CHAPTER VII.

Half an hour passed--an hour--and yet the conversation was flowing on

as briskly as ever. Mr Bill Whalley had explained the exact difference

between Norway and Canada timber, greatly to Miss Emily's

satisfaction; and Miss Sophia had again and again expressed her

determination to leave the house the moment Miss Hendy entered it; and

both the young ladies had related the energetic language in which they

had expressed this resolution to their father, and threatened him with

immediate desertion if he didn't cut that horrid old schoolmistress at

once. The same speeches about happiness and simple cottages, with

peace and contentment, had been made a dozen time over by all parties,

when the great clock in the hall--a Dutch pendule, inserted in a

statue of Time--struck three o'clock, and at the same moment a loud

rap was heard at the front door.

"Who can it be?" exclaimed Miss Sophia. "It isn't papa's knock;"--and

hiding her face in the thick hydrangia which filled the drawing-room

window, she gazed down to catch a glimpse of the entrance steps. She

only saw the top of a large wooden case, and the white hat of a

gentleman who rested his hand on the burden, and was giving directions

to the bearers to be very careful how they carried it up stairs.

Mr Whalley started up, as did Mr Sidsby, in no small alarm. "I

wouldn't be found here for half-a-crown," said the former gentleman:

"old father would shake his head into a reg'lar palsy if he knew I was

philandering here, when the Riga brig is unloading at the wharf."

"Let us go into the back drawing-room," suggested one of the young

ladies, "and you can get out quite easily when the parcel, whatever it

is, is delivered." They accordingly retired to the back drawing-room,

and in a few minutes had the satisfaction of hearing heavy steps on

the stairs, and the voice of the redoubtable Mr Bristles saying,

"Gently, gently,--I have no hesitation in stating, that you were never

entrusted with so valuable a burden before. Deposit it with gentleness

on the large table in the middle; and, you may now boast, that your

hands have borne the noblest specimen of grace and genius that modern

ages have produced."

"It's that everlasting donkey papa is always talking about!" whispered

Sophia.

"If it's Stickleback's statue," said Mr William Whalley, "the little

vagabond promised the first sight of it to old father. He'll be in a

precious stew when he finds his rival has been beforehand!"

The porters now apparently retired, and the youthful prisoners in the

back drawing-room tried to effect their escape by the door which

opened on the stairs; but, alas! it was locked on the outside, and it

was evident, from the soliloquy of Mr Bristles, that their retreat was

cut off through the front room. A knock--the well-known rat, tat, tat,

of the owner of the mansion--now completed their perplexity; and, in a

moment more, they heard the steps of several persons rushing up

stairs.

"Mr Pitskiver!" exclaimed Bristles in intense agitation, "you have

surely forgotten our agreement--Snooksby! Butters! Banks! Why, I am

quite overpowered with the surprise! It was to have been alone,

without witnesses; or at most, in my presence. But so public!"

"Never mind, my dear Bristles. Why should I conceal my triumph--my

happiness--the boast and gratification of my future days? Let us open

the casket that enshrines such unequaled merits."

"If you really wish for no further secresy," replied Mr Bristles.

"Certainly! Don't I know that that case contains a masterpiece, softly

sweet and beautifully feminine, as a talented friend of ours would

say?"

"An exquisite woman, indeed!" said Bristles; "and a truly talented

friend. The case, as you justly observe," proceeded the critic, while

he untied the cords, "contains the most glorious manifestation of the

softening influences of sex."

"It's a pity she's an ass," suggested Mr Pitskiver. "I can't help

thinking that that's a drawback."

"What?--what is a drawback, my dear sir?"

"That femininity, as Miss Hendy calls it, should be brought so

prominently forward in the person of an ass."

"An ass?--I don't understand! Are you serious?"

"Serious! to be sure, my dear Bristles. In spite of all efforts to

assume an intellectual expression, the donkey, depend upon it,

preponderates--the long visage, the dull eyes, the crooked legs--it is

impossible to perceive any grace in such a wretched animal. I can't

help thinking that if it had been a young girl you had brought

me--say, a sleeping nymph--full of youth and beauty, 'twould have been

a vast improvement on the scraggy jeanie contained in this box. But

clear away, Bristles, we are all impatience."

"My dear sir--Mr Pitskiver--unaccustomed as I am, his I can truly say

is the most uncomfortable moment of my life."

"Why, what's the matter with you, Bristles, can't you untie the

string?"--"Here," continued Mr Pitskiver, "give me the cord," and so

saying he untwisted it in a moment--down fell the side of the case,

and to the astonished eyes of the assembled critics, and also of the

party in the back drawing-room, revealed, not the masterpiece of the

immortal Stickleback, but a female figure enveloped in a grey silk

cloak, and covering its face with a white muslin handkerchief.

"Why, what the mischief is all this?" exclaimed the bewildered Mr

Pitskiver; "this isn't the jeanie-ass you promised me a sight of. Who

the deuce is this?"

The handkerchief was majestically removed, and the sharp eyes of Miss

Hendy fixed in unspeakable disdain on the assembled party.

"'Tis I, base man! Are all your protestations of admiration come to

this? Who shall doubt hereafter that it is the task of noble, gentle,

self-denying woman to elevate society?"

A smothered but very audible laugh proceeding from the back

drawing-room, interrupted the further eloquence of the regenerator of

mankind; and, finding concealment useless, the two young ladies threw

open the door, and advanced with their attendant lovers to the table.

The female philosopher, with the assistance of Mr Bristles, descended

from her lofty pedestal, and looked unutterable basilisks at the

open-mouthed Mæcenas, who turned his eyes from the wooden box to Miss

Hendy, and from Miss Hendy to the wooden box, without trusting himself

with a word of either explanation or enquiry.

"We told you of our intentions, papa," said Miss Sophia, "if you

brought that old lady to your house."

"I didn't bring her; I give you my honour 'twas that scoundrel

Bristles," whispered the dismayed Pitskiver.

"You told me sir," exclaimed Bristles, "that you would be for ever

indebted to me if I brought this lady to your mansion--that she was

the perfection of grace and innocence. By a friendly arrangement with

Mr Stickleback, the greatest sculptor of ancient or modern times, I

managed to secure to this illustrious woman an admission to your

house, which, I understood, she could not openly obtain through the

opposition of your daughters. I considered that you knew of the

arrangement, sir; and I know that, with a soft and feminine

trustfulness, this most gentle and intellectual ornament of her sex

and species consented to meet the wish you had so ardently expressed."

"I never had a wish of the kind," cried Mr Pitskiver; "and I believe

you talking fellows and chattering women are all in a plot to make me

ridiculous. I won't stand it any longer."

"Stand what?" enquired Mr Bristles, knitting his brows.

"Your nonsensical praises of each other--your boastings of

Sticklebacks, and Snooksbys, and Bankses; a set of mere humbugs and

blockheads! And even this foolish woman, with her femininities and

re-invigorating society, I believe to be a regular quack. By dad! one

would think there had never been a woman in the world before."

"Your observations are uncalled for"--

"By no manner of means," continued the senior, waxing bolder from the

sound of his own voice. "I believe you're in a conspiracy to puff each

other into reputation; and, if possible, get hold of some silly

fellow's daughters. But no painting, chiseling, writing, or

sonneteering blackguard, shall ever catch a girl of mine. What the

deuce brings _you_ here, sir?" he added, fiercely turning to Mr

Sidsby. "You're the impostor that read the first act of a play"--

"I read it, sir," said the youth, "but didn't write a word of it, I

assure you. Bristles is the author, and I gave him six dozen of

sherry."

