Ireland since I have been here. But I much
fear that the alarm among the Bar, upon a point which affects
their private interests as well as their national pride, will
have prevented, or in great measure impeded its being signed.
The only grounds that you can take, as far at least as I can
see, are those which I have desired Townshend to insert in his
answer. The Bill of Exceptions was certified from an Irish
Court. It has been depending eighteen months. The objection to
the jurisdiction was never started. The King's Bench in Ireland
either has been applied to or will be so next Term, to grant a
writ of possession on the affirmance of the English Court. This
will of course be denied them, and the whole English proceeding
treated as waste paper. No Judge will allow--no sheriff will
execute, any English process. No man will again be so absurd as
to subject himself to a considerable expense to obtain a
judgment of no more effect than the decisions of a Prussian
court-martial would be as to a question of property here.
Still, however, I am far from being insensible to the clamour
which will be raised, and to the advantage which will be taken
of the opinion of the Court here, that their jurisdiction still
remains, notwithstanding the Irish Act to the contrary. Possibly
you may find it necessary to hold out some solution; and perhaps
you will think the opportunity is not a bad one to cut the
ground still more decisively from under Mr. Flood's feet than
even by the proposed resolutions. What I mean is, the passing a
bill here which should in the preamble declare the repeal to
have been a renunciation of the rights formerly exercised by
this kingdom over Ireland, and should enact that _therefore_ for
the future, no writ of error, &c., &c., should be received,
signed or determined in any of the King's Courts of Justice in
this country. If this idea should please you, it might be done
immediately, and you might settle the words with Yelverton or
Burgh.
If you think this too like a concession, you might hold out the
idea of an Act to be passed in Ireland, inflicting the penalties
of a _praemunire_ against any persons seeking justice out of the
kingdom; in imitation of the old statutes against ecclesiastics
applying to the papal authority.
Lord Shelburne threw out to me the o
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