SIR JAMES GRAHAM.
The third reading of the Arms Bill passed by a majority of 66, and soon received the Royal Assent. In the Queen's Speech at the close of the Session there was a very pointed reference made to the state of Ireland. Her Majesty said that she had observed with the deepest concern the persevering efforts made to stir up discontent and disaffection among her subjects in Ireland, and to excite them to demand the repeal of the Union; and from her deep conviction that the Union was not less essential to the attainment of good government in Ireland than to the strength and stability of the empire, it was her firm determination, with the support of Parliament, and under the blessing of Divine Providence, to maintain inviolate that great bond of connection between the two countries. She thus concluded, "I feel assured that those of my faithful subjects who have influence and authority in Ireland will discourage to the utmost of their power a system of pernicious agitation which disturbs the industry and retards the improvement of that country, and excites feelings of mutual distrust and animosity between different classes of my people."
This royal denunciation of the Repeal movement greatly exasperated O'Connell. He had recently submitted a plan to the Repeal Association, recommended by a committee of which he was chairman, for the restoration of the Irish Parliament. In the document containing this plan it was declared that the people of Ireland finally insisted upon the restoration of the Irish House of Commons, consisting of 300 representatives, and claimed, in "the presence of the Creator," the right of the Irish people to such restoration, stating that they submitted to the Union as being binding in law, but solemnly denied that it was founded on right, or on constitutional principle, or that it was obligatory on conscience. The franchise was to be household suffrage, and the voting by ballot. It was also provided that the monarch or regent de jure in England should be the monarch or regent de facto in Ireland. This revolutionary scheme was to be carried into effect, "according to recognised law and strict constitutional principle." The arbitration courts which O'Connell had threatened to set up, in consequence of the superseding of magistrates connected with the Repeal Association, had actually been established; and the Roman Catholic peasantry, forsaking the regular tribunals, had recourse to them for the settlement of their disputes.
The Repeal organisation had therefore become exceedingly formidable, and had been rendered still more so by what O'Connell called "the mighty moral miracle of 5,000,000 men pledged against intoxicating liquors." If he had to go to battle, he said, he should have the strong and steady teetotallers with him. The teetotal bands "would play before them, and animate them in the time of peril; their wives and daughters, thanking God for their sobriety, would be praying for their safety; and he told them there was not an army in the world he could not beat with his teetotallers. Yes, teetotalism was the first sure ground on which rested their hope of sweeping away Saxon domination and giving Ireland to the Irish." O'Connell had been in the habit of wearing a crown-like cap, richly ornamented, which had been presented to him at the monster meeting at the Rath of Mullaghmast, in the county Kildare. This symbol of sovereignty had its effect upon the masses, who began to cherish the idea that they might have ere long a king of their own. It was probably with a view to encourage this idea, and to raise their enthusiasm to the highest pitch, that he resolved to hold the last of the series of monster meetings at Clontarf, near Dublin, the scene of King Brian Boru's victory over the Danes. This meeting was to be held on Sunday, the 8th of October, and was to be the most imposing of all the demonstrations. But the Government was at last roused to action, and on the previous day a proclamation was issued by the Lord-Lieutenant in Council, prohibiting the assembly. The proclamation declared that whereas advertisements and placards had been printed and extensively circulated, calling on those who proposed to attend the meeting to come on horseback, to meet and form in procession, and to march in military order and array; and whereas the object of the meeting was to excite discontent and disaffection, hatred and contempt of the Government of the country, and to accomplish alterations in the laws and Constitution of the realm, by intimidation and the demonstration of physical force, tending also to serve the ends of factious and seditious persons, and violate the peace, the meeting was strictly prohibited. It was stated that those attending it should be prosecuted, and that effectual measures should be taken for its dispersion.
This was no idle threat; the guards at Dublin castle and at the several barracks were doubled; Alborough House, commanding the road to Clontarf, was garrisoned; the streets on the north side of the city were patrolled by parties of soldiers during the night. Three war steamers were placed in the Liffey, with their guns run out, commanding the ground where the meeting was to be held; while the guns at the Pigeon House fort at the mouth of the river, right opposite Clontarf, were so placed as to sweep the road to it. The village was occupied by the 5th Dragoon Guards, the 60th Rifles, the 11th Hussars, the 54th Regiment of Infantry, and a brigade of Royal Horse Artillery; the infantry being commanded by Colonel Fane, the cavalry by Lord Cardigan, and the artillery by Colonel Higgins. The men and horses were provisioned for twenty-four hours, and each soldier was furnished with sixty rounds of ball cartridge. A crisis had now come; a collision between the troops and O'Connell's army of teetotallers was imminent, and even he could have no doubt of the issue. He seemed to stand appalled on the edge of the precipice to which he had brought his deluded followers, and shrinking from the consequences, he made all possible haste to save them. As soon as the proclamation was issued, he called a special meeting of the Repeal Association, and announced that in consequence of the measures taken by the Government, which he denounced as "the most base and imbecile step ever taken," there would be no meeting at Clontarf the next day. He submitted a counter-proclamation, which was adopted and posted up that evening throughout the city beside the Government proclamation. It was also sent by special messengers to the neighbouring towns and villages. The preventive measures taken on both sides were completely successful. No mounted Repealers came in from the country, and though vast multitudes went out from Dublin to view the military demonstrations, their meeting with the Queen's forces was quite amicable. They were allowed to see the spectacle, but they were compelled to move on along the high road, which they did very good-humouredly.
