The Sun.
London, England, 1846-12-28 00:00:00

`'SIXTH ARTICLE OF THE UNION.

(From the Leinster Express.)
.A 1 a recent sessions in the county of Monaghan, Mr.
Hercules Ellis applied to register a claimant for the
elietive franchise, upon a 40's. freehold interest. The
.10Liqualification being the lowest recognised in this
country, under the Irish Reform Act, such an applica-
tion is quite novel ; but Mr. Ellis founded the right of
his client upon the Sixth Article of the Legislative
Union between Great Britain and Ireland, which pro-
vides that " the subjects of Great Britain and Ireland
should be entitled to the same privileges, and be on the
same footing, with respect to all rights and advantages at
home and abroad." Whether the " privileges" conferred
by the above enactment provide equal political rights
for the people of the United Kingdom, we must leave to
others more learned in the law ; we are. however, dis-
posed to think that the.passage more, directly refers to
the trade and commerce of the two countries, and upon
this point, our readers will recollect that we have upon
several occasions cited this very article of the Union, in
support of the claims of the Irish distillers, and similar
questions, wherein the traffic of this country has been
seriously obstructed. To Mr. Ellis must be awarded the
credit of having brought this important subject under
consideration, and we are informed that it is the inten-
tion of the learned gentleman, to submitthe ease to the
discussion of the HouSe of Lords during the ensuing
session of Parliament. , . • .

It is strange if such a provision had been made at the
union, 47 years ago, that so little has been said of the
matter ; and we are inclined to think that the terms of
the sixth article are two vague and general to be made
applicable to Mr. Ellis's construction.of its tendency: It
will be recollected, that a short time previous to the
Roman Catholic Emancipation Act, the 4145. qualifies.
tion waipossessed by the Irish electors, and that a -spe-
cifie Act of Parliament—in the necessity of which, by
the way, no person more fully concurred than Mr.
O'COnnell—disfranchised this class of our constituency.:.
even subsequent to that period; in '32, the Legislature
; passed a special Act upon the subject, and defined—al-
' thOugh very clumsily—the franchise under the Reform
Act. If there be any weight in Mr. Ellis's arguments,
it occurs to us that the Imperial Parliamenthad nopower
to make a distinction between any portion of the subjects
of the " United Kingdem of Great Britain and Ireland,"
and if he can support this view of the question, all the
Acts which have been specially directed to Ireland, bear-
ing a singular tendency, must be rendered a dead letter :
the laws relating to the Irish Church, in the reduction of
'her bishops, and 25 per cent. of her income, must come
'under the same clause,.as well as the Corporation Act,
'the Arms Act, the Marriage Act, and various others: in
short we might add, that the word ("Ireland ") invari-
ably inserted at the headingof every Bill, brought before
the Legislature, bearing reference to this country,
should be expunged, and thus every clause, from the
preamble to the conclusion, must be " left out."
Of course our observations merely apply to the ten-
dency of Mr. Ellis's arguments: with reference to their
law or justice, we do not at present offer any opinion,
further than a plain common sense view of the bearings
of the case; and so far as our judgment and experience
warrant us in the conviction, that as both countries are
circumstanced, there must be a distinction made in Acts
of Parliament iu reference to their relative necessities.
We sincerely wish it were otherwise, and that " the
Union" could be established upon that basis which would
bind us equally in our several relations with the State.
In fact, therb should not be any distinction; and we be-
lieve the day is not far distant when the same "privileges"
must be conferred upon all the people of the United
Kingdom. We are not disciples of that system of Rip Van
Winkleism which would retain " things as they are."
We cannot close our eyes to passing events, and the in-
fluences of the altered circumstances of the times, upon
society: we, desire to qualify the people of this country
for every privilege which our liberal and enlightened
constitution confers, by inspiring a more exalted and
independent spirit amongst them, and by inciting them
to devote more attention to those industrial pursuits and
"arts of peace," which must best entitle them to the
exercise of those political privileges, which all who con-
tribute to the welfare of the State have an equal right to
enjoy. Of late years—particularly since the temperance
movement—it cannot be denied that the moral condition
of the Irish people—making allowance for those agrarian
offences incidental, to the wretched condition of.the pea-
santry, and the over-competition for land—may be com-
pared with advantage to the state of any country; and
it is this feeling, more than any other, which would'
inspire us with confidence. Their social condition can
Only be ameliorated by suitable exertions on the part of
those whose best interests are identified with the im-
provement of the country, aided by that mutual confi-
dence between the different classes, without which the
best efforts must prove fruitless.
Sir Robert Peel, in resigning his place as first Minis-
ter of the Crown, declared his conviction that this
country could no longer be successfully governed by
party influence, and he avowed his desire to legislate
for Ireland upon precisely the same principle as regards
the " privileges" of the people as for England and Scot-
land. Mr. Eltis's proposition is peculiarly calculded to
have those rights defined, and as the subject is likely to
suing session, we give the arguments advanced by the
Learned Gentleman, as reported in the Northern
Standard :

