The Statesmen Seriec U O'CONNEtL J.A.H AMILTQN. SMSMMMSIMM n berkTieyX LIBRARY UNIVERSITY OF CALIFORNIA/ STATESMEN SERIES. EDITED BY LLOYD C. SANDEKS. DANIEL O'CONNELL. UK Bighi$ rtturtfd.) STATESMEN SERIES. LIFE OF DANIEL O'COMELL. BY J. A. HAMILTON. LONDON: W. H. ALLEN & CO., 13 WATERLOO PLACE, PALL MALL. S.W. 1888. LONDON : PRINTEB BY W. H. ALLEN AND CO., 13 WATKBLOO PLACE, PALL MALL. S.W. LOAN STACK PREFATORY NOTE. The only complete Life of O'Connell hitherto published is Miss Cusack's, a bulky and uncritical book, founded, however, upon a considerable quantity of unpublished materials, chiefly correspondence with Archbishop McHale, not all of which was used. John 0*Connell began a life of his father, which he brought in two thick volumes as far as 1824. Of this book it is difficult to speak temperately. A son, writing of his father in the father's lifetime, is not expected to be impartial, but that is no reason why be should be grotesquely eulogistic of his father and his party and indecently abusive of his opponents. Such merit as the book has is due to its being a kind of sorap- book of the speeches and resolutions at the meetings from 1810 to 1824. The same author's edition of his father's speeches is carried only a year or two farther. He also published a volume of Parliamentary Remiois* oences '' from 1883 to 1842, which contains a number 304 vi PBEFATOEY NOTE. of his father's letters of the years 1829 and 1840. William Fagan's Life, which, considering that it ap- peared in a Cork newspaper immediately after O'Con- nell^s death, is a meritorious work, ends at 1838. Huish's Life breaks off in the middle, and is almost valueless ; Graeme's Life is the same. The Centenary Record, published by the O'Connell Centenary Com- mittee of 1875, contains some new information, which the arrangement of the book makes as inaccessible as possible. O'Neill Daunt's Reminiscences deal almost exclusively with the last ten years of O^Connell's life, but are very valuable. Dr. William Forbes Taylor, under the sobriquet of '* A Munster Farmer," published a short and temperate review of O'Connell's career, called A Munster Farmer s Reminiscences of O^GonnelL I have endeavoured to collect what was valuable from all these sources, in order to construct at once a picture of the man and a sketch of his career; and where they disagreed I have presumed that the truth must have been best known to John the son and Daunt the friend. Mr. Shaw Lefevre's Peel and O'Connell has been before me, but its scope is rather foreign to the object of this book. I have not dissented from the general estimate and conclusions of Mr. Lecky's masterly essay in the Leaders of Public Ojnnion in Ireland, which seems to me to possess all the finality that is possible, until O'Connell's epoch has passed into PREFATORY NOTE. vii the cooler temperature of history and ceased to be steeped in the burning atmosphere of Irish controversy. In addition to these works the authorities are Wyse's History of the GatJiolic Association and Charles Butler's Historical Memoirs of the Roman Catholics ; Mr. W. J. Amherst's History of Catholic Emancipa- tion, which is carried only to 1820, is also a useful book. For the Repeal period, DuflFy's Young Ireland and Four Years of Irish History are of the first im- portance. For the legal part of O'ConnelPs life, OTlanagan's Munster Circuit and Irish Bar are useful. I have consulted also D. O. Maddyn's Chiefs of Parties^ Cloncurry^s Personal Reminiscences, the lives severally of Canning, Althorp, Melbourne, Ellen- borough, Shell, Drummond, and Dr. Doyle; Peel's Memoirs, the Greville Memoirs, Lord Hatherton's Memoir, Lord Colchester's Diary, Guizot's Embassy to St, James' in 1840, and Barrington's Personal Skeiche9. For visits to Darrynane Catherine O'Connell's Excur- sions in Ireland and Howitt's Journal, vol. i. p. 828 are useful. J. Venedey, a fair-minded German, pub- lished an interesting account of what he saw in Ireland in 1848, and in a small work by M. Gavrois, pub- lished at Arras, called O'Connell €i le Collide At$^la%M a St. Omer, there are several interesting partioulan about O'Couneirs early and his last days. For foreign opinion the following books may be looked at, though viii PREFATORY NOTE. they do not add much to our knowledge of him : an Elogio, recitato nei solenni funerali celebratigli nei giorni 25 e 30 Guigno 1847, by Father Gioacchino Ventura, Napoli 1848 ; Leopold Schipper's Irlanda verhdltniss zu England ; Moriarty's Lehen und Werken O'ConneWsy and two pamphlets by J. M. de Gaulle and by Jules Gondon. Among Magazines, the New Monthly Magazine from 1821 to 1832 contains articles by Sheil and others, and Macmillans Magazine^ vol. xxviii., a valuable article by Mr. Ball. I have also made use of various pamphlets, and for general history have followed Mr. Spencer Walpole's excellent book. J. A. H. CONTENTS. CHAPTER L feABLY AND PBOFESSIONAL LI7B. ^Btoily, birth, education, and call to the bar— A United Irishman — Professional snccess^^Aniecdotes of profoBsional life p. 1 CHAPTER n. ^tiTt SECUfilTIBS C0NTE0VEB8T, 1800-1818. Position of the Catholic movcmDnt-^Loadonhip of John Kcogh — Tho period of «* dignified silence "—The Veto— The Catholic Board — Grattan's Bill of 1818^Qiiarantotti*8 rescript — CoIIapte of Um Catholic party ........ p. IS X CONTENTS. CHAPTER ni. CATHOLIC DESPONDENCY. 1814-1823. State of Affairs after the Dissolution of the Board — O'Connell's Duel with D'Esterre — Affair with Peel — Trial of Magee for libel on the Duke of Richmond — Visit of George IV. to Dublin , p. 48 CHAPTER IV. THE CATHOLIC ASSOCIATION. 1823-1828. The germ of the Catholic Association — The Catholic Rent — The Act of 1825— The Relief Bill and Wings of 1825— The New Catholic Association — The Waterford and Clare Elections . . p. 61 CHAPTER V. EMANCIPATION. 1828-1842. Result of the Clare Election — Dissolution of the Catholic Association — - Catholic Relief — Refusal of O'Connell's claim to take his seat — Second Clare Election — Repeal Agitation — Conflict with the Mar quis of Anglesey — Reform , p. 79 CONTENTS. xi CHAPTER VI. THE EEFOEMED PARLIAMENT. 1833-1835. Tithe War — O'Connell renews his agitation against Tithe and for Repeal— The Reform Bill— "Who is the traitor?"— Coercion Bill of 1833 — O'Oonnell's Repeal motion — Intrigne with Littleton — Fall of the Whigs — Peel's Administration ... p. 106 CHAPTER VII. WHIG ALLIANCE. 1835-1840. Disappointed of Office — Tonr in Scotland — The Oarlow Election Scandal — Abandonment of Repeal — The Irish Poor Law Bill — Accession of the Qneen and O'Connell's loss of popularity in Ireland — Reprimanded by the Speaker — The Precursor Society p. 126 CHAPTER Vni. THE BEPEAL ASSOCIATION. 1840-184d. Ropeal Association founded-^Irish Municipal Roform~-O*0oanell Lord Mayor of Dublin — The founding of the Natitm^-Th^ Repeal Dobato^Tho Monster Meetinge^The Mallow Deflanoe^OloaUrf p. 147 xii CONTENTS. CHAPTER IX. LAST DATS* 1843-1847. The trial — The jtidgment of the House of Lords — The Federal coli* troversy — The conjlict with Yonng Ireland — Alliance With the "Whigs — The Famine — Last days and death ... p. 167 CEAPTEE X. DOMESTIC LIFE AND CHAEACTEH* His wife and family-^His domestic life and amusements — His pet* sonal piety — His appearance — His oratory — His political cha- racter and aehieyements <«<*<« p. 195 UjU^^rPj^ LIFE OF DANIEL O'CONNELL CHAPTER I. EARLY AND PROFESSIONAL LIFE. Family, birth, education, and call to the bar — A United Irishman — Professional success — Anecdotes of professional life. In a bouse called Carhen House, long since dis- mantled, which stood in the farthest extremity of Kerry, between the Kenmaro River and Dingle Bay, about a mile to the north of the little town of Cahirciveen, there was born, on the 6th of August 1775, Daniel O'Connell. In the wild districts of south-western Ire- land, the family of O'Connell, or, as they were origi- nally called O'Conal, had long been established, at one time in Limerick, at another in Kerry, and at another in Clare. So remote was this part of Ireland, that through the most rigorous period of the Penal Code, when the law was so strictly administered that Roman Catbolics were constrained to resort, and not in yain, to the good faith of Protestant neighbours, and to avoid confisoa* 1 c 2 LIFE OF DANIEL O'CONNELL. tion by conveying to those good friends, as unavowed trustees, the lands, which the laws forbade persons of their faith to hold themselves, the O'Connells had kept unconfiscated and undisturbed a small moun- tain estate called Glencara, simply because its inacces- sibility and seclusion had saved it from the notice and the grasp of the law. At the end of the eighteenth century they were country gentry of easy circumstances and good standing in their neighbourhood. Darrynane Abbey, the family seat, an old farmhouse increased to a considerable size by picturesque but irregular additions, was in the possession of Maurice, the head of the family. It stands near the shore of Cahirdonnel Bay in a very lovely situation, and has close by the remains of an abbey founded by the monks of St. Finbar in the seventh century. Another brother, Morgan, kept a shop in Cahirciveen and dealt in silks, laces, and wines smuggled over from France. He accumulated money and invested it in land in the names of Protestant trustees. He married Catherine, a sister of John, The O'Mullane, of White Church, county Cork, and lived at Carhen. Of his numerous family, no less than ten survived their childhood. The eldest was Daniel. Maurice O'Connell was childless, and soon adopted Daniel, who was his natural heir, and another of Morgan's children, also called Maurice, and a great part of their boyhood was spent at Darrynane. Daniel was a bright, intelligent child. To the end of his life, his tenacious memory retained the recollection of having been car- ried in his nurse's arms to the seashore, to see two of her boats towing Paul Jones's ship out of shallow water