CHAPTER IV

IMPRISONMENT OF O'BRIEN FOR CONTEMPT OF THE BRITISH COMMONS.--CONDUCT OF

THE ASSOCIATION.--DEPUTATION FROM THE '82 CLUB.--MR. O'CONNELL RETURNS

TO IRELAND.--DISCUSSIONS IN THE COMMITTEE.

Before proceeding to detail the circumstances which led to the

celebrated secession, it is essential to dispose of an episode in the

struggle, which, more than any other, stamped its impress on the acts

and feelings of that unfortunate period; I allude to the imprisonment,

by the House of Commons, of William Smith O'Brien. There is no act of

his life upon which there has been so much acrimonious criticism; none

on account of which he has been subjected to so much intemperate

misrepresentation. And yet, perhaps, his great career, fruitful in good

actions, never furnished a purer or more unselfish example of sound

judgment as well as intrepidity and devotion. The history of his

incarceration ranges over a great portion of the time which has been

already passed, and enters largely into the leading events, hereafter to

be related. A clear understanding of the whole--of Mr. O'Brien's

influencing motives and his tenacity of principle--would be impossible

without a distinct recital of the circumstances out of which his purpose

first grew, and which, to the end, controlled his resolution.

In the spring of 1845, the committee of the Association passed a vote to

the effect that the Parliamentary representatives, who were members of

that body, should withdraw from the British Parliament. It was proposed

by Mr. Davis and received Mr. O'Connell's entire approval. Though at

first sneered at, it had a stunning effect. The supercilious British

Commons, who would have answered the just remonstrance of the Irish

Repealers with a jeer, shrank from the consequences of legislating for

the country in the absence of the men, whose efforts, if present, they

would not hesitate to scoff at. The disturbing influence of the

resolution became at once perceptible, and the earliest means were taken

to bring the question to an issue. Mr. Hume, a parsimonious economist,

of niggard principle and grovelling sentiment, undertook the office of

coercing the Irish. He gave notice of a motion for a call of the House.

This man, a mean utilitarian, had been rejected by the country of his

birth and the country of his adoption, and found refuge in an Irish

constituency, that returned him without solicitation and without

expense. He repaid them and the country by a vulgar jest, and now

assumed the responsibility of their public prosecutor.

The Association heard his threat with calm indignation and resolved at

once to defy him. The great importance of the position in which it was

placed suggested the necessity of a deliberate consideration; first, of

the constitutional question at stake and, secondly, of the steps proper

to vindicate its own dignity and resolution. As on all such occasions, a

sub-committee was appointed to whom the question was referred. Mr.

O'Connell had to some extent formed an opinion favourable to the object

of the Association. He stated that he had considered the question in a

two-fold point of view.

First, "Whether the controlling power of the English House of Commons

over its members, which admittedly it possessed before the Act of Union,

was extended to the Irish portion of the members by that Act, there

being no express provision creating it?"

And secondly, "Whether even if the House possessed the power, it was

competent to enforce it, or, in other words, whether the Speaker's

warrant would receive Ireland?"

To report on these two questions, thus framed, the following gentlemen

were elected as a sub-committee: James O'Hea, Sir Colman O'Loghlen,

Robert Mullen, James O'Dowd and myself. Of that committee, each

approached his task with that instinctive bias, inseparable from ardent

minds, excited by a darling hope. They read the precedents, the cases,

the arguments and judgments applicable to their enquiry with the aid of

such a hope, and still they came to the reluctant decision that the

ground taken against the authority of the British Parliament was not

maintainable. With regard to the first branch they were unanimous. With

regard to the second, Sir Colman O'Loghlen alone entertained some

doubts. As chairman of the committee, I drew up a brief report,

embodying our opinion. One reason alone we thought conclusive, namely,

that the formidable jurisdiction claimed by the House of Commons was

indispensable to the unimpeded fulfilment of its functions, as a

coordinate branch of the supreme power and controlling authority of the

State. In its very danger and extravagance consisted its supremacy; for

it showed that it was only admitted from its overruling and

overmastering necessity. And as the Parliament was recognised in Ireland

in all things else we thought it would be absurd to deny it functions

indispensable to its vitality.

