As the most effectual method of collecting the sense of the Catholic body, and laying it before the king and parliament, a general committee from that body was formed, for the purpose of making application to the legislature, from time to time, on the subject of their grievance, and praying that redress, to which their loyalty and attachment to their sovereign, and obedience to the laws, justly entitled them.

In the last session of parliament, the general committee, as individuals, did on behalf of themselves and their brethren, present a petition to parliament, praying relief, which petition was, with circumstances of unprecedented severity, rejected; and as one of the many causes of said rejection, it was alleged, that the persons whose names were affixed to said petition were a faction, unconnected with and incompetent to speak the sense of the Catholics of Ireland. In order to obviate every such objection in future, the general committee framed a plan, which is sent herewith, for. the purpose of procuring the attendance of such persons from each county as were best acquainted with the sentiments, and could best declare the voice of the Catholics of Ireland, who should be by them deputed as delegates to the general committee, with instructions to support the said committee, as the voice of the Catholics, by whom they were departed. “That an "humble representation be made to their gracious sovereign, and "to parliament, of the many severe laws which oppress his ma"jesty's faithful subjects the Catholics of Ireland, although no "cause founded in wisdom or policy is assigned for their continu"ance, imploring it as essential to their protection, and to secure "an impartial distribution of justice in their favour, that they may be restored to the elective franchise, and an equal partici"pation in the benefits of the trial by jury."

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Charges and insinuations of a very heavy nature have been thrown out, and menaces used by many bodies of men, and individuals, to prevent the carrying the above plan into execution, under a pretence that it is contrary to law, and that the meeting projected therein would be a popish congress, formed for the purpose of overawing the legislature.

The general committee, abhorring and utterly renouncing such imputations, and desiring to regulate their conduct in strict conformity to law, request your opinion upon the following queries:

1st. Have his majesty's subjects of Ireland, professing the Roman Catholic religion, a right to petition his majesty and the legislature for the redress of grievances, equally with Protestants; and if not, wherein do they differ?

2d. If they have this right, may they lawfully choose delegates, for the purpose of framing such petition, and presenting the same,

in a peaceable and respectful manner; and if they may not, by what law or statute are they forbidden to do so?

3d. Is a meeting for the purpose of choosing such delegates an unlawful assembly; and if not an unlawful assembly, has any magistrate or other person by or under pretence of the Riot Act, or any other, and what statute, a right to disperse said meeting?

4th. What is the legal mode of presenting petitions to the legislature in Ireland; and is there any, and what statute upon that point in this country?

5th. Is the plan sent herewith agreeable to law; if not, wherein is it contrary thereto, and to what penalties would persons become subject, who should carry, or attempt to carry, the same into effect?

Counsel will please to state the authorities upon which he grounds his opinion.

Answer to the 1st question.-I am clearly and decidedly of opinion, that all and every his majesty's subjects of this kingdom, of every persuasion, Roman Catholic as well as Protestant, have an unalienable right to petition, in a peaceable manner, the king or either house of parliament, for redress of grievances, be those grievances real or imaginary.-1st Black. Comm. p. 143.

Answer to the 2d question.-I am clearly and decidedly of opinion, that Roman Catholics have, equally with Protestants, a right to choose delegates for the purpose of framing such petition, and presenting the same in a peaceable and respectful manner to the legislature, and that they are not forbidden so to do by any law or statute whatsoever. Delegation has always been considered not only as the most effectual mode of obtaining the general sense, but also as the best security against tumult and disturbance.

Answer to the 3d question.—I am also clearly and decidedly of opinion, that a peaceable meeting for the purpose of choosing such delegates, is a lawful assembly, and that no magistrate or other person, by or under pretence of the riot act or any other statute, has a right to disperse such meeting. The assembly which may be dispersed under the authority of the riot act, must be unlawful, riotous, tumultuous, and in disturbance of the public peace. The act is inoperative upon an assembly that is lawful; and I feel no difficulty in declaring my opinion, that an obstruc tion of the peaceable exercise of an unalienable right of the subject, is a misdemeanor of the greatest magnitude, and that any person charged with the guilt thereof, be his rank or station what it may, is indictable, and, if found guilty by his country, liable to be fined and imprisoned; and I also feel no difficulty in declaring my opinion, that publications charging the general committee with

exciting in the instance before us, unlawful assemblies for seditious purposes, are libels, and as such are indictable and actionable.

