It was necessary that Roman Catholic electors should take an oath and obtain a certificate of their having done so from a magistrate. The friends of Mr. Fitzgerald insisted that this oath should be taken, which caused considerable delay; but a magistrate having been obtained, the freeholders were sworn en masse. Brought into a yard, enclosed within four walls, twenty-five voters were placed against each wall, and thus the oath was simultaneously taken. The effects of this machinery upon the poll soon became manifest. Mr. O'Connell ran ahead of his opponent, and on the second day the result was no longer doubtful. Mr. Fitzgerald would have abandoned the contest, but the landlords resolved that the last man whom they could command should be polled out. They exerted themselves to the utmost to prevent the defection of their tenantry. The most influential of them had their freeholders mustered in a body, and came forward to the hustings at their head, exhorting, promising, threatening, reminding them of past favours, and hinting at the consequences of forsaking their best friends and natural protectors; but the moment O'Connell or a priest appeared—shouting: "Vote for your country, boys!" "Vote for the old religion!" "Down with Vesey!" "Hurrah for O'Connell!"—they changed sides to a man, with a wild, responsive cheer. One priest, Father Coffey, adhered to Mr. Fitzgerald. "But," says Mr. Sheil, "the scorn and detestation with which he was treated by the mob clearly proved that a priest has no influence over them when he attempts to run counter to their political passions. He can hurry them on in the career in which their own feelings impel them, but he cannot turn them into another course." The generality of the orators were heard with loud and clamorous approbation; but at a late hour one evening, when it was growing rapidly dark, a priest came forward on the platform, who addressed the multitude in Irish. Ten thousand peasants were assembled before the speaker, and a profound stillness hung over the almost breathless mass. For some minutes they continued thus deeply attentive, and seemed to be struck with awe as he proceeded. Suddenly the priest and the whole multitude knelt down with the precision of a regimental evolution. Priest and people were both silent, but they were offering up a mental prayer for mercy on the soul of one of Vesey Fitzgerald's voters, who had died that day, and had been accused of taking a bribe. The polling, which lasted five days, at length closed. The court-house was again crowded, as on the first day. Mr. Vesey Fitzgerald appeared again at the head of the aristocracy, and Mr. O'Connell at the head of the priests and the "Forties." The moment the latter was declared by the sheriff duly elected, the first Roman Catholic M.P. since the Revolution, a friend presented him with a letter to be franked. Addressed to a member of the House of Commons, it was posted that night, and when it arrived at its destination it was handed about amongst the members, exciting curiosity and astonishment. It was said also to have found its way to the king, who probably felt thankful that his brother, the Duke of York, did not live to see "Daniel O'Connell, M.P." Mr. O'Connell made a speech, distinguished by just feeling and good taste, and begged that Mr. Fitzgerald would forgive him if he had on the first day given him any sort of offence. Mr. Fitzgerald came forward, and unaffectedly assured him that whatever was said should be forgotten. He was again hailed with universal acclamation, and delivered an admirable speech. During the progress of the election he could not refrain from repeatedly expressing his astonishment at what he saw, and from indulging in melancholy forebodings of events of which these incidents were perhaps but the heralds. "Where is all this to end?" was a question frequently put in his presence, and from which he seemed to shrink.
There was, however, no violation of the peace, which Lord Anglesey had taken effective measures to preserve. He had placed at the disposal of Major Warburton 47 artillery, with two 6-pounders; 120 cavalry, and 415 infantry. These were at Clare Castle, close at hand; within a few miles there were 183 cavalry, and 1,313 infantry; within thirty-six miles, 28 cavalry, 1,367 infantry, and two 6-pounders; and at a farther distance there was a regiment of cavalry and above 800 infantry. There were besides, on duty at Ennis, 300 of the constabulary.
Mr. Peel's reflections on the Clare election are deeply interesting. "It afforded," he writes, in his Memoirs, "a decisive proof, not only that the instrument on which the Protestant proprietor had hitherto mainly relied for the maintenance of his political influence had completely failed him, but that, through the combined exertions of the agitator and the priest—or, I should rather say, through the contagious sympathies of a common cause among all classes of the Roman Catholic population—the instrument of defence and supremacy had been converted into a weapon fatal to the authority of the landlord. However men might differ as to the consequences which ought to follow the event, no one denied its vast importance. It was seen by the most intelligent that the Clare election would be the turning-point in the Catholic question—the point—
"'Partes ubi se via findit in ambas.'"
