III mm Sum, JAMBS DOIrV. WKI.UNOTOW Qt t SKETCHES, LEGAL AND POLITICAL, . BY THE LATE RIGHT HONOURABLE RICHARD LALOR SHEIL EDITED, WITH NOTES, BY M. W. SAVAGE, ESQ. IN TWO VOLUMES. VOL. I. LONDON : PUBLISHED FOR HENEY COLBUEN, BY HIS SUCCESSORS, HURST & BLACKETT, 13, GREAT MARLBOROUGH STREET. 1855. PRINTED BY HARRISON AND SONS, LONDON GAZETTE OFFICE, 8 . MARTIN'S LANE. PREFACE BY THE EDITOR. THESE volumes consist of the principal contributions of the late Mr. SHEIL to the "New Monthly Maga- zine/' at a period when that periodical, edited by THOMAS CAMPBELL, was particularly distinguished by the interest and brilliancy of its articles. The Sketches of the Celebrities of the Irish Bar attracted much attention at the time, and were admired, wherever they were read, as well for their fidelity as portraitures, as for the spirit and elegance with which they were written. The intrinsic merit of the Papers would have been sufficient of itself to justify the republication of a care- ful selection from them; but the press of New York hav- ing recently issued a promiscuous collection of them, the proprietor of the copyright felt that it was a matter of duty not only to himself, but to the Authors of the IV PREFACE. Papers, to present them to the public in a correct and authentic form. The project of the Sketches did not originate with Mr. SHEIL; the idea was first suggested by his friend Mr. WILLIAM HENRY CURRAN, who commenced the series with a character of the late LORD PLUNKET, and in numerous other papers largely contributed to the success of the design. Notwithstanding this fact, the American publisher has not only confounded Mr. SHEIL'S contributions with Mr. CURRAN'S, assign- ing the whole to the pen of the former, but has had the assurance to pretend in his preface that a com- pilation so discreditable was undertaken with the approbation and authority of Mr. SHEIL himself. It must also be observed, that in the American edition, the most palpable mistakes of the press in the original Papers are religiously preserved and re- peated; and the errors in the classical quotations (those everlasting stumbling-blocks of printers) are copied with scrupulous nicety. We are informed, in a cautious note, that by "Goethe's Metempsyphiles," may possibly have been intended " Goethe's Mephisto- philes." A slip of the pen so obvious as " the Chorus of Apothecaries in Moliere's Bourgeois Gentilhomme," remains uncorrected. In one place, CHARLES BUTLER, the lawyer, is confounded with ALBAN BUTLER, the PREFACE. !r divine, and affirmed to be the author of the " Lives of the Saints." In another the late EARL GREY is repre- sented, in the year 1825, as still overwhelmed with sorrow for the death of Mr. Fox ; in short, there is no end to the blunders and absurdities with which the publication abounds. Mr. SHEII/S papers, here reprinted, naturally sub- divide themselves into the Sketches of the Bar and articles illustrative of the Author's political career. In selecting and arranging the materials, the Editor has thought it desirable to subjoin a few occasional notes, for the most part explanatory of allusions to local occurrences, or circumstances which the lapse of time has involved in obscurity. In a few instances, where the subject seemed too minute and trivial to be either entertaining or instructive to the public at the present day, a Paper has been omitted ; and the Editor has exercised the same discretion in one or two other cases, where he could not but feel that the Author himself, if living, would have decidedly objected to republication, as an unbecoming revival of personalities, which would no longer find a justification or excuse in the conflicting interests and excited passions of the hour. The date of the appearance of each Paper has been carefully given; and the Author's notes, of which, how- yi PREFACE. ever, not more than two or three will be found in the course of the work, are distinguished from the Editor's by the letter A affixed to them. When the Sketches of the Irish Bar first appeared, they purported (for reasons no longer existing) to be written by an Englishman, who had visited Ireland. This is mentioned here, solely in order to prevent any perplexity to the reader, in the occasional passages, throughout the series, in which this assumed character of the writer is indicated. CONTENTS THE FIRST VOLUME. LEGAL SKETCHES. PAGE MR. BUSHB .... .... 3 MR. SAURIN 41 MR. JOY 65 LORD NORBURY .... 85 THE CATHOLIC BAR 119 MR. BELLEW 143 MR, O'LOGHLEN 157 MR. LESLIE FOSTER AND THE LOUTH ] > 167 ELECTION OP 1826 .. .... J MR. LESLIE FOSTER, AS A BABMSTBB,' SCHOLAB, AND COMMISSIONER OF EDU- \ 183 CATION viii CONTENTS. PAGE CALAMITIES OP THE BAR 197 DIARY OF A BARRISTER 229 BURNING OF THE SHEAS 253 FAREWELL OF LORD MANNERS 275 THE MURDER OF HOLYCROSS 287 OBSERVATIONS ON AGRARIAN CRIME 317 NOTES UPON CIRCUIT.... , 329 POLITICAL SKETCHES. STATE OF PARTIES IN DUBLIN 365 STATE OF PARTIES IN DUBLIN 393 SKETCHES OF THE BAB. VOL. I. SKETCHES OF THE BAR MR. B U S H E. [OCTOBEE, 1822.] MR. BUSHE is the son of a clergyman of the Estab- lished Church, who resided at Kilmurry, in the county of Kilkenny, in the midst of the most elegant and most accomplished society in Ireland. He was in the enjoy- ment of a lucrative living, and being of an ancient family, which had established itself in Ireland in the reign of Charles the Second, he thought it incumbent upon him to live upon a scale of expenditure more con- sistent with Irish notions of dignity than with English maxims of economy and good sense. He was a man of refined manners, and of polished if not prudential habits. His son Charles imbibed from him an ardent love of literature, and had an opportunity, from his familiar intercourse with the best company in the king- dom, to acquire those graces of manner which render him a model of elegance in private life, and which, in the discharge of professional business, impart such a B 2 4 SKETCHES OF THE BAR. dignified suavity to his demeanour as to charm the senses before the understanding is addressed. His mother was the sister of Major-General Sir John Doyle, and is said to have been a highly cultivated woman. Mr. Bushe received his education in the University of Dublin, and, I may add, in the Historical Society, which was established by the students for the culti- vation of eloquence and of the arts which are connected with it. Although it derived its appellation from the study of history, to which it was nominally dedicated, the political situation of the country speedily directed its pursuits to the acquisition of the faculty of public speech; through which every man of talent expected to rise into eminence, at a period when oratory was the great staple commodity in the intellectual market. This institution rose of its own accord out of the spontaneous ambition of the students of the University. So far from assisting its growth, the fellows of the college employed every expedient to repress it. Their own monastic habits made them look with distaste upon an establishment whose pursuits were so widely at variance with their own tastes ; and they were as much at a loss to discover the use of oratory, as the professor at Louvain to find out the benefit of Greek. They uni- formly endeavoured to counteract the society, upon a variety of pretences ; but their chief motive of oppo- sition appears to have arisen from the liberality of the sentiments which were inculcated in the discussions which took place at the weekly meetings of the insti- tution. They observed that toleration had become a prevalent doctrine in the college : this they justly attri- buted to that diffusion of truth which of necessity ME. BUSHE. 5 attends its investigation: and saw that the genius of Orangeism, which had so long found a secure asylum within their cloisters, had been disturbed in the place of its favourite abode. In the true spirit of monks (and however they may differ in the forms of their faith, in their habits, and in the practical results in which their principles are illus- trated and embodied, the monks of all religions are inveterately the same), the Superiors of the University took the society under their baneful protection. They attempted to hug it to death in their rugged and hirsute embrace. The students, however, soon became aware of the real objects of their interference, and were com- pelled, in order to preserve the institution from the consequences of so impure a connection, to recede from the University, and hold their meetings beyond its walls. This was a step inconsistent with the discipline which ought to be maintained in every establishment for the education of youth ; but any violation of pro- priety which it involved, may justly be laid to the charge of the superiors of the college, by whom it was provoked.* Mr. Bushe had been recently called to the Bar, but had not yet devoted himself to its severer studies with the strenuous assiduity which is necessary for success in so laborious a profession. But the fame which he had acquired in the society itself, induced its rebellious members to apply to him to pronounce a speech at the close of the first session which was held beyond the * Mr. Shell was himself a distinguished member of the society in question, in the second phase of its existence; he frequently obtained its medals for oratory and composition, especially the latter. See an article on the subject in the Irish Quarterly Review for last September. 6 SKETCHES OF THE BAR. precincts of the college, for the purpose of giving the dignity and importance to their proceedings which they expected to derive from the sanction of his distinguished name. Mr. Bushe acceded to the request, and pro- nounced a very eloquent oration, which Mr. Phillips has, 1 observe, inserted in his collection of " Specimens of Irish Oratory." It is remarkable for purity and simplicity of style, and for an argumentative tone, which in so young a man, who had hitherto exercised himself upon topics which invited a puerile declamation, and the discussion of which was a mere mockery of debate, afforded grounds for anticipating that peculiar excellence which he afterwards attained. A few meta- phors are interspersed, but they are not of the ordinary class of Irish illustration ; and what was unavoidable in an assembly composed of insurgent students, an hyperbole is occasionally to be found in the course of this very judicious speech. But, taken as a whole, it bears the character of the mature production of a vigorous mind, rather than of the prolusion of a juvenile rhetorician.* * Mr. Grattan, who heard Mr. Bushe speak in the Historical Society, said, "he spoke with the lips of an angel." See Lord Brougham's Statesmen of the Reign of George the Fourth, where he thus pro- nounces judgment on Mr. Bushe's eloquence : " His merit as a speaker WES of the highest description. His power of narration has not per- haps been equalled. Perfect simplicity, but united with elegance; a lucid arrangement and unbroken connection of all the facts ; the constant introduction of the most picturesque expressions, but never as ornaments: these, the great qualities of narration, accomplish its great end and pur- pose ; they place the story or the scene before the hearer or the reader, M if be witnessed the reality. It is unnecessary to add that the tempe- rate and chaste and even saddened tone of the whole is unvaried and unbroken ; but such praise belongs to every part of this great speaker's oratory. The utmost that partial criticism could do to find a feult was MR. BUSHE. 7 This circumstance is a little remarkable. The pas- sion for figurative decoration was at this time at its height in Ireland. The walls of the Parliament-House resounded with dithyrambics, in which, at the same time, truth and nature were too frequently sacrificed to effect. The intellect of the country was in its in- fancy, and although it exhibited signs of athletic vigour, it was pleased with the gorgeous baubles which were held out for its entertainment. It is therefore somewhat singular that while a taste of this kind enjoyed so wide and almost universal a prevalence, Mr. Bushe should, at so early a period of his profes- sional life, have manifested a sense of its imperfections, and have traced out for himself a course so different from that which had been pursued by men whose genius had invested their vices with so much alluring splendour. This circumstance is partly, perhaps, to be attributed to the strong instinct of propriety which was born with his mind, and, in some degree, to his having passed a considerable time out of Ireland, where he became conversant with models of a purer, if not of a nobler eloquence, than that which was cultivated in the sister kingdom. He lived in France for some years amongst men of letters ; and although the revo- lution had subverted, in a great degree, the principles of literature as well as of government, yet enough of relish for classical beauty and simplicity had survived, amongst men who had received the advantages of education, to furnish him with the opportunity, of which he so advantageously availed himself, of culti- to praise the suavity of the orator at the expense of his force. John Kemble described him as " the greatest actor off the stage," &c. 8 SKETCHES OF THE BAB. vating a better style of expression than he would, in all probability, have adopted had he permanently resided in Ireland. It may appear strange that I should partly attribute the eminence in oratory to which Mr. Bushe has attained, to the Historical Society, after having stated that he deviated so widely from the tone of elocution which prevailed in that establishment, and in which, if there was little of childishness, there was much of boyhood. But, with all its imperfections, it must be recollected that such an institution afforded an occasion for the practice of the art of public speaking, which is as much, perhaps, the result of practical acquisition, as it is of natural endowment. A false ambition of orna- ment might prevail in its assemblies, and admiration might be won by verbose extravagance and boisterous inanity ; but a man of genius must still have turned such an institution to account. He must have thrown out a vast quantity of ore which time and circum- stance would afterwards separate and refine. His faculties must have been put into action, and he must have learned the art, as well as tasted the delight, of stirring the hearts and exalting the minds of a large concourse of men. The physique of oratory too, if I may use the expression, must have been acquired. A just sense of the value of gesture and intonation results from the practice of public speaking; and the appreciation of their importance is necessary to their attainment. It is for these reasons that I am inclined to refer a portion of the prosperity which has accom- panied Mr. Bushe through his profession, to an institu- tion, the suppression of which, under the provostship of Doctor Ellington, has been a source of great regret MR. BUSHE. 9 to every person who had the interests of literature at heart. It was at one period expected that Doctor Magee would -have heen appointed provost; and his repeated declarations, and even remonstrances in its favour, were confidently regarded as affording a security that he would re-establish a society to which, as well as his distinguished contemporaries, he had acknowledged him- self to be deeply indebted. But, unfortunately for the interests of the college and of the country, that eminent divine has not had an opportunity of ac- complishing his desires, and of restoring an institution in which polite literature was cultivated to such an extent as to compensate for its deplorable neglect in the regular course of the University.* The reputation which Mr. Bushe had acquired among his fellow- students, attended him to his pro- fession; and in a very short period he rose into the public notice, as an advocate of distinguished abilities. It was indeed impossible that he should remain in obscurity. His genius was not of such a character as to stand in need of a great subject for its display The most trivial business furnished him with an oc- casion to produce a striking effect. There are some men who require a lofty theme for the manifestation of their powers. Their minds demand the stimulus of * Dr. Magee had just been translated from the see of Raphoe to the archbishopric of Dublin when this sketch appeared. It was not until after his advancement that he developed those traits of his character which have given him an unenviable reputation in the history of the Protestant Church in Ireland. In the subsequent papers, entitled State of Parties in Dublin, and The New Hohenloe Miracle, this eminent, or rather notorious divine, will be seen pourtrayed ha his proper colours. 10 SKETCHES OF THE BAB. high passion, and are slow and sluggish unless awakened by the excitement which great interests afford. This is peculiarly the case with Mr. Burrowes, who upon a noble topic is one of the ablest advocates of the Irish bar, but who seems oppressed by the very levity of a petty subject, and sinks under its inanity.* He is in every respect the opposite of Mr. Bushe, who could not open his lips, or raise his hand, without immediately exciting and almost captivating the attention of every man around him. There is a peculiar mellowness and deep sweetness in his voice, the lower tones of which might almost without hazard of exaggeration be compared to the most delicate notes of an organ, when touched with a fine but solemn hand. It is a voice full of manly melody. There is no touch of effeminacy about it. It possesses abundance as well as harmony, and is not more remarkable for its sweetness than its sonorous depth. His attitude and gesture are the perfection of "easy art" every movement of his body appears to be swayed and informed by a dignified and natural grace. His countenance is of the finest order of fine faces, and contains an expression of magnanimous frankness, that in the enforcement of any cause which * Mr. Peter Bnrrowes has passed away, like the greater number of distinguished Irishmen mentioned in these pages. He was a man of strenuous intellect, much original genius, and a charming simplicity and benignity of character. A member of the last Irish Parliament, he vigorously opposed the destruction of that assembly. What he was at the bar the author has briefly and accurately defined. Among other professional achievements, he displayed great energy and ability in defence of the Catholic delegates, whose prosecution by Mr. Saurin is referred to in the seqnel of this paper. For many years Mr. Burrowes filled the office of Commissioner of the Insolvent Court, and he died at a very advanced age. MR. BUSHE. 11 he undertakes to advocate, invests him with such a semblance of sincerity as to lend to his assertion of fact, or to his vindication of good principle, an irre- sistible force. It was not wonderful that he should have advanced with extreme rapidity in his profession, seconded as he was by such high advantages. It was speedily perceived that he possessed an almost com- manding influence with the jury; and he was in con- sequence employed in every case of magnitude which called for the exertion of such eminent faculties as he manifested upon every occasion in which his powers were put into requisition. Talents of so distinguished a kind could not fail to raise him into political consequence, as well as to insure his professional success. The chief object of every young man of abilities at the Bar was to obtain a seat in parliament. It secured him the applause of his country if he devoted himself to her interests ; or if he enlisted himself under the gilded banners of the minister, place, pension, and authority were the cer- tain remunerations of the profligate services which his talents enabled him to bestow upon a government which had reduced corruption into system, and was well aware that it was only by the debasement of her legislature that Ireland could be kept under its con- trol. The mind of Mr. Bushe was of too noble a cast to lend itself to purposes so uncongenial to a free and lofty spirit; and he preferred the freedom of his country and the retiibutive consciousness of the appro- bation of his own heart, to the ignominious distinctions with which the administration would have been glad to reward the dereliction of what he owed to Ireland and to himself. Accordingly we find, that Mr. Bushe threw 12 SKETCHES OF THE BAB. all the energy of his youth into opposition to a measure which he considered fatal to that greatness which Nature appeared to have intended that his country should attain; and to the last he stood among the band of patriots who offered a generous but unavailing resistance to a legislative Union with Great Britain.* However, as an Englishman I may rejoice in an event, which, if followed by Koman Catholic Emancipation, will ultimately abolish all national antipathy, and give a permanent consolidation to the empire; it cannot be fairly questioned that every native of Ireland ought to have felt that her existence as a country was at stake, and that, in place of making those advances in power, wealth, and civilization, to which her natural advantages would have inevitably led, she must of necessity sustain a declension as rapid as her progress towards improve- ment had previously been, and sink into the provincial inferiority to which she is now reduced.f This convic- tion, the justice of which has been so well exemplified * Mr. Bushc represented the borough of Donegal. He spoke but once on the question of the Union (in the debate on the 15th January), with the exception of a brief but energetic reply to the Prime Sergeant (Daly), who had hazarded some coarse remarks upon the mode of Mr. Bushe's introduction into the house. He wrote, however, as well as poke, on the popular side. Of his pamphlet entitled Cease your Funning, in reply to a manifesto from the Castle, Lord Brougham observes : " It is indeed admirably executed, and reminds the reader of the best of Dean Swift's political writings, being indeed every way worthy of his pen." t The character of an Englishman, assumed in the earliest of these essays (no doubt as a convenient mask for a greater latitude of criticism and freedom of remark), does not appeal to have been very carefully maintained in many of them, while in some it will be found to have been dropped altogether, the inconvenience of the disguise having probably been discovered by experience. MR. BUSHE. 