Counsellor Ellis—To enforce my client's right to the
elective franchise, it will be necessary to establish the
four following propositions:—First, that the treaty of
the Union forms the written constitution, and supreme
laws of the c3untry; revoking all opposing statutes;
second, that by the sixth article of Union, her Majesty's
subjects of Great Britain and eland are entitled to the
same privilege; third, that my client is the owrer in fee.
and occupier of land in this county, of the yearly value
of forty shillings; fourth, that a similar owner and
occupier in England is entitled to the elective franchise.
The last two of these propositions I have proved by evi-
dence—the first two I shall endeavour to demonstrate by
argument. If I shall succeed in doing so it necessarily
follows, that my client is entitled to the elective franchise.
For, if a supreme law gives to the inhabitants of this
country, as their right, all privileges enjoyed by the
inhabitants of England, then is my client, by virtue of
his qualification as a forty•shilling freeholder in fee, en-
titled to the elective franchise in this country. My client's
right altogether depends upon the construction of the Act
of Union. I shall, therefore, ba obliged to observe upon
the origin, nature and constitution of that Act. For sonic
time prior to the year 1800, no power on earth (to
use the words of the declaration of Irish rights) had
authority to bind the people of this country, except the
King, Lords, and Commons of Ireland. In that year a
treaty wss entered into and concluded, for the purpos' of
uniting the kingdoms of Great Britain and Ireland into
one kingdom. This treaty is commonly called the Act
of Union. This instrument is not, however, a mere Act
of Parliament, but a treaty—it is so expressly termed in
the second paragraph of the fourth article, which runs
thus:—" That such Act as shall be passed to regulate the
mode by which the Lords Spiritual and Temporal, and
he Commons to serve in the Parliament of the United
Kingdom shall be summoned and returned, shall be con-
sidered as forming part of the treaty of Union," No
other Act of Parliament is styled a treaty. What is the
meaning of the word treaty? It does not signify a law
enacted by a governing body, to bind its subjects, but it,
means a compact entered into between co-ordinate and
sovereign powers, The co- ordinate and sovereign
powers who were parties to the treaty of Union were
the separate and independent Kingdoms of Great
Britain and Ireland, represented respectively by
the King, Lords, and Commons of each kingdom. The
treaty of Union commences with the following recital:—
" Whereas. in pursuance of his Majesty's most gracious
recommendation to the two Houses of Parliament in
Great Britain and Ireland respectively, to consider of
such measures as might best tend to strengthen and con-
solidate the connexion between the two kingdoms, the
two Houses of Parliament of Great Britain, and the
two of Parliament of Ireland, have severally
agreed and revived,. that in order to promote and secure
the essential interests of Great Britain and Ireland,
and d to consolidate the strength, power, and resources of
he British empire, it will be advisable to concur in such
t measuresas may best tend to unite the two kingdoms of
Britain lreland a
ni ndt oc onidi t ko
ni ns gad:
rom
a,
yi nb
es uecsh.
tablished y
ance of the said resolution, both Houses of the said two
manner°reat a
Parliaments respectwe y, have likewise agreed upon cer-
tain Great Britain and Acts of the respective Parliaments of
Ireland. And whereas, in further-
ance on
asnudch
following." Immediately after
purposes in the tenor
articles for e
this recital, the treaty sets out the articles of union,
tides were first settled by
to England as the terms
eight in number. These ar
the Irish Parliament, and sent
Ireland would consent to be
united to England.
and conditions upon which
effectuating and establishing the said
England accepted these conditions
with some slight alterations. Ireland agreed to these
alterations, and confirmed the articles so altered. The
articles of Union thus became matters of stipulation and
bargain between the two independent
kingdoms of
Great Britain and Ireland. Great Britain solemnly
ce of these terms
pledged herself to an exact observance
and conditions, and Ireland confiding in this solemn
pledge,
attimefully
consented
competenttothe toreject.
union ich she was at
th
These articles
contain a great number of covenants of a temporary
nature, which in certain events, or after a certain space
of time, the United Parliament was, by special provi-
sions, empowered to repeal. The covenants for the
alteration or repeal of which no provision is made in
the treaty of Union, are shortly these:—The first ar-
ticle declares that the kingdoms of Great Britain and
Ireland shall be for ever united into one kingdom. The
second article settles the succession to the crown of
the United Kingdom. The third article declares that
the United Kingdom should be represented in one and
the same Parliament. The fourth article (together
with the Representation Act, which, as I have already
mentioned, formed a part of the treaty of Union), settled
the number of Lords and Commons who should sit
in the United Parliament, and the manner of their
election. The fifth article united the Established
Churches of England and Ireland, and declared that the
doctrine, worship, discipline, and government of the
united church should remain as they were at that time
established for the Church of England; and also that the

Church of Scotland should be preserved as at that time
established. The sixth article declared that the sub-
jects of Great Britain and Ireland should be en-
titled to the same privileges, and be on the same