to a deeper anchorage. This was in 1778. While still but four years old he received his first teaching from an old hedge schoolmaster, named David Mahoney, one of EARLY AND PROFESSIONAL LIFE. 8 that class of poor scholars, particularly numerous in Kerry, and produced by the repressive Penal Laws, who wandered, half-beggar, half-scholar, from house to house, claiming, and never failing to receive, the hospitality of the country-side. The old man took the child upon his knee, and so won his heart and fixed his attention, that the whole alphabet was learnt in an hour and a half, Daniel proved a ready scholar. He would turn over the portraits of the celebrities in the Dublin Magazine, say- ing, ** I wonder will my visage ever appear in the Dublin Magazine'^ ; he composed a drama on the fortunes of the House of Stuart at ten years old ; and so fond was he of reading, that he would desert his play-fellows to sit cross-legged in the window-seat, devouring Coolcs Voyages, and crying over its pages of adventure. The policy of the Penal Laws had been to render the education of their children as difficult as might be to the Roman Catholics, if not wholly impossible. At the beginning of the eighteenth century, they were forbidden to establish schools of their own, to be teachers in Protestant schools, to teach in a private house any but the children of their own family, or to send their chil- dren abroad to receive the education, which was denied them at home. The Catholic gentry were obliged to smuggle their sons over seas by stealth, and many a lugger, which had run a contraband cargo successfully on the west coast, took baok to France a few new scholars for St. Omer or Salamanca, Louvain or Li^ge. It was not until 1792 that the restrictions were re- moved which prevented them from setting up sobools of their own. The first school publicly opened by a priest was kept by a Mr. Harrington at Kedington in Long Island, some two miles from the Cove of Cork^ and to tills, when Daniel was thirteen years old, and 1 • 4 LIFE OF DANIEL O'CONNELL. had been for some time taught at home by a tutor named John Burke, he and his brother were sent. Without showing particular precocity, he was indus- trious and obedient, and enjoyed the unique distinction of being the only boy in the school who never was flogged. Here he remained for a year, but higher education was still hardly to be attained by a Roman Catholic in Ireland. Trinity College, Dublin, was prac- tically closed to him, as were its endowments by law, and in the usual course of the education of lads of family, the two O'Connells were sent to the Continent. They went first to Liege, only to find that they were too old to be admitted there. They then went to Louvain, among whose fifty colleges several were Irish, and waited there for instructions from home. During the interval Daniel attended some of the University lec- tures. At length, in January 1791, they were placed at the college at St. Omer. It has often been said that Daniel was at this time destined by his uncle for the calling of a priest, but he was himself at the pains to deny the statement in a letter to the Dublin Evening Post, 17th July 1828. He proved himself a ready and quick-witted pupil, and, being placed in the classes of grammar and poetry, was easily first in both of them. Doctor Gregory Stapylton, the fortieth and last Pre- sident of the College, wrote of him in January 1792, ** With respect to the elder, Daniel, I have but one sen- tence to write about him, and that is, that I never was so much mistaken in my life as I shall be, unless he be destined to make a remarkable figure in society." On the 20th of August 1792, he went to the College at Douai, where he was placed in the class of rhetoric, and remained there until the 21st January 1793. At the end of 1792, the Douai College was suppressed, and EARLY AND PROFESSIONAL LIFE. 5 the boys were obliged to wait some weeks before they could communicate with their uncle in Kerry. They then returned home, but it was not without danger that they reached the coast. The soldiers assaulted their conveyance, and abused them as ** little priests'* and *^ aristocrats.^' For safety's sake they were compelled on the journey to wear the tricolor, which they tore in disgust from their hats when they found themselves securely on board the packet at Calais. His education in France left enduring marks upon O'Connell's cha- racter. What he heard, and to some extent what he himself saw, of the French Kevolution, made upon his susceptible mind an impression which influenced his whole life. He imbibed strong Bourbon opinions and an intense hatred of the Revolution and the Revo- lutionaries, who were the persecutors of his Church, " I was always in terror," he said, " lest the scoundrels should cut our throats ; on one occasion a waggoner of Dumouriez's"^ army scared me and a set of my fellow collegians who had walked out from Douai, crying * Votla les jeunes Jesuites ! les Capucins ! ' So we ran back to our college as fast as we could, and luckily the vagabond did not follow us." He was by nature de- voted to his Church, and his training deepened this disposition of his mind. He was often accused, and not without truth, of Jesuitry in his policy, and the French accent which hung about his English pronun- ciation on his return home never entirely left him. To the end of his days he pronounced " Empire '" " Empeer," and accented the word ** charity " as if it were '* landi, about thirty-six milei from Donai, on NoTember 6, 179i. 6 LIFE OF DANIEL O'CONNELL. After spending the remainder of the year, 1793, at home in Kerry, moving among the peasantry whom he learnt to know so well, and enjoying with the ardour of a keen sportsman the hare-hunting of the Kerry moun- tains, O'Connell went to London to begin the period of studentship at an English inn of court, which was ne- cessary before he could be called to the Irish bar. He entered himself at Lincoln's Inn"^ in 1794, and took lodgings in a court on the north side of Coventry Street, but in 1795 he removed to a boarding-house at Chis- wick. That his years of studentship were spent in no merely nominal attention to the law, is proved by the fact that his learning in his profession was at all times unquestionable and profound, and that after he had been a few years at the bar, his practice and his political work were so engrossing, that he could have had little time left for further study and research. The first five years of a successful lawyer's life are those during which not the foundations only but much of the superstructure of his learning must be created. O'Connell's mind was ceaselessly active, with a natural bent for law, but he must from the first have vigorously exercised it upon text-books and case-law to have attained the knowledge which he indubitably possessed. The recollections of bis life in France had made him by antipathy a strong Tory, and when Hardy was put upon his trial in Oc- tober 1794, O'Connell attended at the Old Bailey day after day to see the man brought to justice, whom he * O'Connell's biographers do not agree as to what inn he studied at ; his son John says Lincoln's Inn, Daunt says Gray's Inn, and Shiel the Middle Temple. All of these may be presumed to have had means of knowing the truth. Fagan follows Daunt and Huish Shiel ; Mr. Shaw- Lefevre puts him at ^the Inner Temple. There are no other Inns of Court. EAELY AND PBOFESSIONAL LIFE. 7 regarded as the advocate and accomplice of the French Kevolution. But day by day the bigotry of Scott the Attorney-General, the eloquence of Erskine, Hardy's counsel, the weakness of the case for the Crown, and the justification which appeared for Hardy's speeches, themselves effected a revolution in O'ConnelTs mind, and he left the court at the end of the trial cured for life of his brief fit of Toryism. At length his studentship was over, and returning to Ireland, he was called to the Irish Bar on May 19th, 1798. Whatever may have been the intentions with which Maurice O'Connell of Darrynane had sent his nephew to St. Omer, it was clear at that time, and to a young man of his temperament, that the bar offered the only career in Ireland that could satisfy his aspirations. As a boy, O'Connell had his ambition. Once, when he was about ten years old, they were discussing Flood, Charlemont, and Grattan, then at the height of their reputation, round the fire at Darrynane. The usually vivacious child was observed to be sitting silent and abstracted. " Daniel," said his aunt, '* what are you thinking of? '^ ** Why, let me tell you," he replied, *' I 'm thinking I '11 make a stir in the world yet." It is said that he had been particularly excited by the career of his uncle Daniel. This oflBcer, the youngest brother of Maurice O'Connell, had entered the French service in 1759, as a sublieutenant in Clare's regiment, when still only a lad of fourteen. By 1787 he had risen to the rank of a major-general, and was colonel in command of the German regi- ment of Salm-Salm in the French army. In 1788, he invented a system of infantry tactics, which was soon adopted by all the armies of Europe. Subse- quently ho was made Count O'Connell, aud when. 8 LIFE OF DANIEL O'CONNELL. about 1794, several regiments of the Irish Brigade were drafted into the British service, he became a colonel in the British army. But apart from his uncle's brilliant reputation, there was enough in the career of a barrister to tempt O'Connell to climb that way to eminence. He had, as strongly as ever any Irishman has had it, the legal turn of the Irish mind ; he was subtle, ready, disputa- tious, astute. In a country where the aristocracy and the landlord class were always prone to absenteeism, and if resident pinned their hopes on the favour of the Govern- ment ; where the body of merchants, though well-to-do, indeed, and enterprising, was small and almost confined to Dublin and Belfast, the bar became the only body in Ireland