On handing in the report, I mentioned the doubts entertained by Sir

Colman O'Loghlen. Mr. O'Connell suggested that the report should be

deferred until he could consult Sir Colman. The suggestion was agreed

to, and time given for reconsideration. Mr. O'Connell himself examined

the question, he said, with great attention. He was assisted by Mr.

Clements in his researches, and at the end of the fortnight he came down

to the committee with a report of his own, distinctly and emphatically

contradicting ours, upon both branches of the case. He delivered it to

the chairman (Mr. S. O'Brien), with exultation, as a great

constitutional discovery of unspeakable importance to the liberties of

Ireland. The committee received it in the same spirit. I ventured to

question the soundness of his opinion, and maintain my own, it was

considered a daring thing to do in those times; but the question seemed

to me so clear that I could not abandon my views without treachery to my

conviction. The discussion was very short, and ended in personality,

wherein he insinuated something about unworthy motives. No scene of my

life made the same impression on me. I felt keenly his reproaches, but

still more keenly the impolicy and imprudence of the step into which the

country was precipitated. I requested that the question should be again

postponed, and the opinion of some eminent men outside the Association

taken. I was overruled, and even laughed at--it was "doubting Mr.

O'Connell." Mr. O'Connell said, "I'll test this question '_meo

periculo_.'" The resolution passed amid cheers, and was recorded next

day amid the louder and more vehement cheers of the Association. The

country re-echoed the boast, and the House of Commons was, by a formal

and solemn vote of the entire nation, set at defiance. The conflict was

pre-arranged, even to its minute details. Mr. O'Brien was to proceed to

London, where disobedience would be more marked and decisive; and Mr.

John O'Connell was to remain in Ireland, where he could take advantage

of an additional obstacle to the exercise of its authority to the House.

So the matter stood when Mr. Hume, through what motive it is not easy to

see, neglected or abandoned his notice. The country regarded this as a

confession of weakness by the House, and gloried in a new triumph

achieved by the genius of Mr. O'Connell. He himself thought he had found

a great and solid basis for future action, and hinted at the prospect of

being able to raise upon it a parliamentary structure, having

imprescriptible and indefeasible authority, and only requiring the

sanction of the crown.

A short time after the withdrawal of Mr. Hume's motion, the question was

again raised in another form. The chairman of the Committee of Selection

for Railways addressed a circular, among others, to Messrs. S. O'Brien

and John O'Connell, requiring their attendance at the selection of

special Railway Committees. The correspondent of the _Freeman's

Journal_, thus writes in forwarding their replies:--

_London, Monday, June 30._

"The authority of the British Senate over Irish representatives

is now fairly placed at issue. By my letter of yesterday

evening, you were apprised of the determination of Smith O'Brien

and John O'Connell, to refuse to comply with the summons of the

parliamentary selection committee.

"The course I suggested as that which it was probable would be

adopted, has been since finally resolved upon, and in part

carried into execution. John O'Connell, for the purpose of

taking the chances of a judgment in the Irish court, will not

forward his answer till he shall have reached Ireland. Smith

O'Brien delivered his reply to the clerk of the House of Commons

this day, at one o'clock."

Here follows Mr. O'Brien's letter:--

OXFORD AND CAMBRIDGE CLUB, PALL-MALL.

"_June 30, 1845._

"Sir.--I had the honour of receiving on Saturday afternoon a

letter dated 28th June, and signed 'Henry Creed,' to the

following effect: 'I am directed by the committee of selection

to inform you that your name is on the list for which members

will be selected to serve on the railway committees, which will

commence their sittings in the week beginning Monday, the 14th

July, during which week it will be necessary for you to be in

attendance, for the purpose of serving, if requested, on a

railway committee.'

"I trust that the committee of selection will not think that I

am prompted by any feeling of disrespect towards them, or

towards the House of Commons, when I inform them that it is my

intention not to serve on any committees except such as may be

appointed with reference to the affairs of Ireland.

"I accepted a seat in the House of Commons, in the hope of

being thereby enabled to assist in improving the condition of

the land of my birth. So long as I continued to believe that I

could serve Ireland effectually in the House of Commons, I

shrank from none of the labours which are connected with the

varied functions of that assembly. During twelve years I

attended Parliament with an assiduity of which I might feel

disposed to boast, if the time so consumed by the House and by

myself had been productive of results useful to my native

country.