13 by the event, prevailed through Ireland ; and it required all the seductions which the minister could employ, to produce the sentence of self-annihilation, -which he at last succeeded jn. persuading a servile legislature to pronounce. To the honour of the Irish bar, the great majority of its members were faithful to the national cause : and Curran, Plunket, Ponsonby, Saurin, Burrowes, and Bushe, accomplished all that eloquence and patriotism could effect, in opposition to the mercenaries, who had sold the dignity of their profession, as well as the inde- pendence of their country, in exchange for that ignoble station, to which by their slimy profligacies they were enabled to crawl up. Bushe was the youngest of these able and honest men ; but he was among the most con- spicuous of them all. In answer to what was urged in favour of the Union, grounded upon the necessity of employing corrupt means to govern the country as long as there were two independent legislatures, and in ridi- cule of the improvement which it was alleged that the Irish Parliament would derive from its union with that of England, he said : " The pure and incorruptible virtue of the ministers cannot bear the prospect of such corruption, and that they may not see it, they plunge into the midst of it. They are Platonists in politics ; the gross sensualities of the connection disgust them, but the pure and spiritual indulgences of the union delight them. I own I always suspect this furious virtue : the morals of prudery are always problematical. When I see this pliable patriotism declaiming with surly indignation to-day, and cringing with supple adulation to-morrow in the morning Diogenes growling in his tub, and in the evening Aris- 14 SKETCHES OP THE BAR. tippus fawning in the ante-chamber I always suspect that there is something more than meets the eye. I would ask some one of those enlarged and liberal poli- ticians, does he think that the simple executive govern- ment which is to be left in Ireland, will be an improve- ment upon our situation, and whether he knows of no method to reform the parliament, except by annihilating it ? The noble Lord (Castlereagh) may instruct him by retracing the speculations of his youthful days, and supply him with some of those plans of reform which it would not have cost him half so much trouble to carry as the extinction of parliament. But what is to be the transfiguration which is to glorify it, and how is this corruptible to put on incorruption ? It is sentenced to death. In Ireland it is to suffer the death of a felon; but its resurrection in Westminster, in the midst of angel purity and immaculate innocence, is, it seems, to compensate for the suspension of its political life. But have these high priests of the new dispensation revealed the truth to us, as to this paradise of Westminster ? Do they know the British Parliament who thus speak ? Do they think there is no borough patronage or borough representation? Do they suppose there are no place- men ? Do they conceive it a pool of Bcthesda, in which our impurities are to be cleansed ? Do they forget that this immaculate parliament, more than twenty years ago, declared by a solemn vote that the influence of the Crown had increased, was increasing, and ought to be diminished? Do they forget that the present prime minister declared eighteen years ago, that unless that assembly was radically reformed, the empire was lost ? Do they know that it has never been reformed since ? and do they think that one hundred Irish transplanta- MR. BUSHE. 15 tions will reform it ? Have they ever considered that there ministerial influence predominates so effectually, that the opposition has seceded in despair ? Have they ever visited this exhibition of pure representation? Have they ever looked at Mr. Pitt governing that assembly by his nod, and scarcely concealing his own actual despotism with the forms of the constitution ?" In this strenuous resistance which was offered by the respectable portion of the Irish Bar to the measure which deprived Ireland of the advantages of a local legislature, a consciousness of deep personal interest must have been mingled with their public virtue; for it was not difficult to foresee that the profession from which the government was compelled to make the selection of its parliamentary advocates, and to which the country looked for its ablest support, must sustain a fatal injury, from the deprivation of the opportunities of venality upon one hand, and of profitable patriotism upon the other. The House of Commons was the field to which almost every lawyer of abilities directed his hopes of eminence rather than to the courts of law; and it must be acknowledged, that with that field the career to high fame is closed upon the profession. Money may now be made in equal abundance by laborious ability (and indeed the quantity of talent and of industry at the Irish Bar demand in every individual who aims at important success a combination of both) ; but no very valuable reputation can be obtained. Perhaps in the estimate of black-letter erudition the change is not to be deplored : and unquestionably the knowledge of law (for a few years ago the majority of barristers in full practice were ignorant of its elementary principles) has considerably increased, and English habits of busi- 16 SKETCHES OF THE BAR. ness and of diligence are gradually beginning to appear. But the elevated objects of ambition, worthy of great faculties and of great minds, were withdrawn for ever. Mr. Bushe must have repined at the prospect. He would naturally have sought for mines of gold amidst the heights of fame, and he was now reduced to the necessity of digging for it in an obscure and dreary level. It is well known that Mr. Plunket had at the time entertained the intention of going to the English Bar, in consequence of the exportation of the legisla- ture ; but the cautious timidity of his advisers induced him to abandon the idea. I am not aware whether Mr. Bushe had ever proposed to himself an abandon- ment of a country, from which true genius must have been tempted to become an absentee. But it is likely that his pecuniary circumstances, which in consequence of his spontaneous generosity in paying off his father's debts (his own sense of duty had rendered them debts of honour in his mind) were at this period extremely contracted, must have prevented him from engaging in so adventurous an enterprise. To him individually, however, if the Union was accompanied with many evils, it was also attended with countervailing benefits. Had the Irish Parliament been permitted to exist, Mr. Bushe would, in all pro- bability, have continued in opposition to the govern- ment, upon questions to which much importance would have been annexed. Catholic emancipation, which is now not only innocent, but in the mind of almost every enlightened man has become indispensable, would have been regarded as pregnant with danger to the state. Mr. Bushe, I am satisfied, could never have brought himself to resist what his own instincts must have MR. BUSHE. 17 taught him to be due to that justice which he would have considered as paramount to expediency. Many obstacles would have stood iu the way of a sincere reconciliation with the government, and he could not afford to play the part of Fabricius. Whether the argu- ments which Lord Castlereagh knew so well how to apply, and before which, in the estimate of the House of Commons, all the eloquence of Grattan was reduced into a magnificent evaporation, would have prevailed upon Mr. Bushe, as they did with the majority of the Irish members, it is unnecessary to conjecture ; but un- questionably had not the Union passed, he must have abandoned his political opinions before he could have been raised to office. When, however, that measure was carried, a compromise became easy, and was not, in my opinion, dishonourable. Accordingly, although he had opposed the government on the measure which they had most at heart, their just sense of his talents induced them to offer him the place of Solicitor- General, to which he was promoted in thirteen years after he had been called to the Bar.* That office he has since held, and rendered the most important services to the minister, without perhaps, at the same time, ever having been guilty of any dereliction of his former opinions. He was placed indeed in rather an embarrassing * By the Government of Lord Hardwicke, in 1805. The Attorney- General was Mr. Plunket. Both retained their offices under the "Talents" administration, 1806-7. On the breaking up of that short- lived ministry, Mr. Plunket retired ; but Mr. Bushe, as colleague to Mr. Saurin, continued to hold the place of Solicitor-General until Lord Wellesley came to Ireland in 1822, when he was raised to the Chief- Justiceship of the King's Bench. He was promoted in the interval between the writing and publishing of this sketch, as appears by the note appended to it by the author. VOL. I. C 18 SKETCHES OF THE BAR. position ; for his associate, or rather his superintendent in office, Mr. Saurin, was conspicuous for his hatred to the Roman Catholic cause, of which Mr. Bushe had been, and still professed himself, the earnest friend. This' antipathy to the Roman Catholics formed the lead- ing, I may say the only feature, in the political cha- racter of Saurin, who had simplified the theory of Government in Ireland, by almost making its perfec- tion consist in the oppression of a majority of its people. Bushe, on the other hand, had often declared, that he considered the general degradation of so large a class of the community as incompatible with national felicity. This difference of opinion is said to have produced a want of cordiality between the two servants of the Crown ; Bushe, however, with all his liberality of feel- ing (and I have no doubt that his professions were en- tirely sincere), was of infinitely more use to the Govern- ment than Saurin could possibly have been, when the suppression of the Roman Catholic Board was resolved upon. The latter, upon the trial of the delegates exhibited a sombre virulence, which was calculated to excite wonder rather than conviction. Its gloomy animosity was without a ray of eloquence. But the Solicitor-General produced a very different effect. He stood before the jury as the advocate of the Catholic cause, to suppress the Roman Catholic Board. The members of that body had been designated as mis- creants by Mr. Saurin (that learned gentleman appears to be averse to any circumlocutory form of phrase) ; the Solicitor-General called them his friends. With a consummate wile he professed himself the champion of the people, and put forth all his ardour in insisting upon the necessity of concession to six millions of men. To MR. BTJSHE. 19 the utterance of these sentiments, which astonished Mr. Saurin, he annexed the full power of his wonderful delivery. His countenance became inflamed ; his voice assumed all the varieties of its most impassioned intona- tion ; and his person was informed and almost elevated by the consciousness of the noble thoughts which he was enforcing, for the purpose of investing the very fallacies which he intended to inculcate with the splendid semblances of truth. After having wrought his hearers to a species of enthusiasm, and alarmed the Attorney-General by declaring, with an attitude almost as noble as the sentiment which it was intended to set off, that he would throw the constitution to his Catholic countrymen as widely open as his own breast, he sud- denly turned back, and after one of those pauses, the effect of which can be felt by those only who have been present upon such occasions, in the name of those very principles of justice which he had so powerfully laid down, he implored the jury to suppress an institution in the country, which he asserted to be, the greatest obstacle to the success of that measure, for the attain- ment of which it had been ostensibly established.* * A further account of these trials, which caused great sensation at the time, will be found in the historical notice by Mr. Sheil of the Catholic Leaders and Associations. As a specimen of Mr. Bushe's eloquence, the following passage from his speech in the case of Sheridan, one of the delegates, may not be unacceptable in this place. The pro- ceedings were ably reported by Mr. Hatchell, the late Attorney-General for Ireland : " It has been clamourously urged that the Government has declared war against the subject's right of petitioning, which it is insisted is illimitable ; like the freedom of the press, not subject to previous restraint, and only controllable for subsequent excess. This is a most mistaken view of the Constitution ; there is no such principle known to our Con- stitution as those illimitable rights. It exists by its restraints, its controls, its checks and balances. It is new and unconstitutional doctrine c 2 20 SKETCHES OF THE BAR. The eloquence of Mr. Bushe, assisted by certain contrivances behind the scenes, to which government is, in Dublin, occasionally obliged to resort,, produced the intended effect. I doubt not that a jury so properly compounded (the panel of which, if not suggested, was at least revised) would have given a verdict for the crown, although Mr. Bushe had never addressed them. But the government stood in need of something more than to talk of the unrestrained rights of the people. What is that most precious right of the people of these countries, the right which the Catholic Committee is about to usurp ? The right of representation ; that which distinguishes us from all the nations of the earth. Is it unrestrained ? Was it ever uncontrolled ? The rights and qualifications of electors are measured by property, situation, and independence. The title to elect must be ascertained by registry and identified by record. The capacity is confined, the law of election is complicated, and a special tribunal is appointed to administer it. When the senate is convened, the members are under the control of the speaker. Their very privilege of speech is definite, and their duration depends upon the king, who can prorogue or dissolve them. Compare this right of representation with that claimed by the Catholic Committee, and in the contrast behold the wisdom of the Convention Act and the necessity of these prosecutions. If the legitimate parliament were to be assembled as this Committee has been, the Constitution would not survive the first election. Can it be the constitution or the law, that what is denied to the Parliament shall be allowed to a committee, and all the evils of democracy let loose upon the state universal suffrage, promiscuous eligibility, and indiscriminate representation ? Suppose this extraordinary meeting to assemble, who is to control them ? Who is their Speaker ? Who their Serjeant-at- arms ? If in such an assembly, a rash young man, inflamed by debate, should eulogize and hold up to respect the rebels of 1798 as patriots and martyrs, who is there to call him to order ? Compare such a constitu- tion with the established authorities of the land all controlled, confined to their respective spheres, balancing and gravitating to each other, all symmetry, all order, all harmony. Behold on the other hand this prodigy in the political hemisphere, with eccentric course and portentous glare, disclaiming any orbit, disturbing the system, and affrighting the world." ME. BUSHE. 21 a mere verdict. It was necessary to give plausibility to their proceedings, and they found it in the oratory of this distinguished advocate. Is it not a little surprising that Mr. Bushe should, in despite of the vigour of his exer- tions against the Catholic Board, and their success, have still retained his popularity ? It would be natural that such services as he conferred upon the ministry, which appeared so much at variance with the interests, and in which he acted a part so diametrically in oppo- sition to the passions, of the people, should have gene- rated a feeling of antipathy against him. But the event was otherwise. He had previously ingratiated himself so much in the general liking, and so liberal an allow- ance was made for the urgency of the circumstances in- which he was placed, that he retained the favour not only of the better classes among the Roman Catholics, but did not lose the partialities of the populace itself. At all events, the benefits he rendered to the government were most material, and gave him the strongest claims upon their gratitude. Another remarkable instance occurred not very long ago, of the value of such a man to the Irish adminis- tration, and it is the more deserving of mention, as it is connected with circumstances which have excited no inconsiderable interest in the House of Commons, and brought Mr. Plunket and his rival into an immediate and honourable competition. I allude to the case of the Chief Baron O'Grady, when he set up a claim to nominate to the office of Clerk of the Pleas in the Court of Exchequer in Ireland. The prize for which the learned Judge was adventuring was a great one, and well worth the daring experiment for which he exposed himself to the permanent indignation of the 22 SKETCHES OF THE BAR. government. The salary of the office was to be counted by thousands, and the Chief Baron thought that it would be as conducive to the public interests; and as consistent with the pure administration of justice, that he should appoint one of his own family to fill the vacancy which had occurred, as that the local ministry of Ire- land should make the appointment. The matter Avas brought before Parliament ; and much was said, though I think unjustly, upon the ambitious cupidity of his pretensions. The right of nomination was made the subject of legal proceedings by the Crown, and the Attorney- General, Mr. Saurin, thought proper to con- trovert the claims of the Chief Baron in the shape of a Quo warranto, which was considered a harsh and vexa- tious course by the friends of the learned Judge, in order to ascertain the naked question of right. The latter secured Mr. Plunket as his advocate. He had been his early friend, and had contributed, it was said, to raise him to the place of Solicitor when he was himself appointed to that of Attorney- General, and had lived with him upon terms of the most familiar intercourse. It was stated, but I cannot answer for the truth of the general report, that he sent him a fee of three hundred pounds, which Mr. Plunket returned, but which the Chief Baron's knowledge of human nature (and no man is more deeply read in it) insisted upon his accepting partly perhaps because he did not wish to be encumbered with an unremunerated obligation, and no doubt also because he was convinced, as every lawyer is by his professional experience, that the greatest talents stand in need of a pecuniary excitation, and that the emotions of friendship must be stimulated by that sense of duty which is imposed by the actual perception of ME. BUSHE. 23 gold. I am sure that Mr. Plunket would have strained his mind to the utmost pitch, without this additional incentive, upon behalf of his learned friend; but still the Chief Baron exhibited his accustomed sagacity, in insisting upon the payment of a fee. This was a great cause. The best talents at the Bar were arrayed upon both sides. The issue was one of the highest importance, and to which the legislature looked forward with anxiety. The character of one of the chief judges of the land was in some degree at stake, as well as the claims which he had so enterpris- ingly advanced; and every circumstance conspired to impart an interest to the proceedings, which does not frequently arise. Mr. Saurin stated the case for th& crown with his usual solemnity and deliberation, and with that accuracy and simplicity which render him so valuable an advocate in a court of equity. He was followed by Mr. Plunket. One is apt to think that " an ancient grudge," or at least a rivalry, akin to it, must have subsisted between them. Saurin had suc- ceeded to the office of Attorney-General upon the resig- nation of Mr. Plunket, when, as it was understood at the time, he relinquished his place at the express desire of the Grenville party. He could not but feel some emotions of regret analogous to the corrosions of jealousy, when he saw the golden harvest which he might have reaped, accumulating for fifteen years in the granary of another. It is also likely that he entered warmly into the feelings of his client, and thought that an unfair mode of proceeding had been adopted in his regard. But from whatever cause or motive it might have 24 SKETCHES OF THE BAR. arisen, he exhibited in his reply that fierce spirit of sarcasm which he has not yet fully displayed in the House of Commons, though it is one of the principal ingredients in his eloquence.