This address was followed instantly by the departure of all the most effective agitators to the scene of the great contest. Shiel went down as conducting agent for the candidate; Lawless left his Belfast newspaper, and Father Maguire his Leitrim flock; Messrs. Steele and O'Gorman Mahon, both proprietors in the county, were already in the field, and O'Connell himself soon followed. On the other hand, the leading county families, the O'Briens, McNamaras, Vandeleurs, Fitzgeralds and others, declared for their old favourite, Mr. Fitzgerald. He was personally much liked in the county; the son of a venerable anti-Unionist, the well-remembered Prime Sergeant, and a man besides of superior abilities. The county itself was no easy one to contest; its immense constituency (the 40-shilling freeholders had not yet been abolished), were scattered over a mountain and valley region, more than fifty miles long by above thirty wide. They were almost everywhere to be addressed in both languages—English and Irish—and when the canvass was over, they were still to be brought under the very eyes of the landlords, upon the breath of whose lips their subsistence depended, to vote the overthrow and conquest of those absolute masters. The little county town of Ennis, situated on the river Fergus, about 110 miles south-west of Dublin, was the centre of attraction or of apprehension, and the hills that rise on either side of the little prosaic river soon swarmed with an unwonted population, who had resolved, subsist how they might, to see the election out. It is hardly an exaggeration to say that the eyes of the empire were turned, during those days of June, on the ancient patrimony of King Brian. "I fear the Clare election will end ill," wrote the Viceroy to the leader of the House of Commons. "This business," wrote the Lord Chancellor (Eldon), "must bring the Roman Catholic question to a crisis and a conclusion." "May the God of truth and justice protect and prosper you," was the public invocation for O'Connell's success, by the bishop of Kildare and Leighlin. "It was foreseen," said Sir Robert Peel, long afterwards, "that the Clare election would be the turning point of the Catholic question." In all its aspects, and to all sorts of men, this, then, was no ordinary election, but a national event of the utmost religious and political consequence. Thirty thousand people welcomed O'Connell into Ennis, and universal sobriety and order characterized the proceedings. The troops called out to overawe the peasantry, infected by the prevailing good humour, joined in their cheers. The nomination, the polling, and the declaration, have been described by the graphic pen of Shiel. At the close of the poll the numbers were—O'Connell, 2,057; Fitzgerald, 1,075; so Daniel O'Connell was declared duly elected, amidst the most extraordinary manifestations of popular enthusiasm. Mr. Fitzgerald, who gracefully bowed to the popular verdict, sat down, and wrote his famous despatch to Sir Robert Peel: "All the great interests," he said, "my dear Peel, broke down, and the desertion has been universal. Such a scene as we have had! Such a tremendous prospect as is open before us!"
This "tremendous prospect," disclosed at the hustings of Ennis, was followed up by demonstrations which bore a strongly revolutionary character. Mr. O'Connell, on his return to Dublin, was accompanied by a levee en masse, all along the route, of a highly imposing description. Mr. Lawless, on his return to Belfast, was escorted through Meath and Monaghan by a multitude estimated at 100,000 men, whom only the most powerful persuasions of the Catholic clergy, and the appeals of the well-known liberal commander of the district, General Thornton, induced to disperse. Troops from England were ordered over in considerable numbers, but whole companies, composed of Irish Catholics, signalized their landing at Waterford and Dublin by cheers for O'Connell. Reports of the continued hostility of the government suggested desperate councils. Mr. Ford, a Catholic solicitor, openly proposed, in the Association, exclusive dealing and a run on the banks for specie, while Mr. John Claudius Beresford, and other leading Orangemen, publicly predicted a revival of the scenes and results of 1798.