"Experience and observation at length forced upon my mind the

conviction that the British Parliament is incompetent through

want of knowledge, if not, through want of inclination, to

legislate wisely for Ireland, and that our national interests

can be protected and fostered only through the instrumentality

of an Irish legislature.

"Since this conviction has established itself in my mind I have

felt persuaded that the labours of the Irish members, though of

little avail in the British Parliament, might, if applied in

Ireland with prudence and energy, be effectual in obtaining for

the Irish people their national rights.

"I have reason to believe that in this opinion a very large

majority of my constituents concur. To them alone I hold myself

responsible for the performance of my parliamentary duty. If

they had disapproved of my continued absence from the House of

Commons, I should have felt it my duty to have withdrawn from

the representation of the county of Limerick; but I have the

satisfaction of thinking that I not only consult the interests,

but also comply with the wishes of my constituents in declining

to engage in the struggles of English party, or to involve

myself in the details of English legislation.

"While such have been the general impressions under which I have

absented myself during nearly two years from the House of

Commons, I yet do not feel myself at liberty to forego whatever

power of resistance to the progress of pernicious legislation my

office of representative may confer upon me. Upon the present

occasion, I have come to London for the purpose of endeavouring

to induce the House of Commons, or rather the Government, who

appear to command the opinions of a large majority of the House,

to modify some of the Irish measures now before Parliament in

such a manner as to render them beneficial, instead of

injurious, to Ireland.

"Desiring that none but the representatives of the Irish nation

should legislate for Ireland, we have no wish to intermeddle

with the affairs of England, or Scotland, except in so far as

they may be connected with the interest of Ireland or with the

general policy of the empire.

"In obedience to this principle I have abstained from voting on

English and Scotch questions of a local nature, and the same

motive now induces me to decline attendance on committees on any

private bills, except such as relate to Ireland.

"I am prepared to abide with cheerfulness the personal

consequences which may result from the course of conduct which I

feel it my duty to adopt.

"I speak with great diffidence upon any question of a legal

kind, but I am supported by very high professional authority

when I suggest to the committee that no power was delegated to

the House of Commons by the Act of Union, or by subsequent

statutes, to compel to attendance Irish members on the

deliberations of the British Parliament. Neither do I find that

any authority has been given by statutory enactment to the House

(except in the case of election petitions) to enforce the

attendance of members upon committees.

"I refrain, however, from arguing legal questions which may be

raised before another tribunal, in case it should become

necessary and advisable to appeal from the decision of the House

of Commons to the courts of judicature, and conclude by assuring

the committee that I take the course which I propose to

adopt, not from any desire to defy the just authority of the

House of Commons, but in obedience to my sense of the duty which

I owe to my constituents and my country.

"I have the honour to be, your obedient servant,

"WILLIAM S. O'BRIEN.

"To the Chairman of the Committee of Selection."

[Illustration: Thomas Devin Reilly]

Mr. O'Connell's letter bears date on the next day, as announced in the

correspondent's notice, because it was intended it should not be

delivered until the honourable gentleman was beyond the pale of English

jurisdiction.

"BRITISH HOTEL, JERMYN STREET,

8 a.m., _July 1st._

"Sir.--I have to acknowledge the receipt of a notification by

order of your committee, to the effect that my attendance in

Parliament will be required during the week beginning Monday,

14th July, for the purpose of serving, if chosen, on a

parliamentary committee.

"With every respect to you, Sir, and the gentlemen of your

committee, I absolutely decline attending.

"I, like some others, came to London the first time this session

about a fortnight ago to remonstrate against and endeavour to

resist the plan of infidel education which the Government are

forcing upon Ireland. We had not, nor for some years have had,

the slightest hope of obtaining any measure of good from a

foreign parliament; but we came against our better judgment,

that it might not be said we had not gone all lengths to

endeavour to deter the Government from a scheme so redolent of

political corruption, social profligacy and religious

infidelity.

"We came armed with multitudinous petitions of the people, and

the strong, unanimous and most decided protest from our revered

prelacy and clergy.

"We were of course mocked at, derided and refused; but, what is

of infinitely more consequence, the voice of our prelates and of

the faithful people of Ireland have been treated with utter

contempt--even Irish Catholics (yielding to the unwholesome

influences around them) joining in the contemptuous refusal.