* His metaphors are generally sneers, and his flowers of speech are the aconite in full blow. He did not omit the opportunity of falling upon his political antagonist, in whom he left many a scar, which, though half-healed, are visible to the present day. His oration was as much a satire as an argument, and exhibited in their perfection the various attributes of his mind. The impression which he left upon the Court was deep, but that which was made upon the mind of Mr. Saurin was more lasting. Plunket protested that he meant him no offence ; but Saurin felt a poignant resentment at what he considered an affront, and, until very recently, all interchange of ordinary salutation ceased between them. Bushe, as Solicitor- General, had to reply, and he felt the importance of the occasion, and the magnitude of the task ; but he also felt the inspiring consciousness of his equality to its discharge. Plunket was his inti- mate friend, and they both admired and esteemed each other. The competition between Saurin and Plunket was that of power, while that between Plunket and Bushe was the more exalted and generous rivalry of mind. But the latter was sensible that, holding an important office under the Crown, and being bound to * In the debates on Irish Affairs in 1821, Mr. Sheil might have found a striking display of Mr. Plnnket's powers of sarcasm, to the exercise of which he was provoked by the ultramontane bigotry of Dr. Milner, the celebrated Catholic polemic of the day. Mr. Plnnket's castigation of Mr. Charles Brownlow, another most successful invective, was in the Session of 1824, after this article was written. ME. BUSHE. 25 assert its rights, and to protect and vindicate his col- league, it was necessary that he should use little for- bearance in his retaliation. His oratorical ambition, too, was in all probability powerfully excited by the sentiment of emulation, and he accordingly exerted all the resources of his intellect in the contest. His speech was a masterpiece ; and in the general opinion, in those parts of it which principally consisted of declamatory vituperation, he won the palm from his competitor. He was pure, lofty, dignified, and generously impas- sioned. If his reasoning was not so subtle and con- densed, it was more guileless and persuasive, and his delivery far more impressive and of a higher and more commanding tone. A very accurate and cold-blooded observer would have perceived, perhaps, in the speech of Mr. Plunket a deeper current of thought and a more vigorous and comprehensive intellect; but the great proportion of a large assembly would have pre- ferred the eloquence of Bushe. The true value of it cannot be justly estimated by any particular quotations, as the chief merit of all his speeches consists in the unity and proportion of the whole, rather than the beauty and perfection of the details. The great reputation obtained by Mr. Plunket in the House of Commons, and which has given him a sway so much more important, and a station so much more valu- able than any professional elevation, no matter how ex- alted, can bestow, must have often excited in the mind of Mr. Bushe, as well as in his admirers, a feeling of regret that he did not offer himself as a candidate for a seat in the Imperial Parliament. It has frequently been a subject of disquisition, whether he would not 26 SKETCHES OF THE BAR. have been equal to the most eloquent of the Irish members perhaps the ablest man in the whole House ; and he has been repeatedly urged, both by Government and his own immediate friends, to make the experiment. A certain spirit of prudence, which in a person so endowed borders on timidity, and the apprehension that his business at the Bar might be affected by the necessity of attending the House of Commons, induced him to resist all the precarious allurements of fame held out by a prospect which he justly, perhaps, con- sidered less golden than bright. Upon a recent occa- sion, however, he was upon the point of engaging in this new career the only one, perhaps, which can be regarded as worthy of his abilities. Upon the death of Mr. Grattan, which produced a vacancy in the representation of Dublin, he was solicited to stand for that city. There can be little doubt that even the Orangemen of the Corporation, wedded as they are with such inveterate tenacity to opinions so different from the political sentiments of Mr. Bushe, would, from a feeling of national pride, in which with a some- what singular inconsistency they occasionally indulge, have united with the Roman Catholics in his support, and that he would have been returned without a con- test. But the ambition of Mr. Bushe yielded to the reverence which he cherished for the memory of the illustrious person whom he was solicited to succeed, and accordingly he declined putting himself into com- petition with the son of Henry Grattan. This noble sacrifice at the grave of his departed friend was an unavailing one : the worthy corporators of Dublin selected a person in every respect well qualified to repre- ME. BUSHE. 27 sent both their principles and understandings, and the mantle of the great patriot dropped from the chariot of his fame upon the shoulders of Master Ellis.* It is the opinion of all those who have had the opportunity of hearing Mr. Bushe, that he would have made a very great figure in the English House of Commons ; and for the purpose of enabling those who have not heard him to form an estimate of the likeli- hood of his success in that assembly, and of the frame and character of his eloquence, a general delineation of this accomplished advocate may not be inappropriate. The first circumstance which offers itself to the mind of any man who recalls the recollection of Bushe, in order to furnish a description of his rhetorical attri-v butes, is his delivery. In bringing the remembrance of other speakers of eminence to my contemplation, their several faculties and endowments present them- selves in a different order, according to the proportions of excellence to each other which they respectively bear. In thinking, for example, of Mr. Fox, the torrent of his vehement and overwhelming logic is first before me; if I should pass to his celebrated antagonist, I repose upon the majesty of his am- plification. The wit of Sheridan, the blazing ima- gination and the fantastic drollery of Curran, the forensic and simple vigour of Erskine, and the rapid, versatile, and incessant intensity of Plunket are the first associations which connect themselves with their respective names. But there is no one peculiar faculty of mind which suggests itself in the first instance as * See the paper entitled " The Tabinet Ball," among the sketches in Volume II. 28 SKETCHES OF THE BAR. the characteristic of Mr. Bushe, and which presses into the van of his qualifications as a public speaker. The corporeal image of the man himself is brought at once into the memory. I do not think of any one distin- guishing attribute in the shape of a single intellectual abstraction it is a picture that I have before me. There is a certain rhetorical heroism in the expres- sion of his countenance, when enlightened and inflamed, which I have not witnessed in the faces of other men, The phrase may, perhaps, appear too extravagant and Irish; but those who have his physiognomy in their recollection will not think that the word is inappli- cable. The complexion is too sanguineous and ruddy, but has no murkiness or impurity in its flush; it is indicative of great fulness, but at the same time of great vigour of temperament. The forehead is more lofty than expansive, and suggests itself to be the residence of an elevated rather than of a comprehensive mind. It is not so much the " dome of thought," as "the palace of the soul." It has none of the deep furrows and intellectual indentures which are observ- able in the forehead of Plunket, but is smooth, polished, and marble. The eyes are large, globular, and blue; extremely animated with idea, but without any of that diffusive irradiation which belongs to the expression of genius. They are filled with a serene light, but have not much brilliancy or fire. The mind within them seems, how- ever, to be all activity and life, and to combine a singular mixture of intensity and deliberation. The nose is lightly arched, and with sufficient breadth of the nostrils (which physiognomists consider as a type MR. BUSHE. 29 of eloquence) to furnish the associations of daring and of power, and terminates with a delicacy and chiseled elegance of proportion, in which it is easy to discover the polished irony and refined satire in which he is accustomed to indulge. But the mouth is the most remarkable feature in his countenance ; it is endowed with the greatest variety of sentiment, and contains a rare assemblage of oratorical qualities. It is characteristic of force, firmness, and precision, and is at once affable and commanding, proud and kind, tender and impassioned, accurate and vehement, generous and sarcastic, and is capable of the most conciliating softness and the most impetuous ire. Yet there is something artificial about it from a lurking consciousness of its own expression. Its smile is the great instrument of its effects, but appears to be too systematic; yet it is susceptible of the nicest gradations; it merely flashes and disappears, or, in practised obedience to the will, streams over the whole countenance in a broad and permanent illumination : at one moment it just passes over the lips, and dies at the instant of its birth ; and at another bursts out in an exuberant and overflowing joyousness, and seems caught in the fulness of its hilarity from the face of Comus himself. But it is to satire that it is principally and most effectually applied. It is the glitter of the poisoned sneer that is levelled at the heart. The man who is gifted with these powers of physiognomy is, naturally enough, almost too prodigal of their use : and a person who watched Mr. Bushe would perceive that he fre- quently employed the abundant resources of his coun- 30 SKETCHES OF THE BAR. tenance instead of the riches of his mind. With him, indeed, a look is often sufficient for all purposes : it Conveys a libel in a frown, And winks a reputation down. There is a gentleman at the Irish Bar, Mr. Henry Deane Grady, one of whose eyes he has himself desig- nated as "his jury eye;" and, indeed, from his fre- quent application of its ludicrous qualifications, which the learned gentleman often substitutes in the place of argument, even where argument might be obviously employed, it has acquired a sort of professional distor- tion, of which he appears to be somewhat singularly proud. Mr. Bushe does not, it is true, rely so much upon this species of ocular logic ; but even he, with all his good taste, carries it to an extreme. It never amounts to the buffoonery of the old school of Irish barristers, who were addicted to a strange compound of tragedy and farce; but still it is vicious from its excess. The port and attitude of Mr. Bushe are as well suited to the purposes of impressiveness as his coun- tenance and its expression. His form, indeed, is rather too corpulent and heavy, and if it were not concealed in a great degree by his gown, would be considered ungainly and inelegant. His stature is not above the middle size ; but his chest is wide and expansive, and lends to his figure an aspect of sedateness and strength. In describing the ablest of his infernal senate, Milton has particularly mentioned the breadth of his " Atlantean shoulders." The same circumstance is specified by Homer in his picture of Ulysses ; and however many speakers of eminence have overcome the disadvantages ME. BUSHE. 31 of a weak and slender configuration, it cannot be doubted that we associate with dignity and wisdom an accompaniment of massiveness and power. His gesture is of the first order. It is finished and rounded with that perfect care which the orators of antiquity bestowed upon the external graces of eloquence, and is an illustration of the justice of the observation made by the master of them all, that action was not only the chief ingredient, but almost the exclusive constituent of excellence in his miraculous art. There is unquestionably much of that native elegance about it, which is to the body what fancy and imagination are to the mind, and which no efforts of the most laborious diligence can acquire. But the heightening and additions of deep study are apparent. The most minute particulars are attended to. So far indeed has an observance of effect been carried, that in serious obedience to the ironical precept of the satirist, he wears a large gold ring, which is frequently and osten- tatiously displayed upon his weighty and commanding hand. But it is the voice of this fine speaker, which contains the master-spell of his perfections. I have already mentioned its extraordinary attributes, and indeed it must be actually heard in order to form any appreciation of its effects. It must be acknowledged by the admirers of Mr. Bushe that his delivery constitutes his chief merit as an advocate, for his other powers, however consider- able, do not keep pace with it. His style and diction are remarkably perspicuous and clear, but are deficient in depth. He has a remarkable facility in the use of simple and unelaborated expression, and every word 32 SKETCHES OP THE BAR. drops of its own accord into that part of the sentence to which it most properly belongs. The most accurate ear conld not easily detect a single harshness, or one inharmonious concurrence of sounds in the course of his longest and least premeditated speech. But at the same time, there is some want of power in his phrase- ology, which is not either very original or picturesque. He indulges little in his imagination, from a dread, perhaps, of falling into those errors to which his countrymen are so prone, by adventuring upon the heights which overhang them. But I am at the same time inclined to suspect that nature has not conferred that faculty in great excellence upon him : an occa- sional flash gleams for a moment over his thoughts, but it is less the lightning of the imagination than the warm exhalation of a serene and meteoric fancy. Curran, with all his imperfections, would frequently redeem the obscurity of his language by a single expression, that threw a wide and piercing illumination far around him, and left a track of splendour upon the memory of his audience which was slow to pass away ; but, if Bushe has avoided the defects into which the ambition and enthusiasm of Curran were accustomed to hurry him, he has not approached him in richness of diction, or in that elevation of thought, to which that great speaker had the power of raising his hearers with himself. He was often " led astray," but it was "by light from heaven." On the other hand, the more level and subdued cast of thinking and of phrase which have been adopted by Mr. Bushe, are better suited to cases of daily occurrence ; and I own that I should prefer him for my advocate in any transaction ME. BUSHE. 33 which required the art of exposition, and the elucida- ting quality which is so important in the conduct of ordinary affairs. He has the power of simplifying in the highest degree. He evolves with a surprising facility the most intricate facts from the most embarrassing complication, and reduces in a moment a chaotic heap of incongruous materials into symmetry and order. In what is called "the narration" in discourses upon rhetorick, his talent is of the first rank. He clarifies and methodises every topic upon which he dwells, and makes the obscurest subject perspicuous aud transparent to the dullest mind. The name of Charles Kendal Bushe is not so exten- sively known as that of Plunket beyond the imme- diate field in which his talents have been displpyed. But in Ireland it is almost uniformly associated with that of Plunket, by those who descant upon the comparative merits of their most distinguished advo- cates. The latter is 'better fitted to the transac- tions of ordinary business, and,, in a profession which is generally conversant with the details of common life, exhibits a dexterity and astuteness which render him the most practical, and 'therefore the ablest, man at the Bar. He is always upon a level with his subject, and puts forth his faculties, as if they were as subservient as his limbs to the dominion of his will, in the most precise and minute adaptation to the purposes for which they may happen to be required. The self- control which his mind possesses in so high and rare a degree (and it is more difficult, perhaps, to men of true genius to descend from their native elevation, than to VOL. T. P 34 SKETCHES OP THE BAR. persons of inferior endowments to raise their faculties to the height of a " great argument") has given him an almost undisputed mastery in the discussion of those topics which constitute the habitual business of the Bar. His hearers are not conscious that he is in reality exercising his great powers while he addresses them in the plainest speech, and apparently in the most homely way. But an acute observer would discover that his reasonings upon the most vulgar topic were the per- fection of art, and that under the guise of simplicity, he concealed the most insidious sophistry, and subtleties the most acute. This seeming ingenuousness is the consummation of forensic ability; and however it is to be estimated in a moral point of view, there can be no doubt that at the Bar it is of incalculable use. Mr. Plunket is the chief sophist, and for that reason the most useful disputant, in his profession; and it must be confessed that the deliberations of a court of justice do not call so much for the display of eloquence as for the ingenious exercise of the powers of disputation. The ingenuity of Bushe is too apparent. His angling is light and delicate ; but the fly is too highly coloured, and the hook glitters in the sun. In the higher depart- ments of oratory he is, perhaps, equal and occasionally superior to Mr. Plunket, from the power and energy of his incomparable manner; but in the discharge of common business in a common way, he holds a second, though not exceedingly distant place. His wit is perfectly gentlemanlike and pure. It is not so vehement and sarcastic as that of Plunket, nor does it grope for pearls, like the imagination of Curran, in the midst of foulness and ordure. It is full of MR. BUSHE. 35. smooth mockery and playfulness, and dallies with its victim with a sort of feline elegance and grace. But its gripe is not the less deadly for its procrastination. His wit has more of the qualities of raillery than of imagination. He does not accumulate grotesque images together, or surprise by the distance of the objects between which he discovers an analogy. He has nothing of that spirit of whim which pervaded the oratory of Curran, and made his mind appear at moments like a transmigration of Hogarth. Were a grossly ludicrous 'similitude to offer itself to him, he would at once discard it, as incompatible with that chastised and subjugated ridicule in which alone he- permits himself to indulge. But from this circum- stance he draws a considerable advantage. The mirth of Curran was so broad, and the con- vulsion of laughter, which by his personations (for his delivery often bordered upon a theatrical audacity) he never failed, whenever he thought proper, to produce, disqualified his auditors and himself for the more sober investigation of truth. His transitions, therefore, were frequently too abrupt; and with all his mastery over his art, and that Protean quality by which he passed with an astonishing and almost divine facility into every different modification of style and thought, a just gradation from the extravagance of merriment to the depth of pathetic emotion could not always be preserved. Bushe, on the other hand, never finds it difficult to recover himself. Whenever he deviates from that sobriety which becomes the discussions of a court of justice, he retraces his steps and returns to seriousness again, not only with perfect ease, but with- D 2 36 SKETCHES OP THE BAR. out even leaving a perception of the change. His manner is admirably chequered, and the various topics which he employs, enter into each other by such gentle and delicate degrees, that all the parts of his speech bear a just relation, and are as well proportioned as the several limbs of a fine statue to the general composition of the whole. This unity, which in all the arts rests upon the same sound principtes, is one of the chief merits of Mr. Bushe as a public speaker. There is a fine natural vein of generous sentiment running through his oratory. It has often been said that true eloquence could not exist in the absence of good moral qualities. In opposition to this maxim of ethical criticism, the example of some highly gifted but vicious men has been appealed to; but it must be remembered, in the first place, that most of those whose deviations from good conduct are considered to afford a practical refutation of this tenet (which was laid down by the greatest orator of antiquity) were not engaged in the discussion of private concerns, in which, generally speaking, an appeal to moral feeling is of most frequent occurrence ; and in the nest place, there can be little doubt, that although a series of vicious indulgences may have adulterated their natures, they must have been endowed with a large portion of generous instinct. However their moral vision might have been gradually obscured, they could not have been born blind to that sacred light which they knew how to describe so well. Nay more : I will venture to affirm, that, in their moments of oratorical enthusiasm, they must have been ME. BUSHE. 