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Is Ulster Right

30 of 95

when, during the nineteenth century, prices fell, the whole structure, built on a fictitious foundation, came down with a crash. Not long after the Irish Parliament had acquired its independence, a controversy arose which, although it had no immediate result, yet was of vast importance on account of the principle involved. The king became insane. It was necessary that there should be a Regent, and it was obvious that the Prince of Wales was the man for the post. But the British constitution contained no provision for making the appointment. After much deliberation, the English Parliament decided to pass an Act appointing the Prince Regent and defining his powers, the Royal assent being given by Commission. The two houses of the Irish Parliament, however, without waiting for the Prince to be invested with the Regency in England, voted an address to him asking him to undertake the duties of Regent, without naming any limitations. As the king recovered almost immediately, the whole matter ended in nothing; but thoughtful men realized what was involved in the position which the Irish Parliament had taken up. Grattan's resolution was to the effect that in addressing the Prince to take upon himself the government of the country the Lords and Commons of Ireland were exercising an undoubted right and discharging an indispensable duty to which in the emergency they alone were competent. By the Act of Henry VIII the King of England was _ipso facto_ King of Ireland. An Irish Act of William and Mary declared that the Crown of Ireland and all the powers and prerogatives belonging to it should be for ever annexed to and dependent on the Crown of England. And the Act of 1782 made the Great Seal of Great Britain necessary to the summoning of an Irish Parliament and the passing of Irish Acts. Now did the words "King" and "Crown" merely refer to the individual who had the right to wear a certain diadem, or did they include the chief executive magistrate, whoever that might be--King, Queen or Regent? It was ably contended by Lord Clare that the latter was the only possible view; for the Regent of Great Britain must hold the Great Seal; and so he alone could summon an Irish Parliament; therefore the Irish Parliament in choosing their Regent had endangered the only bond which existed between England and Ireland--the necessary and perpetual identity of the executive. If the Irish Parliament appointed one person Regent and the English Parliament another, separation or war might be the result; and even as it was, the appointment of the Prince with limited powers in England and unlimited in Ireland, must lead to confusion. But more than that; suppose that the House of Brunswick were to die out, and another Act of Settlement were to become necessary, might not the Irish Parliament choose a different sovereign from the one chosen by England? Constitutional lawyers recollected that such a difficulty nearly arose between Scotland and England, but was settled by the Act of Union; and that it was the recognition of Lambert Simnel by the Irish Parliament that was the immediate cause of the passing of Poyning's Act; and saw what the revived powers of the Irish Parliament might lead to. Although the Parliament had now become independent, there was still nothing like a responsible ministry as we now understand it, and the government managed to maintain its control, partly by the peculiar composition of the Parliament (to which I have already referred), and partly by the disposal of favours. And it cannot be denied that the Parliament passed much useful legislation. Two questions, however, were now coming forward on which the whole political condition of the country depended, and which were closely entwined with one another. The first was the reform of the legislature, so as to make the House of Commons a really representative body; the second was the final abolition of the Penal Laws. As to reform, the Parliament was naturally slow (did any political assembly in the world ever divest itself of its own privileges without pressure from without?); but as to the abolition of the Penal Laws there was a cordiality which is remarkable, and which is seldom referred to by the Nationalist writers

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