"Under these circumstances, Sir, I certainly will not suffer

that portion of the people of Ireland who have entrusted their

representation to my charge to be further mocked at and insulted

in my person. I go to where I can best discharge my duty to them

and to Ireland--_in Ireland_. There struggling, with doubtless

as little ability, but with more energy and, if possible, more

whole-hearted devotion than ever, to put an end to the present

degradation of my country and obtain for her that which can

alone ensure protection to her interests, relief to her many

wants, and peace, freedom and happiness to her long oppressed

and long enduring people,

"I have the honour to be, Sir,

"Your obedient servant,

"JOHN O'CONNELL.

"To the Chairman of the Committee of Selection."

These documents were entered on the minutes of the Association, and

remained on its records with the original resolution. But no more was

done in the matter until the beginning of April, 1846.

Mr. O'Connell and his son were in London, and Mr. O'Brien remained in

Ireland. They had been all summoned to attend on committees. When Mr.

O'Brien reached London, he found that the Messrs. O'Connell, without any

previous communication with him or with the Association, and without

reference to the solemn resolution, to the contrary, of that body, were

acting on committees. This deeply disappointed and mortified him, and he

at once resolved to remain faithful, at all risks, and though he stood

alone, to the obligation which he had contracted with the sanction and

approval of his country. Whatever may be the temper and resolution of

the House of Commons, had it been resisted by the unbroken strength of

the Association, it felt confident of its power to crush Mr. O'Brien

alone, separate from, nay, abandoned by, the great leader of the Irish

people. It must be acknowledged that the course pursued by the Commons

was considerate and moderate. A principle involving their liberty of

action was in issue; to vindicate it was indispensable; but finding

themselves only opposed by a single man, of all those who had provoked

the encounter, they proceeded with caution and forbearance. They

forewarned, counselled and remonstrated during the time that intervened;

and several members of the House, including Mr. O'Connell, urged Mr.

O'Brien to give way. He refused, determinedly, and it may be supposed

not the less sternly, when he found, among those who advised him to

falsify his solemn promise, the man upon whose authority and through

whose influence he had made it. The result was, his arrest and

imprisonment, for disobedience to the House. Circumstances more trying

never beset the fortitude of a great man. Personal liberty was his

slightest loss. The sneers of his enemies, the pity of his personal, and

the desertion of his political, friends poisoned[A] the very air of the

miserable cell to which he was consigned, and what completed his agony

was a notion that he had been abandoned by his country.

During the early part of his imprisonment, a motion was made questioning

the authority of the House. In the course of the discussion, Sir Thomas

Wilde, then Attorney-General, dared any constitutional lawyer to impugn

the jurisdiction assumed by the House. Every member felt that the

challenge was offered to Mr. O'Connell, who replied as follows:--

"I am sure that the House will give credit to my assurance that

I should not rise to advocate the cause of my honourable friend,

if I thought he had had the slightest intention of being

disrespectful towards the House. It has not been his intention

to be guilty of any contempt towards it: he thought he was

entitled to make the exception to which he adheres. He has acted

from a strong sense of duty, and I am sorry to see it is a sense

of duty he is not likely to give up."

I add to this an extract from his speech delivered at the Corn Exchange,

when, in spite of the most earnest remonstrance, the Association offered

its defiance in solemn form to the British Parliament.

"Mr. O'Connell rose amid loud cheers, and said:--Our usual

course of proceeding in this hall is to commence with handing in

money, and then to go on with business of inferior importance,

the business of making speeches (hear! hear! and laughter); but

among the passing events of the day, there is one of such signal

importance, that I am sure you will readily admit that I am

right when I claim for it, on the present occasion, a right of

precedence over any donation or subscription, no matter from

what quarter they may come. The matter I allude to is a menace

held out for the intimidation (as it is supposed) of the Irish

members who are given to understand that there is about to be a

call of the House, and that it is intended that the Speaker's

warrant shall issue to compel them to go over to London. Now,

sir, I think it right to apprise the Association and the country

that, having considered this question attentively, I have made

up my mind that the Speaker has no constitutional authority

whatever to issue any such warrant."

But what pained Mr. O'Brien the deepest was the apparent coldness,

apathy or cowardice of the Irish people. Among them, and them only, he

calculated an enthusiastic sustainment. But those who felt the deepest

in his regard were constrained by the responsibility of coming to an

open rupture with Mr. O'Connell, at a time when union in the ranks of

the Association was indispensable to even partial success. A vote was

proposed to the committee, approving of Mr. O'Brien's act, and pledging

the Association to an identification with the principle by which his

conduct was governed. That vote was resisted by the whole of Mr.