37 virtuous men. As the best amongst us fall into occa- sional error, so in the spirit of lenity to that human nature to which we ourselves belong, we should cherish the hope that there are few indeed so bad, as not in imagination at least to relapse at intervals to better sentiment and a nobler cast of thought. However the fountains of the heart may have been dried and parched up, enough must at least remain to show that there had been a living spring within them. At all events there can be no eloquence without such an imitation of virtue, as to look as beautiful as the original from which the copy is made. Mr. Bushe, I confidently believe, bears the image stamped upon his'breast, and has only to feel there, in order to give utterance to those sentiments which give a moral dignity and eleva- tion to his speeches. His whole life, at least, is in keeping with his oratory ; and any one who heard him would be justly satisfied that he had been listening to a high-minded, amiable, and honourable man. The following extract from one of his best speeches will illustrate the quality to which I have alluded, as well as furnish a favourable example of the general tone of his eloquence. He is describing the forgive- ness of a husband; and, as this article has already exceeded the bounds which I had prescribed to myself. I shall conclude with it. " It requires obdurate and habitual vice and practised depravity to overbear the natural workings of the human heart ; this unfortunate woman had not strength farther to resist. She had been seduced, she had been depraved, her soul was burdened with a guilty secret ; but she was young in crime and true to nature. She could no longer bear 38 SKETCHES OF THE BAR. I the load of her own conscience she was' overpowered by the generosity of an injured husband, more keen than any reproaches she was incapacitated from any further dissimulation; she flung herself at his feet. ' I am unworthy/ she exclaimed, ' of such tenderness and such goodness it is too late the villain has ruined me and dishonoured you : I am guilty/ Gentlemen, I told you I should confine myself to facts; I have scarcely made an observation. I will not affront my client's case, nor your feelings, nor my own, by common-placing upon the topic of the plaintiff's sufferings. You are Christians, men: your hearts must describe for me ; I cannot I affect not humility in saying that I cannot; no advocate can as I told you, your hearts must be the advocates. Conceive this unhappy nobleman in the bloom of life, surrounded with every comfort, exalted by high honours and dis- tinctions, enjoying great property, the proud proprietor, a few hours before, of what he thought an innocent and an amiable woman, the happy father of children whom he loved, and loved the more as the children of a wife whom he adored precipitated in one hour into an abyss of misery which no language can represent, loathing his rank, despising his wealth, cursing the youth and health that promised nothing but the pro- traction of a wretched existence, looking round upon every worldly object with disgust and despair, and finding in this complicated woe no principle of consola- tion, except the consciousness of- not having deserved it. Smote to the earth, this unhappy man forgot not his character : he raised the guilty and lost penitent from his feet ; he left her punishment to her conscience MR. BUSHE. 39 and to Heaven ; her pardon he reserved to himself : the tenderness and generosity of his nature prompted him to instant mercy he forgave her he prayed to God to forgive her; he told her that she should be restored to the protection of her father, that until then her secret should be preserved and her feelings re- spected, and that her fall from honour should be as easy as it might ; but there was a forgiveness for which she supplicated, and which he sternly refused : he refused that forgiveness which implies the meanness of the person who dispenses it, and which renders the clemency valueless because it makes the man despicable : he refused to take back to his arms the tainted and faithless woman who had betrayed him : he refused to expose himself to the scorn of the world and his own contempt: he submitted to misery; he could not brook dishonour." NOTE. Since the above article was written, Mr. Bushe has been raised to the office of Chief Justice of the King's Bench, in consequence of the resignation of Mr. Downes, who has at last proved himself pos- sessed of the Christian virtue which Mr. Bushe used to say was the only one he wanted.* * Mr. Bushe retired from the Chief-Justiceship in 1842, having filled that high office with great ability and unblemished honour for twenty years. He survived his retirement but a short time, dying in July, 1843. Of the conversational attractions of this accomplished man, Lord Broug- liam remarks : " If we followed him into the circle of private society, the gratification was exceedingly great. Nothing, indeed, could be more delight- ful 5 for his conversation had no effort, not the least attempt at display, 40 SKETCHES OF THE BAE. and the few moments he spoke at a t'me, all persons wished to have been indefinitely prolonged. The power of narrative which so greatly distinguished him at the bar, was marvellously shown in his familiar conversation, but the shortness, the condensation, formed perhaps the feature that took most hold of the hearer's memory." 41 MR. S A U B, I N. [FEBRUARY, 1823.] " But where's La- Writ ? Where's your sufficient lawyer." The Little French Lawyer. BEAUMONT & FLETCHER. MR. SAURIN is the son of a Presbyterian clergyman, who followed the duties of his pious but humble calling in the no"th of Ireland. His grandfather was a French Protestant, who, after the relocation of the edict of Nantz, sought an asylum in Iceland. He is said to have begged to the family of the celebrated preacher of his name. Mr. Saurin was educated in the Univer- sity of DubUn. It does not appear that he was dis- tinguished by any signal proficiency, either in literature or in science. A collegiate reputation is not a necessary precursor to professional success. He was called to the Bar in the year 1780. His progress was slow, and for thirteen years he remained almost unknown. Conscious of his secret merits, he was not disheartened, and em- ployed that interval in accumulating the stores of legal knowledge. He had few qualities, indeed, which were calculated to bring him into instantaneous notice. He 42 SKETCHES OP THE BAR. wrought his way with an obscure diligence, and, indeed, it was necessary that he should attain the light by a long process of exfoliation. To this day, there is too frequent an exhibition of boisterous ability at the Irish Bar; but in the olden time, the qualifications of a lawyer were measured in a great degree by his powers of vociferation. Mr. Saurin was imperfectly versed in the stentorian logic which prevailed in the roar of Irish Nisi Prius ; neither had he the matchless imperturba- bility of front, to which the late Lord Clonmel was indebted for his brazen coronet; but his substantial deserts were sure to appear at last. If he could not fly, he had the strength and the tenacity requisite to climb. His rivals were engaged in the pursuit of political distinction and oratorical renown; all his labours, as well as his predilections, were confined to his profession. While others were indulging in legislative meditations, he was buried in the common law. An acute observer would have seen in his unos- tentatious assiduity the omen of a tardy but secure success. A splendid intellect will, in all likelihood, ascend to permanent eminence, but the odds of good fortune are in favour of the less conspicuous faculties. Plunket and Saurin have risen to an equality in pro- fessional distinction ; but when they both commenced their career, upon a sober calculation, the chances would have been found, I think, upon the side of the latter. Like the slow camel and the Arabian courser, both may befitted to the desert; and, although the more aspiring and fleeter spirit may traverse in a shorter period the waste of hardships and discouragement which lies between it and success, while, with all its swiftness and alacrity, it requires an occasional relief from some MR. SAURIN. 43 external source of refreshment and of hope : yet, bear- ing its restoratives in itself, the more slow and persever- ing mind pursues its progress with an unabated con- stancy, and often leaves its more rapid but less enduring competitor drpoping far behind, and exhausted by the labours of its desolate and arid course. After many years, of disappointment perhaps, but not of despondency, Mr. Saurin's name began to be whis- pered in the Hall. The little business with which he had been intrusted was discharged with such efficiency, that he gradually acquired a reputation for practical utility among the attorneys of the north. Many traits of the Scotch character are observable in the Presby- terian colony which was established in that part of Ire- land; and their mutuality of support is among the honourable peculiarities which mark their origin from that patriotic and self-sustaining people. They may be said to advance under a testudo. It is remarked at the Irish Bar, that a northern attorney seldom employs a southern advocate. Mr. Saurin, though descended from a Gallic progenitor, had, I believe, some auspicious mixture of Caledonian blood (with a French face, he has a good deal of the Scotchman in his character) ; and that circumstance, together with the locality of his birth, gave him claims to the patronage of the attorneys of his circuit. Those arbiters of fortune recognised his merits. It was soon perceived by these sagacious per- sons, that a good argument is more valuable than a flower of speech, and that the lawyer who nonsuits the plaintiff is as efficacious as the advocate who draws tears from the jury. Mr. Saurin's habits of despatch were also a signal recommendation. To this day, under the pressure of various occupations, he is distinguished for 44 SKETCHES OF THE BAR. a regularity and promptitude, which are not often to be found among the attributes of the leading members of the Irish Bar. Most, indeed, of the more eminent advocates are " illustrious diners-out/' It is provoking to see the fortunes of men hanging in miserable sus- pense upon their convivial procrastinations. Mr. Saurin still presents an exemplary contrast to these dilatory habits; and it is greatly creditable to him that he should persevere, from a sense of duty, in a practice which was originally adopted as a means of success. The first occasion on which he appears to have grown into general notice, was afforded at a contested election. At that period, which was about sixteen years after he had been called to the Bar, a lawyer at an Irish election was almost a gladiator by profession ; his pistols were the chief implements of reasoning to which he thought it necessaiy to resort. " Ratio ultima," the motto which the great Frederick caused to be engraven upon his cannon, would not have been an inappropriate desig- nation of the conclusive arguments which were then so much in use in Hibernian dialectics. I am not aware, that Mr. Saurin was ever accounted an eminent pro- fessor in this school of logic : upon this occasion, how- ever, he distinguished himself by qualifications very distinct from the barbarous accomplishments which bring intellect and dulness to such a disastrous level. His extensive and applicable knowledge, his dispas- sionate perspicuity, and minute precision, won him a concurrence of applause. He became known upon his circuit, and his fame soon after extended itself to the metropolis. His progress was as swiftly accelerated as it had previously been slow : every occasion on which he was employed furnished a new vent to his accumu- MR. SAUEIN. 45 lated information. He was at length fairly launched; and when once detached from the heavy incumbrances in which he had been involved; he made a rapid and conspicuous way; and it was soon perceived that he could carry more sail than gilded galliots which had started upon the full flood of popularity before him. He soon passed them by, and rode at last in that security which most of them were never destined to attain. In the year 1798, Mr. Saurin was at the head of his profession, and was not only eminent for his talents, but added to their influence the weight of a high moral esti- mation. The political disasters of the country furnished evidence of the high respect in which he was held by the members of his own body. The rebellion broke out, and the genius of loyalty martialized the various classes of the community. The good citizens of Dublin were submitted to a somewhat fantastic metamorphosis : the Gilpins of the metropolis, to the delighted wonder of their wives and daughters, were travestied into scar- let, and strutted, in grim importance and ferocious security, in the uneasy accoutrements of a bloodless warfare. The love of glory became contagious, and the attorneys, solicitors, and six-clerks, felt the intense novelty of its charms. The Bar could not fail to participate in the ecstasy of patriotism : the boast of Cicero became inverted in this access of forensic soldiership, and every Drances, " loud in debate and bold in peaceful council," was suddenly transformed into a warrior. The "toga'd counsel" exhibited a spectacle at once ludicrous and lamentable ; Justice was stripped of her august ceremony and her reverend forms, and joining in this grand political 46 SKETCHES OF THE BAR. masquerade, attired herself in the garb, and feebly imi- tated the aspect, of Bellona. The ordinary business of the courts of law was discharged by barristers in regi- mentals ; the plume nodded over the green spectacle the bag was transmuted into the cartridge-pouch the flowing and full-bottomed wig was exchanged for the casque ; the chest, which years of study had bent into a professional stoop, was straightened in a stiff imprison- ment of red; the flexible neck, which had been stretched in the distension of vituperative harangue, was enclosed in a high and rigid collar. The disputa- tious and dingy features of every minute and withered sophist were swollen into an unnatural bigness and bur- liness of look ; the strut of the mercenary Hessian,* who realized the beau ideal of martial ferocity, was mimicked in the slouching gait which had been acquired by years of unoccupied perambulation in the Hall ; limbs, habituated to yielding silk, were locked in buff; the reveille superseded the shrill voice of the crier the disquisitions of pleaders were " horribly stuffed with epithets of war ; " the bayonet lay beside the pen, and the musquet was collateral to the brief. Yet, with all this innovation upon their ordinary habits, the Bar could not pass all at once into a total desuetude of their more natural tendencies, and exhibited a relapse into their professional predilections in the choice of their leader. The athletic nobleness of figure for which Mr. Magrath, for instance, is conspicuous, did not obtain their suffrages; a grenadier proportion of fame, and a physical pre-eminence of height, were not * The Hessians were a body of German troops who served in Ireland in 1798 ; the Government, no doubt, placed greater confidence in these condotlieri than in the native regiments. MB. SAUKIN. 47 the merits which decided their preference ; they chose Mr. Saurin for his intellectual stature ; and in selecting a gentleman, in whom I am at a loss to discover one glance of the " coup-d'ceil militaire" and whose aspect is among the most unsoldierlike I have ever witnessed, they offered him an honourable testimony of the great esteem in which he was held by his profession. He was thus, in some degree, recognised as the head of the body to which he belonged. His conduct, as chief of the lawyer's corps, was patriotic and discreet. He manifested none of those religious antipathies by which he has been since unhappily distinguished ; he had no share, either in the infliction of, or the equivalent con- nivance at, that system of inquisitorial excruciation, which, on whosoever head the guilt ought to lie, did unquestionably exist.* His hands do not smell of blood; and though a series of unhappy incidents has since thrown him into the arms of the Orange faction, to which he has been rather driven by the rash rancour of his antagonists, than allured tlirough the genuine tendencies of his nature, in that period of civil commo- tion he discountenanced the excesses of the party who now claim him as their own. "With all his present Toryism, he appears to have been then a Whig; and the republican tinge of his opinions was brought out in the great event which suc- ceeded the rebellion, and to which the Government was aware that it would inevitably lead. If they did not kindle, they allowed the fire to rage on; and they thought, and perhaps with justice, that it would furnish a lurid light by which the rents and chasms in the * Mr. Saurin, during the Rebellion, has been seen to strike a drummer of his corps for wearing an orange cockade. A. 48 SKETCHES OF THE BAR. ruinous and ill-constructed fabric of the Irish Legis- lature would be more widely exposed. To repc ; r such a crazy and rotten building, many think, was impos- sible. It was necessary that it should be thrown down, but the name of Country (and there is a charm even in a name) has been buried in the fall. The union w?s proposed, and Mr. Saurin threw him- self into an indignant opposition to the measure, which he considered fatal to Ireland. He called the Bar together; and upon his motion, a resolution was passed by a great majority, protesting against the merging of the country in the impeiirl amalgamation. He was elected a member of the House of Commons, and his appearance in that profligate convention WPS h?iled by Mv. Grattan, who set the highest value upon his acces- cession to the national cause.* Of eloquence there was already a redundant supply. Genius abounded in the ranks of the patriots they were ardent, devoted, and inspired. Mr. Saurin reinforced them with his more Spartan qualities. Grave and sincere, regarded as a great constitutional lawyer the peculiar repre- sentative of his own profession a true, but unimpas- * Mr. Saurin sat for the borough of Bless>ngton, one of the many Irish Gattons extinguished by the Union, and spoke ttvice in opposition to that mcpsure, on the debate on the 6th Feb. 1800, and more at large and effectively on the 21 st of the same month. The former speech contains evidence of the high place he then occupied at the bar. " It should be remembered," he said, "that the profession of which I am a member has expressed itself decidedly against the measure, and your incompetency to entertain it. From the rank I hold in that profession, many of my friends thought it might be conducive to the public cause that I should appear in this house to give the proposition of a union a decided nega- tive." The point Mr. Saurin chiefly relied en was, that the question was not one which the House of Commons was competent to decide, without a previous express appeal to the constituencies. ME. SAUKIX. 49 sioned lover of his country, and as likely to consult her permanent interests as to cherish a romantic attachment to her dignity he rose in the House of Commons, attended with a great concurrence of impressive cir- cumstance. He addressed himself to great principles, and took his ground upon the broad foundations of legislative right. His more splendid allies rushed among the ranks of their adversaries, and dealt their sweeping invective about them; while Saurin, in an iron and somewhat rusty armour, and wielding more massive and ponderous weapons, stood like a sturdy sentinel before the gates of the constitution. Simple and elementary positions were enforced by him with a. strenuous conviction of their truth. He denied the right of the legislature to alienate its sacred trust. He insisted that it would amount to a forfeiture of that estate which was derived from, and held under, the people in whom the reversion must perpetually remain ; that they were bound to consult the will of the majority of the nation, and that the will of that majority was the foundation of all law. Generous sentiments, uttered with honest fervency, are important constituents of eloquence; and Mr. Saurin acquired the fame of a distinguished speaker. His language was not flowing or abundant there was no soaring in his thought, nor majesty in his elo- cution ; but he was clear and manly : there was a plain vigour about him. Thought started through his diction; it wanted roundness and colour, but it was muscular and strong. It was not " pinguitudine nitescens." If it were deficient in bloom and fulness, it had not a greasy and plethoric gloss ; it derived advantages from the absence of decoration, for its nakedness became the VOL. I. E 50 SKETCHES OF THE BAR. simplicity of primitive truth. Mr. Saurin obtained a well-merited popularity. His efforts were strenuous and unremitted; but what could they avail? The minister had an easy task to perform : there was, at first, a show of coyness in the prostitute venality of the majority of the House ; it only required an increased ardour of solicitation, and a more fervent pressure of the " itching palm/' No man understood the arts of parliamentary seduc- tion better than Lord Castlereagh. He succeeded to the full extent of his undertaking, and raised himself to the highest point of ambition to which a subject can aspire. But those who had listened to his blandish- ments, found, in the emptiness of title, and in the baseness of pecuniary reward, an inadequate compen- sation for the loss of personal consequence which they eventually sustained. In place of the reciprocal advan- tages which they might have imparted and received, by spending their fortunes in the metropolis of their own country, such among them as are now exported in the capacity of representatives from Ireland are lost in utter insignificance. Instead of occupying the magni- ficent mansions which are now falling into decay, they are domiciliated in second stories of the lanes and alleys in the vicinity of St. Stephen's. They may be seen every evening at Bellamy's, digesting their solitary meal, until " the whipper-in" has aroused them to the only purpose for which their existence is recognized; or in the House itself, verifying the prophetic description of Curran, by " sleeping in their collars under the manger of the British minister." The case is still worse with the anomalous nobility of the Irish peer. There is a sorry mockery in the title, MR. SAURIN. 