"No indeed, papa; he never wrote a line in his life," said Sophia.

"Then he may have you if he likes."

"Nor I, except in the ledger," modestly observed Mr Bill Whalley.

"Then take Emily with all my heart. Here, Daggles," he continue,

ringing the bell, "open the street-door, and show these parties out!"

Amidst muttered threats, fierce looks, and lips contorted into all

modes and expression of indignation, the guests speedily disappeared.

And while Mr Pitskiver, still panting from his exertions, related to

his daughters and their enchanted partners his grounds for anger at

the attempt to impose Miss Hendy on him instead of a statue, Mr

Daggles shut the front door in great exultation as the last of the

intruders vanished, and said--

"Snipe, old Pits may do after all. He ain't a bad round of beef; and I

almost like our two mutton-chops, since they have freed the house from

such shocking sour-crouts and watery taties as I have just flinged

into the street."

But it was impossible to convert the great Mr Bristles to the belief

into which his quondam follower, Mr Pitskiver, had fallen as to the

qualities of Miss Hendy. That literary gentleman had too just a

perception of the virtues of the modern Corinne, and of a comfortable

house at Hammersmith, with an income of seven hundred a-year, to allow

them to waste their sweetness on some indecent clown, unqualified by

genius and education to appreciate them. The result of this resolution

was seen in a very few days after the interesting scene in Harley

Street; and the following announcement in the newspapers will put our

readers in as full a state of knowledge as we can boast of being in

ourselves:--

"Woman's value Vindicated as the teacher and example of Man, by Mrs

Bristles, late Miss Hendy, Hammersmith."

* * * * *

IRELAND.

An interdict has rested, through four months, on the discussion of

Irish affairs--an interdict self-imposed by the English press, in a

spirit of honourable (almost of superstitious) jealousy on behalf of

public justice; jealousy for the law, that it should not be biased by

irresponsible statements--jealousy for the accused, that they should

not be prejudiced by extra-judicial charges. At length the interdict

is raised, and we are all free once more to discuss the great

interests so long sealed up and sequestered by the tribunals of

Dublin. Could it have been foreseen or fancied, pending this

sequestration, that before it should be removed by the delivery of the

verdict, nay, two months before the trial should have closed in a

technical sense, by the delivery of the sentence, the original

interest (profound as it was) would be obliterated, effaced,

practically superseded, by a new phasis of the same unparalleled

movement? Yet this has happened. A debate, which (like a series of

natural echoes) has awakened and revived all the political

transactions of last year in Ireland, should naturally have preserved

the same relation to those transactions that any other shadow or

reflection bears to the substance. And so it would: but unhappily with

these rehearsals of the past, have mingled tumultuous menaces of a new

plot. And these menaces, in the very act of uttering themselves,

advertise for accomplices, and openly organize themselves as the

principle of a new faction for refusing tranquillity once more to

Ireland. Once more an opportunity is to be stifled for obtaining rest

to that afflicted land.

This "monster" debate, therefore, presents us in equal proportions

with grounds of disgust and terror--a disgust which forces us often to

forget the new form of terror--a terror (from a new conspiracy) which

forces us to forget even the late conspiracy of Repeal, and that

glorious catastrophe which has trampled it under foot for ever.

It is painful to the understanding--this iteration of statements a

thousand times refuted; it is painful to the heart--this eternal

neglect (in exchange for a _hear, hear_) of what the speaker knows to

be mere necessities of a poor distracted land: this folly privileged

by courtesy, this treason privileged by the place. If indeed of every

idle word--meaning not trivial word, but word consciously false--men

shall hereafter give account, Heavens! what an arrear, in the single

case of Ireland, will by this time have gathered against the House of

Commons! Perfectly appalled we are when we look into the formless

chaos of that nine nights' debate! Beginning with a motion which he

who made it did not wish[28] to succeed--ending with a vote by which

one-half of the parties to that vote meant the flattest contradiction

of all that was contemplated by the rest. On this quarter, a section

raging in the highest against the Protestant church--on that quarter,

a section (in terror of their constituents) vowing aid to this church,

and yet allying themselves with men pledged to her destruction.

_Here_, men rampant against the Minister as having strained the laws,

in what regarded Ireland, for the sake of a vigour altogether

unnecessary; _there_, men threatening impeachment--as for a lenity in

the same case altogether intolerable! To the right, "how durst you

diminish the army in Ireland, leaving that country, up to March 1843,

with a force lower by 2400 rank and file shall the lowest that the

Whigs had maintained?" To the left, "how durst you govern Ireland by

martial strength?" Question from the Minister--"Will you of the

Opposition place popish bishops in the House of Lords?" Answer from a

premature sponsor of Lord John's--"We will." Answer from Lord John--"I

will not." _Question retrospective_ from the Conservatives--"What is

it, not being already done, that we could have done for Ireland?"

_Answer_ from the Liberals--"Oh, a thousand things!" _Question

prospective_ from the Conservatives--"What is it, then, in particular,

that you, in our places, would do for Ireland? Name it." _Answer_ from

the Liberals--"Oh, nothing in particular!" Sir R. Peel ought to have

done for Ireland whole worlds of new things. But the Liberals, with

the very same power to _do_ heretofore, and to _propose_ now, neither

did then, nor can propose at present. And why? partly because the

privilege of acting for Ireland, so fruitful in reproaches, is barren

in practice: the one thing that remained to be done,--viz. the putting

down agitators--_has_ been done; and partly because the privilege of

proposing for Ireland is dangerous: first, as pledging themselves

hereafter; second, because to specify, though it were in so trivial a

matter as the making pounds into guineas for Maynooth, is but to put

on record, and to publish their own party incapacity to agree upon any

one of the merest trifles imaginable. Anarchy of anarchies, very mob

of very mobs, whose internal strife is greater than your common enmity

_ab extra_--what shall we believe? Which is your true doctrine? Where

do you fasten your real charge? Amongst conflicting arguments, which

is it that you adopt? Amongst self-destroying purposes, for which is

it that you make your election?

[28] The reader may suppose that Lord John Russell had no

motive for wishing his motion to fail, because (as he was

truly admonished by Sir Robert Peel) that motion pledged him

to nothing, and was "an exercise in political fluxions on the

problem of combining the _maximum_ of damage to his opponents

with the _minimum_ of prospective engagement to himself."

True: but for all that Lord John would have cursed the hour in

which he resolved on such a motion, had it succeeded. What

would have followed? Ministers would have gone out: Sir Robert

Peel has repeatedly said they would in the event of parliament

condemning their Irish policy. This would bring in Lord John,

and _then_ would be revealed the distraction of his party, the

chicanery of his late motion, and the mere incapacity of

moving at all upon Irish questions, either to the right or to

the left, for _any_ government which at this moment the

Whig-radicals could form. Doubtless, Lord John cherishes hopes

of future power; but not at present. "Wait a little," is his

secret caution to friends: let us see Ireland settled; let the

turn be taken; let the policy of Sir Robert Peel (at length

able to operate through the last assertion of the law) have

once taken root; and then, having the benefit of measures

which past declarations would not permit him personally to

initiate, nor his party even to propose, Lord John might

return to power securely--saying of the Peel policy, "Fieri

non debuit, _factum_ valet."

It might seem almost unnecessary to answer those who thus answer

themselves, or to expose the ruinous architecture of politicians, who

thus with mutual hands tear down their own walls as they advance, were

it not for the other aspect of the debate. But the times are agitated;

the crisis of Ireland is upon us; now, or not at all, there is an

opening for a new dawn to arise upon the distracted land; and when a

public necessity calls for a contradiction of the enemy, it is a

providential bounty that we are able to plead his _self_-contradiction.