capable of taking a prominent position before the public eye. The warfare of the law courts fascinated the Irish as it never has done the English. The English have been content to regard the proceedings of the law as a matter of art and even of mystery, to be respected perhaps, to be tolerated certainly, to be admired never. But to the Irish, and especially to the Irish peasantry, a trial was an arena, in which wit and craft, eloquence and cunning, performed a drama which they fully un- derstood and followed with enthusiasm. A smart and shifty witness, a clever though unscrupulous attorney, a neat quibble, an impassioned appeal to a jury, a bold address to a judge, and a sharp passage of arms be- tween counsel, delighted the spectators, and passed from mouth to mouth in a thousand good stories. Nor did the bar exist for law and lawyers only. Instead of an antagonism between letters and law, such as the English have always known, the best of Irish wit and Irish letters was to be found among the practitioners of the Irish bar. The Four Courts, then just completed, have long been IE ABLY AND PROFESSIONAL LIFE. 9 a classic ground for Irish stories : every circuit in Ire- land had similar traditions, and its leaders enjoyed a reputation and popularity over the counties whose assizes they attended, which was of itself a kind of fame. But not only was the profession as a profession attractive to a young man ; its connection with Irish pohtics, and especially with Irish popular politics, was of the closest. A great number of the Irish Parlia- mentary leaders were members of the Irish bar, and the public had an access to the courts, which they had not to the House of Commons. Under the strict system of government which had so long prevailed in Ireland, the barrister was almost the only person who had the oppor- tunity of making a figure before the people, while espousing the popular cause. There was no one else whose interest and duty combined to bring him on occasions into conflict with the Government coram j)oj)ulo. The gown which in England clothed some passed-master in the mysteries of replevin or contingent remainders, of ouster or trespass upon the case, was in Ireland the robe of the hero and the patriot. Political and professional success reacted upon one another. Ninety years ago, still more even than to-day, to be a popular champion in politics was no bad way of obtain- ing briefs in court ; and to have the tongue of a ready advocate was an excellent recommendation for a young man ambitious of a public career. When 0*Connell joined the Irish bar, a new day had recently dawned for the Roman Catholic lawyer. During the earlier part of the century, Boman Catholics, who, whether in hopes of pension, place, or practice, were minded to come to the bar, had been obliged to take the oaths against Popery, which the Penal Laws imposed, and to conform outwardly to the Established religion. 10 LIFE OF DANIEL O'CONNELL. Their object once attained, they had often relapsed into a suspected state, half-way between conformity and Catholicism, in which many of them were content, as the price of toleration, to become the disreputable tools of the Government. From this unhappy temptation an Act of the Irish Parliament had recently relieved the Catholics, and, although labouring under great educa- tional and some social disadvantages. Catholic barristers had now a fair field for their talents. Into this field O'Connell was among the first to step. For two or three years after his return to Dublin, though he frequented a debating society in Eustace Street, he occupied himself but little with politics. He lodged in Trinity Place, and having no relations and few friends in Dublin, he was thrown very much on his own resources. He became a Freemason, and even master of his lodge, No. 189, and continued to be one till 1801. That he had some connection with the con- spiracy of 1798 is probable. He was sworn in as a United Irishman and attended at least one meeting at which John Shears was present, but he took no part in the proceedings. His most intimate friend in London had been a young Irishman, of good family, Richard Newton Bennett, and Bennett was a member of the Directory of United Irishmen. An accident gave him a hint of the danger of going farther. He was at this time living a convivial and dissolute life. Though no drun- kard, and indeed one of the first to set his face sternly against the extravagance of compulsory wine-bibbing, which then prevailed among the Irish gentry, he occa- sionally got drunk. Coming home emboldened with good liquor, from a party at the house of his friend Murray, a cheesemonger of 3, Great George Street, one evening in the month of March, 1798, he found a knot EARLY AND PROFESSIONAL LIFE. 11 of miscreants persecuting a poor street-walker. With generous courage he interfered to protect the girl, and was at once attacked himself. Being a finely-built athletic young fellow, he knocked three of his assailants^ down, but was then pinioned from behind and hit savagely about the face. For some days his bruisea compelled him to keep his room. His landlord, a re- spectable fruiterer named Ryan, took the opportunity of giving him some good advice. He warned his lodger to have nothing to do with the conspirators and their plans, as from what he had heard at the Castle in the course of his business, he knew that the Government wa» quite alive to all the details of the plot. Such is the story told by O'Conneirs son ; but a son of Murray's used to declare that his father only pre- vented the arrest of O'Connell, who was desirous of going to swear in members at a neighbouring meeting of United Irishmen, by prevailing on him to go down to the quay and quit Dublin that night in a turf-boat* Scarcely was he gone when Major Sirr reached Murray's house, which he had just left. A few months after- wards his life was very nearly cut short by a violent illness. While staying at Darrynane, and before his first circuit, in August, he got wet through on the hills in following his favourite sport, and heedlessly slept in his wet clothes in a peasant's hut. Next day he was taken ill, and for many days lay at death's door with typhus. His brother John came to see him. The insurrection had then broken out. He recovered consciousness, and cried out, ** What news from the disturbed districts? I am to be a delegate." But his vigorous constitution stood him in good stead, and his life was saved. From whatever source his lesson came, O'Coonell 12 LIFE OF DANIEL O'CONNELL. accepted it, and, from the disastrous results of the rising of 1798, contracted a life-long horror of all armed re- bellion, and of secret societies, whose members are al- ways so much at the mercy of a spy. He never forgave the men of '98, and used to speak of them in terms of harsh and almost unjust censure. " It was they," he said, " who helped Pitt to carry the Union." During Emmett's rising, he served in the Lawyer's Artillery Corps, and was called out on various services, in the course of which, at considerable risk to himself, he restrained his comrades from the commission of gross illegalities. What he then saw strongly impressed him with the inferiority for the maintenance of civil order of a volunteer body to a regular military force. Its want of discipline and professional self-restraint hurry it into the commission of excesses just when forbearance is most needed. He saw the tendency, as he put it, ** when a man has arms in his hands to be a ruffian." He made by his profession in his first year £58, In his second he made dG150, in his third i6200, in his fourth ^315, and thereafter his income rose rapidly. He joined the Munster Circuit, which included the counties of Cork, Kerry, Limerick, and Clare, where his family connection was strong. In the autumn of 1813 there were twenty-six cases at the Limerick Assizes, and he was briefed in every one of them. He continued to go circuit for two or three and twenty years, and after that only went for a special fee, when his visits were made the occasion of public rejoicings. In his last year of practice, though he lost a whole term, he made nine thousand pounds. ** The last hour of my practice at the bar," he said of himself, **I kept the court alternately in tears and in roars of laughter." As Shiel says of him, *' from some of the witnesses he EARLY AND PROFESSIONAL LIFE, 13 extracted that they were unworthy of all credit, being notorious knaves or process-servers ; others he inveigled into a metaphysical puzzle touching the prisoner's identity ; others he stunned by repeated blows with the butt-end of an Irish joke : for minutes together the court and jury, galleries and dock, were in a roar." For a long time his practice lay very largely in criminal courts, but his opportunities of making speeches were for some time very limited. Counsel for the prisoner in those days was not allowed to address the jury, and O'ConnelFs skill lay in his knack of insinuating half-a- dozen speeches to the jury while pretending to argue a point of law to the judge. The rank of King's Counsel was conferred only on Protestants, and Roman Catholic juniors were obliged to apply themselves to the exa- mination and cross-examination of witnesses. For this, O'Conneirs intimate knowledge of the Irish peasant's mind peculiarly fitted him, and as a cross- examiner he was unrivalled. Once, in 1822, he cross-examined a witness with such severity that the man made a rush at him from the table, but fortunately fell to the ground. Numberless are the stories of his astuteness in dealing with witnesses, whose evasions and shifts, though paltry in their design, were ingenious and clever with a wholly Irish cleverness. In one case the issue was whether a purported will had been duly exe- cuted by the testator or was a forgery. 