which his majefty's honour or intereft, or the tranquillity, concord, and union of his empire, and its common effort again its common enemy, may be effected. 3dly, Becaufe as the peers are bound for their own honour, to examine with a more ftri&t ferbtiny into the conduct, and to animadvert with greater feverity on the mifdemeanours of thofe of their own body, fo they owe a peculiar protection to fuch peers, as on inquiry they fhall find, in the exercife of the high prerogatives of the crown, to have demeaned themfelves uncorruptly, to the fatisfaction of the people, with a diligent attention to the functions of their charge, and with duty, zeal, and fidelity to their fovereign. 4thly, Because earl Fitzwilliam, the lord-lieutenant, removed in fo unprecedented a manner, did voJuntarily folicit in this houfe the production of all fuch documents as might furnish matter for a full and impartial inquiry into his conduct; that as the cafe might appear, he might fubject himself to the animadverfion, or entitle himfelf to the protection of this houfe. No valid reafons for fecrecy have been alledged. Delinquency is no proper object of fecrecy, on the one fide or the other; nor can any depending measure of government be affected by a difclofure of that delinquency. The act is executed. If thefe vague general allegations of fecrecy may be urged to prevent inquiry, peers may be affected with fulpicions utterly ruinous to their reputation, with regard to the matters of higheft trust, without any poffibility of clearing themfelves. 5thly, Because it appeared in the courfe of the debate, without any VOL. XXXVII. attempt to contradict it, that the earl aforefaid did actively and cffectively promote the fervice of the crown, and the public interest in Ireland, by encouraging through all fitting means, and difcouraging by none, the zeal and affection to his majefty of his parliament of Ireland; by obtaining without delay, and with great unanimity, a vote of more than forty thoufand men, by which the internal force of that kingdom was more than doubled; and by obtaining also a vote of two hundred thoufand pounds, for the better manning the navy of Great Britain-the firft vote of the kind in the prefent war, and double to the fole example of the fupply of the fame kind, voted in the Irish parliament in the year 1782, as an acknow◄ ledgment of the vast and important conceflions in legitlation, commerce, and judicature, then made by the parliament of Great Britain; both thefe fupplies for the fervice of Great Britain were moved by Mr. Grattan, confidence in whom has been imputed as blame to earl Fitzwilliam; though in the debate nothing was alledged to thew that this diftinguitled perfon, called to his confidence and councils, had ever, during lord Fitzwilliam's government, made any other use of the eftimation in which he is held in his country, than to perform this and other fimilar fervices to his majefty's government,. and to reconcile the minds of his fellow fubjects of that kingdom to bear the burdens brought on by thefe fervices with cheerfulness, and to co-operate with alacrity and unananimity in every means of giving them their full effect. 6thly. Becaufe it does not ap L pear pear that the earl in queftion, during his adminiftration in Ireland, did, in any degree, or in any manner, fubvert, impair, or weaken any one of the legal prerogatives of the crown, or abufe them to the prejudice of the fubject, in any inftance whatsoever. That in the arrangements propofed with regard to office, either in removals or appointments, it does not appear that the efficacy of his majefty's government, or the popularity of his majefty's measures, were at all impaired, or the unanimity and harmony of the nation difturbed; or the confidence in his majefty's government, as administered by him, in any degree whatfoever leffened. To the great objects of government all official arrangements ought to be fubfervient; and by their effect on thofe objects, it is to be determined whe ther the difcretionary powers with, regard to official arrangements neceffarily invefted in his majetty's minifters, have been in any inftance properly or improperly employed. 7thly, Because the unanimity and zeal in his majefty's fervice, which appeared throughout that kingdom, was owing to the hope held out that fuch arrangements as the late lord-lieutenant propofed would take place, namely, fuch as tended to demonftrate that thofe in whom the nation repofed much confidence, had obtained the confidence of his majefty's chief governor, and that thofe who had the misfortune not to obtain the public confidence, or, at least, not to obtain it in the fame degree, were not to be predominant in the efficient offices in the kingdom. 8thly. That it did not appear in the debate, that incapable or obnoxious men, or men of no lead or importance in their country, and therefore unqualified for rendering effectual fervice to his majefty, were the objects of choice in those arrangements. 9thly, Because it did not appear in the debate, that any harth or vindictive spirit was manifested in any propofed removals; as the most large and liberal confideration was obferved to the dignity, the feelings, and the interefts of the parties concerned. 