The Clare election was, indeed, decisive; Lord Anglesea, who landed fully resolved to make no terms with those he had regarded from a distance as no better than rebels, became now one of their warmest partisans. His favourite counsellor was Lord Cloncurry, the early friend of Emmet and O'Conor; the true friend to the last of every national interest. For a public letter to Bishop Curtis, towards the close of 1828, in which he advises the Catholics to stand firm, he was immediately recalled from the government; but his former and his actual chief, within three months from the date of his recall, was equally obliged to surrender to the Association. The great duke was, or affected to be, really alarmed for the integrity of the empire, from the menacing aspect of events in Ireland. A call of Parliament was accordingly made for an early day, and, on the 5th of March, Mr. Peel moved a committee of the whole House, to go into a "consideration of the civil disabilities of his Majesty's Roman Catholic subjects." This motion, after two days' debate, was carried by a majority of 188. On the 10th of March the Relief Bill was read for the first time, and passed without opposition, such being the arrangement entered into while in committee. But in five days all the bigotry of the land had been aroused; nine hundred and fifty-seven petitions had already been presented against it; that from the city of London was signed by more than "an hundred thousand freeholders." On the 17th of March it passed to a second reading, and on the 30th to a third, with large majorities in each stage of debate. Out of 320 members who voted on the final reading, 178 were in its favour. On the 31st of March it was carried to the Lords by Mr. Peel, and read a first time; two days later, on the 2nd of April, it was read a second time, on motion of the Duke of Wellington; a bitterly contested debate of three days followed; on the 10th, it was read a third time, and passed by a majority of 104. Three days later the bill received the royal assent, and became law.
The only drawbacks on this great measure of long-withheld justice, were, that it disfranchised the "forty-shilling freeholders" throughout Ireland, and condemned Mr. O'Connell, by the insertion of the single word "hereafter," to go back to Clare for re-election. In this there was little difficulty for him, but much petty spleen in the framers of the measure.
While the Relief Bill was still under discussion, Mr. O'Connell presented himself, with his counsel, at the bar of the House of Commons, to claim his seat as member for Clare. The pleadings in the case were adjourned from day to day, during the months of March, April, and May. A committee of the House, of which Lord John Russell was Chairman, having been appointed in the meantime to consider the petition of Thomas Mahon and others, against the validity of the election, reported that Mr. O'Connell had been duly elected. On the 15th of May, introduced by Lords Ebrington and Duncannon, the new member entered the House, and advanced to the table to be sworn by the Clerk. On the oath of abjuration being tendered to him, he read over audibly these words—"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:" at the subsequent passage, relative to the falsely imputed Catholic "doctrine of the dispensing power" of the Pope, he again read aloud, and paused. Then slightly raising his voice, he bowed, and added, "I decline, Mr. Clerk, to take this oath. Part of it I know to be false; another part I do not believe to be true."
He was subsequently heard at the bar, in his own person, in explanation of his refusal to take the oath, and, according to custom, withdrew. The House then entered into a very animated discussion on the Solicitor General's motion "that Mr. O'Connell, having been returned a member of this House before the passing of the Act for the Relief of the Roman Catholics, he is not entitled to sit or vote in this House unless he first takes the oath of supremacy." For this motion the vote on a division was 190 against 116: majority, 74. So Mr. O'Connell had again to seek the suffrages of the electors of Clare.
A strange, but well authenticated incident, struck with a somewhat superstitious awe both Protestants and Catholics, in a corner of Ireland the most remote from Clare, but not the least interested in the result of its memorable election. A lofty column on the walls of Derry bore the effigy of Bishop Walker, who fell at the Boyne, armed with a sword, typical of his martial inclinations, rather than of his religious calling. Many long years, by day and night, had his sword, sacred to liberty or ascendancy, according to the eyes with which the spectator regarded it, turned its steadfast point to the broad estuary of Lough Foyle. Neither wintry storms nor summer rains had loosened it in the grasp of the warlike churchman's effigy, until, on the 13th day of April, 1829—the day the royal signature was given to the Act of Emancipation—the sword of Walker fell with a prophetic crash upon the ramparts of Derry, and was shattered to pieces. So, we may now say, without bitterness and almost without reproach, so may fall and shiver to pieces, every code, in every land beneath the sun, which impiously attempts to shackle conscience, or endows an exclusive caste with the rights and franchises which belong to an entire People!