is cogent reafoning, if the premises are well founded; and as Mr. Grattan is a member of the Irish legiflature, and of courfe well knew the arguments by which the Mutiny Bill there was freed from reftriction, as well as the oppofition made to this circumftance; we doubt not they enjoyed the full

benefit

benefit of his admonitions in due time. How the fcale preponderated against his judgment, refts with them; but we appre hend he is not well warranted in the following affertion, that the Irish Parliament has in this inftance exceeded its powers:

'I conceive that Parliaments are neither eternal nor omnipotent; their powers are not original, but delegated, and their delegation is to act within the frame of the conftitution, not to alter, ftill lefs to destroy it. I therefore conceive, that a perpetual Mutiny Bill is beyond the power of Parliament, inafmuch as it creates in the Crown a perpetual legislative authority diftinct from, and totally independent of the conftitutional legiflature of the realm: and I do imagine, that Parliament might, with as much regard for the principles of the Conftitution, and more regard for its fafety, have moulded a committee. of either House of Parliament, for certain great purposes, into a diftinct fovereign legislature, and have armed that committee with a perpetual power, as transfer the fame power to one man. I alfo conceive, that Parliament has exceeded its authority, not only in making one eflate, and that the chief magiftrate (who, by the genius. of the Conflitution, has but a negative in the formation of laws), with respect to the army in all cafes not affecting life or limb, a perpetual legislature; but in divetting for ever, itself and the people, of a great portion of their legislative authority: the Houfe of Commons is but your trustee; according to the nature of a truft, it is to exercife, not alienate, your power. A perpetual Motiny Bill is not merely an act of pains and penalties; it is not merely a law of regulation, but a folid grant of vaft and fummary powers from the nation at large to the crown; and a perpetual Mutiny Bill is a perpetual alienation of the powers of the kingdom at large by octennial truftees, incompetent to alien for ever, whether we confider the nature of their trust, or the limited period of their existence. It is therefore, I fay, that in ftrict conftitution the prefent Mutiny Bill expires with the prefent Parliament; and the Crown lawyers are called upon defied to fupport this measure on any ground, by any argument drawn from any legal fource, from practice or principle, the power of Parliament, the maxims of the Conftitution, or the example of former time,'

and

This challenge is boldly advanced, but may it not be easily. anfwered both on principle and practice? Every law may be faid to have a perpetual exiftence until it is altered or repealed; but the power that enacts, is fully competent to fuch alterations or abrogations. If the laws made by any elective body of legiflature, are prefumed to be limited to the duration of legislative power in the hands of a particular fet of men at any given period of time, and to expire with fuch delegation, the principle proves too much, and is contrary to fact: for it proves, that at the expiration of a parliament, all laws, all revenue, all military force, in brief, all legal inftitutions whatever, muft alfo expire! Of course, that there is a total ceffation from all government, an interval of abfolute anarchy, until civil inftitutions are revived by a new Parliament. Which is a pofitive fentence of felo de fe against the constitution!

Inde

Independent of the merits of the Irish Mutiny Act, the following paffage contains a masterly representation of the fatal, but filent and quiet operations of a standing army:

I have heard it faid, that the Mutiny Bill is fafe, because the King will not make a direct attack upon the rights of his people; but there are other ways of invading liberty befides open and direct hoRility great powers given to the crown, fuch as we have given; a perpetual and encreafing revenue, with a law to collect it of eventual perpetuity, accompanied with the perpetual and unbounded power of the fword, may in a courfe of time make the chief magiftrate fo very ftrong, that the fubject will be afraid to oppose him: in such a pofture of ftrength and weakness a nation capitulates without a blow, all her ftrong pofts are taken, revenue, army, purse, and sword. The question don't come to a trial; they who would not make a con#itutional refiftance to the first encroachment, will not be called upon to make a treacherous ftand against the last act of power; their country will never know how little fuch men are to be depended apon: the King in fuch a cafe need not refort to arms; his folid #rength operates without being put forth, and is an occult caufe inBuencing and depreffing the motions and fpirit of Parliament and people the fubject feels at a distance an accumulated weight of power coming against him, and by instinct retires.