51 which is almost a badge, as it is a product, of his dis- grace. He bears it as the snail does the painted shell elaborated from its slime. His family are scarcely admitted among the aristocracy, and, when admitted, it is only to be scorned. It requires the nicest exercise of subtle stratagem, and the suppression of every feeling of pride, on the part of an Irish lady, to effect her way into the great patrician coteries. The scene which Miss Edgeworth has so admirably described at the saloon of the Opera-house, in which the Irish countess solicits the haughty recognition of the English duchess, is of nightly recurrence. Even great talents are not exempted from this spirit of national depre- ciation. Mr. Grattan himself never enjoyed the full dignity which ought, in every country, to have been an appanage to his genius. As to Lord Clare, he died of a broken heart. The Duke of Bedford crushed the plebeian peer with a single tread. What, then, must be the case with the inferior class of Irish senators; and how must they repine at the suicidal act with which, in their madness, they were tempted to annihi- late their existence ! I have dwelt upon the results of the Union, as it affected individual importance, because Mr. Saurin appears to have been sensible of them, and to have acted upon that sense. He has never since that event set his foot upon the English shore. He was well aware that he should disappear in the modern Babylon ; and with the worldly sagacity by which he is characterized, when his country lost her national importance, he pre- ferred to the lacqueying of the English aristocracy the enjoyment of such provincial influence as may be still obtained in Ireland. Mr. Plunket resigned the situation E 2 52 SKETCHES OF THE BAR. of Attorney-General in 1807. It was offered to Mr. Saurin, who accepted it. This office is, perhaps, the most powerful in Ireland : it is attended with great patronage, emolument, and authority. The Attorney- General appoints the judges of the land, and nominates to those multitudinous places with which the Govern- ment has succeeded in subduing the naturally demo- cratic tendencies of the Bar. Every measure in any way connected with the administration of justice ori- ginates with him. In England, the Attorney- General is consulted upon the law. In Ireland, he is almost the law itself: he not only approves, but he directs. The personal character of Mr. Saurin gave him an additional sway. He gained a great individual ascend- ancy over the mind of the Lord Chancellor [Lord Man- ners] . In the Castle Cabinet, he was almost supreme ; and his authority was the more readily submitted to, as it was exercised without being displayed. He was speedily furnished with much melancholy occasion to put his power into action. The Catholic Board assumed a burlesque attitude of defiance ; the press became every day more violent ; the newspapers were tissues of libels, in the legal sense of the word, for they were envenomed with the most deleterious truth. Prosecutions were instituted and conducted by Mr. Saurin: an ebullition of popular resentment was the result, and reciprocal animosity was engendered out of mutual recrimination. The orators were furious upon one hand, and Mr. Saurin became enraged upon the other. His real character was disclosed in the collision. He was abused, I admit, and vilified. The foulest accusations were emptied, from their aerial abodes, by pamphleteers, upon his MR. SAURIN. 53 head. The authors of the garret discharged their vituperations upon him. It was natural that he should get into bad odour: but wedded as he was to the public interests, he should have borne these aspersions of the popular anger with a more Socratic temper; unhappily, however, he was infected by this shrewish spirit, and took to scolding. In his public speeches a weak virulence and spite were manifested, which, in such a man, was deeply to be deplored. Much of the blame ought, perhaps, to attach to those who baited him into fury; and it is not greatly to be regretted that many of them were gored and tossed in this ferocious contest. The original charges brought against him were unjust; but the vehemence with which they were retorted, as well as repelled, divested them, in some degree, of their calumnious quality, and ex- emplified their truth. Mr. Saurin should have recol- lected, that he had at one time given utterance to language nearly as intemperate himself, and had laid down the same principles with a view to a distinct application. He had harangued upon the will of the majority, and he forgot that it was constituted by the Papists. On a sudden he was converted, from a pre- vious neutrality, into the most violent opponent of Roman Catholic emancipation. I entertain little doubt that his hostility was fully as personal as it was constitutional. There appears to be a great inconsistency between his horror of the Union and of the Catholics. They are as seven to one in the immense population of Ireland; and when they are debased by political disqualification, it can only be justified upon the ground that it promotes the interests 54 SKETCHES OF THE BAR. of the Empire. But Mr. Saurin discarded the idea of making a sacrifice of Ireland to imperial considerations, when the benefits of the Union were pointed out. I fear, also, that he wants magnanimity, and that his antipathies are influenced, in part, by his domestic recollections. His ancestors were persecuted in France, but his gratitude to the country in which they found a refuge, should have suppressed any inclination to retaliate upon the religion of the majority of its people. I shall not expatiate upon the various incidents which distinguished this period of forensic turmoil. Suffice it to say, that Mr. Saurin obtained verdicts of con- demnation.* But his high character and his peace of mind were affected by his ignominious success. He grew into an object of national distaste. His own personal dispositions, which are naturally kind and good, were materially deteriorated. Every man at the Bar, with liberal opinions on the Catholic question, was regarded by him with dislike. A single popular senti- ment was a disqualification for place. But let me turn from the less favourable points of his character. This censure should be qualified by large commendation. His patronage was confined to his party, but it was honourably exercised. Those whom he advanced were able and honest men. The sources of justice were never vitiated by any unworthy preferences upon his part. Neither did he lavish emolument on his own family. In the list of pensioners the name of Saurin does not often bear attestation to his power. I should add to his other merits, his * See the paper entitled " Catholic Leaden and Associations." MR. SAURIN. 55 unaffected modesty. He has -always been easy, accessible, and simple. He had none of the " morgue aristocratique," nor the least touch of official super- ciliousness on his brow. Mr. Saurin, as Attorney- General, may be said to have governed Ireland for fifteen years; but, at the moment when he seemed to have taken the firmest stand upon the height of his authority, he was pre- cipitated to the ground. The Grenvilles joined the minister. It was stipulated that Mr. Plunket should be restored to his former office. Mr. Saurin was offered the place of Chief Justice of the King's Bench, which, in a fit of splenetic vexation, he had the folly to refuse. The new local government did not give him a moment for repentance, and he was thrown at once from the summit of his power. There was not a single inter- vening circumstance to break his precipitous descent, and he was stunned, if not shattered, in the fall. He might, however, have expected it; he had no political connexions to sustain him. He is married, indeed, to a sister of the Marquis of Thomond ; but that alliance was a feeble obstacle to the movement of a great party. His official friends immolated him to exigency; but they would have sacrificed him to convenience. The only man in power, perhaps, who personally lamented his ill-usage, was Lord Manners : and even his Lord- ship was aware, for six months before, of the intended change, and never disclosed it to him in their diurnal walks to the Hall of the Four Courts. This suppres- sion Mr. Saurin afterwards resented; but, upon a declaration from his friend that he was influenced by a regard for his feelings, they were reconciled. He 56 SKETCHES OF THE BAR. did not choose to warn him, at the banquet, of the sword that he saw suspended over his head. He is now plain Mr. Saurin again, and he bears this reverse with a great deal of apparent, and some real fortitude.* When he was first deprived of his office, I watched him in the Hall. The public eye was upon him ; and the consciousness of general observation in calamity inflicts peculiar pain. The joyous alacrity of Plunket was less a matter of comment than the resigned demeanour of his fallen rival. Richard was as much gazed at as Bolingbroke. It was said by most of those who saw him, that he looked as cheerful as ever. In fact, he looked more cheerful, and that appeared to me to give evidence of the constraint which he put upon himself. There was a forced hilarity about him he wore an alertness and vivacity, which were not made for his temperament; his genuine smile is flexible and easy; but upon this occasion it lingered with a mechanical procrastination upon the lips, which showed that it did not take its origin at the heart. There was also too ready a proffer of the hand to his old friends, who gave him a warm but a silent squeeze. I thought him a subject for study, and followed him into the Court of Chancery. He discharged his busi- ness with more than his accustomed diligence and skill ; but when his part was done, and he bent his head * Mr. Saurin never held office again. He died in 1839. The long tenure by Mr. Saurin and Mr. Bushe of the principal law-offices under the Crown in Ireland is a remarkable fact in the history of the Bar. The former was Attorney-General for fifteen years ; the latter Solicitor for nearly seventeen. In the same number of years since 1822 the same offices changed hands nine or ten times. MR. SAURIN. 57 over a huge brief, the pages of which he seemed to turn without a consciousness of their contents, I have heard him heave at intervals a low sigh. When he returned again to the Hall, I have observed him in a moment of professional leisure while he was busied with his own solitary thoughts, and I could perceive a gradual languor stealing over the melancholy mirth which he had been personating before. His figure, too, was bent and depressed, as he walked back to the Court of Chancery; and before he passed through the green curtains winch divide it from the Hall, I have seen him pause for an instant, and throw a look at the King's Bench. It was momentary, but too full of expression to be casual, and seemed to unite in its despondency a deep sense of the wrong which he had sustained from his friends, and the more painful injury which he had inflicted upon himself. If Rembrandt were living in our times, he should paint a portrait of Saurin : his countenance and deport- ment would afford an appropriate subject to the shadowy pencil of that great artist. There should be no gradual melting of colours into each other there should be no softness of touch, and no nice variety of hue ; there should be no sky no flowers no drapery no marble: but a grave and sober-minded man should stand upon the canvass, with the greater pro- portion of his figure in opacity and shadow, and with a strong line of light breaking through a monastic window upon his corrugated brow. His countenance is less serene than tranquil; it has much deliberate consideration, but little depth or wisdom; its whole expression is peculiarly quiet and subdued. 58 SKETCHES OP THE BAR. His eye is black and wily, and glitters under the mass of a rugged and shaggy eye-brow. There is a certain sweetness in its glance, somewhat at variance with the general indications of character which are conveyed in his look. His forehead is thoughtful, but neither bold nor lofty. It is furrowed by long study and recent care. There is a want of intellectual eleva- tion in his aspect, but he has a cautious shrewdness and a discriminating perspicacity. With much affability and good-nature about the mouth, in the play of its minuter expression, a sedate and permanent vindictive- ness may readily be found. His features are broad and deeply founded, but they are not blunt ; without being destitute of proportion, they are not finished with delicacy or point. His dress is like his manners, perfectly plain, and remarkable for its neat propriety. He is wholly free from vulgarity, and quite denuded of accomplishment. He is of the middle size, and his frame, like his mind, is compact and well knit together. There is an intimation of slowness and suspicion in his movements, and the spirit of caution seems to regulate his gait. He has nothing of the Catilinarian walk, and it might be readily conjectured that he was not destined for a conspirator.* His whole demeanour bespeaks neither dignity nor meanness. There is no fraud about him ; but there is a disguise of his emotions which bor- ders upon guile. His passions are violent, and are rather covered than suppressed : they have little effect upon his exterior the iron stove scarcely glows with the intensity of its internal fire. He looks altogether a worldly and sagacious man * " Citns modo, modo tardas inccssus." MR. SAUBIN. 59 sly, cunning, and considerate not ungenerous, but by no means exalted with some sentiment, and no sensi- bility: kind in his impulses, and warped by involuntary prejudice : gifted with the power of dissembling his own feelings, rather than of assuming the character of other men : more acute than comprehensive, and subtle than refined : a man of point and of detail : no adven- turer, either in conduct or speculation : a lover of usage, and an enemy to innovation : perfectly simple and unaffected : one who can bear adversity well and pro- sperity still better : a little downcast in ill-fortune, and not at all supercilious in success : something of a republican by nature, but fashioned by circumstances into a tory: moral, but not pious: decent, but not devout : honourable, bat not chivalrous : affectionate, but not tender : a man who could go far to serve a friend, and a good way to hurt a foe : and, take him for all in all, an useful and estimable member of society. I have mentioned his French origin, and it is legibly expressed in his lineaments and hue. In other coun- tries, one national physiognomy prevails through the mass of the people. In every district, and in every class, we meet with a single character of face. But in Ireland, the imperfect grafting of colonization is easily perceived, in the great variety of countenance which is everywhere to be found: the notches are easily dis- cerned upon the original stock. The Dane of Kildare is known by his erect form, his sanded complexion, his blue and independent eye, and the fairness of his rich and flowing hair. The Spaniard in the west, shows among the dominions of Mr. Martin, his swarthy 60 SKETCHES OF THE BAR. features and his black Andalusian eye.* A Presby- terian church in the north exhibits a quadrangular breadth of jaw-bone, and a shrewd sagacity of look in its calculating and moral congregation, which the best Baillie in Glasgow would not disown. Upon the southern mountain and in the morass, the wild and haggard face of the aboriginal Irishman is thrust upon the traveller, through the aperture in his habitation of mud which pays the double debt of a chimney and a door. His red aud strongly curled hair, his angry and courageous eye, his short and blunted features, thrown at hazard into his countenance, and that fantastic com- pound of intrepidity and cunning, of daring and of treachery, of generosity and of falsehood, of fierceness and of humour, of absurdity and genius, which is conveyed in his expression, is not inappropriately dis- covered in the midst of crags and bogs, and through the medium of smoke. When he descends into the city, this barbarian of art (for he has been made so by the landlord and the law nature never intended him to be so) presents a singular contrast to the high fore- head, the regular features, and the pure complexion of the English settler. * Connemara, an estate of an extent almost to justify the name of a little kingdom. The reader will recollect Moore's happy parody of " Pone me pigris," &c. " Place me midst CXRourkes, (^Tooles, The ragged royal house of Tara ; Place me where Dick Martin rules The houseless wilds of Connemara," &c. But like greater empires, that of the Martins has crumbled away since Moore sang and Sheil wrote. It has lately been put up to auction, and will probably be partitioned like Poland. MR. SAURIN. 61 To revert to Mr. Saurin, (from whom I ought not, perhaps, to have deviated so far), there is still greater distinctness, as should be the case, from their proximity to their source, in the descendants from the French Protestants who obtained an asylum in Ireland. The Huguenot is stamped upon them ; I can read in their faces not only the relics of their country, but of their religion. They are not only Frenchmen in colour, but Calvinists in expression. They are serious, grave, and almost sombre, and have even a shade of fanaticism diffused over the worldliness by which they are practi- cally characterised. Mr. Saurin is no fanatic ; on the contrary, I believe that his only test of the true religion, is the law of the land. He does not belong to the " Saint party," nor is he known by the sanctimonious avidity which that pious and rapacious body is distin- guished by at the Irish Bar. Still there is a touch of John Calvin upon him, and he looks the fac-simile of an old Protestant professor of logic whom I remember to have seen in one of the colleges at Nismes. I have enlarged upon the figure and aspect of this eminent barrister, because they intimate much of his mind. In his capacity as an advocate in a court of equity, he deserves great encomium. He is not a great case-lawyer. He is not like Sergeant Lefroy, an ambulatory index of discordant names; he is stored with knowledge ; principle is not merely deposited in his memory, but inlaid and tesselated in his mind ; it enters into his habitual thinking. No man is better versed in the art of putting facts : he brings with a peculiar felicity and skill the favourable parts of his client's case into prominence, and shews still greater 62 SKETCHES OF THE BAH. acuteness in suppressing or glossing over whatever may be prejudicial to his interests. He invests the most hopeless, and I will even add, the most dishonest cause, with a most deceitful plausibility ; and the total absence of all effort, and the ease and apparent sincerity of his manner, give him at times a superiority even to Plunkct himself, who, by the energy into which he is hurried at moments by his more ardent and eloquent temperament, creates a suspicion that it must be a bad cause which requires so much display of power. In hearing the latter, you are perpetually thinking of him and his faculties ; in hearing Saurin, you remember nothing but the cause he disappears in the facts. Saurin also shows singular tact in the management of the Court. The Lord Chancellor is actually bewil- dered by Plunket; it is from his Lordship's premises that he argues against him ; he entangles him in a net of sophistry wrought out of his own suggestion. This is not very agreeable to human vanity, and Chancellors are men. Saurin, on the other hand, accommodates himself to every view of the Court. He gently and insensibly conducts his Lordship to a conclusion Plunket precipitates him into it at once. But Lord Manners struggles hard upon the brink, and often escapes from his grasp. In this facility of adaptation to the previous opinions and character of the judge whom he addresses, I consider Saurin as perhaps the most useful advocate in the Court of Chancery ; at the same time, in reach of thought, variety of attribute, versatility of resource, and power of diction, he is far inferior to his distinguished successor in office. But Plunket is a senator and a statesman, and Saurin is a MR. 6AUEIN. 63 lawyer not a mere one indeed ; but the legal faculty is greatly predominant in his mind. His leisure has never been dedicated to the acquisition of scientific knowledge, nor has he sought a relaxation from his severer occupations in the softness of the politer arts. His earliest tastes and predilections were always in coincidence with his profession. Free from all literary addiction,, he not only did not listen to, but never heard, the solicitations of the Muse. Men with the strongest passion for. higher and more elegant en- joyments have -frequently repressed that tendency, from a fear that it might lead them from the pursuit of more substantial objects. But it was not neces- sary that Mr. Saurin should stop his ears against the voice of the syren he was born deaf to her enchant- ments. I believe that this was a sort of good fortune in his nature. Literary accomplishments are often of preju~ dice, and very seldom of any utility, at the Bar. The profession itself may occasionally afford a respite from its more rigid avocations, and invite of its own accord to a temporary deviation from its more dreary pursuits, There are moments in which a familiarity with the great models of eloquence and of high thinking may be converted into use. But a lawyer like Mr. Saurin will think, and wisely perhaps, that the acquisition of the embellishing faculties is seldom attended with a sufficiently frequent opportunity for their display, to compensate for the dangers of the deviation which they require from the straightforward road to professional eminence, and will pursue his progress like the American traveller, who, in journeying through his 64 SKETCHES OF THE BAR. vast prairies, passes, without regard, the fertile land- scapes which occasionally lie adjacent to his way, and never turns from his track for the sake of the rich fruits and the refreshing springs of those romantic recesses, which, however delicious they may appear, may bewilder him in a wilderness of sweets, and lead him for ever astray from the final object of his destination. 