O'Connell's family, and personal friends and by all the pensioners and

employes of the body. It was carried, nevertheless. But a motion to

consult Mr. O'Connell as to its legality was passed, and the resolution

was transmitted to him accordingly. His reply was an urgent remonstrance

against the resolution on the ground of illegality. Meantime,

representations were made that a certain party in the Association,

intolerant of Mr. O'Connell's sway, were using that occasion to

undermine his authority and overthrow his power. The great

responsibility of causing disunion determined the supporters of the

resolution to compromise with its opponents, and it was finally shaped

thus:--

"Resolved, That having learned with deep regret, that by a

resolution of the House of Commons the country has been deprived

of the eminent services of Mr. William Smith O'Brien, and that

illustrious member of this Association himself committed to

prison, we cannot allow this opportunity to pass without

conveying to him the assurance of our undiminished confidence in

his integrity, patriotism and personal courage, and our

admiration for the high sense of duty and purity of purpose

which prompted him to risk his personal liberty in assertion of

a principle which he believed to be inherent in the constitution

of his country."

It was again, in its modified form, transmitted to Mr. O'Connell, and

returned with his disapprobation. Captain Broderick read a letter from

him, to that effect, at a meeting of the committee, suddenly summoned on

Monday, the 4th of May, a few hours only previous to the public meeting

of the Association, deprecating the passing of the resolution in any

form. The present writer was the proposer of the resolution, and,

feeling that he had already made too great a compromise, he refused to

accede to this last request of Mr. O'Connell. The resolution was

proposed and adopted with acclamation, and a letter was read from Mr.

O'Connell, by Mr. Ray, in which he stated that the resolution did not go

far enough.

In the provinces, the timid policy of the Association was decried with

bitterness, and the men who struggled, against great odds, to identify

the whole island with Mr. O'Brien, and pledge it to sustain him to the

last, were subjected to the most virulent denunciations. Because the

compromised resolution was moved, seconded, and spoken to by them, the

whole country regarded them as the betrayers of their own avowed chief,

and the violence with which they were attacked was unmeasured and

unscrupulous.

They made no reply. No unjust aspersions from a people in ignorance of

the resistance offered to them, and the motives that influenced them,

could induce them to explain the position they had taken. But when they

saw while they were subjected to the storm that Mr. O'Connell's friends,

on the authority of his published letter, took credit for neutrality,

they resolved once more to test the question in a body, whose

proceedings were of a more private character, and where the most marked

difference of opinion could lead to no fatal result--the Eighty-Two

Club. Mr. O'Connell was the president of this club, and Mr. O'Brien one

of its vice-presidents. A meeting was called. The attendance was

unusually large. Men who had never before, and have never since,

appeared at its meetings, were present. The question proposed was that

an address be presented to Mr. O'Brien, in which his principles and his

conduct would be fully recognised, approved of and adopted. This led to

a discussion that lasted two days, but the motion was carried in the

end by a majority of two to one. One man, and one only, unconnected with

Mr. O'Connell, either by personal friendship or personal obligations,

voted against the resolution. That man is Sir Colman O'Loghlen. His name

is mentioned, because he was the only member of the minority whose

motives could be regarded as unquestionable. For the rest, the minority

was composed of Mr. O'Connell's sons and relatives, with Mr. Ray and Mr.

Crean, officers of the Association, and one or two members whom he had

caused to be returned to Parliament, amounting to twelve. A committee

was appointed to prepare the address and resolutions, which were written

by John Mitchel, and adopted by the committee without the change of a

word. They also determined that the address should be adopted in its

integrity by the club, or not at all. When it was proposed, objection

was again taken to its principle, on the ground that it would commit the

club, and involve it in a hopeless conflict with the House of Commons

which of itself, it was averred, would be a misdemeanour at common law.

The proposition was eminently absurd in common sense, as well as law,

but it was sustained by the practised ingenuity and great skill of Mr.