In the hurry of the public mind, there is always a danger that many

great advantages for the truth should be overlooked: even things seen

steadily, yet seen but once and amongst alien objects, are seen to

little purpose. Lowered also in their apparent value by the prejudice,

that what passes in parliament is but the harmless skirmishing of

partisanship, dazzling the eye, but innocuous as the aurora borealis,

demonstrations only too certain of coming evils receive but little

attention in their earlier stages. Yet undoubtedly, if the laws

applicable to conspiracy can in any way be evaded, we may see by the

extensive cabal now organizing itself in England for aiding the Irish

conspiracy to overthrow the Irish Protestant church, that we have but

exchanged one form of agitation for a worse. Worse in what respect?

Not as measured simply by the ruin it would cause--between ruin and

ruin, there is little reason for choice; but worse, as having all the

old supporters that Repeal ever counted, and many others beside.

Especially with Repeal agitation recommending itself to the Irish

priesthood, and to those whom the priesthood can put in motion, it

will recommend itself also and separately to vast multitudes amongst

ourselves. It is worse also--not because in the event more ruinous,

but because in its means less desperate. All the factious in politics

and the schismatic in religion--all those who, caring little or

nothing about religion as a _spiritual_ interest, seek to overthrow

the present Ministers--all those who (caring little or nothing about

politics as a trading interest) seek to overthrow the Church of

England--all, again, who are distressed in point of patriotism, as in

Ireland many are, hoping to establish a foreign influence upon any

prosperous body of native prejudice against British influence, are now

throwing themselves, as by a forlorn hope, into this rearmost of their

batteries, (but also the strongest)--a deadly and combined struggle to

pull down the Irish Protestant establishment. And why? because nothing

else is left to them as a hopeful subject of conspiracy, now that the

Repeal conspiracy is crushed; and because in its own nature an assault

upon Protestantism has always been a promising speculation--sure to

draw support from England, whilst Repeal drew none; and because such

an assault strikes at the citadel of our strength. For the established

church of Ireland is the one main lever by which Great Britain carries

out the machinery of her power over the Irish people. The Protestant

church is by analogy the umbilical cord through which England connects

herself _materially_ with Ireland; through _that_ she propagates her

milder influence; _that_ gone, the rest would offer only coercive

influence. Without going diffusively into such a point, two vast

advantages to the civil administration, from the predominance of a

Protestant church in Ireland, meet us at the threshold: 1st, that it

moulds by the gentlest of all possible agencies the _recusant_ part of

this Irish nation into a growing conformity with the two other limbs

of the empire. The Irish population is usually assumed at about one

fourth part of the total imperial population. Now, the gradual

absorption of so large a section amongst our resources into the

temper, sympathies, and moral habits of the rest, is an object to be

kept in view by every successive government, let their politics

otherwise be what they may; and therefore to be kept in view by all

Irish institutions. In Canada everybody is _now_ aware how much this

country has been wanting to herself, (that is, wanting to the united

interests equally of England and Canada,) in not having operated from

the first upon the political dispositions of the old French population

by the powerful machinery of her own language, and in some cases of

her institutions. Her neglect in this instance she now feels to have

been at her own cost, and therefore politically to have been her

crime. Granting to her population a certain degree of education, and

of familiarity with the English language, certain civic privileges,

(as those of voting at political elections, of holding offices,

profitable or honorary, &c.,) under such reasonable latitude as to

time as might have made the transition easy, England would have

prevented the late wicked insurrection in Canada, and gradually have

obliterated the external monuments of French remembrances, which have

served only to nurse a senseless (because a hopeless) enmity. Now, in

Ireland, the Protestant predominance has long since trained and

moulded the channels through which flows the ordinary ambition of her

national aristocracy. The Popery of Ireland settles and roots itself

chiefly in the peasantry of three provinces. The bias of the gentry,

and of the aspiring in all ranks, is towards Protestantism. Activity

of mind and honourable ambition in every land, where the two forms of

Christianity are politically in equilibrium, move in that same line of

direction. Undoubtedly the Emancipation bill of 1829 was calculated,

or might have seemed calculated, to disturb this old order of

tendencies. But against that disturbance, and in defiance of the

unexampled liberality shown to Papists upon _every_ mode of national

competition, there is still in action (_and judging by the condition

of the Irish bar, in undiminished action_) the old spontaneous

tendency of Protestantism to 'go ahead;' the fact being that the

original independency and freedom of the Protestant principle not only

create this tendency, but also meet and favour it wherever nature has

already created it, so as to operate in the way of a perpetual bounty

upon Protestant leanings. Here, therefore, is _one_ of the great

advantages to every English government from upholding and fostering,

in all modes left open by the Emancipation bill, the Protestant

principle--viz. as a principle which is the pledge of a continual

tendency to union; since, as no prejudice can flatter itself with

seeing the twenty-one millions of our Protestant population pass over

to Popery, it remains that we encourage a tendency in the adverse

direction, long since established and annually increasing amongst the

six and a half Irish Papists. Thus only can our total population be

fused; and without that fusion, it will scarcely be hoped that we can

enjoy the whole unmutilated use of our own latent power.

Towards such a purpose therefore, _as tending to union_ by its

political effects, the Protestant predominancy is useful; and

secondly, were it no otherwise useful, it is so to every possible

administration by means of its patronage. This function of a

government--which, being withdrawn, no government could have the means

of sustaining itself for a year--connects the collateral channels of

Irish honours and remunerations with the great national current of

similar distributions at home. We see that the Scottish establishment,

although differing essentially by church government, yet on the ground

that doctrinally it is almost in alliance with the Church of England,

has not (except by a transient caprice) refused to the crown a portion

of its patronage. On the other hand, if the Roman Catholic church were

installed as the ruling church, every avenue and access for the

government to the administration of national resources so great, would

be closed at once. These evils from the overthrow of the Protestant

church, we mention _in limine_, not as the greatest--they are the

least; or, at any rate, they are so with reference to the highest

interests--but for their immediate results upon the purposes common to

all governments; and _there_ they would be fatal, for any Roman

Catholic church, where it happens also (like the Irish) to be a Papal

church, neither will nor _can_ confide privileges of this nature to

the state. A Papal church, not modified (as the Gallican church) by

_original_ limitations of the Papal authority, not modified (as even

the bigoted churches of Portugal and Austria) by modern _conventional_

limitations of that alien authority, gloomily refuses and must refuse,

to accept any thing from the state, for the simple reason that she is

incapacitated for giving any thing. Wisely, according to the wisdom of

this world, she cuts away from below the footing of the state all

ground on which a pretence could ever be advanced for interfering with

herself. Consequently, whosoever, and by whatsoever organs, would

suffer from the overthrow of the Irish church as now established by

law, the administration of the land would feel the effects from such a

change, first and instantly. Let us not mistake the case. Mr O'Connell

did not seriously aim at Repeal--_that_ he knew too well to be an

enterprise which could not surmount its earliest stages without coming

into collision with the armed forces of the land; and no man will ever

believe that he dreamed of prevailing _there_. What was it, then, that

he _did_ aim at? It was the establishment in supremacy of the Papal

church. His meaning was, in case he had been left quietly to build up

his aspiring purpose so high as seriously to alarm the government,

then suddenly to halt, to propose by way of compromise some step in

advance for his own church. Suppose that some arrangement which should

have the effect of placing that church on a footing of equality, as a

privileged (not as an endowed) church, with the present establishment;

this gained, he might have safely left the church herself

thenceforwards, from such a position of advantage, to fight her way

onwards, to the utter destruction of her rival.

