DANIEL O'CONNELL. (After the Portrait by Sir David Wilkie.)

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Then—by a process of argument so close, so logical, as to amount to a demonstration—Sir Robert Peel meets this objection, and shows that the proposals of the Conservative party afforded no solution of the real difficulty. Granted that the overwhelming sense of the people of Great Britain was against concession, what aid could they afford in the daily, practical administration of the law in Ireland? If seditious libels were to be punished, or illegal confederacies, dangerous to the public peace, to be suppressed, the offenders could only be corrected and checked through the intervention of an Irish jury, little disposed, if fairly selected, to defer in times of political excitement to the authority of English opinion. But the real difficulty to be surmounted was not the violation of the law; it lay, rather, in the novel exercise of constitutional franchises, in the application of powers recognised and protected by the law, the power of speech, the power of meeting in public assemblies, the systematic and not unlawful application of all these powers to one definite purpose—namely, the organisation of a force which professed to be a moral force, but had for its object to encroach, step by step, on the functions of regular government, to paralyse its authority, and to acquire a strength which might ultimately render irresistible the demand for civil equality. If, then, Irish agitation could not be repressed through the action of Irish juries, if the agitators kept strictly within the letter of the law, so that even a conviction by an Irish jury might be pronounced, by the highest legal authorities in England, an Act making trial by jury "a mockery, a delusion, and a snare," how was the public opinion of England and Scotland to be brought to bear in putting down the popular will in Ireland? It could be done only through the Imperial Parliament, by having a law passed to suspend or abolish the Constitution in Ireland. But the existing Parliament could not be got to pass any such measure, for the House of Commons had just voted that the proper way to put down agitation in Ireland was to grant Catholic Emancipation; and that the remedy of establishing civil equality ought to be tried without delay. Was there any hope that a dissolution of Parliament would produce different results? No; for at the general election of 1826, Yorkshire, Lancashire, Middlesex, Surrey, Kent, and Devonshire sent representatives to Parliament, a majority of whom voted against the maintenance of Protestant ascendency in Ireland. The members for London, for Liverpool, for Norwich, for Coventry, for Leicester, were equally divided on the question; while the members for Westminster, Southwark, Newcastle-upon-Tyne, Preston, Chester, and Derby voted unanimously for concession. Now, the Parliament which assumed this Liberal complexion had been elected in circumstances calculated to call forth the strongest manifestation of Protestant feeling; for it was only the previous year that, after long discussion and a severe contest, the Commons had sent up to the Lords, by a majority of twenty-one, a Bill for the repeal of Roman Catholic disabilities. Then, with regard to Ireland, what would have been the effect of a general election there? Would not the example of Clare have been imitated in every county and borough where the Roman Catholic electors were the majority? And what would have been the effect of such an attempt on the public peace? Probably, to involve the whole island in the horrors of a civil and religious war; to be followed by another penal code.

Referring to the means at the disposal of Government for putting down the agitations by military force, Peel has this remarkable passage:—"This is a very delicate matter to discuss; but why have I deferred for twenty years this vindication of my conduct? Why have I consented to submit for that long period to every reproach which malice, or mistake, or blindness to the real state of affairs could direct against me, except in the hope that the time would come (I cared little whether I were in the grave or not when it should come) when delicate matters might safely be discussed, and when, without prejudice to the public interests, or offence to private feelings, the whole truth might be spoken? I deliberately affirm that a Minister of the Crown, responsible at the time of which I am speaking for the public peace and the public welfare, would have grossly and scandalously neglected his duty if he had failed to consider whether it might not be possible that the fever of political and religious excitement which was quickening the pulse and fluttering the bosom of the whole Catholic population—which had inspired the serf of Clare with the resolution and energy of a free man—which had, in the twinkling of an eye, made all considerations of personal gratitude, ancient family connection, local preferences, the fear of worldly injury, the hope of worldly advantage, subordinate to the all-absorbing sense of religious obligation and public duty—whether, I say, it might not be possible that the contagion of that feverish excitement might spread beyond the barriers which, under ordinary circumstances, the habits of military obedience and the strictness of military discipline opposed to all such external influences."