1othly, Because it did not appear in the debate that this provifion was confidered in the light of a corrupt and prodigal bargain; but that the people at large regarded it in a contrary light. It appears that the efiimation of that government was rather increased than impaired by the whole of thofe intended measures; and it is afferted and fupported by abundant proof, that the defeat of thofe arrangements, with all their confequences, has excited a confiderable difcontent amongft the people of Ireland. 11thly, Beoaufe the perfons who, on account of their general eftimation in their country, were taken into the confidence of the late lordlieutenant, had, previously to his government, given the moft ftriking and unequivocal proofs of their attachment to Great Britain, of their power of fubduing all their own private feelings; and of facrificing to his majesty's fervice no fmall part even of their known animofities upon public differences, by fupporting, out of office, and out of confidence in the then rulers, the caufe of British govern government in a very marked and diftinguifhed manner. 12th, Because it appeared in the debate, that one of the matters of difcution between his majefty's confidential fervants in England and the faid lord-lieutenant, had arifen on occafion of a bill intended to be introduced into the parliament of Ireland by Mr.Grattan, for the farther relief of his majefty's catholic fubjects in that kingdom." Of fubjects to be agitated in the parliament of that kingdom, this houfe can take no cognizance; but they may take cognizance of the conduct of a British peer, member of this houfe, and reprefenting his majesty, for his conduct in his majefty's fervice, in any part of his dominions. If the late lord-lieutenant gave countenance to any meatare repugnant to that fervice, and in defiance to that authority, and pofitive inftructions given by his majefty's minifters here, it forms a matter of conftitutional difcuffion in this houfe. Upon that point earl Fitzwilliam has alledged that he is ready to put him felf upon the judgment of this houfe; for he contends that the motion for leave to bring in fuch a bill, (which he admits to have been made at his exprefs defire) did not afford caufe of alarm or apprehenfion in any manner whatever. He contends that the principle of fuch a bill was highly conformable to other former proceedings known to be countenanced by his majefty's minifters, nor does it appear by any thing alledged in the debate, that the countenance understood to be given by the late lord-lieutenant of Ireland for a further relief, could be a juft ground for his removal; when a recom mendation from the throne itself by his predeceffor the earl of Weftmorland, in the year 1793, for advantages of infinitely greater extent, that is to fay, a general capacity for all offices and franchifes (about thirty offices and feats in parliament only excepted), has been made matter of merit. 13th, Because it appears for feveral years paft to have been the policy of his majefty's British councils with regard to Ireland, and of the parliament of that kingdom, to remove the feveral civil reftraints which had been made in confequence of religious differences; for all offices had been opened to proteftant diffenters, without any limitation whatever, by the repeal of the teft in that kingdom, in the year 1779, 19th and 20th of his majefty, chap. vi. From thofe diffenters no teft whatever was exacted, in lieu of that from which they were exonerated. But for the catholics, by an act of the 13th or 14th of his prefent majefty, chap. xxxiv. a teft oath was propofed for afcertaining the allegiance and fidelity of catholics, as fuch. About four years after, that is, in the year 1777-8, 17th and 18th of Geo. III. chap. xlix. in confequence of this oath, a ftrong legitlative declaration was made, in which the principle which had been gradually followed up by fubfequent acts, is ftrongly and decidedly affirmed; for the preamble of that act, after ftating certain penalties and incapacities under which the catholics did then labour, thus proceeds: "Whereas, from their uniform peaceable behaviour for a long feries of years, it appears reafonable and expedient to relax the fame; and it inuft tend not only to the cultivation L 2 fecurity in the referved cafes, it is impoffible to affign a reason why they were deemed a fecurity in the hundreds of others, to which a capacity was opened by the act of 1793. The incapacitating referves in the act of 1793, like thofe of the former acts, proceeding (though more flowly) upon the fame declared policy, evidently were not made upon their own declared principle. They were made in the regular progrefs of a system of enlargement, in order to compromife with the fpirit of monopoly. But it is afferted by earl Fitzwilliamı, and nothing without inquiry can effectually contradict the affertion, that whilft in reality the reftrictions gave fatisfaction to none, they caufed difcontent in many. The proteftants regarded thefe exceptions with total indifference. The catholics looked on them as figns of fufpicion and degradation: they confidered them as marks (contrary to the declared policy of the acts) contrived to be fet upon them by their enemies, to diftinguith them as bad fubjects and bad citizens. The proceedings of their enemies leave in their minds no doubt that these tokens of reprobation are kept as pretexts for af