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Third Edition, with Additions and Corrections.

CONSTITUTIONAL

OBJECTIONS

TO THE

GOVERNMENT OF IRELAND

BY A

SEPARATE LEGISLATURE,

IN

A LETTER

то

JOHN HAMILTON, ESQ.

OCCASIONED BY HIS REMARKS ON A MEMOIRE ON THE PROJECTED UNION.

Br THEOBALD M‹KENNA, ESQ.

DUBLIN

PRINTED BY H. FITZPATRICK 2, UPPER ORMOND-QUAY,

1799:

PREFACE:

PERHAPS it is not more allowable to plead affitude in any other circumftances, than when the mind has been for fome time engaged with a queftion of controverfial politics. I must acknowledge that I send thefe papers to the press, without having completed my original defign. Although this divifion of the argument has become more tedious than I could poffibly have conjectured.

I propose, at a convenient time, to return to the fubject, with a view to infift more fully on the inefficacy of the several projects for internal regulation, which have been propounded in this kingdom; to enforce what appears to me, by no means unimportant in the present ftate of the public mind, that to be a member of the British empire is indifpenfable to the good of Ireland: I think it will follow, as of course, that a state of general incorporation is the form of connection, moft eligible and advantageous. I fhall endeavour to examine and affign the real caufes of our relative profperity for fome years back; relative to the condition of Ireland, before the recovered in any degree from the effects of the civil wars; but in no wife relative to the degree of profperity fhe might have attained, under a fyftem of univerfal regulation more congenial to the people. The North of Ireland I muft put out of the queftion, as its peculiar circumftances exempt it from the pernicious diftribution of powers, and application of

authority

authority. Trade has been purfued with advantage in the kingdom of Bengal, and at Cairo and Alexandria: Does it therefore follow, that the general state of fociety in thefe countries is perfect? Fortunes are accumulated at Cadiz and Oporto Is it impracticable to correct the difcipline of Government in Spain and Portugal?

Whilft the profits of trade in Cork and Dublin are at thoufands per annum, the rate of labour within forty miles of either city, is at fix-pence the day; or, which is a more exact criterion, the people within half that difiance are abject and

comfortless.

If any man were to impute the ftate of manners and induftry in England, not to the fuppreffion of villanage, and early abolition of feudal jurisdiction; but to two pence bounty upon woollens, and three farthings upon cotton; he fhould reafon just as thofe do, who fuppofe this nation to have thriven merely by parliamentary encouragement, and who make no account of the repeal of the popery laws, which turned the induftry of millions to the cultivation of the country. The English reign of Henry VII. appears to me very much to refemble the government of George III. in Ireland.

Moft Sovereigns give bounties, but only the British ftate affords a gentle and protecting government to the lower people.

I must admit, that unless the fupreme adminif tration be decided in its views of favour, and judicious conciliation to this country, the projected change of conflitution is fcarcely prudent. Under the prefent forms, there are more refources for an evil government; and a greater number of interefts may be collected to keep the people in fubjection.

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I confidered it fuperfluous to add any thing to the very ample difcuffion, which the competence of parliament has already received. Still this moft futile of all objections is dignified with the notice, even in the very talents. laft debate, of men of From Mr. Fofter's high character, and juft pretenfions to political eftimation, one would have expected him to examine every part of the queftion, rather as a ftatefman, who feeks to warrant his conclufions by truth and policy, than as a partizan, endeavouring to give his caufe the moft has condefcended to mention the powers of Parliament. The Parliament of Ireland has altered the laws, manners, religion and property of this ifland. Was it competent to change the effentials of civil fociety, and has it no difcretion over the forms? Or will it be propofed to bring all thefe former acts into hotchpot, and look for a new diftribution?

favourable exterior. That gentle the most

It is effential that there be in every ftate, a fovereign power, because no limited authority can embrace all the cares upon which the welfare of the people requires a decifion. Is the Irish Parliament that fovereign power? If it be not, where does it refide? If it is that fovereign power, it muft be competent to determine, whether any propofition fubmitted to it, be for the good of its fubjects; and in cafe of approbation, to carry the defign into effect. There would otherwife be a deficiency of legislative provifion, which is juft as prepofterous and abfurd, and inadmiffible, as in ordinary cafes would be a failure of diftri butive juftice.

Suppofe the French conftitution to be the bane of the people, and that the fole hope of falvation is to fubmit to a Monarchy, is the fovereign power in poffeffion inadequate to make that fa

lutary

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