Thus it was that the conspirators hoped to terrify the minister into

secret negotiation and compromise. But that hope failed. The minister

was firm. He watched and waited his opportunity; he kept his eye

settled upon them, to profit by the first opening which their folly

should offer to the dreadful artillery of law. At last, said the

minister, we will put to proof this vaunt of yours. We dare not bring

you to trial, is your boast. Now, we will see that settled; and, at

the same time, we will try whether we cannot put you down for ever.

That trial was made, and with what perfection of success the reader

knows; for let us remind him, that the perfection we speak of lay as

much in the manner of the trial as in its result--in the sanctities of

abstinence, in the holy forbearance to use any one of many decent

advantages, in the reverence for the sublime equities of law. Oh,

mightiest of spectacles which human grandeur can unfold to the gaze of

less civilized nations, when the ermine of the judge and the

judgment-seat, belted by no swords, bristling with no bayonets--when

the shadowy power of conscience, citing, as it were, into the

immediate presence of God twelve upright men, accomplishing for great

kingdoms, by one day's memorable verdict, that solemn revolution which

elsewhere would have caused torrents of blood to flow, and would

perhaps have unsealed the tears of generations. Since the trial of the

seven bishops[29]--which inaugurated for England the certainty that

for _her_ the "bloody writing" was torn which would have consigned her

children to the mercies of despotism--there has been no such crisis,

no such agitation, no such almighty triumph. Here was the _second_

chapter of the history; and lastly, that the nine nights' debate

attached itself as the _third_, is evident from its real purpose,

which may be expressed strictly in this problem: Given, as a fact

beyond all doubt, that O'Connell's Repeal conspiracy is for ever

shattered; let it now be proposed, as a thing worthy of the combined

parties in opposition, to find out some vicarious or supplementary

matter for sedition. A new agitation must be found, gentlemen--a new

grievance must be had, or Ireland is tranquillized, and we are lost.

Was there ever a case illustrating so strongly the maxim, that no man

can be effectually ruined except by himself? Here is Lord John

Russell, taxed a thousand times with having not merely used Mr

O'Connell as an ally, but actually as having lent himself to Mr

O'Connell as an instrument. Is that true? A wise man, kind-hearted,

and liberal in the construction of motives, will have found himself

hitherto unwilling to suppose a thing so full of disgrace; he will

have fancied arguments for scepticism. But just at this moment of

critical suspense, forth steps Lord John himself, and by his own act

dissipates all doubts, frankly subscribing the whole charge against

himself; for his own motion reveals and publishes his wrath against

the ministers for having extinguished the only man, viz. a piratical

conspirator, by whose private license there was any safety for

navigating the sea of Irish politics. The exact relation in which Lord

John had hitherto stood to Mr O'Connell, was that of a land-owner

paying black-mail to the cateran who guaranteed his flocks from

molestation: how naturally must the grazier turn with fury on the man

who, by suppressing his guardian, has made it hopeless for the future

to gain private ease by trafficking in public wrongs! The real

grievance was, the lopping Dagon of all power to stand erect, and thus

laying the Whig-radical under the necessity of "walking in the light

of the constitution" without aid from Irish crutches. The real _onus_

imposed on Lord John's party is, where to look for, and how to suborn,

some new idol and some fresh idolatry. Still to dispense with the laws

in Ireland in the event of their own return to power, still to banish

tranquillity from Ireland in the event of Sir Robert's power

continuing, required that some new conspiracy should be cited to the

public service, possibly (after the 15th of April) some new

conspirator. The new seditious movement could not be doubtful: by many

degrees of preference, the war upon the Irish church had the "call."

This is to be the war now pursued, and with advantages (as we have

already said) never possessed by the Repeal cause. The chief advantage

of _that_ lay in the utter darkness to the Irish peasantry of the word

"Repeal." What it meant no wizard could guess; and merely as a subject

to allure by uncertain hopes, on the old maxim of "omne ignotum pro

magnifico," the choice of that word had considerable merit. But the

cause of Popery has another kind of merit, and (again we remind the

reader) reposes upon another kind of support. In that cause the Irish

peasantry will be unaffectedly and spontaneously zealous; in that

cause there will be a confluence from many quarters of English aid.

Far other phenomena will now come forward. Meetings, even of the kind

convened by Mr O'Connell, are not, we must remember, found to be

unlawful by the issue of the late trials. Had certain melodramatic

features been as cautiously banished from Mr O'Connell's parades as

latterly they were affectedly sought, it is certain that, to this

hour, he and his pretended myriads would have been untouched by the

petrific mace of the policeman. Lay aside this theatrical costuming of

cavalry, of military step, &c., and it will be found that these

meetings were lawful. Most certainly a meeting for the purpose of

petitioning is not, and (unless by its own folly) never can be, found

unlawful.

[29] The trial of the seven bishops for declining to obey the

king's order in council against what, in conscience, they

believed to be the law of the land, is the more strictly a

parallel case, because, as in Ireland, the whole Popish part

of the population--in effect, therefore, the whole physical

strength of the land--_seemed_ to have arrayed itself on the

side of the conspiracy; so in England, the only armed force,

and that close to London, was supposed to have been bought

over by the systematic indulgence of the king. Himself and the

queen (Mary of Modena) had courted them through the summer.

But all was fruitless against the overwhelming sympathy of the

troops with an universal popular feeling. Bishop Burnet

mentions that this army (about 10,000 men, and then encamped

beyond Hounslow) broke into tremendous cheers at the moment

when the news of the acquittal reached them. Whilst lauding

their Creator his majesty was present. But a far more

picturesque account of the case is given by an ancestor of the

present Lord Lonsdale's, whose memoirs (still in MS.) are

alluded to in one of his Ecclesiastic Sonnets by Mr

Wordsworth, our present illustrious laureate. One trait is of

a nature so fine, and so inevitable under similar

circumstances of interest, that, but for the intervention of

the sea, we should certainly have witnessed its repetition on

the termination of the Dublin trials. Lord Lowther (such was

the title at that time) mentions that, as the bishops came

down the Thames in their boat after their acquittal, a

perpetual series of men, linked knee to knee, knelt down along

the shore. The blessing given, up rose a continuous thunder of

huzzas; and these, by a kind of natural telegraph, ran along

the streets and the river, through Brentford, and so on to

Hounslow. According to the illustration of Lord L., this voice

of a nation rolled like a _feu-de-joie_, or running fire, the

whole ten miles from London to Hounslow, within a few minutes;

or, like a train of gunpowder laid from London to the camp,

this irresistible sentiment finally involved in its torrent

evenits professional and hired enemies. Cæsar mentions that

such a transmission, telegraphically propagated from mouth to

mouth, of a Roman victory, reached himself, at a distance of

160 miles, within about four hours.

But may not this new conspiracy, which is now mustering and organizing

itself, be put down summarily by force? We may judge of _that_ by what

has happened to the old conspiracy. Put down by martial violence, or

by the police, Repeal would have retired for the moment only to come

forward and reconstruct itself in successive shapes of mischief not

provided for by law, or not shaped to meet the grasp of an executive

so limited as, in these days, any English executive must find itself.

