СНАР. Х. bestowed upon his competitor a local inquisition: an uncertain and unequal measure of justice fraud and favouritism daily and openly practised to his prejudice. Corporations oppressive. Ante, ch. 3. Instance. Dublin-in Trade. In the city of Dublin, for instance, the number of corporate offices, from which the Sect. 2 and 3. Catholics are by direct law excluded, has been shewn to amount to about 250-besides an equal number of dependant offices. These 500 merCorporation of chants, tradesmen, and their dependants, borrow jurious to fair a character of superior credit, honour, and power from this exclusion of their Catholic competitors. Nor is this artificial rank unsubstantial. The name of civic honours lends credit and recommendation to the trader-and procures lucrative support. If he vote prudently in the common council, or guild-he is, perhaps, rewarded by some beneficial contract for goodsor by an order from a public Board--which bestows affluence upon him for life. Thus a Protestant baker, cutler, sadler, gunsmith, tinman, brewer, builder, printer or stationer, chandler, &c.—may find a by-path to richeswholly inaccessible to a Catholic. Lucrative con tracts. Such is the profuse distribution of publie money in Ireland, that lucrative orders and contracts may readily be carved out for each privileged Corporator-whilst the less favoured Catholic tradesman is compelled to CHAP. X. remain a tame, and silent, spectator of this mo nopolizing system. exposed to persecution. 1797-9. 3. The intolerance of these Penal Catholic Merchants, Traders, Laws furnishes improper facilities for dis- &c.—peculiarly crediting and oppressing Catholic merchants oppression and and tradesmen-and thus exposes them to continual hazards. In seasons of public commotion, this mischief operates severely and extensively. The Catholic, by reason of his religion, is marked as an object of suspicion (real or feigned) his loyalty and good conduct are maligned, and his credit whispered away. It Instances in is notorious that, in the years 1797, 1798, and 1799, very many Catholic traders and shopkeepers were wrongfully arrested, imprisoned, and persecuted with every severity—which they might have avoided, had they been Protestants. In consequence, their credit declined, their affairs fell into confusion, and at length they found themselves cruelly hurled from affluence to beggary. The persecutors of these innocent and deserving men found refuge in Acts of in- Acts of Indent demnity-which confounded all distinctions between right and wrong, guilt and innocenceand left the ruined Catholic and his family without redress or remuneration. nity. CHAP. X. chants, Traders, &c. What has thus occurred, may possibly occur Dangers to Ca-again-a consideration, ever present to the minds tholic Mer- of Creditors. Those especially, who reside in England, may be easily induced to believe that every Catholic in Ireland, without distinction of property or character, must be a rebel-and may probably become a prisoner, and an insolvent. Bank Directors. Bank of Ireland, 21 and 22 Charter, excluding Catholics. 33 Beo. 3.c.21. Sect. 1. 3. Catholics are, also, excluded "from the offices of Governors and Directors " of the Bank of Ireland." In 1782, this Bank was established by virtue of a royal charter, incorporating its proprietors, and confirmed by Act of Parliament, The Charter (which in this respect corresponds with that of the Bank of England) directs, "that "no person shall act as a Governor, Deputy "Governor, or Director of this Corporation, "unless he shall have previously taken and subscribed the Oaths of allegiance, supremacy, and abjuration, and the Declaration against "transubstantiation, the mass, invocation of "saints, &c." [This declaration, and the oath of supremacy are, it is well known, incompatible with the religious tenets of Catholics.] In 1793, it was avowedly intended to render Catholics eligible, by Law, to these situations: of 1793-respecting the but, through the omission (whether inadvertent CHAP. X. or intentional) of a single word, Charter," Error in Statute in the Statute then passed, this intention has been frustrated and the Catholics have, to this office of Bank day, remained excluded. The preamble of this Act, indeed, appears sufficiently declaratory of a liberal intention, viz. 66 Director. "Whereas various Acts of Parliament have Statute of 1793. been passed, imposing on his Majesty's sub Sect. I. jects, professing the Catholic religion, many 33 Geo. 3. restraints and disabilities, to which other subjects of this realm are not liable-and, f from the peaceable and loyal demeanor of his Majesty's Catholic subjects, it is fit that such ¶ restraints and disabilities shall be disconti"nued." clauses. It then enacts, "That his Majesty's Catholic Enabling subjects shall not be liable or subject to any penalties, forfeitures, disabilities, or inca"pacities, &c, save such as his Majesty's "Protestant subjects are liable and subject sto. It further enacts," That it shall and may be scct. 2. "lawful for Catholics to hold any office or "place in, and to be a member of, any lay "body corporate [except Dublin college] without taking or subscribing the oaths and CHAP. X. Bank Directors. 1795. Opinions of sonby-upon of this Act. "declaration, &c. &c., and without receiving "the sacrament, &c.-any law, statute, or "by-law of any corporation to the contrary "notwithstanding.” Such are the passages which affect this subject. The Statute contains several exceptions from the general remedial words, and prescribes certain conditions-but no other phrase appears in it, relating to the Bank of Ireland, During the short, but highly popular, admiWolfe and Pon- nistration of Earl Fitzwilliam in 1795, the the construction Directors of this bank expressed a willingness to receive into the direction a few Catholic Merchants-but, some doubts having arisen upon the construction of this statute of 1793, they resorted to the opinions of eminent lawyers for their guidance. Messrs. Burston, Wolfe (then Attorney General), and George Ponsonby (since Chancellor), were therefore consulted; and it appearing, that Mr. Burston construed the statute of 1793 liberally, whilst Messrs. Wolfe and Ponsonby construed it strictly, and unfavourably towards the Catholics-the Directors finally determined to abide by the opinion of the majorityand have since accordingly acted under the impression, that the Catholics are legally in eligible. |