The Home Secretary thus refers to a letter of Lord Eldon, written to his daughter soon after the event, as follows:—"After observing, 'Nothing is talked of now which interests anybody the least in the world, except the election of Mr. O'Connell,' he makes these memorable remarks:—'As Mr. O'Connell will not, though elected, be allowed to take his seat in the House of Commons unless he will take the oaths, etc. (and that he won't do unless he can get absolution), his rejection from the Commons may excite rebellion in Ireland. At all events, this business must bring the Roman Catholic question, which has been so often discussed, to a crisis and a conclusion. The nature of that conclusion I do not think likely to be favourable to Protestantism.' It is clear, therefore," continues Mr. Peel, "that Lord Eldon was fully alive to the real character and magnitude of the event."
Mr. Peel publishes the letters that passed between him and Mr. Fitzgerald while the election was pending, and from these it would appear that the latter thought the contest would be violent and exasperated. After the fight was over, he said he had polled the gentry to a man, and all the fifty-pound freeholders. The organisation which had been shown was so complete and formidable that no man could contemplate without alarm what was to follow in that wretched country. Mr. Peel observes:—"The last letter of Mr. Fitzgerald is especially worthy of remark. Can there be a doubt that the example of the county would have been all-powerful in the case of every future election in Ireland for those counties in which a Roman Catholic constituency preponderated? It is true that Mr. O'Connell was the most formidable competitor whom Mr. Fitzgerald could have encountered; it is possible that that which took place in Clare would not have taken place had any other man than Mr. O'Connell been the candidate; but he must be blind, indeed, to the natural progress of events, and to the influence of example, in times of public excitement, on the feelings and passions of men, who could cherish the delusive hope that the instrument of political power, shivered to atoms in the county of Clare, would still be wielded with effect in Cork or Galway.
"The Clare election supplied the manifest proof of an abnormal and unhealthy condition of the public mind in Ireland—the manifest proof that the sense of a common grievance and the sympathies of a common interest were beginning to loosen the ties which connect different classes of men in friendly relations to each other, to weaken the force of local and personal attachments, and to unite the scattered elements of society into a homogeneous and disciplined mass, yielding willing obedience to the assumed authority of superior intelligence hostile to the law and to the Government which administered it. There is a wide distinction (though it is not willingly recognised by a heated party) between the hasty concession to unprincipled agitation and provident precaution against the explosion of public feeling gradually acquiring the strength which makes it irresistible. 'Concede nothing to agitation,' is the ready cry of those who are not responsible—the vigour of whose decisions is often proportionate to their own personal immunity from danger, and imperfect knowledge of the true state of affairs. A prudent Minister, before he determines against all concession—against any yielding or compromise of former opinions—must well consider what it is that he has to resist, and what are his powers of resistance. His task would be an easy one if it were sufficient to resolve that he would yield nothing to violence or to the menace of physical force. In this case of the Clare election, and of its natural consequences, what was the evil to be apprehended? Not force, not violence, not any act of which law could take cognisance. The real danger was in the peaceable and legitimate exercise of a franchise according to the will and conscience of the holder. In such an exercise of that franchise, not merely permitted, but encouraged and approved by constitutional law, was involved a revolution of the electoral system in Ireland—the transfer of political power, so far as it was connected with representation, from one party to another. The actual transfer was the least of the evil; the process by which it was to be effected—the repetition in each county of the scenes of the Clare election—the fifty-pound free-holders, the gentry to a man polling one way, their alienated tenantry another—all the great interests of the county broken down—'the universal desertion' (I am quoting the expressions of Mr. Fitzgerald)—the agitator and the priest laughing to scorn the baffled landlord—the local heaving and throes of society on every casual vacancy in a county—the universal convulsion at a general election—this was the danger to be apprehended; those were the evils to be resisted. What was the power of resistance? 'Alter the law, and remodel the franchise,' was the ready, the improvident response. If it had been desired to increase the strength of a formidable confederacy, and, by rallying round it the sympathies of good men and of powerful parties in Great Britain, to insure for it a signal triumph, to extinguish the hope of effecting an amicable adjustment of the Catholic question, and of applying a corrective to the real evils and abuses of elective franchise, the best way to attain these pernicious ends would have been to propose to Parliament, on the part of the Government, the abrupt extinction of the forty-shilling franchise in Ireland, together with the continued maintenance of civil disability."
"I well know that there are those upon whom such considerations as these to which I have been adverting will make but a faint impression. Their answer to all such appeals is the short, in their opinion the conclusive, declaration—'The Protestant Constitution in Church and State must be maintained at all hazards, and by any means; the maintenance of it is a question of principle, and every concession or compromise is the sacrifice of principle to a low and vulgar expediency.' This is easily said; but how was Ireland to be governed? How was the Protestant Constitution in Church and State to be maintained in that part of the empire? Again I can anticipate the reply—'By the overwhelming sense of the people of Great Britain; by the application, if necessary, of physical force for the maintenance of authority; by the employment of the organised strength of Government, the police and the military, to enforce obedience to the law.'"