On the other hand, once brought under the cognizance of law, it has

been crushed in its fraudulent form, and compelled to transmigrate at

once into that sincere, substantial, and final form, towards which it

was always tending. Whatever of extra peril is connected with a

movement so much more intelligible than Repeal, and so much more in

alliance with the natural prepossessions of the Irish mind--better it

is, after all, that this peril should be forced to show itself in open

daylight, than that it should be lurking in ambush or mining

underground; ready for a burst when other mischief might be abroad, or

evading the clue of our public guardians. Besides that, Repeal also

had its own peculiar terrors, notwithstanding that it did not grow up

originally upon any stock of popular wishes, but had been an

artificial growth propagated by an artificial inoculation. That flame

also could burn fiercely when fanned by incendiaries, although it did

not supply its own combustibles. And, think as we may of the two

evils, valued as mischief against mischief, Repeal against

Anti-protestantism, certain it is, that one most important advantage

has accrued to Government from the change. Fighting against Repeal,

they had to rely upon one sole resource of doubtful issue; for, after

all, the law stood on the interpretation of a jury, and therefore too

much on the soundness of individual minds; whereas in meeting the

assaults of Anti-protestantism, backed as it is by six millions of

combatants, ministers will find themselves reposing on the whole

strength of two nations, and of that section, even amongst the Irish,

which is socially the strongest. An old enemy is thus replaced by a

new one many hundred-fold more naturally malignant; true, but

immediately the new one will call forth a natural antagonism many

thousand-fold more determined. Such is the result; and, though

alarming in itself, for ministers it remains an advantage and a

trophy. How was this result accomplished? By a Fabian policy of

watching, waiting, warding, and assaulting at the right moment. Three

times within the last twelve months have the Government been thrown

upon their energies of attack and defence; three times have they been

summoned to the most trying exercise of skill--vigilantly to parry,

and seasonably to strike: _first_, when their duty was to watch and to

arrest agitation; _secondly_, when their duty was, by process of law,

to crush agitation; _thirdly_, when their duty was to explain and

justify before Parliament whatsoever they had done through the two

former stages. Now, then, let us rapidly pursue the steps of our

ministers through each severally of these three stages; and by

seasonable _resumé_ or recapitulation, however brief, let us claim the

public praise for what merits praise, and apply our vindication to

what has been most misrepresented. The first charge preferred against

the Government was, that it did not instantly attack the Repealers on

their earliest appearance. We must all recollect this charge, and the

bitterness with which it was urged during the whole of last summer;

for, in fact, the difference of opinion upon this question led to a

schism even amongst the Conservative party and press. The majority,

headed by the leading morning paper, have treated it to this day as a

ground of suspicion against Government, or at least as an impeachment

of their courage, that they should have lingered or hesitated upon the

proper policy. Our Journal was amongst the few which, after

considerable reflection and perhaps doubt, defended the course

adopted; and specifically upon the following suggestion, _inter alia_,

viz. that Peel and the Wellesley were assuredly at that moment

watching Mr O'Connell, not at all, therefore, hesitating as to the

general character of the policy to be observed, but only waiting for

the best mode (best in effect, best in popularity) of enforcing that

policy. And we may remind our readers, that on that occasion we

applied to the situation of the two parties, as they stood watching

and watched, the passage from Wordsworth--

"The vacillating bondsman of the Pope

Shrinks from the verdict of that steadfast eye."

There was no great merit in being right; but it is proper to remind

our readers that we _were_ right. And there is considerable merit,

more merit than appears, in not having been wrong; for in that we

should have followed not only a vast leading majority amongst public

authorities, but we should have followed an instinct of impassioned

justice, which cannot endure to witness the triumph, though known to

be but fugitive, of insolence and hyperbolical audacity. Not as

partisans, which was proved by the caution of our manner, but after

some deliberation, we expressed our conviction that Government was not

slumbering, but surveying its ground, taking up its position, and

trying the range of its artillery, in order to strike surely, to

strike once, but so that no second blow should be needed. All this

has been done; so far our predictions have been realized; and to that

extent the Government has vindicated itself. But still it may be

asked, to _what_ extent? Doubtless the thing has been done, and done

completely. Yet _that_ will not necessarily excuse the Government. To

be well done is, in many cases, all that we require; but in questions

of civil policy often there is even more importance that it should be

_soon_ done, done maturely, (that is, seasonably done with a view to

certain evils growing up concurrently with the evil,) done even

prematurely with respect to immediate bad consequences open to instant

arrest. At this moment amongst the parliamentary opponents of

ministers, though some are taxing them with unconstitutional

harshness, (or at least with that _summum jus_ which the Roman proverb

denounces as _summa injuria_,) in having ever interfered at all with

Mr O'Connell, others of the same faction are roundly imputing to them

a system of decoy, a "laying of traps," (that was the word,) in

waiting so patiently for the ripening of the Repeal frenzy. Upon the

same principle, a criminal may have a right to complain that her

Majesty, when extending mercy to a first crime, or a crime palliated

by its circumstances, and that a merciful prosecutor who intercedes

effectually on his behalf with the court, have both been laying a trap

for his future conduct; since, assuredly, there is one motive the less

to a base nature for abstaining from evil in the mitigated

consequences which the evil drew after it. On the same principle the

Repealers, having found Sir R. Peel so anxious, in the first stages of

their career, to spare them altogether, were seduced into thinking

that surely he never would strike so hard when at length he had made

ready to strike. Still, with submission, we think that to found false

expectations upon a spirit of lenity, and upon that mistake to found

an abuse of goodness that was really sincere, was not the fault of Sir

R. Peel, but of the Repealers. Any man's goodness becomes a trap to

him who is capable of making it such; since the most noble

forbearance, misinterpreted as fear, will probably enough operate as a

snare for such a person by tempting him into excesses calculated to

rouse that courage with which all genuine forbearance is associated.

If the early moderation of Government did really entrap any man, that

man has himself, and his own meanness of heart, to thank for his

delusion. But were it otherwise, and the Government became properly

responsible for any possible misinterpretation of their own

lenity--even in that case, it will remain to be enquired whether

Government _could_ have acted otherwise than it did. For else, though

Government could owe little enough to the conspirator; yet with

respect to the ill-educated and misled labouring man, whose honest

sensibilities were so grievously played upon by traitors, we do

ourselves conceive that Government had a clamorous duty. If such men

by thousands believed that the cause of Repeal was patriotic, that we

consider a delusion not of a kind or a class to challenge exposure

from Government; they have neither such functions assigned to them,

nor could they assume any office of teaching without suspicion. But

when the credulity of the poor was shown also in anticipating impunity

for the leader of Repeal, and upon the ground that ministers feared

him, when for this belief there was really much plausible sanction in

the behaviour of the Whig ministers--too plainly it became a marked

duty of Sir Robert Peel to warn them how matters stood; to let them

know that sedition tended to dangerous results, and that _his_

Government was bound by no secret understanding, with sedition for

averting its natural penalties. So much, we all agree, was due from

the present Government to the poorer classes; and exactly because

former governments had practically taken another view of sedition. If,

therefore, Sir R. Peel had left unpaid this great debt, he failed

grievously in the duties of his high office; but we are of opinion

that he did _not_. We have an obscure remembrance that the Queen's

speech uttered a voice on this point--a solemn, a monitory, a parental

voice. We seem to recollect also, that in his own parliamentary place

he warned the deluded followers of Repeal--that they were engaged in a

chase that must be fruitless, and might easily become criminal. What

was open to him, therefore, Sir Robert did. He applied motives, such

as there were within his power, to lure men away from this seditious

service. The "traps" he laid were all in that direction. If more is

required of him by people arguing the case at present, it remains to

ask whether more was at that time in his power.