65 MR. JOY. , 1823.] " For do but mark the jeers and notable scorns That live in every region of his face." SHAKSPEABE. MR. JOY, the present Solicitor-General for Ireland, and the anti-papistical associate in office of the chief advocate of the Roman Catholic claims, is the son of a literary man, who was the editor of a newspaper in Belfast. To the violent spirit which characterised the democratic lucubrations of the father, I am inclined to attribute a mistake into which the public have fallen with respect to the juvenile propensities of the son. The Solicitor-General is commonly considered to have been addicted to liberal principles in his early life, and has been reproached with having started a patriot. But whiggism is not a family disorder, nor have I been able to discover any grounds for thinking that Mr. Joy was at any time the professor of opinions at variance with his present political creed. Since he was called to the Bar, which was in the year 1788, I cannot find a single deviation in his conduct from the path of obvious pru- VOL. I. F 66 SKETCHES OF THE BAB. dence, which his instinctive tendencies would naturally have led him to adopt, and to which his matured expe- rience must have instructed him to adhere. It required little sagacity to perceive that by allying himself with the religious and aristocratic passions of the prosperous faction, he was much more likely to attain distinction, than by any chivalrous dedication of his abilities to a more noble, but unrequiting cause. Had he had the misfortune to inherit so sterile and unprofitable a patrimony as the love of Ireland, he might still, perhaps, have risen to eminence and honour. But his success would have been achieved in despite of his principles. By choosing a different course he has succeeded through them. Instead of the difficult and laborious path by which so few have won their way, and which is filled not only with obstacles but thorns, he selected the smoother road, the progress in which is as easy as it is sure which is thronged by crowds, who, instead of impeding individual advancement, sustain, and bear each other on and which not only leads with more directness to a splendid elevation, but is bordered with many fertile and rich retreats, in which those who are either unable or unwilling to prosecute their journey to the more distant and shining objects to which it conducts at last, are certain of finding an adjacent place of secure and permanent repose. In this inviting path, the weak and the incapable may sit down in ease and luxury, even in the lowest gradations of ascent; while the more vigorous and aspiring receive an impulse from the very ground they tread, and are hurried rapidly along. Mr. Joy could not fail to see the advantages of this accelerating course, nor do I impute much blame to him for having yielded to its allurements. He has, per- ME. JOY. 67 haps, acted from that kind of artificial conviction, into which the mind of an honourable man may at last suc- ceed in torturing itself. Conscience, like every other judge, may be misled, and there is no advocate so elo- quent as self-interest before that high, but not infallible tribunal. "Whatever were his motives in choosing this judicious though not very exalted course, Mr. Joy soon distin- guished himself by his zeal in his vocation, and became prominent among the staunch Tories at the bar. He displayed in its fullest force that sort of sophisticated loyalty, of which vehement Protestants are in the habit of making a boastful profession in Ireland, and carried the supererogatory sentiment into practice, even at the convivial meetings of the bar. A lawyer, who has since risen to considerable distinction, and whose youth was encompassed by calamities, which it required a rare combination of talents and of fortitude to surmount, was selected by Mr. Joy for an early manifestation of his devotedness to the cause, which it required no very high spirit of prophecy to foresee would be ultimately canonized by success. It was upon the motion of Mr. Joy, that the barrister to whom I allude was expelled, for his republican tendencies, from the bar-mess of the North-east Circuit. In recommending so very rigorous a measure, he gave proof of his earnestness and of his good taste. The expulsion of an associate, whom an almost daily intercourse ought to have invested with at least the semblances of friendship, afforded abundant evidence of the sincerity of the emotion with which he was influenced, while his discrimination was approved, by marking a man out for ruin, whose endowments were sufficiently conspicuous to direct the general atten- p 2 68 SKETCHES OF THE BAR. tion, not only to the peculiar victim that suffered in the sacrifice, but to the priest who presided at the immolation.* This unequivocal exhibition of enthusiastic loyalty was followed by other instances of equally devoted and not more disinterested attachment to the govern- ment, and Mr. Joy gradually grew into the favour of those who are the distributors of honour and of emolu- ment at the Bar. He did not, however, abuse the predilections of authority for any mean or inglorious purpose. He is, I believe, unsullied by any sordid passion; and whatever may be his faults, avarice is not among them. He has never been an occu- pant of any one of the paltry offices at the Bar, to the invention of which the genius of Irish Secretaries is unremittingly applied. Aiming at loftier objects, he preserved a character for independence, by abstaining from solicitation. It would be tedious to trace his pro- gress through the various stages of professional success which conduct to celebrity at last. A lawyer advances by movements almost imperceptible, from obscurity into note, and from note to fame ; and would find it difficult to ascribe with certainty the consummation of his suc- cess to any direct or immediate cause. It is by a con- tinued series of meritorious effort and of fortunate event, that eminence is to be attained at the Bar. I pass by the many years of labour in which Mr. Joy, * The Editor has strong reasons for believing that Mr. Sheil was not accurately informed of the circumstances connected with the occurrence here alluded to. Mr. Joy was no doubt a zealous member of the party which in those days affected to be exclusively loyal ; but the proceeding of the north-east bar was in consequence of a resolution to exclude all who had not been members of the Lawyers' Corps in the Yeomanry of 1798. ME. JOY. 69 in obedience to the destinies of his profession, must have expended the flower of his life, and lead him directly to the administration of Mr. Saurin. That gentleman, the Coryphaeus of the Orange party, formed for Mr. Joy a strong political partiality. He found in Mr. Joy the cardinal virtue, which, in his opinion, is the hinge of all integrity and honour, and in the absence of which the highest genius and the deepest knowledge are wholly without avail. With the ex-Attorney- General, Orangeism in politics has all the efficacy of charity in religion, and in the person of Mr. Joy, he found many conspicuous qualities set-off by the full lustre of Protestantism. This community of sentiment engendered a virulent sympathy between them. Mr. Joy was appointed one of the three Sergeants, who take precedence after the Attorney and Solicitor- General, and enjoy a sort of customary right to promotion on the Bench. Even before they are raised to the judicial station, they occa- sionally act in lieu of any of the judges, who may happen to be prevented by illness from going the circuit. The malady of a judge, to such an extent of incapacity, is not, however, of very frequent occurrence. A deduc- tion from his salary, to the amount of four hundred pounds, is inflicted as a sort of penalty, in every in- stance in which he declines attending the assizes, and the expedient has been found peculiarly sanative. It not unfrequently happens that one of the twelve sages, who has lain almost dead during the term, at the sound of the circuit-trumpet, starts as it were into a judicial resurrection, and, preceded by the gorgeous procession of bum-bailiffs, bears his cadaverous attestation through the land, to the miraculous agency of the King's com- 70 SKETCHES OF THE BAR. mission. However it does upon occasion happen, that this restorative, powerful as it is, loses its preternatural operation, and one of the sergeants is called upon to take the place of any of the ermined dignitaries of the Bench, who does not require the certificate of a physi- cian to satisfy the public of the reality of his venerable ailments. This proximity to the Bench gives a Sergeant con- siderable weight. In raising Mr. Joy to an office which affords so many honourable anticipations, Mr. Saurin must have been sensible that he added to his personal influence by the elevation of so unqualified an adherent to the party of which he was the head. Mr. Joy had, besides, a high individual rank. Before his promotion his business was considerable, and it afterwards rapidly increased. It was principally augmented in chancery, where pre-audience is of the utmost moment. Lord Manners is disposed to allow too deep a permanence to the earliest impression, and whoever first addresses him has the odds in his favour. The enjoyment of priority swelled the bag of Mr. Joy, which was soon distended into an equality with that of the present Chief-justice, Mr. Bushe. That great advocate found in Mr. Joy a dangerous competitor. The latter was generally supposed to be more profoundly read, and the abstract principles of equity were traced by sagacious solicitors in the folds arid furrows of his brow. The eloquence of Bushe was little appreciated by men who thought that, because they had been delighted, they ought not to have been convinced. Joy had a more logical aspect in the eyes of those who conceive that genius affords jrrimd facie evidence against knowledge, and grew into a gradual ME. JOY. 71 preference at the chancery bar. It iras no light recommendation to him that he was the protege, of Saurin, who could not bring himself to forgive the liberalism of his colleague, and was not unwilling to assist the prosperous competition of his more Protestant eleve. His strenuous protection gave strong reasons to Bushe to tremble at Mr. Joy's pretensions to the highest seat npon the Bench. Bushe had himself declined the office of a puisne judge, in the just expectation of attain- ing to that which he at present occupies in a manner so useful to the country and so creditable to himself. But he was doomed to the endurance of a long interval of suspense before his present fortunate, and I may even call it, accidental elevation. He had been already sufficiently annoyed by the perverse longevity of Lord Norbury, and the no less vexatious hesitations of Lord Downes, who tortured him for years with the judicial coquetry of affected resignation. But the appearance of another candidate for the object of his protracted aspirations had well nigh broken his spirit and reduced him to despair. It was at one time quite notorious, that if a vacancy had occurred in the chief-justiceship of the KingV bench, Saurin would have exercised his influence in behalf of his favourite ; and it was almost equally cer- tain that his influence would have prevailed. In the general notion Joy was soon to preside in the room of Downes, and his own demeanour tended not a little to confirm it. The auspices of success were assembled in his aspect, as conspicuously as the omens of disaster were collected in the bearing of Mr. Bushe. The latter exhibited all the most painful symptoms of the malady of procrastinated hope. The natural buoyancy of his 72 SKETCHES OF THE BAB. spirit sunk under the oppressive and accumulating soli- citude that weighed upon him. Conscious of the power of our emotions, and of the readiness with which they break into external results, he was ever on his guard against them. He well knew how speedily misfortune is detected by the vulgar- and heartless crowd we call the world, and made every effort to rescue himself from their ignominious commiseration. To escape from a sentiment which is so closely connected with contempt, he wrought himself at moments into a wild and feverish hilarity : but the care that consumes the heart, mani- fested itself in despite of all his efforts to conceal it. His bursts of high- wrought joyousness were speedily followed by the depression which usually succeeds to an unnatural inebriation of the mind : his eyes used to be fixed in a heavy and abstracted glare; his face was suffused with a murky and unwholesome red, melan- choly seemed to "bake his blood." He was vacant when disengaged, and impatient when occupied, and every external circumstance about him attested the workings of solicitude that were going on within. It was truly distressing to see this eloquent, high- minded, and generous man, dying of the ague of expec- tation, and alternately shivering with wretched disap- pointment, and inflamed with miserable hope. Joy, on the other hand, displayed all the characteristics of pros- perity, and would have been set down by the most casual observer as a peculiarly successful man. An air of good fortune was spread around him : it breathed from his face, and was diffused over all that he said and did. His eyes twinkled with the pride of authority. His brow assumed by anticipation the solemnity of the judicial cast ; he seemed to rehearse the part of chief- ME. JOY. 73 justice, and to be already half-seated on the highest place upon the Bench. But suddenly it was plucked from beneath him Lord Wellesley arrived Saurin was precipitated from his office. In a paroxysm of dis- tempered magnanimity he disdained to accept the first judicial station, and Bushe, to his own astonishment, grasped in permanence and security that object of half his life, which had appeared so long to fly from his pursuit, and, just before the instant of its attainment, seemed, like a phantasm, to have receded from his reach for ever. " Bushe is now chief-justice of the King's-bench ; and that he may long continue to pre- side there is the wish of every man by whom indiscri-, ruinate urbanity to the Bar, unremitting attention to the duties of his office, and a perfect competence to their discharge the purest impartiality and a most noble intellect are held in value. Notwithstanding that the Bench was withdrawn from Mr. Joy, while he was almost in the attitude of seating himself upon it, he did not fall to the ground. Bushe's promotion left a vacancy in the office of Solicitor- General, and it was tendered to Mr. Joy. This was considered a little singular, as his opinions were well known to be exactly opposite to those of the new Attorney-General, Mr. Plunket. That circumstance, however, so far from being a ground of objection, was, I am inclined to think, a principal motive for sub- mitting the vacant place to his acceptance. It had been resolved to compound all parties together. The more repulsive the ingredients, the better fitted they were for the somewhat empirical process of conciliation, with which Lord Wellesley had undertaken to mix them up together. The government being itself an 74 SKETCHES OP THE BAR. anomaly "a thing of shreds and patches,": it was only consistent that the legal department should be equally heterogeneous. To this sagacious project, the conjunction of two persons who differ so widely from each other as Mr. Plunket and Mr. Joy, is to be attri- buted.* The latter was blamed by many of his friends for the promptitude with which he allied himself to the new administration, for he did not affect the coyness which is usually illustrated by a proverbial reference to clerical ambition. He was well aware that if he in- dulged in the mockery of a refusal, amidst the rapid fluctuations of an undecided government, he might endanger the ultimate possession of so valuable an office. He did not put on any virgin reluctances, nor seem "fearful of his wishes," but embraced the fair opportunity with a genuine and unaffected ardour. The strangeness of this coalition, between men of principles so directly opposite, was speedily illustrated. The trial of the Orangemen for the famous theatrical riot brought the incoherences of the system into full relief. M. Joy was well known to coincide with the loyal delinquents upon the abstract question of ascend- ancy, with as cordial a warmth as the natural tran- quillity of his temperament would permit ; and however he might have disapproved of the expedient by which their ferocious passion for the constitution was evinced, it was impossible that he should regard the excesses, * The " conciliation" system, as it was called in the days of Lord Wellesley, has a sort of parallel and off-shoot in the present times in the practice of balancing a Protestant against a Catholic, or a Catholic against a Protestant, in the Irish law appointments, particularly those of Attorney and Solicitor-General. When snch a system works well, it can only be by accident. It is manifestly vicious in principle. MR. JOT. 75 in which their barbarous loyalty was exemplified, with any very vehement indignation. "We extend an un- avoidable sympathy to the errors which arise from a superabundance of those emotions in which we our- selves participate. The official duty of Mr. Joy pre- scribed to him a course from which he must have recoiled; and it was necessary to spur him onward where another would have required the rein. The Attorney- General was sensible of the peculiarity of his condition,. and determined to urge him, if pos- sible, into a more cordial alliance with himself. Ac- cordingly he covered him with praise. He seemed at a loss to determine whether King William or Mr. Joy had the higher claims to his admiration. He said, that " by his high talents, enlightened information, and extensive knowledge, he had been assisted in every step of the prosecution, and that to his cordial zeal and co-operation no terms could be too strong to render justice and express his gratitude." This en- comium produced a smile. It was at once perceived that Mr. Plunket was distrustful of his colleague ; and, to use a vulgar phrase, was determined to "put it upon him." Joy felt that it was meant as a stimulant, and, in despite of his own stubborn conviction, en- deavoured to excite himself into a semblance of sin- cerity. His speech was judicious and well arranged. He arrayed the evidence with skill, and showed himself to be well versed in the discipline of his profession. But his manner was cold and frosty-spirited ; his clear- ness was wintry and congealed ; his reasons were upon one side, and all his passions upon the other. He appeared to labour with his own consciousness, and to attend less to the arguments applicable to the case, 76 SKETCHES OF THE BAR. than to the mode in which he was to play his part. He made some singular confessions. In lauding Lord "VVellesley he said, " that his Lordship did him the honour to appoint him to the office which he held, with perfect knowledge, that, upon the great subject which divided the country, his opinions differed from his Lordship's; nor was that question ever once, in the course of a year during which he had been in office, mentioned." This statement gave a curious insight into the vice- regal councils, in which a great national question was never once alluded to in delicate respect to the tender feelings of Mr. Joy. It had also the effect of an inti- mation to the jury, that it would not be a matter of deep regret to his Majesty's Solicitor General, if those with whom he felt so strenuous a concurrence of senti- ment, and whose " failings leaned to virtue's side," were to escape from the poisoned tooth of Mr. Plunket. But it was scarcely needful to apprise the jury of his own feelings, in order to neutralize all the effects which his abstract reasoning might produce. His very coun- tenance seemed to be at variance with his speech. It was a personification of humbug. It has a natural tendency to derision; and the expression which it habitually assumes towards others, appeared in this instance to be extended to himself. Through the arch solemnity with which his features were invested, it was easy to discern the spirit of ridicule breaking, in occa- sional flashes of mockery, from his eye, and playing in lambent scorn about him. To .the Government by which he was employed, he gave no reason for com- plaint, and acquitted himself with mercenary fidelity of his distasteful task. MR. JOY. 77 Mr. Plunket could not have said that he omitted a single topic upon which he ought to have relied ; hut he must have thought how different an effect would have been produced by his old friend Mr. Burrowes. Instead of the well-turned sentences of graceful diction, which were uttered with cold suavity and gentle re- monstrance by Mr. Joy, that able man would have thrown among the jury an inflamed harangue, which, if it had not extorted justice, would at least have inflicted shame. .The jury would have been attainted by the eloquence of the advocate. The placidity of Mr. Joy had the effect of reconciling them to their verdict. He politely asked them to find the traversers guilty, and with such an air as gave them to under- stand that he would not take it in very bad part, if they declined to comply with his request. He delivered a well-enunciated essay, which indicated a cultivated mind, but which was destitute of impressiveness or force. It was not, as it ought to have been, " struck fiery off." It wanted neither happiness of diction nor felicity of thought ; but it was deficient in power, and left the jury at its conclusion in as undisturbed a self- complacency, as if his lips had not been opened during the trial. I am far from meaning to impute any censure to Mr. Joy for the least purposed inefficiency upon this occasion. I doubt not that he did as much as his pecular relation to the traversers would allow ; but he was so shackled and restrained that it was impossible that his faculties should have had their full play. These are of a high quality, and he is justly accounted one of the ablest men at the Irish Bar. In the sense in which eloquence, and