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As to the privileges of corporations, they appear to be referved as plainly as words can exprefs. For though the fifth article of this commercial treaty, granting a mutual freedom of trade in each country, be materially the fame as it was in the treaty of Utrecht; and though the following words in the latter treaty are left out in the one now concluded, namely, on this condition, however that they shall not fell the fame by retail in fhops, or any where else;' this omiffion, the ground of his apprehenfions, is fupplied by words more conclufive: Neither are they to be burthened with any impofitions or duties on account of the faid freedom of trade, or for any other caufe whatsoever, except thofe which are to be paid for their hips and merchandizes conformably to the regulations of the prefent treaty, or those to which the fubjects of the two contrading parties fhail themselves be liable. Confequently, a Frenchman can no more open a retail fhop in Cheapfide, than an Englishman who is not a member of the corporation of London.
Art. 12. The prefent State of the Church of Ireland: containing a Defcription of its precarious Situation; and the confequent Danger to the Public. Recommended to the ferious Confideration of the Friends of the Proteftant Intereft. To which are fubjoined fome Reflections on the Impracticability of a proper Commutation for Tithes; and a general Account of the Origin and Progress of the Infurrections in Munster. By Richard Lord Bishop of Cloyne. Reprinted from the Dublin Edition. 8vo. 25. Cadell. 1787. The occafion and objects of this reprefentation, are thus explained in the Preface:
My refidence during five months in the centre of those tumults, which have been fo difgraceful and injurious to one province in Ireland, and an extenfive correfpondence with the clergy, afforded me opportunities of knowing facts. It was my official duty to collect, and to communicate them: for fuch a proceeding alone could fpread the necessary alarm to the inhabitants of the more diftant parts of the kingdom, and even of the capital; who were taught to think thofe disturbances of little moment. There was likewife as great a neceffity to take measures for vindicating the character of the national clergy, and afferting their legal and conftitutional rights, as for fecuring their perfons from further violence. A ftate of the church, laid before the public, without referve of any kind, appeared to me the only fure method of removing prejudices; of defeating malevolence; of fruftrating schemes for undermining the conftitution; and clearing away fuch obftructions, as the union of perfons, actuated by thofe different motives, might create, to the good intentions of his Grace the Lord Lieutenant.'
The Bishop enters into a very fenfible and candid inquiry concerning our ecclefiaftical conftitution, which, he contends, is perfectly fuitable to the liberality of our political fyftem of government: and further fhews, that, on a review of the feveral countries in Europe, one cannot fail to obferve, that almost every legiflature has adopted an ecclefiaftical polity, conformable to the genius of the civil conftitution.' At the fame time that he urges the neceflity of fup
porting this polity, he confiders the Roman Catholics, and other Diffenters, as intitled to a full toleration and freedom of religion. But the Catholics are all zealous in making profelytes; and the Prefbyterians of Ireland are Independents in a civil view, whofe principles do not, like thofe of the Roman Catholics, tend to fet up, but merely to pull down an ecclefiaftical establishment.' Hence refults this conclufion, that of the three perfuafions, the members of the established church alone can be cordial friends to the intire conftitution of this realm, with perfect confiftency of principle.'
From this view of the general principles of the two great bodies of Diffenters, it is evident, that though they may acquiefce for a time, in establishments which they diflike, from love of quiet; yet whenever a fafe opportunity fhall offer, to give free fcope, thofe principles will operate. The weight of the national church ought therefore to be preferved, in the balance of the State; which balance must be as effectually deftroyed, by whatever weakens the ecclefiaftical establishment, as by a pofitive addition of ftrength to either of the Diffenting communions. That this is the immediate tendency, if not the premeditated defign, not only of the riotous proceedings in Munfter, but of the principles diffeminated by fome of the public prints, fhall be clearly proved in the following pages.'
This leads the Author to a full inquiry into the nature of tithes as a ftated provifion for the national clergy, in oppofition to the friends to innovation who aim at a reduction of their incomes. The right of the clergy to tithes has indeed been fufficiently agitated; and could we enter again into fo well known a fubject, it would appear that it has never been argued in a more difpaffionate manner, nor the difficulty of fubftituting a fatisfactory equivalent for them been fo fully stated, as in the prefent performance. But ftill nothing that has been faid in behalf of tithes, can obviate an appearance of bearing hard upon induftry. If any thing could, it would perhaps be the argument that they are a provifion adapted to the variations of fertility, rifing and falling according to the fate of crops, and the ability of the farmer; and that if they were relinquifhed, it would not operate to the ease of the farmer, but for the emolument of his landlord.