0*Connell was struck by the fact that one witness reiterated several times in one set phrase, that he saw the testator's hand sign the will " while life was in him." He turned sud- denly on the man. ** By virtue of your oath ! " he cried, " did not someone write with the dead man's hand, while a live fly was placed in his mouth ? " The wit- ness, crestfallen, admitted it, and the case was won. 14 LIFE OF DANIEL O'CONNELL, To another witness, who denied that he was drunk, because ^* he had only had his share of a quart," O'Connell quietly said, '* Come, wasn't your share all but the pewter ? " and the man owned that it was. A prisoner whom he had successfully defended upon some charge thanked him with topsy-turvey goodwill. ** Och ! Counsellor," he said, *^ I Ve no way here to show your Honour my gratitude, but I wish I saw you knocked down in my own parish, and wouldn't I bring a faction to the rescue ! " His indefatigable energy and great physique enabled him to carry on a gigantic practice hand in hand with the labours of agitation and the pleasures of society. The anecdotes of what are really feats of strength are many. On his first circuit he left Darrynane at four in the morning, reluctantly leaving his brother to go coursing, while he rode for the assizes and covered sixty Irish miles that day. He went to a ball and danced, danced with Irish energy, until the small hours, and, rising again at half-past eighty rode on his way all day. In 1829, a Mr. George Bond Low, a Cork gentleman, was fired at, and a conspiracy, called the '^Doneraile conspiracy," to murder him and some other gentlemen of Doneraile, county Cork, was supposed to have been discovered. In October a first batch of prisoners was tried by a special commission at Cork, consisting of Baron Pennefather and Mr. Justice Torrens. Dogherty, the Solicitor- General, was for the prosecution. O'Con- nell, then fifty-four years old, was resting at Darrynane, after the year of incessant conflict which won the Eman- cipation battle, and he had declined to defend the prisoners. The first four were convicted. Their friends were filled with panic : in such a result they had been unable to believe. O'Connell and O'Connell alone EARLY AND PROFESSIONAL LIFE. 15 could save the rest. A farmer named William Burke was despatched post-haste to Darrynane, ninety miles away. Travelling in Kerry was still slow and difficult. The first four-horse mail from Cork into Kerry had only been run in August 1810 ; the Limerick mail-coach was a thing of but four years' standing. About thirty years before, O'Connell had been four days in getting from Darrynane to Limerick, and, until 1839, there was a portion of the road to Darrynane, five miles long, so insecure, that the horses had always to be taken out, and the chaises, the rough conveyances of the country, dragged with ropes by men. Burke arrived early on a Sunday morning, and told O'Connell his tale. The counsellor said he would come to the rescue. With only two hours' rest, Burke set out again for Cork, to prepare relays of horses along the road, and raise the spirits of the prisoners and their friends. O'Connell set oflf and drove himself in a chaise all that day and all the night. At Macroom he snatched three or four hours' sleep, and at daybreak he pushed on. The court was to sit at nine ; the judges had refused to delay the trial for O'Connell's arrival. All Cork was quiver- ing with anxiety ; would the counsellor be there in time ? At length the watchers descried him dashing along the Kerry road and lashing his horse as he came. The cheer that went up from thousands of throats broke in upon the Solicitor-General's opening speech/ Pushing through the crowd, O'Connell pulled up at the court ; his horse fell dead in the shafts. As be entered the court Dogherty turned white, and the prisoners dared to hope. Apologising to the bench, O'Connell took his sent, and, snatching a hasty breakfast of milk and bread as he sat in his place, plunged into the case. The Crown witnesses were not prepared to face him. 16 LIFE OF DANIEL O'OONNELL. He browbeat the Solicitor-G-eneral, mimicked his pro- nunciation, and sneered at his law. Though the evi- dence was the same as that which had convicted the first batch, the jury, under the influence of O'Connell's ascendancy, disagreed as to the second, and acquitted the third. No wonder that he lived in the hearts of the Munster men, who had so often seen their friends and relatives saved by his skill. The Irish peasantry, who gave to O'Connell through a quarter of a cen- tury an affection and obedience which they have never given to any other leader, always loved better than all his titles the name of ^^ the Counsellor." Yet some of O'ConneH's popularity in his profession was won by discreditable arts. Ireland is a country in which it has never been particularly unpopular to attack a judge for his conduct on the bench, either in court or in the press, and there were many occasions upon which O'Connell, without censure or loss of reputation, as- sailed the court or his opponents in language which cannot be justified, and which darkens the splendour of' his great forensic career. It is one of the commonplaces, of Irish history to say that at the beginning of this, century the Irish bench was bigoted, intemperate, and corrupt, the law-officers unscrupulous and ungenerous,, that juries were packed, and the well of justice poi- soned at the spring. It is true that none but Protestants, received Crown appointments, and that promotion from^ Government posts at the bar to a seat on the bench, was the natural ambition of a Crown lawyer. It is. unfortunately true that persons of inferior capacity, defective temper, and insufficient learning were placedi upon the bench. Such judges often delivered them-, selves with harshness and prejudice; but it is to be remembered that in England too at that time public. EARLY AND PROFESSIONAL LIFE. 17 opinion was perfectly tolerant of judicial severity and of a strong leaning in favour of Government, when questions of law and order were concerned; and it has chiefly heen in political trials that the conduct of the Irish bench has been impugned. That the lists of jurors were often tampered with is probably but too true, and the two cases of the trial of Magee and of O'Connell himself are, unhappily, notorious examples of it; but this appears to have been done by over- zealous and unscrupulous underlings in the various sheriffs' offices. The Crown, too, made an habitual use of its right to order jurors to stand aside so as to exclude Koman Catholics from juries. Now it is easy to see that the practice is indefensible ; yet there were often grounds then for fearing that in particular cases and seasons of excitement a Roman Catholic might not be an impartial juror ; nor is branding a Dublin Protestant by the term of ** Castle tradesman '* enough of itself to place him beyond the pale of justice and fair dealing, O'Connell himself said, before a Parliamentary Com- mittee in 1825, *' In the Court of King's Bench every- thing is done that one can wish. I cannot say that of the Court of Common Pleas or of the Exchequer, though there are individual judges in both, of whom I think highly. The Court of Chancery is not so well, indeed it gives no satisfaction at all. The apprehension of partiality is more occasioned by the kind of instru- ments that are used to bring questions to trial than in the superior judges themselves." His conduct in court was at times deplorably violent; at times improperly crafty. He was accustomed to defend himself by saying that he found extravagant language necessary to awaken the self-respect of the down-trodden Koman Catholics, and to persuade them 2 18 LIFE OF DANIEL O'CONNELL. that they too had rights, and a champion who was not afraid to assert them. But the plea is unavailing. Once he was defending a prisoner, who was being tried upon a capital charge. He saw that there was upon the merits no defence at all ; but it happened that, in the absence of the regular judge through illness, Serjeant Lefroy sat as commissioner and tried the case, O'Connell determined to practise upon the fears and conscientiousness of an untried and inexperienced judge. He began to ask the witnesses questions which were wholly irregular and inadmissible. To these Serjeant Gould, who appeared for the Crdwn, made objection, as he was in duty bound to do. Serjeant Lefroy, of course, allowed the objection. It was for this O^Con- nell had been playing. He affected righteous wrath, threw away his brief, and crying, *' If you won't let me defend him, his blood be on your head," flung out of court. Lefroy lost his nerve, began to act as counsel for the prisoner, summed up in his favour, and the man was acquitted. ** I knew," said O'Connell afterwards, '* the only w^y was to throw the responsibility on the judge ! " *' Good God, my Lord ! " he once cried at Cork Assizes to a judge, who had employed his evening after his day's work in refreshing his memory upon some point of law, and on coming into court gave him a favourable decision, ** If your lordship had known as much law yesterday morning as you do this, what an idle sacrifice of time and trouble would you not have saved me, and an injury and injustice to my client ! " On another occasion, during a motion for a new trial, counsel called on a young Kerry lawyer, who was attorney on the other side, to produce some document or make some admission. O'Connell, who chanced to be in court, but, for aught that appears, knew nothing whatever of EABLY AND PROFESSIONAL LIFE. 19 the rights and wrongs of the case, and had nothing to do with it, stood up in court and told the attorney to refuse. Baron McClellan, one of the judges on the bench, asked him if he had a brief in the case. **No, my Lord," said OTonnell, '* I have not, but I will have when the case goes down to the assizes.'* ** When I was at the bar,'^ said the judge, ** it was not my habit to anticipate briefs.'