fronts, contumelies, and injuries of all kinds; and for practically depriving them of most of the benefits of thofe capacities which the law feemed to hold out to them. cultivation and improvement of thefe tefts could not be deemed a this kingdom, but to the profperity and ftrength of all his majefty's dominions, that his fubjects of all denominations fhorld enjoy the benefits of our free conftitution, and should be bound to each other by mutual intereft and mutual affection." Soon after, that is, in the 21ft and 22d of his prefent majefty, chap. xxiv. it was again declared, that catholics, on taking the teft oath aforefaid, " ought to be confidered as good and loyal fubjects to his majetty, his crown, and government; and that the continuance of the laws formerly enacted, and then in force, againft perfons of the popith religion, are therefore unneceflary, in refpect to thofe who have taken, or hall take, the faid oath, and is injurious to the real welfare and profperity of the kingdom of Ireland." Nothing can be more clearly laid down than the principle upon which the feveral acts of relief from the first year of relaxation, virtually beginning fo early as the year 1773, twenty years before the palling the large capacitating act of the year 1793, was grounded, namely, the recognized allegiance, and reciprocal right to protection, held out upon taking this and other teft oaths. It was plain that the policy of the legislature was to affirm the principle as largely as poflible, and to make the capacities follow (as they have practically followed), gradually, according as favourable occafions thould offer. Thefe acts have always been understood to have emanated originally from his majefty's gracious difpofition, and to have proceeded to the government of Ireland, through the British cabinet. If 14th, Because it is alledged that a bill for farther relief was publicly known, as likely to be in agitation before the departure of the lord-lieutenant from England; that he had no inftruction whatever directly to oppofe it, though an opinion was exprelled that it had bet ter British government, depriving his majesty thereby of the whole grace and effect of what was done that in this unpleasant fituation he fent for Mr. Grattan, and defired him, as a perfon in his confidence, and who would act on the occafion according to what he and the minifters, in their prudence, might fuggeft. That Mr. Grattan did confent, and did, at his defire, move for leave to bring in a bill for the further relief of the Roman catholics. That the motion for leave was received with little difcuffion, and without any divifion. That no bill on the subject was in fact brought in-and that miniftry were informed, that none would be brought in without their knowledge; nor until of late, and after lord Fitzwilliam's departure, was fuch a thing attempted. That the then lord-lieutenant communicated largely all his ideas on the fubject. That whilft the propofed bill was not yet introduced into the house of commons, and whilft he was obeying their inftructions with regard to informations and opinions, he was fuddenly removed, with the ftrongeft marks of difpleasure and difgrace. That on this state of things, no fufficient reafon appears to exift in this meafare, any mo than in the bufinels of arrangements, for the unusual and alarming ftep of difgracing a lord-lieutenant in the middle of a fetlion of parliament, in which the butiness of his majefty, and of the whole empire (as far as that kingdom could operate in it), was carried on with unufual unanimity and fuccefs, and with a very great concurrence without doors of all orders and defcriptions of men. It is a step for which, on the debate, nothing was ter be delayed for a time of greater tranquillity; but the expediency of giving fupport to it was a matter left to his difcretion, as, in the nature of things, it neceffarily would be, on any fubject, the principle of which was admitted, the fitnefs of the time being the only point of doubt, and which could only be decided by exifting circumftances. 15th, Because it is offered in proof, that the late lord-lieutenant was diligent in the fearch, and prompt in the communication to minifters of every information on the fubject. That he foon found, that all hopes of putting off the queftion was impracticable; that he had reafon to think the prefent time for carrying the principles of the acts of 1792 and 1793 to their full object, to be, of all others, moft favourable; that he found the relief to be ardently defired by the catholics; to be asked for by very many proteftants, and to be cheerfully acquiefced in by almoft all; that this circumftance removed the difficulties, on which the poftponing the queftion could alone be defired; that he found the delays had created much fufpicion and uneafinefs amongst the catholic petitioners, who were numerous almost beyond all example; that he found a bill on thofe petitions would infallibly and tpeedily be brought into parliament, and that many members were defirous to introduce it; and if this were the cafe, the measure might come into hands with which neither he nor the king's minifters had any connection, which would leave with government only the difagree able part of altering or of modifying, if any alteration or modification had been thought neceflary by the |