especially in Ireland, is generally under- 78 SKETCHES OF THE BAR. stood, I do not think that it belongs to him in a very remarkable degree. At times his manner is very strenuous, but energy is by no means the characteristic of his speaking. I have seen him, upon occasion, appeal to juries with considerable force, and manifest that honest indignation in the reprobation of meanness and of depravity, which is always sure to excite an exalted sentiment in the minds of men. The sincere enforcement of good principle is among the noblest sources of genuine oratory; and he that awakens a more generous love of virtue, and lifts us beyond the ordinary sphere of our moral sensibilities, produces the true results of eloquence. This Mr. Joy has not unfrequently accomplished; but his habitual cast of expression and of thought is too much subdued and kept under the vigilant control of a timid and suspi- cious taste, to be attended with any very signal and shining effects. He deals little in that species of illustration which indicates a daring and adventurous mind ; that seeks to deliver its strong, though not always matured, con- ceptions in bold and lofty phrase. Its products may be frequently imperfect, but a single noble thought that springs full formed from the imagination, compensates for all its abortive offspring. Mr. Joy does not appear to think so, and studiously abstains from the indulgence of that propensity to figurative decoration, which in Ireland is carried to some excess. Nature, I sus- pect, has been a little niggard in the endowment of his fancy ; and if she has not given him wings for a sustained and lofty flight, he is wise in not using any waxen pinions. I have never detected any exagge- ration in his speeches, either in notion or in phrase. ME. JOY. 79 His language is precise and pure, but so simple, as scarcely to deviate from the plainness of ordinary discourse. It was observed of Lysias that he seldom employed a word which was not in the most common use, but that his language was so measured as to render his style exceedingly melodious and sweet. Mr. Joy very rarely has recourse to an expression which is not perfectly familiar. But he combines the most trivial forms of phrase with so much art together, as to give them a peculiarly rhythmical construction. Upon occasion, however, he throws into a speech some ornamental allusion to his own favourite pursuits. He takes a flower or two from his hortus siccus, and flings it carelessly out. But his images are derived from the museum and the cabinet, and not from the mountain and the field. He is strongly addicted to the study of the more graceful sciences, and versed in shrubs, and birdsj and butterflies. In this respect he stands an honourable exception to most of the eminent members of the Bar, with whom all scientific and literary acquire- ment is held in a kind of disrepute. Mr. Joy has not neglected those sources of permanent enjoyment, which continue to administer their innocent gratifications, when almost every other is dried up. He has employed his solitary leisure (for he is an old bachelor, and, in despite of certain rumours recently afloat, appears to be an inveterate Mr. Oldbuck) in the cultivation of elegant, although, in some instances, fantastic tastes. He is devoted to the loves of the plants, and spends in a well- assorted museum of curiosities many an hour of dal- Hance with an insect or a shell. It is not unnatural that his mind should be impregnated with his intel- 80 SKETCHES OF THE BAR. lectual recreations ; and whenever he ventures upon a metaphor, it may readily be traced to some association with his scientific pursuits. But, with this rare exception, Mr. Joy may be accounted an unadorned speaker. His chief merit con- sists in his talent for elucidation and for sneering. He is, indeed, so sensible of his genius for mockery, that he puts into use wherever the least opportunity is afforded for its display. When it is his object to cover a man with disgrace, he lavishes encomium with a tone and look that render his envenomed praises more deadly than the fiercest invective. He deals in incessant irony, and sets off his virulent panegyric with a smile of such baleful derision as to furnish a model to a painter for Goethe's Mephistopheles. In cross-exami- nation he employs this formidable faculty with singular effect. Here he shews high excellence. He contem- plates the witness with the suppressed delight of an inquisitor, who calmly surveys his victim before he has him on the wheel. He does not drag him to the torture with a ferocious precipitation, and throw him at once into his torments, but with a slow and blandish- ing suavity tempts and allures him on, and invites him to the point at which he knows that the means of infliction lie in wait. He offers him a soft and downy bed in which the rack is concealed, and when he is laid upon it, even then he does not put out all his resources of agony at once. He affects to caress the victim whom he torments, and it is only after he has brought the whole machinery of torture into action, that his pur- pose is perfectly revealed ; and even then, and when he is in the fullest triumph of excruciation, he retains his seeming and systematic gentleness ; he affects to wonder MR. JOY. 81 at the pain which he applies, and while he is pouring molten lead into the wound, pretends to think it balm. The habitual irony which Mr. Joy is accustomed to put into such efficient practice, has given an expression to his face which is peculiarly sardonic. Whatever mutations his countenance undergoes, are but varied modifications of a sneer. It exhibits in every aspect a phasis of disdain. Plunket's face sins a little in this regard, but its expression is less contemptuous than harsh. There is in it more of the acidity of ill humour than of the bitterness of scorn. His pride appears to result rather from the sense of his own endowments, than from any depreciating reference to those of other men. But the mockery of Mr. Joy is connected with all the odium of comparison : Et lea deux bras croises, du haut de son esprit, II ecoute en pitie tout ce que chacun dit. The features upon which this perpetual derision is inlaid, are of a peculiar cast they are rough-hewn and unclassical, and dispersed over a square and rectangular visage, without symmetry or arrangement. His mouth is cut broadly, and directly from one jaw to the other, and has neither richness nor curve. There are in his cheeks two deep cavities, which in his younger days might have possibly passed for dimples, hollowed out in the midst of yellow flesh. Here it is that ridicule seems to have chosen her perpetual residence, for I do not remember to have seen her give way to any more kindly or gentle sentiment. His nose is broad at the root ; its nostrils are distended, and it terminates in an ascending point : but it is too short for a profile, and VOL. i. G 82 SKETCHES OF THE BAR. lies in a side view almost concealed in the folds of parchment by which it is encompassed.* The -eyes are dark, bright, and intellectual, but the lids are shrivelled and pursed up in such a manner, and seemingly by an act of will, as to leave but a small space between their contracted rims for the gleams of vision that are per- mitted to escape. They seem to insinuate that it is not worth their while to be open, in order to survey the insignificant object on which they may chance to light. The forehead is thoughtful and high, but from the posture of the head, which is thrown back and generally aside, it appropriately surmounts this singular assem- blage of features, and lends an important contribution to the sardonic effect of the whole. His deportment is in keeping with his physiognomy. If the reader will suggest to his imagination the figure of a Mandarin receiving Lord Amherst at the palace at Pekin, and with contemptuous courtesy proposing to his Lordship the ceremony of the Ko-tou, he will form a pretty accurate notion of the bearing, the manners, and the hue of his Majesty's Solicitor-General for Ireland. He is extremely polite, but his politeness is as Chinese as his look, and appears to be dictated rather by a sense of what he owes to himself, than by any deference to the person who has the misfortune to be its object. And yet with all this assumption of dignity, Mr. Joy is not precisely dignified. He is in a perpetual effort to sustain his consequence, and arms himself against the least invasion upon his title to respect. Of its legitimacy, however, he does not appear * There is a striking resemblance in this and several other personal descriptions in these papers to the style of Quevedo's portraits, without the coarseness, however, of the Spanish satirist. MR. JOY. 83 ^to be completely satisfied. He seems a spy upon his own importance, and keeps watch over the sacred treasure with a most earnest and unremitting vigilance. Accordingly he is for ever busy with himself. There is nothing abstract and meditative in his aspect, nor does his mind ever wander beyond the immediate localities that surround him. There is "no speculation in his eye " an intense consciousness pervades all that he says and does. I never yet saw him lost in reverie. When dis- engaged from his professional occupations, he stands in the Hall with the same collected manner which he bore in the discharge of his duties to his client, and with his thoughts fastened to the spot. While others are pacing with rapidity along the flags which have worn out so many hopes, Joy remains in stationary stateliness, peering with a side-long look at the peri- strephic panorama that revolves around him. The whole, however, of what is going on is referred to his own individuality; self is the axis of the little world about him, and while he appears scarcely conscious of the presence of a single person in all the crowd by which he is encompassed, he is in reality noting down the slightest glance that may be connected with himself. There is something so artificial in the demeanour of Mr. Joy, and especially in the authoritativeness which he assumes with the official silk in which he attires his person, that his external appearance gives but little indication of his character. His dispositions are much more commendable than a disciple of Lavater would be inclined to surmise. I suspect that his hauteur is worn from a conviction that the vulgar are o 2 84 SKETCHES OP THE BAR. most inclined to reverence the man by whom they are most strenuously despised. Upon a view of Mr. Joy, it would be imagined that he would not prove either a very humane or patient judge ; but it is quite other- wise, and those who have had an opportunity of observ- ing him in a judicial capacity upon circuit, concur in the desire that he should be permanently placed in a situation for which he has already displayed, in its transitory occupation, so many conspicuous qualities.* * Mr. Joy succeeded Mr. Plunket as Attorney-General in 1827, and held that office until 1831, when he became Chief Baron upon the retire- ment of CVGrady from the Exchequer. Chief Baron Joy died in 1838. 85 LORD NORBURY. [NOTEMBEB, 1827.] IN the account given by Sir Pertinax Macsycophant of his rise and progress in the world, he states that his only patrimony was a piece of parental advice, which stood him in lieu of an estate. I have heard it said, that Lord Norbury, in detailing the circumstances which attended his original advancement in life, gene- rally commenced the narrative of his adventures with a death-bed scene of a peculiarly Irish character. His father, a gentleman of a respectable Protestant family in the county of Tipperary, called him in his last moments to his side, and after stating that, in order to sustain the ancient and venerable name of Toler in its dignity, he had devised the estate derived from a sergeant (not at law) to his eldest son, the old Crom- wellian drew from under his pillow a case of silver- mounted pistols, and delivering this " donatio mortis causa," charged him never to omit exhibiting the promptitude of an Irish gentleman, in resorting to these forensic and parliamentary instruments of 86 SKETCHES OP THE BAR. advancement. The family acres having gone to the eldest brother, our hero proceeded with his .specific legacy, well oiled and primed, to Dublin, having no other fortune than the family pistols, and a couple of hundred pounds, when he was called in the year 1770 to the bar. The period is so remote, that no account of his earlier exploits, beyond that of his habitual sub- stitution of the canons of chivalry for those of law, has remained. "With one of his contemporaries, the late Sir Frede- rick Flood, I was acquainted, and I have heard that eminent person, whom the intellectual aristocracy of Wexford sent to supply the place of Mr. Fuller in the British House of Commons,* occasionally expatiate on * Mr. Fuller is now forgotten, yet he made not a little noise in his day, particularly in the House of Commons. He was greater in his line than any man who has either bored or diverted parliament since. In February, 1810, when the House was in committee on the policy of the expedition to the Scheldt, he committed such enormities that he received a terrible reprimand from the Speaker, and narrowly escaped expulsion. In the debates of the following, we find him rising to " Order" during an altercation that took place between Mr. Percival and Mr. Whitbrcad, on the Catholic question. The following is a brief " touch of his quality." " Perhaps, Sir, I was not a proper person to rise to order ; no matter for that, I confess it. The honourable gentleman opposite (Mr. Whit- bread) has no right to talk of other people. His own friends sneaked out of office most contemptibly. (Order.) 'Pon my honour, Sir, it is not my remark ; I speak on suggestion. As to those Irish affairs, I remem- ber about thirty years ago a set of people coming down to this house sweating and fuming like a steam-engine. (A laugh.) I have no faith in Catholic Emancipation. I think there is a radical antipathy between England and Ireland. (Order.) Well, then, try Emancipation, if you think it will do. I care no more for a Catholic than I do for a Chinese. Give the fellows in the red waistcoats and blue breeches every thing they want. I know the Duke of Richmond," &c. Mr. Fuller represented the county of Sussex. LORD NORBUSY. 87 the feats which he used to perform with Lord Norbury, with something of the spirit with which Justice Shallow records his achievements at Clement's Inn . " Oh, the mad days that I have spent/' Sir Frederick used to say, " and to think that so many of my old acquaint- ance are dead ! " The details, however, of his narrations have escaped me. I had calculated that, as he was a strict disciple of Abernethy (except when he dined out), he would have equalled Cornaro in longevity; but being as abstemious in his dress as in his diet, and having denied himself the luxury of an exterior inte- gument, Sir Frederick coughed himself, a couple of winters since, unexpectedly away. I am therefore unable to resort to any of Lord Norbury's original companions, fof an authentic account of the first development of his genius at the Irish Bar. If that bar had been constituted as it is at present, at the period when Lord Norbury was called, it is difficult to imagine how he could have succeeded. Destitute of knowledge, with a mind which, however shrewd and sagacious in the perception of his own interests, was unused to consider, and was almost incapable of comprehending any legal proposition, he could never have risen to any sort of eminence, where perspicuity or erudition was requisite for success. But the qualifications for distinction, at the time when Lord Norbury was called, were essentially different from, what they are at present. Endowed with the lungs of Stentor, and a vivacity of temperament which sustained him in all the turbulence of Irish Nisi Prius, and superadding to his physical attributes for noise and bluster,, a dauntless determination, he obtained some employment in those departments of his pro- 88 SKETCHES OF THE BAR. fession, in which merits of the kind were at that time of value. His elder brother, Daniel, was elected member for the county of Tipperary, which brought him into connexion with Government ; bnt, besides his brother's vote, he is reported to have intimated to the ministry, that upon all necessary occasions his life should be at their service. The first exploit from which his claims upon the gratitude of the local administration of the country were chiefly derived, was the " putting down," to use the technical phrase, of Mr. Napper Tandy. The latter was a distinguished member of the Whig Club, and was a tribune of the people. Tandy had set up great pretensions to intrepidity, but, having ^come into collision with Lord Norbury, manifested so little alacrity in accepting the ready tender which was made to him by that intrepid loyalist, that the latter was considered to have gained a decided superiority. Napper Tandy remained lingering on the threshold of the arena, while the prize-fighter of the ministers rushed into it at once, and brandished his sword amidst the applauses of that party, of which he was thenceforward the champion. The friends of Napper Tandy accounted for his tardiness in calling out Lord Norbury (who declared his willingness to meet him in half an hour), by referring it to an apprehension that the House of Commons would interfere; but it seems probable that the patriot of the hour set a higher estimate upon his existence than it merited, while Lord Norbury rated himself at his real value, and did not " set his life at a pin's fee." After this affair, which mainly contributed to the making of his fortunes, the minister determined to LORD NORBURY. 89 turn the principal talent which he appeared to possess, and of which he had given so conspicuous a proof, to farther account. In the Irish House of Commons, the government party, when hard pressed, converted the debate into a sort of sanguinary burletta, in which Lord Norbury, then Sergeant Toler, and Sir Boyle Boche, of blundering memory, were their favourite performers. When Grattan had ignited the House of Commons, and succeeded in awakening some recollec- tions of public virtue in that corrupt and prostituted assembly, or when Mr. Ponsonby, the leader of the Whig aristocracy, had by his clear and simple exposition of the real interests of the country, brought a reluctant , conviction of their duty to those who were most interested in shutting it out, finding themselves unequal to cope in eloquence with the one, or in argument with the other, the government managers produced Sir Boyle Roche and Sergeant Toler upon the scene. On Grattan the experiment of bullying was not tried, for his firmness was too well known. Sir Boyle was therefore appointed to reply to him, as his absur- dities were found to be useful in restoring the House to that moral tone, from which the elevating declama- tion of the greatest speaker of his time had for a moment raised them. Under the influence of Sir Boyle's blunders, which were in part intended, the Irish legislators recovered their characteristic pleasantry, and " made merry of a nation's woes : " while Sergeant Toler, who almost equalled Sir Boyle in absurdity, and was more naturally, because he was involuntarily extra- vagant, played his part, and was let loose upon Mr. Ponsonby, whose nerves were of a delicate organ- 90 SKETCHES OF THE BAR. isation, with singular effect. That eminent statesman had made a speech, recommending Catholic Emancipa- tion, and other collateral measures, as the only means of rescuing Ireland from the ruin which impended over her. He was always remarkable for the dignified urbanity of his manners, and in the speech to which Sergeant Toler replied, scarcely any man but Toler could have found materials for personal vituperation. The English reader will be able to form some idea of the system on which the debates of the Irish House of Commons were carried on, and to estimate Lord NorburVs powers of minacious oratory, from the following extract from the parliamentary debates. "What was it come to, that in the Irish House of Commons they should listen to one of their own members degrading the character of an Irish gentle- man by language which was fitted but for hallooing a mob? Had he heard a man uttering out of those doors such language as that by which the honourable gentleman had violated the decorum of parliament, he would have seized the ruffian by the throat, and dragged him to the dust ! What were the House made of, who could listen in patience to such abominable sentiments ? Sentiments, thank God ! which were acknowledged by no class of men in this country, except the execrable and infamous nest of traitors, who were known by the name of United Irishmen, who sat brooding in Belfast over their discontents and treasons, and from whose publications he could trace, word for word, every expression the honourable gentleman had used." Irish Parliamentary Debates, Feb. 1797.* * The horrpr of the English reader at this specimen of Lord Norbury's parliamentary eloquence will be diminished by remembering that upon LORD NORBURY. 