O'Hea, who, to do him justice, seemed deeply to feel the hopelessness

and shamefulness of the task that was assigned him. But no other

argument could prevail, and this appeal to the fears or selfishness of

its wealthiest members was had recourse to in consequence of the utter

poverty of reason and argument, which could otherwise be presented

against the principle of the address. But such an obligation led to a

novel difficulty and bitterer conflict. A discussion involving

principles of the greatest moment narrowed into a technical disquisition

of abstract law. Mr. O'Hea was driven from his position by the unanimous

and unqualified opinion of every barrister present, and even by his own

silence, when dared to allow the address to pass in the negative, and

assume the responsibility of its rejection on the avowed ground of his

legal opinion, as expressed to the meeting. The address was adopted by a

greater majority than that which had confirmed the principle on the

previous day, and a deputation was appointed to present it to Mr.

O'Brien in his prison.

The members of that deputation, who proceeded to fulfil their mission,

were William Bryan, of Raheny Lodge; John Mitchel, Richard O'Gorman,

Thomas Francis Meagher and the present writer. They were accompanied by

Terence Bellew MacManus and John Pigot, who joined them in London. They

waited on Mr. O'Connell, as the president of the club, produced the

address and requested he would proceed with them to present it. He

admitted, without question, that as it was adopted by so very large and

influential a majority, he was bound to do so. But he added that Mr.

O'Brien refused to receive a visit from him, owing to the part he had

taken, and further said, if Mr. O'Brien expressed a wish to see him,

that he would accompany us. The deputation on their way to the House of

Commons consulted for a moment, and, as well as I remember, Doctor Gray

and some others were present: the result was a determination to present

the address without Mr. O'Connell, feeling that an explanation between

him and Mr. O'Brien, could not fail to lead to unpleasant

recriminations, if not to more serious differences. The address and

answer were as follows:--

"TO WILLIAM SMITH O'BRIEN, ESQ.

"RESPECTED VICE-PRESIDENT AND BROTHER.

"Heartily approving of the course you have taken in refusing to

devote to the concerns of another people any of the time which

your own constituents and countrymen feel to be of so much value

to them, we, your brethren of the '82 Club, take this occasion

of recording our increased confidence in, and esteem for you,

personally and politically, and our determination to sustain and

stand by you in asserting the right of Ireland to the

undistracted labours of our own representatives in Parliament.

"We, sir, like yourself, have long since 'abandoned for ever all

hope of obtaining wise and beneficial legislation for Ireland

from the Imperial Parliament'; nor would such legislation, even

if attainable, satisfy our aspirations. We are confederated

together in the '82 Club upon the plain ground that no body of

men ought to have power to make laws binding this kingdom, save

the Monarch, Lords, and Commons of Ireland. From that principle

we shall never depart, and with God's help it shall soon find

recognition by a parliament of our own.

"Upon the mode in which the House of Commons has thought fit to

exercise the privilege it asserts in the present instance--upon

the personal discourtesy which has marked all the late

proceedings in your regard, we shall make but one comment, that

every insult to you is felt as an insult to us and to the people

of Ireland.

"It would be idle and out of place to offer condolence to you,

confined in an English prison for such an offence. We

congratulate you that you have made yourself the champion of

your country's rights, and submitted to ignominy for a cause

which you and we know shall one day triumph.

"(Signed)

"COLMAN M. O'LOGHLEN, Vice-President, Chairman.

"May 9th, 1846."

"BROTHERS OF THE '82 CLUB.--I receive this address with pride

and satisfaction.

"I recognise in the '82 Club a brotherhood of patriots, who have

volunteered to take the foremost place in contending for the

liberties of Ireland, and who may vie, in regard of ability,

integrity and sincerity of purpose, with any political

association, consisting of equal numbers, which has ever been

united in voluntary confederation.

"The unqualified approval accorded to my conduct by such a body

justifies me in entertaining a sentiment of honourable pride,

which I am not ashamed to avow.

"Nor shall I attempt to disguise the satisfaction with which I

receive this address.

"If you had approached me with language of condolence, I could

scarcely have dissembled my grief and disappointment; but you

have justly felt that such language would be unsuited to the

occasion, and unworthy both of yourselves and of me.

"On the contrary, you _congratulate_ me upon being subjected to

reproach and indignity for having aspired to vindicate the

rights of my native land; you deem, as I deem, that to suffer

for Ireland is a privilege rather than a penalty.