The chief governor of Ireland, at that time, was no timid civilian. He was a brave and distinguished soldier—a man of chivalrous honour himself, and therefore not prone to entertain doubts injurious to the honour of the profession of which he was an ornament. But Lord Anglesey was also capable of estimating the force of popular contagious influences on military discipline and fidelity in an extraordinary national crisis; and he was so alarmed at the state of things developed by the Clare election, that he wrote confidentially to Mr. Peel, cautioning him against supposing that Mr. Vesey Fitzgerald, from vexation and disappointment, should exaggerate the danger of the crisis, and telling him that he would send Major Warburton on a secret mission, known only to his private secretary, to explain to the Government in London the state of affairs. Major Warburton, a very intelligent and trustworthy officer, was at the head of the constabulary, and commanded the force at Clare during the election. He testified, as the result of his observation there, that, even in the constabulary and the army, the sympathies of a common cause, political and religious, could not be altogether repressed, and that implicit reliance could not long be placed on the effect of discipline and the duty of obedience. On the 20th of July Lord Anglesey wrote as follows:—"We hear occasionally of the Catholic soldiers being ill-disposed, and entirely under the influence of the priests. One regiment of infantry is said to be divided into Orange and Catholic factions. It is certain that, on the 12th of July, the guard at the Castle had Orange lilies about them." On the 26th of July the Viceroy wrote another letter, from which the following is an extract:—"The priests are using very inflammatory language, and are certainly working upon the Catholics of the army. I think it important that the depôts of Irish recruits should be gradually removed, under the appearance of being required to join their regiments, and that whatever regiments are sent here should be those of Scotland, or, at all events, of men not recruited from the south of Ireland. I desired Sir John Byng to convey this opinion to Lord Hill."

In the meantime, Mr. Peel had, in the previous month, communicated with the Duke of Wellington, and intimated his wish to retire from the Cabinet, and from the leadership of the House of Commons, in consequence of his being in the minority upon a question which, of all others, most deeply affected the condition and prospects of Ireland, with the government of which he was charged as Home Secretary. The Duke of Wellington's sentiments did not differ from his as to the embarrassment that must arise from divided counsels in the Cabinet. The Duke also acted upon the earnest advice of Mr. Peel not to take a course which would preclude an early settlement of the question. In the debate on Lord Lansdowne's motion, on the 9th of June, that the Lords should concur in the resolution passed by the House of Commons, the Duke and Lord Chancellor Lyndhurst took part in the debate, and, though they did not concur in the resolution, which was rejected by a majority of 44, the general tenor of their speeches and of those of the bishops led Lord Lansdowne to observe, in reply, that he thought the noble lord on the woolsack and the noble duke must have had the intention of conceding the Catholic claims, for no one knew better than they did the danger of holding out expectations which could not be realised. The Session of 1828 was closed by a Speech from the Throne on the 28th of July. As only three weeks of the Session had to elapse after the Clare election, Mr. O'Connell did not offer to take his seat, preferring to make the most of the "M.P." in the work of agitation till the meeting of Parliament in the spring. And, besides, he was probably aware that he would have no opportunity of making a speech. If he appeared, the Speaker would desire him to take the oaths required by law; and if he declined, he would treat him as a stranger and intruder, and listen to nothing he had to say. He could not be summoned to the House, and compelled to attend, because he was not returned at a general election; and it was thought better to let him enjoy his senatorial honours unmolested for six months, than to enter, at the close of the Session, into an irritating and protracted contest.

On the 2nd of July, in a letter to Lord Francis Leveson Gower, the Viceroy gave his opinion of the state of Ireland in these terms:—"I begin by premising that I hold in abhorrence the Association, the agitators, the priests, and their religion; and I believe that not many, but that some, of the bishops are mild, moderate, and anxious to come to a fair and liberal compromise for the adjustment of the points at issue. I think that these latter have very little, if any, influence with the lower clergy and the population.

"Such is the extraordinary power of the Association, or, rather, of the agitators, of whom there are many of high ability, of ardent mind, of great daring (and if there was no Association, these men are now too well known not to maintain their power under the existing order of exclusion), that I am quite certain they could lead on the people to open rebellion at a moment's notice; and their organisation is such that in the hands of desperate and intelligent leaders they would be extremely formidable. The hope, and indeed the probability, of present tranquillity rests upon the forbearance and the not very determined courage of O'Connell, and on his belief, as well as that of the principal men amongst them, that they will carry their cause by unceasing agitation, and by intimidation, without coming to blows. I believe their success inevitable; that no power under heaven can arrest its progress. There may be rebellion—you may put to death thousands—you may suppress it, but it will only be to put off the day of compromise; and, in the meantime, the country is still more impoverished, and the minds of the people are, if possible, still more alienated, and ruinous expense is entailed upon the empire. But supposing that the whole evil was concentred in the Association, and that, if that was suppressed, all would go smoothly, where is the man who can tell me how to suppress it? Many cry out that the nuisance must be abated—that the Government is supine—that the insolence of the demagogues is intolerable; but I have not yet found one person capable of pointing out a remedy. All are mute when you ask them to define their proposition. All that even the most determined opposers to Emancipation say is, that it is better to leave things as they are than to risk any change. But will things remain as they are? Certainly not. They are bad; they must get worse; and I see no possible means of improving them but by depriving the demagogues of the power of directing the people; and by taking Messrs. O'Connell, Sheil, and the rest of them, from the Association, and placing them in the House of Commons, this desirable object would be at once accomplished.