But, however cogent the objections against tithes may be, the clergy of Ireland do not appear to be an enviable class of men with respect to this mode of maintenance, whatever may be faid of their brethren in more favourable fituations: as will be evident from a comparison between the two churches of England and Ireland.
That of England is completely fettled. That of Ireland is fcarce half advanced to a fettlement.-The country in England is divided into parishes fo fmall, that every district is accommodated with a church, and houfe for a refident minifter. The country in Ireland is divided into parishes and unions fo extenfive, that it is phyfically impoffible for the clergyman to perform his duty properly; and few of thofe parishes are furnished with glebes, and fill fewer with houfes, a defect which an impoverished clergy can never fapply. -The higher ranks of the clergy in England are fupported by the Jands belonging to ancient Chapters, or other religious eftablishments. The ecclefiaftical dignities in Ireland depend on tithes.
In England, the legal rights of the clergy, including tithe of those articles which conftitute the food of the pooreft clafs, are not withheld by mobs, by affociations against law, by arbitrary refolutions of one Houfe of Parliament: In many parts of Ireland, particular kinds of tithes are already given up by the clergy to the violence of the populace, to illegal combinations, to a want of confidence in the oaths of jurymen, and to the dread of difpleafing the House of Commons. In many parts of Ulfter, potatoes, the food of the poor, are totally exempted (as above) from paying tithes; and flax, the material of their industry, is fubject (very wifely and equitably to be fure!) to the payment of fixpence only, let the quantity be great or Small. The landed gentlemen grudge not to the clergy the entire privilege of contributing to the relief, or employment of the poor. But ftill they do not forget entirely, that the clergy could fpare somewhat even to them; for with the fame diftributive juftice they fixed a rate (which they are pleased to ftyle a modus) of 6d. for any quantity of hay, great or Small: by this happy expedient completing that adinirable plan for the depopulation of the kingdom, begun fo hopefully by their reprefentatives in the vote on Agiftment.-In England, tithe in kind is given without murmuring, for in England, property is confidered as a thing facred; and the landed gentleman does not look with indifference on forcible invafions of it, though he allows his tenant a comfortable maintenance. In Ireland the clergyman is reviled, even in the great councils of the nation, as an extortioner, for afking half the value of his tithe; and reprefented as an oppreffor of the poor, because he does not contribute more than half his tenth, to help the cottager to pay an exorbitant rent for the other nine parts; no credit being allowed to him, for giving up his tithe of all the grafs-lands, and feveral other articles, from love of peace, not from ignorance of the legality of the demand. -The afcendency of the established church, and the Proteftant intereft, is fecure in England. Though there are Diffenters of many various denominations, yet their united number is trifling, compared to that of the members of the established church; and they are almost all Protestants. In Ireland, the Proteftants are not one-fourth of the people; the members of the establishment, little more than an eighth. The landed gentleman in England has no reason to apprehend the growth of Popery; nor, fhould it prevail, has he the fame motives to dread it, as the landed gentleman in this kingdom.'
To thefe circumftances is to be added the very great obftacle to an intercourse between the clergy and the people, by the difference of their language; while a Catholic prielt is always at hand who is mafter of the Irish language.
The Bishop gives a circumftantial detail of the fufferings of the clergy under the outrageous combinations that have of late fet all law and government at defiance: but the news-papers have fo plentifully informed us of their exceffes, that our Readers need only affift their recollections with the above recited general state of ecclefiaftical -affairs, to conceive the arduous task of clerical incumbents to fulfil their obligations in fuch irksome circumflances.
The principal obstructions which the national clergy of Ireland duced have to overcome, in order to a due difcharge of their duty, are re
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duced to three; the want of churches, the want of glebes, and the want of an univerfal use of the English tongue: for the remedies, the reverend Author looks to Parliament, in confequence of refolutions already entered into by the House of Commons.
Treating of the agency of Romish miffionaries in fpiriting up the common people to infurrections, the Bishop adverts to the letters of Mr. O'Leary; and though he does not affirm that the writer intends to fow fedition, he ftill thinks them calculated to raise discontent and indignation in the Roman Catholic peafantry, against the national clergy, the legislature, the executive power, and their Proteftant fellow fubjects:' and fuch a tendency is certainly discoverable in the extracts here given from his letters to the White Boys.
N. Art. 13. Obfervations of the Court of Directors on the respective Conduct of Warren Haftings, Efq. Sir John Clavering, K. B. Colonel George Monfon, Richard Barwell, and Philip Francis, Efqrs. in the Service of the Honourable Eaft India Company. 4to.