The present administration came into power in September 1841. Why the

Repealers did not go to work instantly, is more than we can explain;

but so it was. In March of 1843, and not sooner, Mr O'Connell opened a

new shop of mercenary agitation, and probably for the last time that

he will ever do so. The _surveillance_ of Government, it now appears,

commenced almost simultaneously; why not the reaction of Government?

Upon that it is worth spending a few words. It is now made known to

the public, that from the very first Sir R. Peel had taken such

measures of precaution as were really open to him. In communicating,

officially with any district whatsoever, in any one of the three

kingdoms, the proper channel through which the directions travel is

the lord-lieutenant of the particular county in which the district

lies. He is the direct representative of the sovereign--he stands at

the head of the county magistrates, and is officially the organ

between the executive and his own rural province. To this officer in

every county, Sir R. Peel addressed a letter of instructions; and the

principle on which these instructions turned was--that for the present

he was to exercise a jealous neutrality; not interfering without

further directions in ordinary cases, that is, where simply Repeal was

advocated, or individuals were abused; but that, on the first

_suggestion_ of local outrages, the first _incitement_ to mischief,

arrests and other precautionary measures were to take place. Not much

more than twenty years are gone by, since magistrates moved on

principles so wholly different, that now, and to the youthful of this

generation, they would seem monstrous. In those days, let any man be

found to swear that he apprehended danger to his property, or violence

to his person, from the assembling of a mob in a place assigned, and

the magistrate would have held it his duty to disperse or prevent that

meeting. But now _on a changé tout cela_; and as easily might a

magistrate of this day commit Fanny Elssler as a vagabond. Yet even in

these days we have heard it mooted--

1. On the mere ground of _numerical amount_, and as for that reason

alone an uncontrollable mass, might not such a meeting have been

liable to dispersion? _Answer_--this allegation of monstrous numbers

was uniformly a falsehood; and a falsehood gross and childish. Was it

for the dignity of Government to assume, as grounds of action, fables

so absurd as these? _Not_ to have assumed them, will never be made an

argument of blame against the Executive; and, indeed, it was not

possible to do so, since Government had employed qualified persons to

estimate the numbers, and in some instances to measure the ground. The

only real charge against Government, in connexion with these fables,

is (and we grieve to say it) that of having echoed them, in an

ambiguous way, at one point of the trials; not exactly assuming them

for true, and resting any other truth upon their credit, but repeating

them as parts _inter alia_ of current popular hearsay. Now this,

though probably the act of some subordinate officer, does a double

indignity to Government; it is discreditable to the understanding, if

such palpable nursery tales are adopted for any purpose; and openly to

adulterate with falsehood, even in those cases where the falsehood is

not associated with folly, still more deeply wounds the character of

an honourable government. But, besides, had the numerical estimates

stood upon any footing of truth, mere numbers could not have been

pleaded as an argument for reasonable alarm. The false estimate was

not pleaded by the Repealers until _after_ the meetings, and as an

inference from facts. But the use of the argument was _before_ the

meeting, and to prevent the meeting. And if the experience of past

meetings were urged as an argument for presuming that the coming one

would be not less numerous, concurrently would be urged this same

experience as a demonstration that no danger was to be apprehended.

Dangerous the meetings certainly were in another sense; but, in the

police sense, so little dangerous, that each successive meeting

squared, cubed, &c., in geometrical progression the guarantee in point

of safety for all meetings that were to follow.

2. On the ground of _sedition_, and disaffection to the Government,

might not these assemblages have been lawfully dispersed or prevented?

Unfortunately, not under our modern atmosphere of political

liberality. In time of war, when it may again become necessary, for

the very salvation of the land, to suspend the _habeas corpus_ act,

sedition would revive into a new meaning. But, at all times, sedition

is of too unlimited a nature to form the basis of an affidavit sworn

before a police magistrate; and it is an idea which very much

sympathizes with the _general_ principles of political rights. When

these are unusually licentious, sedition is interpreted liberally and

laxly. Where danger tightens the restraints upon popular liberty, the

idea of sedition is more narrowly defined. Sedition, besides, very

much depends upon overt acts as expounding it. And to take any

controversial ground for the basis of restraint upon personal liberty,

would probably end in disappointment. At the same time, we must make

one remark. Some months ago, in considering what offence was committed

by the public avowal of the Repeal doctrine, we contended, that it

amounted constructively to treason; and on the following argument--Why

had any body supposed it lawful to entertain or to propagate such a

doctrine? Simply, on the reflexion that, up to the summer of 1800,

there _was_ no union with Ireland: since August of that 1800, this

great change had been made. And by what? By an act of Parliament. But

could there be any harm in seeking the repeal of a parliamentary act?

Is not _that_ done in every session of the two Houses? And as to the

more or less importance of an act, _that_ is a matter of opinion. But

we contended, that the sanctity of an act is to be deduced from the

sanctity of the subjects for which it legislates. And in proof of

this, we alleged the _Act of Settlement_. Were it so, that simply the

term _Act of Parliament_ implied a license universally for undoing and

canceling it, then how came the Act of Settlement to enjoy so peculiar

a consecration? We take upon us to say--that, in any year since the

Revolution of 1688-9, to have called a meeting for the purpose of

framing a petition against this act, would have been treason. Might

not Parliament itself entertain a motion for repealing it, or for

modifying it? Certainly; for we have no laws resembling those Athenian

laws, which made it capitally punishable to propose their repeal. And

secondly,--no body external to the two Houses, however venerable, can

have power to take cognizance of words uttered in either of those

Houses. Every Parliament, of necessity, must be invested with a

discretionary power over every arrangement made by their predecessors.

Each several Parliament must have the same power to _undo_, which

former Parliaments had to _do_. The two Houses have the keys of St

Peter--to unloose in the nineteenth century whatever the earliest

Parliament in the twelfth century could bind. But this privilege is

proper and exclusive to the two Houses acting in conjunction. Outside

their walls, no man has power to do more than to propose as a

petitioner some lawful change. But how could that be a lawful change

which must begin by proposing to shift the allegiance into some other

channel than that in which it now flows? The line of succession, as

limited in the act, is composed of persons all interested. As against

_them_, merely contingent and reversionary heirs, no treason could

exist. But we have supposed the attempt to be against the individual

family then occupying the throne. And it is clear that no pretence,

drawn from the repealable nature of an English law, can avail to make

it less, or other than treason, for a person outside of Parliament to

propose the repeal of _this_ act as to any point affecting the

existing royal family, or at least, so many of that family as are

privileged persons known to the constitution. Now, then, this remark

instantly points to two classes of acts; one upon which to all men is

open the right of calling for Repeal; another upon which no such

right is open. But if this be so, then to urge the legality of calling

for a Repeal of the Union, on the ground that this union rests only

upon an act of Parliament, is absurd; because that leaves it still

doubtful whether this act falls under the one class or the other.

Why do we mention this? Because we think it exceedingly important that

the attention of parliament should be called to the subject, and to

the necessity of holding certain points in our constitution as

absolutely sacred. If a man or party should go about proclaiming the

unlawfulness, in a religious sense, of _property_, and agitating for

that doctrine amongst the lower classes by appropriate arguments--it

would soon be found necessary to check them, and the sanctity of

property would soon be felt to merit civil support. Possibly it will

be replied--"Supposing the revolutionary doctrines followed by overt

acts, then the true redress is by attacking these acts." Yet every

body feels that, if the doctrine and the acts continued to propagate

themselves, very soon both would be punished. In the case where

missionaries incited negro slaves to outrages on property, or were

said to do so, nobody proposed to punish only the overt outrages. So,

again, in the event of those doctrines being revived which denounced

all differences of rank, and the official distinctions of civil

government, it would be too late to punish the results after the bonds

of society were generally relaxed. Ministers are placed in a very

false position, continually taxing a man with proposing the repeal of

a law as if _that_ were an admitted crime, and yet also pronouncing

the proposed repeal of any law to be a privilege of every citizen.