* ** When you were at the bar," cried O'Connell, " I never chose you for a model, and now that you are on the bench I shall not submit to your dictation." ** Leaving his lordship to digest this retort," says O^Conneirs admiring biographer, **he took the attorney by the arm and walked him out of court. In this way he dealt with hostile judges." It is to be hoped that this vigorous effort was rewarded with the expected brief, but the tone employed to the judge was one which, as the story has it, *' would be offensive from its Maker to a black beetle." Saurin, the Attorney-General, one of the most dis- tinguished of lawyers, was the object of O'Conneirs peculiar animosity, and what took place between them upon the trial of Magee in 1813 is remarkable. Some time after the verdict, on November 27th, the Attor- ney-General moved the King's Bench in aggravation of the sentence upon Magee, upon the grounds of the line of defence adopted by O'Connell at the trial, and of the subsequent proceedings of the defendant. O'Connell chose to take umbrage at one of Saurin's expressions, and proceeded thus : — Even here do I yield in nothing to the Attorney-General. I deny in the strongest terms his unfounded and absurd claim to saporiority. I am hin oqual at least in birth, his equal in fortune, his equal certainly in oducatioti, and an to talent I should not add that, but thero is littU Yftuity iu claiming equality. ... I do most sincorely rejoice that th« 2 • 20 LIFE OF DANIEL O'GONNELL. Attorney-General has prudently treasured up his resentment since July last, and ventured to address me in this court in the unhandsome language he has used, because my profound respect for this temple of the law enables me here to overcome the infirmity of my nature and to listen with patience to an attack which, had it been made else- where, would have met merited chastisement. * * * * * Mr. Justice Osborne. — I will take the opinion of the court whether you shall not be committed. The Chief Justice. — If you pursue that line of language we must call upon some other counsel upon the same side to proceed. Mr. Justice Day. — Now, Mr. O'Connell, do you not perceive that while you talk of suppressing those feelings you are actually indulg- ing them. The Attorney- General could not mean you offence in the line of argument he pursued to enhance the punishment in every way of your client. It is unnecessary for you to throw off or to repel as- persions that are not made on you. Mr. O'Connell. — . . . What did he mean when he imputed to the advocate participation in the crime of the client ? This he distinctly charged me with. Mr. Justice Day. — You shall have the same liberty that he had, but the Court did not understand him to have made any personal attack upon you. Mr. Justice Osborne. — We did not understand that the Attorney- General meant you, when he talked of a participator in the crime of your client. The Attorney- General. — I did not, my lords; I certainly did not mean the gentleman. Mr. O^Connell. — Well, my lords, be it so. ... I am therefor© enabled at once to go into the merits of my client's case. It may be that during the whole course of this case the air was so electric, that O'Connell really had sup- posed that something had passed which he ought to resent, but the affair had very much the air of a piece of factitious indignation. The end of O'Conneirs speech rather confirms this impression. As Curran had once done to Lord Clare, he attacked both the Attorney- General and the Bench by drawing his own portraits of them to their faces in the blackest colours, and speculating what his course would have been, had FABLY AND PE0FE8SI0NAL LIFE, 21 those been his opponents and judges, and not the ad- mirable persons he saw before him. Of Saurin he spoke in this hypothetical way as *' some creature, nar- row-minded, mean, calumnious, of inveterate bigotry and dastard disposition . . . whose virulence will ex- plode by the force of the fermentation of its own pu- trefaction, and throw forth its filthy and disgusting stores to blacken those whom he would not venture directly to attack." Having regard to the nature of the motion before the court and to the grounds of it, one does not wonder that at the close of this speech, O'Connell's own junior rose, and on behalf of his client Magee, repudiated his leader's language. 22 LIFE OF DANIEL O'CONNELL. CHAPTER II. THE SECURITIES CONTROVERSY. 1800-1813. Position of the Catholic movement — Leadership of John Keogh — The period of " dignified silence " — The Veto — The Catholic Board — Grattan's Bill of 1813 — Quarantotti's rescript — Collapse of the Catholic party. In 1800, the movement for Catholic Relief, which had begun about 1760 and culminated in 1793, was in a state of profound quiescence, almost of torpor. The Catholic party, thankful for what it had won and fearful of collision with the Government, was without policy or organization and almost without leaders. In that con- dition it remained for several years, and when it again became active it had new leaders, new methods, and a goal so different as to be hardly any longer the same. This comprehensive change was the work of O'Oonnell. From the fall of Limerick to the Declaration of American Independence the Irish Roman Catholics had groaned under a penal code of terrible rigour. Enacted for the most part in the reigns of William III. and of Anne, something had been added to its severity under every succeeding Sovereign. For nearly a hundred years Ire- THE SECURITIES C0NTB0VEB8Y, 23 land caused EnglaDd neither anxiety nor solicitude. The Cromwellian policy had been to exterminate the Koman Catholics, and had failed. The Penal Code sought by heaping up disabilities to reduce them to political insignificance and impotence, and to such justification as success can give that policy was en- titled. It was not until England found herself sur- rounded by imminent perils from without, that the first part of the Code was abrogated, nor until the best public opinion of England could no longer tolerate such laws that the second part was swept away. The aim of the penal laws was to make and keep the Koman Catholics weak, disunited, ignorant, and fearful, and so long as those laws were enforced in their entirety they succeeded in that dark endeavour. Long after their worst severities had been relaxed O'Connell was accustomed to say, that you could tell a Roman Catholic in the street by his hesitating gait, his timid carriage, and his demeanour of conscious inferiority. The evil eflfects of the disabilities long survived their repeal. Still, during the latter half of the eighteenth century the lot of the Irish Roman Catholic had been greatly improved, until indeed in 1800 it was better than that of his English co-religionist. The movement first began among the Catholic aristocracy and gentry. In 1760 the first General Association of Catholics of Ire- land was formed, and in 1776 their position was enor- mously changed for the better by the repeal of several Acts, which disabled Roman Catholics from being owners of land. But the Catholic gentry were jealous of the Catholic merchants, and when the outbreak of the French Revo- lution was greeted by the latter with enthusiasm and hope, the leaders of the former seceded in a body from 24 LIFE OF DANIEL O'CONNELL. the organization. The blow to the Catholic cause seemed paralysing, but it was in fact a fortunate event. It threw the leadership into the hands of a man of talent and force, John Keogh of Mount Jerome. Keogh, without any gifts of oratory or grace of manner, was typical of his class, a merchant of rough force and direct insight, who combined daring with caution, and possessed an instinc- tive comprehension of the means at his disposal, the goal to which they could carry him, and the right tactics for success. For twenty years he remained the leader of the movement. In 1791 he went to London, alone and at his own charges, saw Burke, was by him introduced to Henry Dundas, and by his plain but adroit diplomacy, persuaded the Minister of the wis- dom of listening to the prayer of the Irish Catholics. By direction of the English Ministry a Bill was intro- duced into the Irish Parliament and passed, which opened to the Catholics the bar, removed the remaining restrictions on education, and repealed the Intermarriage Act. Returning to Ireland, Keogh undertook, with the assistance of Wolfe Tone, a personal propaganda throughout the country, and procured the appointment of upwards of two hundred delegates, who assembled in Dublin in a convention, which was nicknamed from its place of meeting the "Back Lane Parliament." The Convention appointed a deputation of five, of whom Keogh was one, to wait upon the King and present their petition. They crossed the Channel, were gra- ciously received by His Majesty, and had an inter- view with Pitt. O'Connell, who had but scant respect for Keogh, long afterwards charged him with having on this occasion, in efi*ect, ruined the Catholic cause, for he was sent to demand equality with Protestants and allowed Pitt to cajole him into accepting the munioi- THE SECVEITIE8 CONTROVERSY. 