This pamphlet is not what the title is calculated to make it feem, an exprefs publication of the Court of Directors deciding on the conduct of thefe gentlemen; but a number of extracts from the official letters of t. Court to the prefidency of Bengal, cenfuring the conduct of Meffrs. Haftings and Barwell on particular occafions: and, as might be expected, commending the oppofition of the other parties above named. They are obviously now brought into one collective view to meet a favourable feason. N. Art. 14. Original Letters from Warren Haflings, Efq. Sir Eyre Coote, K. B. and Richard Barwell, Efq. to Sir Thomas Rumbold, Bart. and Lord Macartney, K. B. 8vo. Is. 6d. Debrett. 1787. These letters, by the aid of Italics, and fhort notes to particular paffages, are made to co-operate in the fame purpose with the preceding Obfervations; that of fhewing the difagreements between Mr. Haftings and his colleagues, with the occafions on his part. N. Art. 15. An Appeal to the People of England and Scotland in Behalf of Warren Haftings, Efq. 8vo. 1s. 6d. Debrett 1787. This appeal from the fenate houfe to the fire fide is a very well written apology for Mr. Haftings. It pleads the emergency of circumftances and manners of the people, in extenuation of the measures they dictated, principally with refpect to the two Begums. It is probably the work of the Governor General's vigilant and well known friend who manages the argumentum ad hominem very dexterously against his accufers.
The reafoning in behalf of Mr. Haftings is fo far juft, as to fhew, that it would be cruel to try his conduct in Indoftan according to the ftrict code of religion, morality, and the customs of this country. For if we affume a dominion over a people, whofe modes of thinking and customs differ materially from ours, it is to be maintained by adapting our adminiftration to their apprehenfions, and not to the appre henfions of people in this country. Thus, for instance, any particular tranfaction may meet with a harsh cenfure here; yet if it anfwers
* Since disavowed by Major bott, who
says the appeal was written by Dr Thomson, litor of Cunninghan's History.
fwers a good purpose, without violating their ideas of government, it is clearly meritorious.
The conduct of a British Chief in peculiar fituations, is therefore rather to be estimated by the general outline of his fuccefs, an estimation on the spot, than by minute fcrutinies into detached inftances here. If this be not found doctrine, it must be abfurd to grasp Indian fceptres; and it would be more to our credit to lay them down, than to fuffer them to be wretted out of our feeble hands
N. Art. 16. The real Situation of the Eaft-India Company confidered, with respect to their Rights and Privileges, under the Operation of the late Acts of Parliament, eftablishing a Board of Controul and a Committee of Secrecy. By George Tierney, Efq; 8vo. 25. Debrett. 1787.
By the late ftatute to regulate the Eaft-India Company, the King was impowered to appoint fix privy-counsellors, of whom, the Chancellor of the Exchequer, and one of the Secretaries of State are to be two, as commiffioners to fuperintend and controul all meafures of the Court of Directors, any wife relating to the civil or military government, and revenues, of the British territorial poffeffions in India. In confequence, all dispatches to and from India, relating to thefe objects are to be fubmitted to the Board of Controul; whofe orders the Directors of the company are bound to obey.
If the Court of Directors receive orders from the Board of Controul, relating to points unconnected, in their opinion, with civil or military government or revenues; they may appeal to the King in council, by petition, for a final decifion.
If the Board of Controul deem the object of their deliberations concerning the making war or peace, or negociating with any of the native princes or ftates in India, to require fecrecy, they may tranfmit their orders to India through the medium of the fecret committee of three Directors, who are to fend them without disclosing their contents and the Prefidencies are to obey them, and return their anfwers in like confidential manner.
The power of appointing and difmiffing fervants of the Company, is referved to the Directors.
Such is the general plan under which the affairs of the Company are at prefent managed; and the writer now before us remarks, That the trade of the Company may be ably carried on by twenty-four gentlemen, afting in concert with, and under the direction of a fuperior Board, I can readily conceive; but to fuppofe it can continue to thrive under the management of a fet of men who have no authority, acting in oppofition to a Board who have the entire fuperintendance of all our territories in India, who have the right of making war and peace, the arrangement of all matters of revenue, and the office of negociating with every power in the country from whence this trade is to flow, is a pofition which I fhould beg leave to queflion. It is to be confidered, that our connection with India ftands upon a very different footing from what it originally did. Commerce and territory are now fo intimately blended, that their respective confequence muft, perhaps, entirely depend on their united exertions,"