"In acknowledging your address, I shall not dwell upon the many

important considerations which are involved in my present

contest with the House of Commons. I cannot but think, indeed,

that the constitutional questions at issue are of the highest

moment, not alone to the Irish people, but also to each member

of the legislature, and to every parliamentary elector in the

United Kingdom. Upon the present occasion, however, I am

contented to waive all reference to collateral issues, and to

justify my conduct upon the simple ground upon which it has

received your approval--namely, that until a domestic

legislature shall be obtained for Ireland, my own country

demands my undivided exertions.

"Be assured that those exertions will not be withheld so long as

life and liberty remain to me, until Ireland shall again _fiat_

the Declaration of 1782: 'That no body of men is entitled to

make laws to bind the Irish nation save only the Monarch, the

Lords, and the Commons of Ireland.'"

On my way home I was invited to address a public meeting of Repealers in

Liverpool. I accepted the invitation, and in the course of my

observations, emphatically repudiated all compromise on the subject of

my country's deliverance. I disclaimed the idea that any concessions,

any equalization with England in political franchises, any amelioration

of our political or social condition, could ever be accepted by Ireland

in compromise of her inalienable independence. When I arrived in Dublin,

I attended the Association, and, happening to read a letter from the

Rev. Mr. Walshe, of Clonmel, couched in the warmest terms of admiration

of Mr. O'Brien's purity and heroism, the cowardice or jealousy of a

certain party in the Hall found expression through its proper organs,

and I was called to order in the name of the law. A violation of law to

_praise_ William Smith O'Brien! The chairman decided it was. To such

decision I scorned to submit, and I read the letter to the end, amidst

the most enthusiastic cheers of the audience. I was proceeding to read

another letter from another clergyman of the same town, written in a

very different spirit, when I was besought to withhold it, and entreated

not to read it. I complied. It is but fair to add here that on the

Saturday previous, an article was published in the _Nation_, some

expressions of which Mr. O'Connell considered personally insulting.

Whether Mr. O'Connell was influenced by one or all of these occurrences,

cannot be affirmed here. But he proceeded to Ireland in the course of

the week, and suddenly called a meeting of the Committee of the

Association, before which he arraigned us of discourtesy to him in

London, found fault with the meeting at Liverpool, accused the _Nation_

of attacking him, and, finally, expressed his unequivocal disapprobation

of my resistance to the order of the chairman in the Hall. The

deputation explained their conduct in London, and the motives that

governed them, with which he appeared to be satisfied. All connection

with the proceeding in Liverpool with which he took offence, was

disclaimed, and, finally, Mr. Duffy satisfied him that no offence was

meant him in the _Nation_, and that the passage of which he complained

had no reference to him.

The discussion was a long and, to some extent, an angry one. It ended,

however, as we thought, amicably. Mr. O'Connell had proposed at the

outset two objects, namely, to express a solemn condemnation of the

proceedings in Liverpool, and to expel the _Nation_ from the

Association. The rule of the Association was to send to every locality,

at the expense of the body, whatever papers the subscribers of a

certain sum desired. There were then three other weekly papers in

Dublin, The _Register_, the _Freeman_, and the _Old Irelander_. The

_Nation_ had a circulation nearly equal to that of all the others. Its

expulsion from the Association would at once deprive it of all the

circulation it had through its agency, thus involving a very serious

pecuniary loss to Mr. Duffy.

The two positions were abandoned, and the Committee separated on

amicable terms. Another subject of importance was under discussion. This

was, what suitable mark of national respect should be offered to Mr.

O'Brien; and it was proposed that the committee should re-assemble on

the following day (Sunday), at two o'clock. At the second meeting the

disagreeable topics of the former evening were revived and discussed in

a more acrimonious spirit and tone. The Committee was differently

composed, most of the treasurers connected with the Committee being

present, and most of the professional men, who attended on Saturday,

being absent, Mr. O'Connell saw his advantage, or those under whose

guidance he unfortunately was, saw it, and urged him on. He clearly had

a majority. But having satisfied himself he could succeed, with a

resolution refusing to circulate the _Nation_, he generously conceded

the whole matter; and once more the Committee separated on good terms.

It was hoped that, as the concession was entirely voluntary, Mr.

O'Connell would be content. This was a vain hope. On the next day, he

referred to the subject in terms of unmitigated animosity; and on

Tuesday the resolution of exclusion, in effect, though not formally,

passed in the absence of most of those who were well known to be opposed

to it.