"The present order of things must not, cannot last. There are three modes of proceeding: first, that of trying to go on as we have done; secondly, to adjust the question by concession, and such guards as may be deemed indispensable; thirdly, to put down the Association, and to crush the power of the priests. The first I hold to be impossible. The second is practicable and advisable. The third is only possible by supposing that you can reconstruct the House of Commons, and to suppose that is to suppose that you can totally alter the feelings of those who send them there. I believe nothing short of the suspension of the Habeas Corpus Act and martial law will effect the third proposition. This would effect it during their operation, and, perhaps, for a short time after they had ceased, and then every evil would return with accumulated weight. But no House of Commons would consent to these measures until there is open rebellion, and therefore till that occurs it is useless to think of them. The second mode of proceeding is, then, I conceive, the only practicable one; but the present is not propitious to effect even this. I abhor the idea of truckling to the overbearing Catholic demagogues. To make any movement towards conciliation under the present excitement and system of terror would revolt me; but I do most conscientiously, and after the most earnest consideration of the subject, give it as my conviction that the first moment of tranquillity should be seized to signify the intention of adjusting the question, lest another period of calm should not present itself."

Lord Anglesey had expressed himself so strongly in his communications with the Government, that he was afraid of being regarded by them as a partisan. He deprecated giving the executive any additional powers, though not without apprehensions of a rebellion, which he believed he had sufficient force to quell, even in the improbable event of foreign aid, upon which some of the Irish people might, however rashly, rely for success. On the 20th of July he wrote: "It appears not improbable there may be an attempt to introduce arms, and finally insurrection. I am quite sure the disaffected are amply organised for the undertaking. They are partially, but ill, armed. Pikes, however, to any amount, and at very short notice, would be easily manufactured, if they are not already made and secreted. Still, I cannot bring myself to believe that the ruling characters are at all inclined to put their cause to the test of arms; and if they do, I cannot imagine how, without foreign aid—of which there appears no fear—they can calculate upon success." The priests had become all silent and reserved, even towards those with whom they had hitherto maintained confidential intercourse. No money would tempt them to make a single disclosure, and there was a general impression among them that some great event was at hand. The law officers of the Crown had been consulted as to the expediency of prosecuting some of the agitators for the most violent of their speeches; but their advice was, that it could not be done with any prospect of success, because their most exciting stimulants were accompanied by declarations that they wished only to guard the Government against insurrection, which only concession could prevent. Such being the condition of Ireland, the position of the Government was in the highest degree perplexing. The House of Commons was for Emancipation; the Lords were opposed to it; the king was opposed to it. The strength of political parties was nicely balanced in Parliament, and strong political excitement prevailed on both sides of the Irish Sea. Peel, in view of this state of affairs, says: "I maturely and anxiously considered every point which required consideration, and I formed a decision as to the obligation of public duty, of which I may say with truth that it was wholly at variance with that which the regard for my own personal interests or private feelings would have dictated." His intention was to relinquish office; but he resolved not to do so without placing on record his opinion that a complete change of policy was necessary, that the Catholic question should no longer be an open question, and that the whole condition of Ireland, political and social, should be taken into consideration by the Cabinet, precisely in the same manner in which every other question of grave importance was considered, and with the same power to offer advice upon it to the Sovereign. He also gave it as his decided opinion that there was less evil and less danger in conceding the Catholic claims than in persevering in the policy of resistance. He left London for Brighton soon after the close of the Session, having made a previous arrangement with the Duke of Wellington that he should send him a memorandum explanatory of his views on the state of Ireland and on the Catholic question, and that he should write to the Duke fully in reply. On the 9th of August the Duke wrote to him as follows:—"I now send you the memorandum which I sent to the king on the state of Ireland, a letter which I sent to him at the same time, his answer, a memorandum upon the Roman Catholic question which I have since drawn up, and a letter which I wrote yesterday to the Lord Chancellor."