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Answer to the 4th question.-By the English statute of the 1st William and Mary, St. 2. Ch. II. commonly called the Bill of Rights, and which being a law declaratory of the rights of the subject, is therefore of force in Ireland, it is declared," that all "subjects have a right to petition to the king, and that all com"mitments and prosecutions for such petitioning are illegal." Notwithstanding the Bill of Rights is general, and does not specify any regulations or restrictions, yet the court of king's bench in England, in the case of the king against lord George Gordon (Douglass, p. 571.) thought proper to deliver an opinion, that it did not repeal the English act of the 13th Car. II. St. I. Ch. 5, which enacted, “ that no petition to the king, or either house of parlia"ment, for any alteration in the church or state, shall be signed "by above twenty persons, unless the matter thereof be approv"ed by three justices of the peace, or the major part of the grand "jury, in the country, and in London, by the lord mayor, alder"men, and common council: nor shall any petition be present❝ed by more than ten persons at a time." Under the above authority, therefore, the right of petitioning in England is subject to the regulations and restrictions laid upon it by that act of Charles II. But as neither the act of Charles, nor any one similar to it, is in force in Ireland, the right of the Irish subjects to petition their legislature is not subject to any regulation or restriction whatsoever, save only that due care must be taken, lest, under the pretence of petitioning, the subject be guilty of any riot or tumult. I am therefore of opinion, that no particular mode of presenting petitions to the legislature of Ireland is pointed out by any law or statute of force in this kingdom. It is to be observed, that in the last sessions of parliament, a great concourse of people assembled in the Park, framed a petition, and deputed a very large number of their body to present it to the House of Lords: the lord chancellor, in observing upon the petition, did not charge the petitioners with any illegality, either in assembling to frame, or in presenting the petition, but on the contrary, his lordship was pleased to commend them for the peaceable manner in which they deported themselves. The success which attended the petition, is in the recollection of most people.

Answer to the 5th question.-I am also clearly and decidedly of opinion, that the plan is in every respect agreeable to law, and that persons, peaceably carrying, or attempting to carry the same into effect, would not thereby incur any penalty whatsoever. The plan is indeed unexceptionable; while it serves effectually to

obtain the general'sense of the great Catholic body of Ireland, it provides every precaution against tumult and disturbance.

September 3, 1792.

SIMON BUTLER.

I. His majesty's subjects of Ireland, professing the Roman Catholic religion, have, in my opinion, a right to petition his majesty and the two houses of parliament, or any of them, for the redress of grievances, equally with Protestants.

II, As they have this right, it follows, as I conceive, that, where the grievance complained of affects the whole body, they have also a right to collect the sense of every individual of that body; but as the assembling them all for that purpose would be inconvenient, imprudent, and perhaps dangerous, I think the sense of the whole body may be collected from a smaller number, delegated by them for that purpose, who may frame and present such petition; and I know of no principle of the common law, nor of any statute, by which they are forbidden to do so, it being always supposed that these proceedings are carried on in a peaceable and respectful manner.

III. I do not apprehend that a number of Roman Catholics, meeting in a private, peaceable, and quiet manner, for the sole purpose of declaring their sense of the alleged grievances, and their desire of petitioning the legislature for redress, and of choosing out of themselves, one or more, to assist in framing and presenting such petition, can be considered as an unlawful assembly; and I do not think that any magistrate, or other person, by or under pretence of the riot act, or any other act that I am acquainted with, would have a right to disperse such meeting.

IV. I do not know of any statute in this kingdom which regu lates the mode of presenting petitions to the legislature of this kingdom; the English statute of 13th Car. II. St. V. Ch. 2d. has not been enacted here, that I know of; but the general law of the land requires that the petition should be presented in the most respectful and peaceable manner. The intended petition, as I apprehend, should be entitled the petition of his majesty's subjects of Ireland professing the Roman Catholic religion; and should be signed by a few of the Roman Catholics of each county and principal city in Ireland, on behalf of themselves and their Roman Catholic brethren of that county or city. According to the forms of parliament here, the petition must be presented to each house, by a member of that house; in presenting the petition to his majesty, which may be either to himself in person, or through the medium of the lord' lieutenant, it would I think be prudent to follow the directions of the English statute above mentioned, and that not more than ten persons should present it.

V. From what I have already said, I must be of opinion, that the plan sent herewith to me, is not contrary to law, and I cannot conceive that persons carrying, or attempting to carry it into effect, peaceably and quietly, would become subject to any penal

ties.

I have grounded my opinion upon the conception I have formed of the law and constitution of this kingdom, from that general research which my profession has led me to make into their principles; I have not therefore any authorities to state.

13th September, 1792.

BERESFORD BURSTON.

No. XCIII.

CIRCULAR LETTER ADDRESSED TO THE CATHOLIC GENTLEMEN OF THE KINGDOM OF IRELAND, WITH A PLAN FOR ELECTING DELEGATES....PAGE 47.

SIR,

THIS letter with the plan which accompanies it, is transmitted to you, by order of the sub-committee. You will perceive that the object of this plan is to procure a fuller attendance of country gentlemen, to assist, by their advice and influence, the measures adopted by the committee to procure for the Catholics the elective franchise, and an equal participation of the benefits of the trial by jury. You will please to lose no time in submitting this to the respectable Catholics of your county. You will please also to inform them, that several respectable independent country gentlemen, lately in Dublin, had frequent consultations, for the laudable purpose of re-uniting to the committee lord Fingal, and the other gentlemen who had withdrawn themselves from it. These country gentlemen had the satisfaction to find, that the general committee on one side, and the gentlemen who had entered into separate addresses on the other, mutually regretted their division; which they saw was used by the opponents of the Catholics, as a pretext for withholding from our people the elective franchise, and an equal participation of the benefits of the trial by jury. It is on all sides agreed, that if the Catholics are all united in this just and reasonable request, essential to the very existence of our people, there will be a certainty of success; it depends then on ourselves whether we shall be— freemen or slaves! We say, essential to the very existence of our