One word of concession would have saved the _Nation_ at this juncture;

but that one word would not be written, had the consequence of refusal

been the loss of every subscriber it had in the world. It maintained its

high position in face of the two despotisms which had combined to crush

it. The resolution of the Association was not formally recorded, but it

remained in readiness to be re-asserted as soon as the trial in the

Queen's Bench would be over.

That trial was for the celebrated railroad article, written by John

Mitchel. When the article first appeared, Mr. O'Connell came to the

_Nation_ office. He seated himself familiarly, and, seeing all its

contributors around him, he said: "I came to complain of this article."

He then read through until where certain principles, previously

promulgated, were recommended to Repeal wardens as the catechism they

should teach. "I do not object," said he, "to your principles; but I

object to your coupling them with the duties of Repeal wardens who are

the officers of the Association." Mr. Duffy promised, at once, to

explain the matter, to Mr. O'Connell's satisfaction, in the next number.

He did so accordingly, and no more was said of it until after the

prosecution was commenced.

On the 17th of June, Mr. Duffy was placed at the bar, on an information

or indictment setting forth the entire of the obnoxious article. The

Government was vehement and imperative, and the Bench constitutionally

jealous of the law. The prosecution was conducted with malevolent

ability, and the court charged, with pious zeal, for the crown. Robert

Holmes was counsel for the accused and, in an impassioned speech, on

every word of which was stamped the impress of originality, vigour and

beauty, vindicated not the "liberty of the press," but the truth of the

startling propositions Mr. Mitchel had propounded.

In the Hall, the speech was regarded as triumphant for the country, but

conclusive against Mr. Duffy. It was said that for sake of his client he

should confuse, confound and deny. The fact, however, justified the

advocate. When Mr. Mitchel first promulgated his principles, they grated

strongly on the public ear. Men openly pronounced the doctrines

pernicious and bloody. But the veteran of the bar, speaking in the

spirit of the more glorious times he remembered, denounced as a slave

and a toward any one who thought them too strong for the occasion on

which they were used, and the provocation to which they applied. For a

brief moment he awoke in other hearts the spirit that lived in his own.

The jury refused to convict, and were discharged. But the prosecution in

which the Attorney-General failed, was transferred before a more loyal

tribunal, and Mr. Duffy was condemned by the judgment of _Conciliation_

Hall; a judgment of which something remains to be said hereafter.

It has been stated that the subject of testifying the respect of the

_Nation_ for its chivalrous advocate, after his release from the prison

of the House of Commons--he was discharged without compromise or

submission on the 26th of May--was under discussion.

A public and triumphal entry was determined on. But Mr. Smith O'Brien,

desirous that the State prisoners of 1844 should be participators in

any tribute of respect offered to him, requested that the 6th of

September, the day of their release from prison, should be fixed on for

a public triumph, in which all alike could share.

[Illustration: John Mitchell]

Mr. O'Brien passed through the metropolis quietly on his way home; but

in Limerick and Newcastle was received by hundreds of thousands with

boundless joy. When he returned to town, it was to be expelled from that

body to which he, of all living men, gave most firmness, and for which

he alone acquired most respect. In the events which followed, the public

dinner was forgotten.

It is now time to recur to those events, some of which at least range

behind those already detailed--to which the following preliminary may be

necessary. Early in June, a meeting was held at Lord John Russell's,

when the minister-expectant explained the grounds on which he claimed

the support of the entire Liberal Party. The English Liberals, generally

and enthusiastically, acquiesced. The correspondent of the _Evening

Mail_, writing from London, stated that Mr. O'Connell added to his

adhesion, a voluntary promise to sink the cause of Repeal provided

measures of a truly liberal character were carried into effect. He,

moreover, said that he never meant more by Repeal than a thorough

identification of the two countries. The _Nation_ indignantly repelled

the insinuations of the correspondence, and pronounced it a lie. Mr.

O'Connell and his friends passed the _Mail_ by unnoticed, but bestowed

on the _Nation_ their measureless wrath. It was never afterwards

forgiven.

The Felon's Track; Or, History of the Attempted Outbreak in Ireland Embracing the Leading Events in the Irish Struggle From the Year 1843 to the Close of 1848 · 第 4 / 10 章