r- :a
--. .. - . . . -
I
ther from England. According to thisfcheme
the 22d, the noufc in a grandcommittee, ton
fidered the prefent laws with refpedt to draw
backs upon tobaccoes, muflins, and Eaft India
filks, carried to Ireland ; and xame to two
refolutibns, which were reported the next
d ay, and with an amendment to one of them
Agreed to by the houfe, as folio ws viz. I j
;Tftartlffee:p
ba c k o n tub a ceo t u be ex ported from Great-
Britain for Ireland, be tjken off.
This parliamentary power muft have . fome
bounds, even as to Ireland as well as the
colonies, who are admitted to be fubordiriate
cb initio to Great-Britain not as cWquefedy
but-as rara'fubjels.- If this aSl (hould be
faid to be a declaration not tnlyof the general,
but of the univerfal power of parliament, and
that they may tax Ireland, I a(k, Why it has
iTVyer been done LIf it had been -dohe-a'-thoiiV;
fpd tiniesitjrouldlbe acontraiftion to the
prin ciples-6f-a Tfree goverrimen t ; and vvh at is
rr-! JTart: C lTefa. i d-fi o rril ri i o n of the drawback worfe, deflroy all fubordination confiftent with
16 fay
dotakeef&
land, after the 2h-of March 1713, and conti
nue until the additional duty of three pence
half penny per pound upon tobacco in Ireland,
expiring on the faid 24th of March bc: regrant-:
W7 And6rdered bill tobt brou
the parliament is abfolute and : arbi
, is a contradiction. The parliament
cannot make
2M: 2 5 :
Omnipotency
Ithe f lidrcfolutions.
; Proceedings of Houfe of Commons.
This was con (titutional ; thcre isUn in firii te
difference between taking off Bririfh draw-
. b ac k , a n d i nip 0 fing Irifli or other Provincial
cann ot d o it, T h e f up r e m e p 0 we r- i n a ftate,
hjujl dicere ohy:juJi dare, ftriftly fpeak1hg,:
betanlone-to-G
all cafes to declare vvhut is for the good of the
whole ; but it U not the declaration pi parlia
ment that makes itfo : There muft be in every
lnftance, a higher authority, viz. G O D.
utics.
" Ireland is confi Jered as a provincial go-
Realm of f England ," Mich 11 V G. 2. in
qife of Out way and Ramfay " Ats of
parliament made here, (i.;e in England) ex
te n d not to I reland, un lefs particularly, nam
ed ; m uch lefs, judgments obtained in the courts
here ; nor is if poffible tliey fhould, becaufe
e have no ofiicers to carry them into execu-
vtioh "thcfei,-,'-'';
Shouldiinatof"parliameht;b
bis natural lavs, which are immutably true,
their. Ace la ratio n wo uldbe con tra ry to eternal;
truth, equity and juftice and confequeritly"
void ; and fo it v,rouIdbeadjudged by the par
liament i'tfelf," when convinced of their mif
take. Upon this great principle, parliaments
repeal fuch afits, as Toon as they find they have
been miftaken, in having declared them to be
for the public 2oodv when in fadl therwere
w - , -
x The firft part.feems to be applicable to the
t:iaHfiti5hs7'ifi:':i
by reafon of charter refer vatiqns and particular
acts or parliament, lome judgments in inguna
not fo. When fuch miftake is evident and
palpable, as in the ihftanccs in the appendix,
the judges of the executive courts have declared
the aft " , of a whole parliament void." . See
here the crandeur of the Britifh conftitutidn"!
mav:-be-executed Her an'ceftors ! Thefu
,J - , . - . : - -i " , -
fore his Majefty in council on a1 plantation ap- ' preme legiflative the fupreme executive
peal, and fo from the admiralty. area perpetual check and balance to each
, otner. 11 trie lupreme execuuve. errs, u is
informed by the fupreme legiflative in parlia
ment : If the fupreme legiflative errs,' it is 111-
formedy:thei:fupreme:executivin therKing?s
It feems to have been difputed jn Ireland, fo
lately as the,6 Geo. 1. WJiether any aft of
the Britifli parliament bound Ireland ; or at
as reprefented - by his judges, in the higheft
re and majefty, as fupreme executor of the
right of the'Britifh pirliament to bind Ireland,
was in danger of being lhaken : 1 his, I pre
fume occafioned the a2l of that vear,i which de-
clares, that u the kingdom of Ireland ought to commonwealth ; and he never (hints brighter,
belubrdinateiunto-aud-dependenfc
Imnerial Grown of Great-Britaihi as beinG: in-7 Jesiflative. This is government ! This, is a
---r r . ' - -J . w. . .. ".
feparably united thereto. And the King's Majef
ty, with the confenrbf theMords and commons
of G reat-B r i ta i n in p ix 1 i a m en tjut h power, to"
make laws to
thp
eo
conltitutionf! to prefcrve whichV either -from "
foreign or d 0 m e it i c fcies, ;h as co (t'oceansTdf4
blood and trcafuTe in 'tsxyXX
and the treafure have upon the whole been well.