2S palities and the franchise. But having regard to Keogh*s character, to the circumstances of the tim^, and to the magnitude of his achievement, it may be well doubted if more could have been hoped for than Keogh got. At the instance of the English Ministry, a bill was intro- duced into the Irish House of Commons, and ultimately passed, which in point of legislative change did more for the Roman Catholics than Kenmare did in 1776 or O'Connell in 1829. It opened to them the magis- tracy, the grand juries, the military forces, and the municipalities ; it relieved them from most of the re- maining private disabilities, penalties, and forfeitures, and, much against the wish of the Protestant members and even of the Catholic nobility, it admitted them to the electoral franchise. They remained excluded only from Parliament, and a few of the highest military and civil posts. The qualification for the franchise was fixed at a freehold interest of the nominal value of 40s., and, as a leasehold interest for life was held to confer the fran- chise, vast multitudes of Roman Catholic peasants ob- tained it. But the vote of the tenant was regarded as the landlord's property by unquestioned right. It was a common thing for the tenants to be driven up ia flocks to the poll like sheep, to vote as their landlord directed ; and the gentry and nobility of Ireland, purely to increase their own political importance, set them- selves to manufacture freeholders upon a gigantic scale. Innumerable small holdings were created, no matter at what cost of sub-division of tenancies and increase of a pauper population, and leases for lives were granted of the requisite annual value, but determinable on non- payment of rent, which, to preserve the landlord's control, was deliberately kept in arrear far beyond the peasant's ability to pay on demand. This class of voters had 26 LIFE OF DANIEL O'CONNELL. neither education nor independence. A tenant who disregarded his landlord's direction at the poll, was promptly called upon to pay his arrears of rent, and on his inevitable failure to perform that impossible task, he forfeited his lease, his holding, and his vote. Both socially and economically the system did irreparable harm to the tenantry, and unhappily it endured long enough to effect the whole of its mischief. It was not for thirty-five years that the revolt of the peasant against his landlord came, and when it came, O'Connell was the author of it. From 1793 to 1800, the Catholics attempted little and effected nothing. They saw that from Grattan's Par- liament they had little to hope ; it was to the English Parliament that they had to look. In the negotia- tions for the incorporating union, distinct promises of emancipation were made to the Koman Catholics, and distinct support was given in return. But when the Act of Union passed, and the time came for satis- fying the hopes that had been excited, Pitt, in whose scheme Catholic Emancipation was an integral part, found that he had not sufficiently reckoned with the opposing force of the King's crazy conscien- tiousness, and the intriguing resistance of the high Tory lords. The Eoman Catholics were left with the feeling that they had been baulked of their hopes, and •even defrauded of their rights. For peaceful persuasion and influence the Imperial Parliament seemed both too distant and too ignorant; rebellion after rebellion, begun in folly and quenched in blood, had proved that there was no hope for them in force, and the time was still a generation distant when O'Connell could shew them that it was possible for the English legislature to be terrorised without insurrection, and for the unarmed THE SECURITIES CONTBOVEBSY. 27 Irish to extort by threats what persuasion could not obtain. For some years their leaders, alike Keogh for the mer- chant middle class, and Lord Fingal for the aristocracy, were content to advise an attitude of " dignified silence." Much had been gained in the previous twenty years. The legal position of the Irish Catholics compared favourably with that of Catholics or of Protestant Dis- senters in England. Among them the franchise was so profusely distributed, that with less than one-fiftieth of the real estate of Ireland they had a clear majority of YOtes in the counties. The magistracy, the grand juries, and the bar, though not the bench, were open to them. With the exception of some thirty of the highest posts, they could enter both the civil and military services of the Crown. They were eligible for university degrees, and for admission to corporations. In England, on the other hand, the Test and Corporation Acts were still unrepealed. A Catholic could neither take a degree nor be an alderman. In the army he could rise no higher than the grade of a lieutenant ; he was ineligible for civil office, and was excluded from the franchise. It is true that these privileges, which were theirs in law, were but little, if at all, open to the Irish Catholics in fact; but their inferiority to the Protestants was nothing in comparison with their superiority to the posi- tion which their own fathers had held, and for a time they were disposed to be passive, and to acquiesce in the policy of Keogh. 0*Connell, occupied in found- ing his practice at the bar, accepted this state of things; but presently the Catholics began to move, and he was among the earliest of the baind of barristers who attended all the meetings, and took a lively interest in the course pursued. In 1805 a meeting 28 LIFE OF DANIEL 0' CON NELL, assembled, but timorously rejected a proposal to peti- tion for the admission of Catholics to Parliament by 336 to 124, and although Keogh talked of forming- another General Committee, nothing came of it. In February 1806 the Talents Administration came in, and in April the new Lord Lieutenant, the Duke of Bedford^ arrived in Ireland. On the 8th of the month a meeting^ was held, at which a vague association was formed, which^ through fear of the Convention Act of 1793, took no defi- nite shape. The Duke of Bedford promised, on behalf of the Prince of Wales, that he would admit the Roman Catholic claims whenever he should be in a position to do so, and the same promise seems to have been given personally by the Prince to Lords Fingal, Petre, and Clifden at Carlton House. Keogh, however, was not entirely satisfied, and a speech of his at a meeting on 24th January 1807 expressed such a determined attitude that it was reported to the King, and was not without its influence in inducing him to refuse his assent to Lord Howick's Relief Bill. The Catholics saw their Whig friends, Grenville and Howick, fall in 1807, as they had seen their Tory allies, Pitt and Canning, fall in 1801, in a vain effort for the Catholic cause. From this time O'Connell became convinced that it was not by soft words, or by deferentially forbearing to advance incon- venient claims, that these claims would meet with a just recognition. To the "natural leaders," however, of the Catholics, the nobility and the old-fashioned merchants, O'Connell seemed a turbulent and importunate young man, and their movement continued to follow the same timorous course. Their business was managed by committees appointed by aggregate meetings, cautiously summoned for that purpose and immediately dissolved. A kind of THE SECURITIES CONTBOVEBSY. 29 representative organization was attempted in 1807, when delegates were summoned from several Dublin parishes ; but on April 18th of that year a meeting was held at which the Catholic petition was withdrawn, and the association dissolved. Nor did any definite result follow from the meeting held in January 1808. At last, largely at the instance of O^Connell, a numerous meeting was held on the 24th May 1809 at the Exhibition Room in William Street, Dublin, and a permanent organization was adopted. It was formed from the remaining members of the delegation of 1792, and of the '* thirty- six addressers," and was really, if not in form, a repre- sentative body. This Committee met on November the 8th, decided to present a petition to Parliament, and appointed a sub-committee to prepare it. The move- ment had now a ttoO o-tw, and proceeded continuously, and meetings of the General Committee were held from time to time during 1809 and 1810. In 1810 its scope was extended by a resolution to form local boards or committees in connection with it, but nothing more was done than to hold occasional local meetings, chiefly in the southern counties, during the Munster Assizes. These meetings mark the growing influence of O'Connell and the other Catholic barristers, men who brought to the cause the prestige of their pro- fession, with easy eloquence, business-like habits of speaking, and the art of presenting a case in a broad and tolling way, but also its disadvantages, a tendency to quibbles and to chicane, and a proneness to debate trifles till the main object was lost sight of. At the various meetings 0*Connell was an indefatigable atten- dant and speaker. Two of the resolutions of the meeting of May 1809 were proposed by him. To bim fell most of the work of drafting resolutions ; and the 30 LIFE OF DANIEL O'CONNELL. Report on the Penal Code, a work of much elaboration and research, which was principally prepared by Scully for the Catholic Committee, was in part O'Connell's work. Keogh was now living in a retired but respect- able old age at Mount Jerome. The principal peer& who led the Catholics were Lord Fingal, Lord French, Lord Trimleston, and Lord Gormanstown. But the business of the organization was done in committees, and there the leadership naturally fell into the hands of the barristers. For a time the chief of these was James Scully, nicknamed the Abb6 Sieyes, a man of a sardonic and scheming turn, without any gift of oratory, who preferred to gain his ends by Machiavellian diplomacy rather than by open agitation. While keeping himself studiously in the background, he was, in fact, for a time the most influential man in the body. Prominent men also were Hussey and Clinch, members of the bar, and Dr. Dromgoole, *' the Duigenan of the Catholic cause,'* an implacable and impracticable bigot, saturated with mediaeval theology, and unable to perceive that he was living in the nineteenth, and not in the fourteenth century. But gradually the untiring energy, the self- devotion, the legal acumen, and the eloquence of O'Connell, brought him more and more to the front, till by the beginning of 1811 his leadership was virtually established. He would stand on the Carlisle Bridge accosting Roman Catholic passers-by, and pressing them to come into the meeting at the adjacent Exchange Rooms, which were taken for the purpose in his name. For more than twenty years before Emancipation [says his Letter to Lord Shrewsbury] the burthen of the cause was thrown on me. I had to arrange the meetings, to prepare the resolutions, to furnish replies to the correspondence, to examine the case of each person complaining of practical grievances. ... At a period when my minutes counted by the THE SECURITIES CONTROVERSY. 