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.