They will soon find it necessary to make their election for one or

other of these incompatible views.

Meantime, in direct opposition to this uncertainty of the ministers,

the Irish Attorney-General has drawn the same argument from the Act of

Settlement which we have drawn. In February 1844, the Irish

Attorney-General pronounced his views; _Blackwood's Magazine_ in

August or September 1843. A fact which we mention--not as imputing to

that learned gentleman any obligation to ourselves; for, on the

contrary, it strengthens the opinion to have been _independently_

adopted by different minds, but in order to acquit ourselves from the

natural suspicion of having, in a legal question, derived our own

views from a high legal authority.

3. Might not the Repeal Association have been arrested and prosecuted

at first, viz. in March 1843, as six months afterwards they were, on a

charge of conspiracy? That was a happy thought, by whomsoever

suggested; and strange that an idea, so often applied to minor

offences as well as to political offences, should not at once have

been seen to press with crushing effect upon these disturbers of the

public peace. Since the great change in the combination laws, this

doctrine of conspiracy is the only means by which masters retain any

power at all. Wheresoever there are reciprocal rights, for one of the

two antagonist interests to combine in defence of their own,

presupposes in very many cases an unfair disturbance of the legal

equilibrium. Society, as being an inert body in relation to any

separate interests of its own, and chiefly from the obscurity of these

interests, cannot be supposed to combine; and therefore cannot combine

even to prevent combinations. Government is the perpetual guardian and

organ of society in relation to its interests. Government, therefore,

prosecutes. This, however, left the original question as to the Repeal

of the Irish Union act, whether a lawful attempt or not lawful,

untouched. And necessary it was to do so. Had the prosecutor even been

satisfied on that point, no jury would have regarded it as other than

a delicate question in the casuistry of political metaphysics. But the

offence of combining, by means of tumultuous meetings, and by means of

connecting with this obscure question rancorous nationalities or

personalities, so as to make _that_ a matter of agitating interest to

poor men, which else they would have regarded as a pure scholastic

abstraction--this was a crime well understood by the jury; and thence

flowed the verdict. But could not the same verdict have been obtained

in the month of March? Certainly not. For the act of _conspiracy_ must

prove itself by collusion between speeches and speeches, between

speeches and newspapers, between reporters and newspapers, between

newspaper and newspaper. But in the infancy of such a concern, these

links of concert and mutual reverberation are few, hard to collect,

and unless carelessly diffused, (as in the palmy days of the Repeal

Association they were,) difficult to prove.

In short, no indictment could have availed that was not founded on the

offence of conspiracy; and _that_ would not have been available with

certainty much before the autumn, when in fact the conspirators were

held to bail. To have failed would have been ruinous. We have seen how

hardly the furious Opposition have submitted to the Government

measure, under its present principle of simple confidence in the law

as it is: had new laws, or suspension of old ones, been found

requisite--the desperate resistance of the Liberals would have reacted

contagiously on the excitement in Ireland, so as to cause more

mischief in a secondary way, than any measure of restraint upon the

Repealers could have healed directly.

It is certain, meantime, that Sir R. Peel did not wish to provoke a

struggle with the Repealers. Feeling, probably, considerable doubts

upon the issue of any trial, moving upon whatsoever principle--because

in any case the composition of the jury must depend a good deal upon

chance, and one recusant juror, or one juror falling ill at a critical

moment, might have reduced the whole process to a nihility--Sir

Robert, like any moderate man, hoped that his warnings might meet with

attention. They did not. So far from _that_, the Repealers kindled

into more frenzy through their own violence, irritated no doubt by

public sympathy with their worst counsels in America and elsewhere. At

length the case indicated in the minister's instructions to the

lords-lieutenant of counties, the _casus fæderis_, actually occurred.

One meeting was fixed ostentatiously on the anniversary of the

rebellion in 1798; and against the intended meeting at Clontarf, large

displays of cavalry and of military discipline were publicly

advertised. These things were decisive: the viceroy returned suddenly

to Ireland: the Privy Council of Ireland assembled: a proclamation

issued from government: the conspirators were arrested: and in the

regular course the trials came on.

Such is our account of the first stage in this great political

transaction; and this first stage it is which most concerns the

reputation of Government. For though the merit of the trials, or

second stage, must also belong to Government, so far as regards the

resolution to adopt this course, and the general principle of their

movement; yet in the particular conduct of their parts, these trials

naturally devolved upon the law-officers. In the admirable balance of

firmness and forbearance it is hardly possible to imagine the minister

exceeded. And here, where chiefly he stood between a double fire of

attacks, irreconcilable in themselves, and proceeding not less on

friends than foes, it is now found by official exposures that Sir

Robert's conduct is not open to a trivial demur. He made his

preparations for vindicating the laws in such a spirit of energy, as

though he had resolved upon allowing no escape for the enemy; he

opened a _locus penitentiæ_, noiseless and indulgent to the feelings

of the offenders, with so constant an overture of placability as if he

had resolved upon letting them _all_ escape. The kindness of the

manner was as perfect as the brilliancy of the success.

Next, as regards the trials, there is so very much diffused through

the speeches or the incidents of what is noticeable on one ground or

other--that we shall confine ourselves to those points which are

chiefly concerned in the one great factious (let us add fraudulent)

attempt within the House of Commons to disparage the justice of the

trial. In all history, we remember nothing that ever issued from a

baffled and mortified party more audacious than this. As, on the other

hand, in all history we remember nothing more anxiously or sublimely

conscientious than the whole conduct of the trial. More conspicuously

are these qualities displayed, as it was inevitable they should, in

the verdict. Never yet has there been a document of this nature more

elaborate and fervent in the energy of its distinctions, than this

most memorable verdict; and the immortal twelve will send down their

names to posterity as the roll-call of those upright citizens, who, in

defiance of menaces, purchased peace to their afflicted country at the

price of peril to themselves. With partisans, of course, all this goes

for nothing; and no cry was more steadily raised in the House of

Commons than the revolting falsehood--that the conspirators had not

obtained a fair trial. Upon the three pretences by which this

monstrous allegation endeavoured to sustain itself, we will say a

word. Two quarrels have been raised with incidents occurring at

separate stages in the striking of the jury. What happened first of

all was supposed to be a mere casual effect of hurry. Good reason

there has since appeared, to suspect in this affair no such excusable

accident, but a very fraudulent result of a plan for vitiating the

whole proceedings. Such things are likely enough to be attempted by

obscure partisans. But at all events any trick that may have been

practised, is traced decisively to the party of the defendants. But

the whole effect of the trick, if such it were, was to diminish the

original fund from which the names of the second list were to be

drawn, by about one twenty-ninth part. But this inconsiderable loss

was as likely to serve the defendants as not; for the object, as we

have said, was--simply by vitiating the proceeding to protract the

trial, and thus to benefit by a larger range of favourable accidents.