31 guinea, when my emoluments were limited only by the extent of my phy- sical and waking powers, when mj^ meals were shortened to the narrowest space, and my sleep restricted to the earliest hours before dawn, at that period, and for more than twenty years, there was no day that I did not devote from one to two hours, often much more, to the working out of the Catholic cause, and that without receiving or allowing the offer of any remuneration, even for the personal expenditure incurred in the agitation of the cause itself. For four years I bore the entire expenses of Catholic agitation without receiving the contributions of others to a greater amount than £74 in the whole. A man of this calibre could not have been passed over, but O'Connell, who was never tolerant of a rival, forced his way to the front in a way that showed little respect or reverence for the age and services of the leader whom he was ousting. Long afterwards, when he was himself ripe in age and service, and in his turn had young men about him impatient of his cautious policy, he told Daunt — Keogh saw that I was calculated to become a leader. . . . The course he then recommended was a sullen quiescence. He urged that the Catholics should abstain altogether from agitation, and he laboured hard to bring me to his views. But I saw that agitation was our only available weapon. ... I saw that by incessantly keeping our demands and our grievances before the public and the Govern- ment, we must sooner or later succeed. Moreover, that period aboye all others was not one at which our legitimate weapon, agitation, could have boon prudently let to rust. It was during the war, and while Napoleon, that splendid madman, made the Catholics of Ireland so essential to the military defence of the Empire, the time seemed peculiarly appropriate to press our claims. About that period a great Catholic meeting was held. . . . Keogh drew np a resolution, which denounced the continued agitation of the Catholic question at that time. This resolution, proceeding as it did from a tried old leader, was carried. I then rose and proposed a counter-resolution, pledging ns all to incessant, onrelaxing agitation ; and such were the wiseacres with whom I had to deal, that they passed my resolution in the midst of enthusiastic acclamations. . . . Thenceforward, I may say, 1 was Me loader. 22 LIFE OF DANIEL O'CONNELL, In O'Connell's hands, and conducted upon these principles, the agitation became so considerable that the Government was no longer able to ignore it. The Catholics were shrewdly advised, but at last they made a false step. Till the summer of 1809 the meetings had cautiously passed formal resolutions disclaiming any representative or delegated character. Then, growing bolder, they dropped them. In the beginning of 1811, upon the advice of O'Connell that such a proceeding was legal, Hay, their secretary, issued a circular calling on every county to elect delegates to the association in Dublin. Clare's Convention Act of 1793 was ready to the Lord Lieutenant's hand. On February 12th the Chief Secretary issued a letter to all magistrates, calling on them to arrest all persons advocating or taking part in any such election. On February 23rd, Darby, a police magistrate, appeared at a meeting of the Committee, and called on those present to disperse, but after a quibbling discussion he withdrew. Another attempt of the same kind was made on July 9th. On August 12th two leading delegates, Taafe, a banker, and Kirwan, a merchant, were arrested, and a warrant was issued against Dr. Sheridan. On October 19th a new Catholic committee met, composed, in defiance of the Government, of elected delegates, ten from every county, and was required to disperse by a police magistrate named Hare. On November 23rd its meeting was actually broken up, and the Catholics thought it wise to dissolve their com- mittee. On December 26th they met and elected a non- represeutative Catholic Board. This was an admission of defeat. The first of the prisoners. Dr. Sheridan, had already been tried and acquitted on November 22nd, but on January 30th 1812, Kirwan was found guilty, though no sentence was passed upon him ; and the THE SECURITIES CONTBOVEBSY. 33 action for false imprisonment, which on Sheridan's acquittal had been brought against Chief Justice Downes, who had issued the warrants, resulted in the defendant's favour. The Government was master of the field. The Catholics had to content themselves witli holding occasional meetings in the country to protest against the blow. To O'Connell and the Catholics no statesman was so hateful as Mr. Perceval. In October 1810 George III. relapsed into insanity, and in February 1811 the Prince of Wales became Prince Regent, but under considerable restrictions. These expired in February 1812, and it was thought that the Prince would indulge his Whig proclivities by dismissing his Tory Ministers. To the Catholics he had made many promises, and they looked now with painful anxiety for their fulfilment. The Prince made no sign ; Perceval remained in office. On the 11th May, Perceval was shot in the lobby of the House of Commons, by a crazy tradesman named Bel- lingham. Again the Prince forgot his promises. The influence of the Hertford family in the royal closet was a fatal obstacle to the assumption of office by Gren- ville and Grey, and Perceval's colleagues continued to carry out Perceval's policy. The mortified Catho- lics, with O'Connell at their head, fell into a childisli pet of rage. Perceval had hardly been in his grave a month when O'Connell was saying of him : — For my ))Hrt, I fool uiialToctod horror at his fate, and i\\\ traoo of rosentmont for his criinoH is obliterated ; but I do not forgot that ho was a narrow-minded bigot, a paltry statesman, and a bad minister ; that every species of public corruption and profligacy had in him a flippant and port ndvooato ; that every advance towards reform or -economy had in him a decided enemy ; and that the liberties of th« ])Ooplo were the object of his derision. 3 34 LIFE OF DANIEL O'CONNELL. At this meeting, 18th June 1812, the Catholics passed these impolitic and impotent resolutions : — That from authentic documents now before us we learn with deep disappointment and anguish how cruelly the promised boon of Catholic freedom has been intercepted by the fatal witchery of an unworthy secret influence, hostile to our fairest hopes, spurning alike the sanc- tions of public and private virtue, the demands of personal gratitude, and the sacred obligations of plighted honour. That to this impure source we trace but too distinctly our afflicted hopes and protracted servitude, the arrogant invasion of the un- doubted right of petitioning, the acrimony of illegal State prosecu- tions, the surrender of Ireland to prolonged oppression and insult, and the many experiments equally pitiful and perilous, recently practised upon the habitual passiveness of an ill-treated but high- spirited people. The Catholics must have heen simple indeed, and ignorant of the movements of the parties of their times, if they thought that it needed any ** secret influence " but that of his own convenience to make the Prince break his word, or that nothing prevented instant Emancipation but the religious scruples of a royal favourite. But while the Catholics conducted their agitation thus openly in Ireland, they had left the conduct of their interest in Parliament in the hands of Lord Grenville and Mr. Grattan. To Keogh, and afterwards to Lord Fingal, it was left to keep up such communication as they thought fit between the parliamentary advocates of Emancipation and the Irish party ; and this method of procedure by semi-secret diplomacy led to dissen- sion and disaster. Pitt's intention had been to deal with the Irish Catholics in a liberal spirit. His plan seems to have been first generally made known by Castlereagli in a speech in the House of Commons on 25th May 1810. *' He had been authorised/* he said, THE SECURITIES CONTROVERSY, 35 ** to communicate with the Catholic clergy. It was then distinctly understood that the political claims of the Catholics must remain for the consideration of the Im- perial Parliament, hut the expediency of making with- out delay some provision for their clergy under proper regulations was fully recognised. The result of their deliherations was laid before Government in certain resolutions signed by ten of their bishops, including the four metropolitans, in January 1799." The bishops had met in Dublin on January 17th, 18th, and J9tb, 1799, and their resolutions were : — That a provision, through Government, for the Roman Catholic clei-gy of this kingdom, competent and secured, ought to be thankfully accepted ; [and that] in the appointment of prelates of the Roman Catholic religion to vacant sees within the kingdom, such interference of the Government as may enable it to be satisfied of the loyalty of the persons appointed, is just and ought to be agreed to. They went on to suggest that this interference might be provided for by sending to the Govern- ment the names of those persons whom the Catholic clergy had selected for submission to the Pope, which the Government, if satisfied with them, might there- upon forward to Home, or, if not, return to Ireland. For several years this idea had been at rest, but in 1808 Grattan and Ponsonby, anxious in bringing on again the question of the Catholic claims to be able to allay if possible the jealousy of English Protestantism, inquired of Fingal, who was spokesman for the Irish Catholic laity, and Dr. Milner, Vicar-Goneral of the Midlands, who acted as agent in London for the Irish prelates, wliether there was no pledge or guarantee which could be offered by the Catholics. Fingal and Milner then mentioned the check on the nomination of bishops