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CALIFORNIA

ENGLISH INTERFERENCE

WITH

IRISH INDUSTRIES.

CHAPTER I.

THE POLITICAL RELATIONS OF IRELAND TO

GREAT BRITAIN.

THE interference of the English Government with Irish trade before 1782 was twofold, direct and indirect. The direct interference arose from statutes passed in the English Parliament in restraint of Irish commerce. The indirect interference arose from the influence of the English Government over the legislation of the Irish Parliament, under the provisions of the statute known as Poynings' Act.

"From the admitted dependence," says Mr. Butt, " of the Crown of Ireland upon that of England, arose the claim of the English Parliament to legislate for Ireland. Over all the colonies and dependencies of the British Crown, the British Parliament had exercised the right of legislation. Over Ireland they asserted the same right. I need not tell you how

fiercely it was contested, and that it was finally abandoned in 1782. But, up to 1782, the right was asserted, and occasionally exercised." *

These English statutes were chiefly aimed against the Irish manufactures, and were, of course, clear violations of Ireland's Parliamentary independence. The 6th Geo. I. passed by the English Parliament† claimed the power of British legislation over Ireland, a power which had been exercised long previously. "If that power," said Mr. O'Connell, “so claimed, had really existed, where was the necessity for passing that statute? and while this Act proclaims the slavery of Ireland, it admits the pre-existence of freedom."‡

The nature and effects of Poynings' Act, and the control given to the English Government by its provisions over Irish legislation, are thus concisely stated by Mr. Butt: "To complete our view of the Irish Parliament, we must remember that by an Act of that Parliament itself a most important restriction was placed upon its legislative powers. By an Irish Act of Parliament, passed in the reign of Henry VII., in the year 1495, it was enacted that no bill should be presented to the Irish Parliament until the heads of it had been submitted to the English. Privy Council, and certified as approved of under the Great Seal of England. This law is known as

* "Proceedings of the Home Rule Conference," 1873, p. 8. +6 Geo. I., c. 5 (Eng.).

"Report of the Discussion in the Dublin Corporation on Repeal of the Union," 1843, p. 23.

POYNINGS' ACT.

15

Poynings' Law, from the name of the person who was Lord Deputy when it was passed. This law was a matter entirely distinct from any claim of the English Parliament to legislate for Ireland; it was a law of the Irish Parliament itself, passed by the King, Lords, and Commons of Ireland, deriving its authority from a source entirely independent of the English claim, and continuing in force when that claim was abandoned. The original law required the assent of the English Privy Council to be given to the intended bill before Parliament met. In the reign of Queen Mary it was modified so as to admit of that assent being given while Parliament was sitting; but that assent was still necessary to authorise the introduction of the bill. With this modification the law of Poynings continued in force up to 1782."*

We see, accordingly, that England claimed or exercised direct legislative control in her own Parliament over Ireland; while no Irish bills could become law or, indeed, in strictness, be introduced into the Irish Parliament without the sanction of the English Privy Council.†

"Ireland," says Mr. Froude, "was regarded as a colony to be administered, not for her own benefit, but for the convenience of the mother country."‡

*"Proceedings of the Home Rule Conference," 1873, pp. 8, 9. + For further account of the constitution and powers of the Irish Parliament, see "The Irish Parliament: What it Was, and What it Did," by J. G. Swift MacNeill, published by Cassell & Company, Limited. "English in Ireland," vol. i., p. 178.

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