But why not cure this irregularity, however caused, by the means open

to the court? Simply for these reasons, explained by the

Attorney-General:--1st, that such a proceeding would operate

injuriously upon many other trials; and 2d, as to this particular

trial, that it would delay it until the year 1845. The next incident

is still more illustrative of the determination, taken beforehand, to

quarrel with the arrangements, on whatever principle conducted. When

the list of persons eligible as jurors has been reduced by the

unobjectionable process of balloting to forty-eight, from that amount

they are further reduced by ultimate challenges; and the necessity

resting upon each party to make these challenges is not discretional,

but peremptory. It happened that the officer who challenged on behalf

of the crown, struck off about ten Roman Catholics. The public are

weary of hearing it explained--that these names were not challenged

_as_ Catholics, but as Repealers. Some persons have gone so far as to

maintain--that even Repealers ought not to have been challenged. This,

however, has been found rather too strong a doctrine for the House of

Commons--to have asked for a verdict of guilty from men glorying in

the very name which expresses the offence. Did any man ever suggest a

special jury of smugglers in a suit of our lady the Queen, for the

offence of "running" goods? Yet certainly they are well qualified as

respects professional knowledge of the case. We on our part maintain,

that not merely Repealers were inadmissible on the Dublin jury, but

generally Roman Catholics; and we say this without disrespect to that

body, as will appear from what follows. It will often happen that men

are challenged as labouring under prejudices which disqualify them for

an impartial discharge of a juror's duty. But these prejudices may be

of two kinds. First, they may be the natural product of a certain

birth, education, and connexion; and these are cases in which it will

almost be a _duty_ for one so biased to have contracted something of a

permanent inability to judge fairly under circumstances which interest

his prejudices. But secondly, there are other prejudices, as, for

instance, of passions, of blind anger, or of selfish interest. Such

cases of prejudice are less honourable; and yet no man scruples to

tell another, under circumstances of this nature, that he cannot place

confidence in his impartiality. No offence is either meant or taken. A

trial is transferred from Radnorshire to Warwickshire in order to

secure justice: yet Radnorshire is not offended. And every day a

witness is told to stand down, when he is acknowledged to have the

slightest pecuniary interest in the case, without feeling himself

insulted. Yet the insinuation is a most gross one--that, because he

might be ten guineas richer or poorer by the event of the trial, he is

not capable of giving a fair testimony. This would be humiliating,

were it not seen that keen interests compel men to speak bluntly and

plainly: men cannot sacrifice their prospects of justice to ceremony

and form. Now, when a Roman Catholic is challenged as a juryman, it is

under the first and comparatively inoffensive mode of imputation. It

is not said--you are under a cloud of passion, or under a bias of

gross self-interest. But simply--you have certain religious opinions:

no imputation is made on your integrity. On the contrary, it is

honourable to you that you should be alive to the interests of your

class. Some think, and so may you, that separation from England would

elevate the Catholics; since, in such a case, undoubtedly your

religion would become predominant in Ireland. It is but natural,

therefore, that you should lean to the cause of those who favour

yours. In setting aside a Catholic as a juryman on the trial of

Repealers, this is the imputation made upon him. Now, what is there in

that to wound any man's feelings? Lastly, it is alleged that the

presiding judge summed up in terms unfavourable to the Repealers. Of

course he did; and, as an upright judge, how could he have done

otherwise? Let us for one moment consider this point also. It is often

said that the judge is counsel for the prisoner. But this is a gross

misconception. The judge, properly speaking, is counsel for the law,

and for every thing which can effect the right understanding of the

evidence. Consequently he sometimes appears to be advocating the

prisoner's cause, merely because the point which he is clearing up

happens to make for the prisoner. But equally he would have appeared

to be against the prisoner, if he found it necessary to dissipate

perplexities that would have benefited the prisoner. His business is

with no personal interest, but generally with the interest of truth

and equity--whichever way those may point. Upon this principle, in

summing up, it is the judge's duty to appraise the entire evidence;

and if any argument lurks obscurely in the evidence, he must strip it

of its obscurity, and bring it forward with fuller advantage. That may

happen to favour the prisoner, or it may weigh against him. But the

judge cannot have any regard to these consequences. His concern is

simply with the pressure and incidence of the testimony. If,

therefore, a prisoner has brought forward witnesses who were able to

depose any thing in his favour, be assured that the judge will not

overlook that deposition. But, if no such deposition were made, is it

meant that the judge is to invent it? The whole notion has grown out

of the original conceit--that a defendant in relation to the judge is

in the relation of a client to an advocate. But this is no otherwise

true than as it is true of every party and interest connected with the

case. All these alike the judge is to uphold in their true equitable

position and rights. In summing up, the judge used such facts as had

been furnished to him. All these happened to be against the Repealers;

and therefore the judge appeared to be against then. But the same

impression would have resulted, if he had simply read his notes of the

evidence.

Such are the desperate attempts to fasten charges of unfairness on

this fairest of all recorded trials. And with an interest so keen in

promoting the belief of some unfairness, was there ever yet a trial

that could have satisfied the losing party? Losers have a proverbial

privilege for being out of temper. But in this case more is sought

than the mere gratification of wrath. Fresh hopes spring up in every

stage of this protracted contest, and they are all equally groundless.

First, Mr O'Connell was not to be arrested: it was impossible and

absurd to suppose it. Next, _being_ arrested, he was not to be tried.

We must all remember the many assurances in Dublin papers--that all

was done to save appearances, but that no trial would take place.

Then, when it was past denial that the trial had really begun, it was

to break down on grounds past numbering. Finally, the jury would

never dare to record a verdict of guilty. This, however, being

actually done, then was Mr O'Connell to bring writs of error; he was

to "take the sense" of the whole Irish bench; and, having taken all

that, he was to take the sense of the Lords. And after all these

things were accomplished, finally (as we then understood it) he was to

take himself off in the direction pointed out by the judges. But we

find that he has not yet reconciled himself to _that_. Intimations

come out at intervals that the judges will never dare to pass any but

a nominal sentence upon him. We conclude that all these endless

conflicts with the legal necessities of his case are the mere

gasconades of Irish newspapers, addressing themselves to provincial

readers. Were there reason to suppose them authorized by the

Repealers, there would be still higher argument for what we are going

to say. But under any circumstances, we agree with the opinion

expressed dispassionately and seasonably by the _Times_

newspaper--that judgment must be executed in this case. We agree with

that journal--that the nation requires it as a homage rendered

necessary to the violated majesty of law. Nobody wishes that, at Mr

O'Connell's age, any _severe_ punishment should be inflicted. Nobody

will misunderstand, in such a case, the mitigation of the sentence.

The very absence of all claim to mitigation, makes it impossible to

mistake the motive to lenity in _his_ case. But judgment must be done

on Cawdor. Two aggravations, and heavy ones, of the offence have

occurred even since the trial. One is the tone of defiance still

maintained by newspapers under his control. Already, with one voice,

they are ready to assure the country, in case of the sentence being

incommensurate to the case, that Government wished to be severe, but

had not courage for the effort; and that Government dares not enforce

the sentence. The other aggravation lies in this--that he, a convicted

conspirator, has presumed to take his seat amongst the senators of the

land--"Venit in senatum, fit particeps consilii." Yet Catiline, here

denounced to the public rage, _was_ not a _convicted_ conspirator; and

even his conspiracy rests very much on the word of an enemy. It is

true that, in some formal sense, a man's conviction is not complete in

our law until sentence has been pronounced. But this makes no real

difference as to the scandalous affront which Mr O'Connell has thus

put upon the laws of the land. And in that view it is, viz. as an

atonement for the many outrages offered to the laws, that the nation

waits for the consummation of this public example.

* * * * *

Edinburgh: Printed by Ballantyne and Hughes, Paul's Work_

Blackwood's Edinburgh Magazine — Volume 55, No. 342, April, 1844 · 第 7 / 7 章