What elfe was it which until 1779 made the people of Ireland, with all the privileges of the British nation, afraid to refort to the benefit of their own laws? What, but an evident fuperior strength arrayed against them? What elfe was it which in 1779 made the Parliament and people ftruggle for their birthright? What, but that occult caufe, a confcious itrength, an inward fecurity, an armed people? This furprising change never came to a conteft, the nation recovered her liberty with as much tranquillity as he had loft it. The volunteers never attempted force: no, but they floodby, giving a filent confidence to liberty, as an independent army; if these volunteers difperfe, they will give a filent confidence to power.

Nor is liberty only endangered by the fudden irruption and filent growth of power, but by the fears and refentment of corruption, when the venal man trembles for his fafety, and is inflamed at his own infamy, and hating and hateful to his country, difables her refentment by defroying her liberty; for flavery, like death, approaches in many fhapes, and fhould be guarded against in all.

A meafare unconftitutional and corrupt may be adopted by ParHament, at a time when the expectation, pulfe, and fpirit of the nation are high. Inflamed at fuch a conduct, the people may fall into a violent method of expreffing a just indignation, and may disclaim that majority which affented to a measure conceived to be destructive. This majority, or many of them, loft in public eftimation, conscious of public deteftation, fupported by public money, afraid of refponfibility, carelefs of liberty, thocked at popular enormities, and fuil of an aristocratic impatience of the growth and confequence of the people, may apply to the crown for protection and revenge. And thus a venal fet of men, profituted for hire and furious for punishment, who at firit only meant a corrupt vote, having once kindled

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the people, fortify themselves by an accumulation of crimes, and having given the King an unconflitutional power for money, give him abfolute power for protection; the politica! degrees are natural and rapid; from perifhed principle to execrated character, and fo on to the laft act of defpotifm and defpair, the headlong tribe precipitate, and avenge the reputation they have loft, upon the liberties they have left."

After charging Lord Buckinghamshire with the odium of this Mutiny Act, which places the army in Ireland under Irish law (for, notwithstanding what Mr. G. fays to the contrary, the British Mutiny Act is not now to extend to that country, nor are separate Mutiny Acts for each a novelty); he adds,

But though the concluding part of his administration is exceptionable, the period for which he fuffers in the cabinet is to be admired, not cenfured. He faw this kingdom threatened by a foreign enemy, and felt the incapacity of the state to defend her,- he therefore diftributed arms among the people to fecure the Irish nation to the British Crown.'- -The Writer indeed frequently refers to the arms thus put into the hands of the Irish, to inforce his arguments against the power of the Britifh Parliament and totally out of conceit with Parliaments, both British and Irish, concludes with a bold, direct appeal to the Armed Affociations, in a ftile that will scarcely admit a milder interpretation than the impulses of a turbulent spirit.

But if the fairnefs and integrity required in private tranfactions are not abfolutely difclaimed in the conduct of nations, a very plain queftion arifes from the language ufed by this Irish patriot. In an hour of apprehenfion, the British Viceroy frankly diftributed arms to the people for their defence against a foreign enemy: is it a grateful, or even a juft return to menace the British government with those very arms; and to declare, we will now new model the alliance between us according to our own fupreme pleasure, or

When we reflect on the recent grateful terms with which the Irish Parliament received the late commercial advantages extended to that country; it is much to be lamented that fome afpiring incendiaries fhould be found, fo loft to all regard for the true interefts of their country, as to endeavour to fir up the dying embers of popular jealoufies and difcontents; and by invidious reprefentations, heightened by declamatory ingenuity, labour to oppofe the returns of cordiality and good humour between two nations fo naturally allied! Unlefs an abfolute exemption from all government, is to be understood under the term liberty, the unreftrained freedom of difcuffion peculiar to these nations, and exercised with fo little referve by the Writer now before us, is the ftrongeft refutation that can be produced of the acrimonious charges of tyrannic ufurpation with which he fo confidently upbraids the government!

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