The Government now resolved to follow up the vigorous step they had so tardily taken, by the prosecution of O'Connell and several leading members of the Association. They were arrested in Dublin on the 14th of October, charged with conspiracy, sedition, and unlawful assembly. The other gentlemen included in the prosecution were Mr. John O'Connell, Mr. Thomas Steele, Mr. Ray, Secretary to the Repeal Association, Dr. Gray, proprietor of the Freeman's Journal, Mr. Charles Gavan Duffy, editor of the Nation, Mr. Barrett, of the Pilot, and the Rev. Messrs. Tyrrell and Tierney, Roman Catholic priests. Mr. O'Connell, with his two sons and several friends, immediately on his arrest, went to the house of Mr. Justice Burton, and entered into recognisances, himself in £1,000, with two sureties of £500 each. The tone of Mr. O'Connell was now suddenly changed. From being inflammatory, warlike, and defiant, it became intensely pacific, and he used his utmost efforts to calm the minds of the people, to lay the storm he had raised, and to soothe the feelings he had irritated by angry denunciations of the "Saxon." That obnoxious word was now laid aside, being, at his request, struck out of the Repeal vocabulary, because it gave offence. Real conciliation was now the order of the day.
The State prosecutions commenced in January, 1844, in the Court of Queen's Bench, before the Lord Chief Justice Penefather, and Justices Burton, Crampton, and Perrin. Besides the Attorney and Solicitor-General, there were ten counsel employed for the Crown, and there was an equal number on the side of the traversers, including Mr. Sheil, Mr. Hatchel, Mr. Moore, Mr. Whiteside, Mr. Monaghan, afterwards Chief Justice, Mr. O'Hagan, and Mr. Macdonogh. This monster trial was remarkable in many respects. It excited great public interest, which pervaded all classes, from the highest to the lowest. It lasted from the 16th of January to the 12th of February; the speech of the Attorney-General occupied two days; the jury list was found to be defective, a number of names having been secretly abstracted; newspaper articles were admitted as evidence against men who never saw them; the Lord Chief Justice betrayed his partiality in charging the jury, by speaking of the traversers as "the other side." The principal witnesses were shorthand writers from London, avowedly employed by the Government to report the proceedings of the monster meetings. Mr. Jackson, reporter for the Morning Herald, also placed his notes at the service of the Government. Mr. O'Connell defended himself in a long argument for Repeal, and an attack on the Government. The most brilliant orations delivered on the occasion were those of Sheil and Whiteside. Mr. Fitzgibbon, one of the counsel for the traversers, made a remark offensive to the Attorney-General, Mr. T. C. B. Smith, who immediately handed him a challenge, in the presence of his wife, while the judges had retired for refreshment. The matter was brought before the court, and, after mutual explanations, was allowed to drop.
All the traversers were found guilty. The Attorney-General did not press for judgment against the Rev. Matthew Tierney. Upon the rest Mr. Justice Burton, who was deeply affected, pronounced judgment on the 30th of May, in the following terms:—"With respect to the principal traverser, the Court is of opinion that he must be sentenced to be imprisoned for the space of twelve calendar months; and that he is further to be fined in the sum of £2,000, and bound in his own recognisances in the sum of £5,000, and two sureties in £2,500, to keep the peace for seven years. With respect to the other traversers, we have come to the conclusion that to each shall be allotted similar sentences, namely, that they be imprisoned for the space of nine calendar months, each of them to pay £50 fine, and to enter into their own recognisances of £1,000 each, and two sureties of £500, to keep the peace for seven years."
The prisoners were at once sent to Richmond Bridewell, on the South Circular Road, where the Governor did all in his power to make them comfortable. Good apartments were assigned to them. They dined together every day, and they were permitted to receive, without restriction, the visits of their friends and admirers. The Government was the less disposed to interfere with these indulgences, as their object was not so much punishment as prevention, and besides, the traversers had appealed against the sentence. A majority of the twelve English judges affirmed the judgment of the Court of Queen's Bench, while condemning the counts on which the Irish court relied. An appeal was then made to the House of Lords. The decision was left to the five law lords—Lyndhurst, Brougham, Cottenham, Denman, and Campbell. The first two were for a confirmation of the judgment, the last three for reversal. Lord Denman, in pronouncing judgment, said, referring to the tampering with the panel, "If such practices as had taken place in the present instance in Ireland should continue, the trial by jury would become a mockery, a delusion, and a snare," a sentence which was hackneyed by repetition for years afterwards. The news of the reversal reached Dublin on the afternoon of the 5th of September. Great crowds had assembled on the pier at Kingstown, and tremendous cheers broke forth from the multitude when the Holyhead packet approached, and they saw held up a white flag, with the inscription, "Judgment reversed by the House of Lords. O'Connell is free!" The news was everywhere received by the Roman Catholics with wild excitement.