to which the Irish prelates had been willing to con- 3 • 36 LIFE OF DANIEL O'CONNELL. sent in 1799, and Milner said that the bishops, while immovably opposed to a positive interference of Government in their aflfairs, would accept such nega- tive interference as would give the Government addi- tional means of satisfying themselves of the loyalty of episcopal candidates. Accordingly, Grattan in the House of Commons, and Lord Grenville in the House of Lords, announced that they were empowered on the part of the Roman Catholics to offer such an arrangement as part of the general emancipation. Ponsonby said that the Catholic bishops authorised him to say that they would consent to their appointment by the Crown. In fact, however, the Roman Catholics proved to be divided upon the question, and, not without disin- genuousness, Milner hastened next day to withdraw from his pledge. The Irish bishops thought that whatever they might have been willing to agree to nine years before, when endowment was offered to them, to consent to a veto now was to give up their Church's exclusive control over her own discipline. A synod was held of all the bishops of Ireland, which con- demned it with but three dissentients; and on 14th September they formally resolved that it was inexpe- dient to make any alteration in the mode of appointing bishops. An address of thanks to them for this course was signed by forty thousand laymen. Among the Catholic laity, however, there was a party, who on this point were in close agreement with Charles Butler and the English Catholics, with whom the idea of this Crown veto seems to have originated about 1791. Lord Southwell and Sir Edward Bellew requested an explanation of the meaning of this episcopal resolution. Archbishop O'Reilly cautiously replied that, without de- THE SECURITIES CONTROVERSY. 37 iinitively pronouncing a Crown veto contrary to the doc- trine and discipline of the Church, the bishops saw danger, for the present at least, in such interference by Ministers in Church affairs. Their opposition, how- ever, became steadily more uncompromising, and the majority of the laity applauded their action. In 1810, on February 25th, the bishops voted their unconditional adherence to the resolutions of Sep- tember 1808, and declared ** that it is the undoubted and exclusive right of Roman Catholic bishops to dis- cuss all matters appertaiuing to the doctrines and dis- cipline of the Roman Catholic Church," and that they knew of no stronger pledge of their loyalty than the oath then in force. Grattan, in presenting the Ca- tholic petition in that year, was obliged to announce that he could no longer offer any securities on the part of the Catholics. On the other hand, the nobility, almost without exception, and no inconsiderable part of the middle class members of the committee, were for the veto. Lord Fingal, Sir Edward Bellew, and Woulfe, afterwards Chief Baron, seceded from the Board. Sheil, then a very young but rising man, opposed a motion of Dromgoole's against securities in any form, with a declaration that the agitation about securities had deplorably thrown back the cause of Emancipation, and that if restrictions not more severe than those borne by the Church of England would satisfy the invincible prejudices of the English, the English ought to be humoured. O'Connell took him sliarply to task. He pronounced this view a ** doctrine of slavery," a "base and vile traffic,'* and ** a peddling and huxtering speculation." Tie said that to accept the restrictions was to plead guilty to all the charges that the English made against Papists ; that no Protestant 38 LIFE OF DANIEL O'GONNELL. Minister could act honestly in the appointment of Roman Catholic bishops ; that ministerial bishops would be a means of uncatholicising Ireland, and bishoprics the reward of the political services of minis- terial toadies ; and he laid down in the most explicit terms the absolute discretion of the bishops them- selves in the matter. ** If the revered and venerable prelates of our Church, exercising their discretion as to that which belongs to them exclusively, the details of discipline, shall deem it right to establish a domestic nomination purely and exclusively Irish . . . the Board will not interfere with such arrangement." Meantime, to the English Emancipationists the course of Irish Catholic opinion was of no moment, except in so far as its violence might endanger the cause, by dis- gusting the English public. It was the episcopate of the English not of the Irish Catholic Church, the House of Commons and not the Catholic Committee, which had to be persuaded. From the time when Castlereagh joined the Government in 1812, Emancipation was an open question. Napoleon's invasion of Eussia, as yet pros- perous, was filling the nation with alarm, and bringing it into a conciliatory frame of mind; and on June 22nd, 1812, Canning moved a resolution, which pledged the House of Commons " early in the next session to take into their consideration the laws affecting the Roman Catholics, with a view to their final and conciliatory ad- justment." It was carried by a majority of 129, the largest majority in favour of the Roman Catholics in Canning's lifetime. Charles Butler thereupon began to draft a bill, and, largely upon Canning's advice, in- serted elaborate ** securities " clauses. One provided for an oath to be taken by every Catholic clergyman, that he would not assent to or concur in the appoint- THE SECURITIES CONTROVERSY, 39 ment of any Catholic prelate in Ireland, unless he should consider such prelate to he of unimpeachable loyalty and peaceful conduct, and the oath proceeded, " I have not and will not have any communication with the Pope tending directly or indirectly to overthrow or disturb the Protestant Government or the Protestant Church of Great Britain and Ireland, or the Church of Scotland as by law established, or on any matter or thing not purely spiritual or ecclesiastical." To further ensure the safety of Protestantism, a Board of Com- missioners, partly Protestant and partly Roman Catho- lic, was to be appointed to inquire into the character of nominees for vacant sees or deaneries, in order to ascertain whether there was any shadow on their loyalty or conduct. Subject to these restrictions, the House of Commons and all offices except those of Lord Chancellor or Lord Keeper and Lord Lieutenant or Lord Deputy, were to be thrown open to the Roman Catholics. On March 2nd, 1813, Grattan carried a motion in the House of Commons in favour of Eman- cipation by 264 to 224, and in April he introduced this bill. The majority rose to 42 on the second reading, but in committee, on the motion of Abbott, the Speaker, the admission of Catholics to Parliament was thrown out by 251 to 247 on May 24th, and the bill was withdrawn. It never was reintroduced, for on the very verge of victory the friends of tlie Catliolics found their cause compromised by the conduct of the leaders and people in Ireland. When the rumour of the pro- posals got abroad, they provoked not gratitude for tlie boon, but fury at the safeguards. Before the result of the Speaker's motion was known in Ireland the prelates had met on May 27th, and unanimously resolved ** tliat the ecclesiastical securities are absolutely incompatible with 40 LIFE OF DANIEL O'CONNELL, tlie discipline of the Koman Catholic Church and with tlie free exercise of our religion ; without incurring the guilt of schism we cannot accede to such regulations, neither can we dissemhle our dismay and consternation at the consequences which such regulations, if enforced, must necessarily produce/' The Catholic Board hotly debated whether the laity were to be excluded from a boon because the prelates objected to its attendant securities as uncanonical. O'Connell warmly defended the bishops, and attacked Grattan violently for ever consenting to such clauses. During the autumn, meet- ings in various parts of Ireland denounced Grattan^s ** securities." In November a correspondence took place between the Board and Grattan and Lord Donough- more, in which both the latter refused further communica- lions if the policy was to be that no securities were to be inserted in any Relief Bill, except such as might please the Roman Catholic bishops ; such a demand, said they, was to dictate to Parliament and leave it a bare choice between Aye and No. Personal relations grew strained. Scully declined to meet Plunket ; Plunket talked of not attending Parliament at all ; and Lord Donoughmore was with difficulty restrained from challenging his opponents on the Catholic Board. In the following spring 0*Con- nell moved at the Board to take the petition out of the veteran Grattan's hands, and to send over a deputa- tion to select some English member to whom it might be entrusted. He withdrew his motion, but though Grattan consented to present the petition, neither the demand of the Board nor an aggregate meeting could prevail upon him to move its discussion. Meantime, both parties naturally had their eyes turned to Rome. Wyse and others were in Rome on behalf of the Vetoists ; a friar named Richard Hayes, a THE SECURITIES CONTROVERSY. 41 nominee of O'Connell's, represented, but without tact or discretion, the Domestic Nomination party. Since the annexation of the States of the Church in 1809, the Pope had been the pensioned prisoner of Napoleon in France. Quarantotti, the Vice-Prefect of the Propa- ganda, was in charge of the Holy See. In the beginning of 1814, it appeared that the Holy See itself had none of those fears of schism which agitated the Irish pre- lates. On February 16th, Quarantotti wrote from Rome to Dr. Poynter, the English Vicar Apostolic : — Nos, qui summo absente pastore sacris missionibus praefecti sumns et Pontificiis omnibus facultatibus ad id communiti, muneris nostri partes esse putavimus omnem ambiguitatem atque objectionem remo- vere, quae optatao conciliationi possit obsistere. Habito igitur d