An Illustrated History of Ireland from AD 400 to 1800

by Mary Francis Cusack

The Solicitor-General was actually addressing the jury, when the shouts of the excited crowd announced the arrival of one who, by this act of his life alone, deserves, par excellence, the proud and glorious title of the LIBERATOR. He entered the courthouse, apologized for his unprofessional attire; and as he had no refreshment, and there was no time to lose, he requested permission of the judges to have a bowl of milk and some sandwiches sent to him. The Solicitor-General resumed his address, but had not proceeded far before the stentorian voice of O'Connell was heard exclaiming: "That's not law." The bench decided in his favour. He was rapidly swallowing as much food as was necessary to sustain nature, and once more, with his mouth full, he exclaims: "That's no longer law; the Act is repealed." Again the mortified counsel proceeded with his case, and once more O'Connell's knowledge of law served him in good stead. "The learned Solicitor," he exclaimed, "has no right to make such a statement; the crown cannot give such matters in evidence." For the third time the ruling was in favour of the Liberator. Then came the all-important cross-examination of the approvers; and the men who had lied so well and so boldly on Saturday, prevaricated, cursed, and howled under the searching questions of their new examiner; Nowlan, the vilest of the lot, exclaiming at last: "It's little I thought I'd have to meet you, Counsellor O'Connell." Alas! thrice-wretched man, who thought still less of another Court and another Judgment. O'Connell won the day. He threatened the very Solicitor-General with impeachment before the House of Commons, for the way he conducted the case. He taunted him, bewildered him, scolded him, laughed at him, as he only could do; and when at last the unfortunate man came out with some observation about "false facts," O'Connell threw the whole court into a roar of laughter by directing attention to the bull, and by his inimitable imitation of his English accent. The jury could not agree, and the men were acquitted. Another trial came on next day, and it was then discovered that one of the approvers differed in most important matters from his statements on oath before the magistrates of Doneraile, and in what he now stated. This was enough; and the jury brought in a verdict of not guilty, though, on the very same evidence, a verdict of guilty had been given on Saturday. As an act, however, of great clemency, the men who had been sentenced to be hanged in six days, were now only transported.

During the time of O'Connell's retirement and study, he had but too many opportunities of knowing how little justice was likely to be meted out to Irishmen accused, justly or unjustly, of political crimes; and, doubtless, he directed his studies to those special points most likely to be helpful hereafter. Robert Emmet's execution took place in October, 1803; and from that hour, until the accession of the Whigs to office, in 1806, Ireland was ruled by martial law. The Habeas Corpus Act and trial by jury were suspended, and the jails and transport ships were crowded with the victims of military ferocity and magisterial vengeance. In the debate of 1805, when the Catholic petition was brought into the House of Commons by Mr. Fox, and treacherously opposed by Pitt, Mr. Ponsonby exclaimed, speaking of the Irish Catholics: "I know them well; and I know, at the same time, that whatever is good in them, they owe to themselves; whatever is bad in them, they owe to you, and to your bad government." Mr. Grattan accused the English Tories of "running about like old women in search of old prejudices; preferring to buy foreign allies by subsidies, rather than to subsidize fellow-subjects by privileges." He might have said by justice, for the Irish have never asked for privileges; they ask simply for the same justice as is shown to English subjects. Mr. Foster, the last Speaker of the Irish House of Commons, declared that, "under the Union Act, by compact, the Protestant boroughs were suppressed, and a compensation of £1,400,000 paid to Protestant owners, and not one shilling to the Catholics."

O'Connell came prominently forward as a leader of the Catholic party in 1810. A meeting was held in the Royal Exchange, Dublin, to petition for Repeal of the Union, at which the High Sheriff of that city presided, and many distinguished men were present—a proof that, however corrupted Irish Parliaments may have been by English gold, there was still some advantage to be gained to the country by possessing even a partial independence. O'Connell's speech was published, and circulated widely. To give the full details of his career as a leader of the people, would require a volume the size of the present work; to give even a sufficiently comprehensive outline, would require several chapters: I can but hope that some able hand will take up the subject, and with equal earnestness do I hope that it may be some one really capable of doing justice to it. One who would write the "Life and Times of O'Connell" as such a work should be written, would require to bring more than ordinary abilities to the task, and would deserve, at the hands of his countrymen, the highest expression of gratitude which they could give. Such a work would be incomparably the noblest monument which could be dedicated to his memory.

O'Connell refusing to take the Oath.

The Clare election is undoubtedly the culminating point in O'Connell's career. Men stood aghast in amazement at the boldness of the man who presumed to make such an attempt. Even his friends could scarcely believe that he was in earnest, or that he was wise. His success was a splendid example of what the energy and determination of one single man could accomplish. Well might the Lord Chancellor declare that "this business must bring the Roman Catholic question to a crisis and a conclusion." The words were prophetic; the prophecy was realized. On the 5th of March, 1829, Mr. Peel moved a committee of the whole House, "to go into the consideration of the civil disabilities of his Majesty's Roman Catholic subjects." The motion was carried by a majority of 188. On the 15th of May, 1829, O'Connell appeared in the House to take his seat. He was introduced by Lords Ebrington and Dungannon. The House was thronged. The very peeresses came to gaze upon the arch-agitator, expecting to see a demagogue, and to hear an Irish brogue. There were whispers of surprise when they saw a gentleman, and a man who could speak, with the versatility of true talent, to suit his audience. The card containing the oath was handed to O'Connell; he read a portion of it over in an audible voice—the portion which required him to say that "the sacrifice of the Mass, and the invocation of the Blessed Virgin Mary and other saints, as now practised in the Church of Rome, are impious and idolatrous;" and to deny the dispensing power of the Pope, which never existed, except in the imagination of its framers. With a courteous bow he said, in a voice to be heard throughout the House: "I decline, Mr. Clerk, to take this oath: part of it I know to be false; another part I believe not to be true."

Again he sought the votes of the electors of Clare, and again he was returned by them. On the 13th of April, 1829, the royal signature was affixed to the Act of Emancipation, and Irishmen were no longer refused the rights of citizens because they respected the rights of conscience.

In the year 1812, the late Sir Robert Peel came to Ireland as Chief Secretary, unfortunately destitute of the enlargement of mind and the native genius of his predecessor, Sir Arthur Wellesley. His abilities, however great, were not such as to enable him to understand a nationality distinct from his own; and hence he could not deal with the Irish, either to his credit, or for their advantage. From the year 1815 to 1817 the conduct of the English Parliament towards Ireland was regulated with the nicest attention to the movements of the General who ruled the Continent. In 1817 an Act was passed, which, with admirable policy, excused Catholic officers, naval and military, from forswearing transubstantiation. In 1821 George IV. visited Ireland. It was the first time that an English King had come to Ireland as the acknowledged sovereign of the people. Their hopes were high; and the deference for royalty, so eminently characteristic of the Celt, had at last found an opportunity of expressing itself. All that loyalty could do was done; all that the warmest heart could say was said. The King appeared impressed by demonstrations so entirely new to him; he wore a large bunch of shamrocks constantly during his brief stay; but before the shamrocks were faded, Irish wants and Irish loyalty were alike forgotten.

In the year 1824 the subject of Irish disturbances was carefully inquired into by Select Committees of both Houses of Parliament. Some extracts from their reports will give the best and most correct idea of the state of the country from the Union to the year 1834, when another investigation was made. In 1807 the county Limerick was alarmingly disturbed. In 1812 the counties of Tipperary, Waterford, Kilkenny, Limerick, Westmeath, Roscommon, and the King's county, were the theatre of the same sanguinary tumults. Limerick and Tipperary remained under the Insurrection Act until 1818. In 1820 there were serious disturbances in Galway, and in 1821, in Limerick.