91 Of this fragment of vituperation Mr. Ponsonby took no notice; and the object of the orator was attained, in securing himself a new title to the gratitude of those who kept a band of bravoes hired in their service, and could not have selected a more appropriate instrument than Lord Norbury for the purposes of intimidation. To his personal courage, or rather recklessness of the lives of others as well as his own, he is chiefly indebted for his promotion. It was the leading trait of his character, and, prevailing over his extravagance, invested him with a sort of spurious respectability. In the manifestations of that spirit, which had become habitual, he has persevered to the last ; and even since he has been a Chief-Justice has betrayed his original tendency to settle matters after the old Irish fashion, at the distance of twelve paces. He has more than once intimated to a counsel, who was pressing him too closely with a Bill of Exceptions, that he would not seek shelter behind the Bench, or merge the gentleman in the Chief- Justice ; and, when a celebrated senator charged him with having fallen asleep on a trial for murder, he is reported to have declared that he would resign, in order to demand satisfaction, as "that Scotch Broom (Brougham) wanted nothing so much as an Irish stick" In the year 1798, Lord Nor bury was his Majesty's the same arena, some years later, even so great a man as Mr. Grattan retorted upon Mr. Corry, in a strain little less termagant : " The honourable gentleman had said that by his counsel the rebellion had been brought about. Had any man out of the house said what the honourable gentleman had said in the house, his answer would have been a blow. He cared not how high his situation, how frivolous his character, whether he was a privy counsellor or a parasite, a half coxcomb or a half swindler, his answer would be a blow." The extraordinary provocation, however, which Mr. Gratfcan received, is to be recollected and allowed for. 92 SKETCHES OF THE BAR. Solicitor-General. His services to Government had been hitherto confined to the display of ferocious rhetoric in the Honse of Commons, of which I have quoted a specimen. The civil disturbances of the country offered a new field to his genius, and afforded him an opportunity of accumulating his claims upon the gratitude of the crown, which could not have found a more zealous, and, I will even add, a more useful servant during the rebellion. If the juries before whom the hordes who were charged with high treason were put upon their trial, had been either scrupulous or reluctant, if any questions of effectual difficulty could have arisen, and the forms of the law could have been used with any chance of success in the defence of the prisoners, if justice had not rushed with eagerness through every impediment, and broken all ceremony down, such a Solicitor-General as Lord Norbury would have been an inapplicable and inefficient instrument; but the evidence of informers was generally so direct and simple, and so strong was the impatience of juries to precipitate themselves to a conviction, all niceties and technicalities of the law were so utterly disregarded, and it was so little requisite that the conductors of Government prosecutions should possess either acute- ness or knowledge, that Lord Norbury's faculties were quite equal to the discharge of his official duty, while they were in happy adaptation to the moral character of the public tribunals, and the exigency of the time. To strike terror into the people was the great object to be attained, and Lord Norbury had many qualifica- tions for the purpose. He stood in a court of justice, not only as the servant of his sovereign, but as the representative, in some measure, of the powerful LORD NORBURY. 93 Cromwellian aristocracy to which his family belonged, and in whose prejudices and passions he himself vehe- mently participated. His whole bearing and aspect breathed a turbulent spirit of domination. His voice was deep and big ; and in despite of the ludicrous associations connected with his character, when it rolled the denunciations of infuriated power through the court, derived from the terrible intimations which it conveyed, an awful and appalling character. He did not indeed cease to utter absurdity, but his orations were fraught with -a kind of truculent bombast a sort of sanguinary " fee, fa, fum ! " while the dilation of his nostrils, and the fierceness of his looks, expressed, if I may so say, the scent of a traitor's blood. In his moments of excitation (and he is capable of ascending beyond the level of ordinary feeling and dis- course) his spirit was strongly roused, and his counte- nance, swelled as it was with passion, and stained with a dark red, became the image of his intellect and of his sensibility. His eyes were inflamed with a ferocious loyalty, and the consciousness of unbounded power; and while they glared on the wretches who stood pale and trembling at the bar, or were fixed in defiance on the counsel for the prisoner, assisted, with their savage glare, the canons of extermination which the orator was laying down. A certain trick of expanding his cheeks, and swelling them with wind, which he puffed importantly off, set off his tempestuous adjurations, and made him look as if he were blowing all mercy and compunction away. Thus he was every way well adapted to his terrible task. Nor was he less qualified, when, in his capacity of Solicitor-General, he was put on the commission, and 94 SKETCHES OF THE BAR. went as a Judge of Assize.* Much of the same de- meanour and deportment was preserved on the bench, where the red robes in which he was arrayed heightened the impression which his face, voice, and figure, were calculated to produce. There was, however, this differ- ence, that his spirit of buffoonery became more con- spicuous upon the bench. It should not, however, be too hastily concluded that his love of drollery in any degree disqualified him for the exercise of the judicial functions. On the contrary, his merits as a jester were among his most useful and efficient attributes as a judge. He was fanciful or turgid, just as the occasion required. In his addresses to the jury, he was as swollen with exaggerated loyalty as the gravest sup- porter of Protestant Ascendency could have desired; while during the rest of the trial, he put on a de- meanour of heedless hilarity, which indicated the little value which he attached to the life of an insurgent, and taught the populace at what rate human breath was estimated in his court. The effect of the tortures of Macbriar, in " Old Mortality," is greatly heightened by the merriment with which the Duke of Lauderdale exclaims, "He will make an old proverb good; for he'll scarce ride to-day, though he has had his boots on." I do not, however, believe that the indifference for human life which was indicated by Lord Norbury's judicial mirth, was at all studied or systematic, or the result of cruelty of disposition. He is naturally of a gay and pleasant cast of mind ; and it is, I fancy, im- * The objectionable practice of sending the Solicitor-General to admi- nister justice as a Judge of Assize liaa long since been discontinued in Ireland. LORD NORBUEY. 95 possible for him to keep ludicrous notions out. It is also but justice to him to add, that his jokes were not, like the Duke of Lauderdale's, at the expense of the prisoner who stood aghast and dismayed before him; and if they showed that he did not entertain any very profound sense of the awfulness of the transition to another state of existence, still, as they were not directed to the culprit at the bar, his witticisms gave no indications of any natural savageness of heart, from which I believe him to be wholly free. His imagination was hurried away by some whimsical idea, and the moment a grotesque image presented itself, or a fantas- tical anecdote was recalled to his recollection, he could not keep it in, but let it involuntarily escape upon the court. But these vagaries did not render the administration of justice in his hands less terrific ; and while he him- self gave way to the merriment which he could not restrain, the countenances of the crowds with which the public tribunals were filled, in their fearful expres- sion as well as their ghastly colour, exhibited an awful contrast with his own. He could, indeed, with im- punity indulge in those judicial antics amidst the assemblage of pallid wretches by whom he was sur- rounded; when it might be justly said, in reference to them and to the moral expression of his visage and its complexion, "Cum tot palloribus suflficeret saevus iste vultus, atque rubor, quo se contra pudorem muniebat." In his charges, too, he made ample compensation for the conundrums with which he interrupted the exami- nation of witnesses ; for he threw off in an instant the character of a jester, resumed the terrors of his deep and demmciating voice, and turning to the prisoners, 96 SKETCHES OF THE BAR. spoke of that eternity to which he was about to despatch them, with an awfulness and solemnity which justified Lord Clare, who objected to his being created a Chief Justice, in recommending that he should enter the church, and be made a bishop. The proposition that those brows, on which the black cap had been so frequently and so conspicuously displayed, should be invested with a mitre, did credit to Lord Clare, who, with all his partialiality for the Church, was more solicitous for the dignity of the Judicial than the Episcopal Bench; and had his sugges- tion been adopted, Lord Norbury, attired in lawn, would have proved an agreeable accession to the House of Lords, and while he relieved the tedium of many a weary debate with his pious jokes and his holy merri- ment, he would in all likelihood have looked as appro- priate a successor of the apostles as their Lordships of Ossory or Kilmore. If he had been created Archbishop of Dublin, what a spirit of good-humour would have been infused into our polemics; how many a sacred jest would have sparkled in his jovial and laughter- stirring homilies ! We should have been spared a fierce and unprovoked aggression on the religion of the people, and should never have seen a barbed and en- venomed arrow shot from behind the altar, in the shape of a wanton and virulent antithesis.* Lord Norbury officiating as Archbishop of Dublin, presents a pleasant picture to the mind, and of a character as truly Chris- tian as the reality affords. Unfortunately, however, Lord Clare was overruled; and Lord Norbury, having been created a peer, was, on * See State of Partiet in Dublin, among the political essays in this collection. LOED NORBUEY. 97 the resignation of Lord Carleton, raised to the Chief- Justiceship of the Common Pleas. For some time the terrors which had attended him during the rebellion, continued to be associated with his name ; but at length the recollections of the civil commotions in which he had played so remarkable a part, began to subside his energy in the cause of Government was forgotten none but the ridiculous points of his character stood out in any very considerable prominence, and he lost even that species of respect which results from fear. He was Chief Justice of the Common Pleas from the year 1800, and diligently employed the whole of that period in earning the reputation which he at length succeeded in establishing through the empire. " Lord Norbury's last joke" has long been the ordinary title to a pleasant paragraph in the English newspapers ; but it is right to add, in his vindication, that much has been attibuted to him which does not belong to him ; and many a dealer in illegitimate wit, who was ashamed of acknowledging his own productions, laid his spurious offspring at his Lordship's door. As he so essentially contributed to the amusement of the public, he gradu- ally grew into the general favour, and was held in something like the reverence which is entertained by the upper galleries for an eminent actor of farce. His performances at Nisi Prius were greatly preferable, in the decline of the Dublin stage, to any theatrical exhi- bition; and, as he drew exceedingly full houses, Mr. Jones began to look at him with some jealousy, and is said to have been advised by Mr. Sergeant Gould, who had a share in Crow-street Theatre, to file a bill for an injunction against the Chief- Justice, for an infringe- ment of his patent. VOL. i. H 98 SKETCHES OF THE BAR. Lord Norbury was at the head of an excellent com- pany. The spirit of the judge extended itself naturally enough to the counsel; and men who were grave and considerate every where else, threw off all soberness and propriety, and became infected with the habits of the venerable manager of the court, the moment they entered the Common Pleas. His principal performers were Messrs. Grady, Wallace, O'Connell, and Gould, who instituted a sort of rivalry in uproar, and played against each other. With such a judge, and such auxiliaries to co-operate with him, some idea may be formed of the attractions which were held out to that numerous class who have no fixed occupation, and by whom, in the hope of laughing hunger away, the Four Courts are frequented in Dublin. Long before Lord Norbury took his seat, the galleries were densely filled with faces strangely ex- pressive of idleness, haggardness, and humour. At about eleven his Lordship's registrar, Mr. Peter Jackson, used to slide in with an official leer; and a little after Lord Norbury entered with a grotesque waddle, and, having bowed to the Bar, cast his eyes round the court. Perceiving a full house, an obvious expression of satisfaction pervaded his countenance; and if he saw any of his acquaintance of a noble family, such as John Claudius Beresford,* who had a good deal of time on his hands, in the crowd, he ordered the tipstaff to make way for him, and in order, I presume, to add to the dignity of the proceedings, placed him beside himself on the bench. While the jury were * Mr. John Claudius Beresford, although a branch of the noble house of Waterford, was an Alderman of the Corporation of Dublin, and an active tool of the Government during the Rebellion of 1798. LORD NORBURY. 99 swearing, he either nodded familiarly to most of them, occasionally observing, " A most respectable man ;" or, if the above-mentioned celebrated member of the house of Curraghmore chanced to be next him, was engaged in so pleasant a vein of whispering, that it was con- jectured, from the heartiness of his laugh, that he must have been talking of the recreations of the Riding- house, and the amusements of 1798. The junior counsel having opened the pleadings, Lord Norbury generally exclaime.d, " A very promising young man ! Jackson, what is that young gentleman's name?" "Mr. - , my Lord." "What! of the county of Cork ? I knew it by his air. Sir, you are a gentleman of very high pretensions, and I protest that I have never heard the money counts stated in a more dignified manner in all my life ; I hope I shall find you, like the paper before me, a Daily Freeman in my court."* Having despatched the junior, whom he was sure to make the luckless, but sometimes not inappropriate victim of his encomiums, he suffered the leading counsel to proceed. As he was considered to have a strong bias towards the plaintiff, experimental attorneys brought into the Common Pleas the very worst and most discreditable adventures in litigation.f The * An actual occurrence, affording a Mr sample of Lord Norbury's general manner. The late Mr. Henry Deane Freeman was the gentleman who underwent his Lordship's compliments. It may not be amiss to add that there is a newspaper in Dublin called the Daily Freeman, to dis- tinguish it from a weekly journal of the same name. t The imputation of a bias towards the plaintiff originated in the objectionable system of fees, which during the greater part of Lord Norbury's career formed a portion of the judicial income. By alluring suitors to his court it was possible, of course, for a judge to swell his emoluments. Mr. Jackson, the officer alluded to in the text, is said to H 2 100 SKETCHES OF THE BAR. statement of the case, therefore, generally disclosed some paltry ground of action, which, however did not prevent his Lordship from exclaiming in the outset, " A very important action indeed ! If you make out your facts in evidence, Mr. Wallace, there will be serious matter for the jury." The evidence was then produced ; and the witnesses often consisted of wretches whose emaciated and discoloured countenances showed their want and their depravity, while their watchful and working eyes intimated that mixture of sagacity and humour by which the lower order of Irish attcs- tators is distinguished. They generally appeared in coats and breeches, the external decency of which, as they were hired for the occasion, was ludicrously con- trasted with the ragged and filthy shirt, which Mr. Henry Deane Grady, who was well acquainted with "the inner man" of an Irish witness, though not without repeated injunctions to unbutton, at last compelled them to disclose. The cross-examinations of this gentleman were admirable pieces of the most serviceable and dexterous extravagance. He was the Scarron of the Bar; and few of the most practised and skilful of the horde of perjurers whom he was employed to encounter, could successfully withstand the exceedingly droll and comical scrutiny through which he forced them to pass. He have kept two bags under his seat in court, one for the silver in which Lord Norbury's perquisites were deposited, the other for the copper in which he hoarded his own more modest pickings. When the fees wen: abolished, it was said that the court leaned to the plaintiff no longer, but in the opposite direction. The business of the Common Pleas unquestion- ably declined. The attorneys forsook it for other courts, and this un- popularity continued down to a very recent period. LORD NORBURY. 101 had a sort of " Hail fellow, well met ! " manner with every varlet, which enabled him to get into his heart and core, until he had completely turned him inside out, and excited such a spirit of mirth that the knave whom he was uncovering, could not help joining in the merriment which the detection of his villany had produced.* Lord Norbury, however, when he saw Mr. Grady pushing the plaintiff to extremities, used to come to his aid, and rally the broken recollections of the wit- ness. This interposition called the defendant's counsel into stronger action, and they were as vigorously en- countered by the counsel on the other side. Inter- ruption created remonstrance; remonstrance called forth retort ; retort generated sarcasm ; and at length voices were raised so loud, and the blood of the forensic combatants was so warmed, that a general scene of confusion, to which Lord Norbury most amply con- tributed, took place. The uproar gradually increased till it became tremendous ; and, to add to the tumult, a question of law, which threw Lord Norbury's facul- ties into complete chaos, was thrown into the conflict. Mr. Grady and Mr. O'Connell shouted upon one side, Mr. Wallace and Mr. Gould upon the other, and at last, Lord Norbury, the witnesses, the counsel, the parties, and the audience, were involved in one uni- versal riot, in which it was difficult to determine * As a specimen of Mr. Harry Dcane Grady's Nisi Prius vein, the following, which O'Connell was fond of relating, is amusing. Cross- examining a sailor at Cork or Limerick, Grady addressed him : " You are a Swede, I believe ?" " Xo, I am not," replied the witness. " Well, what are you then ?" " I am a Dane." Grady turned to the jury Gentlemen, you hear the equivocating scoundrel Go sir." 102 SKETCHES OF tHE BAR. whether the laughter of the audience, the exclamations of the parties, the protestations of the witnesses, the cries of the counsel, or the bellowing of Lord Norbury, predominated. At length, however, his Lordship's superiority of lungs prevailed; and, like ^Eolus in his cavern, (of whom, with his puffed cheeks and inflamed visage, he would furnish a painter with a model,) he shouted his stormy subjects into peace.* These scenes repeatedly occurred during the trial, until at last both parties had closed, and a new exhi- bition took place. This was Lord Norbury's mono- logue, commonly called a charge. He usually began by pronouncing the loftiest encomiums upon the party in the action, against whom he intended to advise the jury to give their verdict. For this the audience were well prepared; and accordingly, after he had stated that the defendant was one of the most honourable men alive, and that he knew his father, and loved him, he suddenly came with a most singular emphasis, which he accompanied with a strange shake of his wig, to the fatal "but," which made the audience, who were in expectation of it, burst into a fit of laughter, while he proceeded to charge, as he almost uniformly did, in the plaintiff's favour. He then entered more deeply, as he said, into the case, and, flinging his judicial robe half aside, and sometimes casting off his wig, started from his seat, and threw off a wild harangue, in which neither law, method, nor argument could be discovered. It generally consisted of narra- tives connected with the history of his early life, which * A witness, being asked one day what his occupation was, answered that he kept a racket-court. " So do I," said Lord Norbury, puffing, and glancing at his " company." LORD NORBURY. 103 it was impossible to associate with the subject, of jests from Joe Miller, mixed with jokes of his own manu- facture, and of sarcastic allusions to any of the counsel who had endeavoured to check him during the trial. He was exceedingly fond of quotations from Milton and Shakespeare, which, however out of place, were very well delivered, and evinced an excellent enuncia- tion. At the conclusion of his charge, he made some efforts to call the attention of the jury to any leading incident which particularly struck him, but what he meant it was not yery easy to conjecture; and when he sat down, the whole performance exhibited a mind which resembled a whirlpool of mud, in which law, facts, arguments, and evidence, were lost in unfathom- able confusion. Some years ago, I remember, at the close of his charges a ludicrous incident, which was a kind of practical commentary, sometimes took place. A poor maniac, well known about the Hall, whose name was " Toby M'Cormick," had been a suitor in the Common Pleas, and had lost his senses in consequence of the loss of his cause. He regularly used to attend the Court, to which he was attracted by an odd fantasy : Toby had got it into his head that he was Lord Norbury him- self, having merged all consciousness of his own sepa- rate being in the strong image of his Lordship which was constantly present to his mind, while, upon the other hand, he took Lord Norbury for " Toby M'Cor- mick ;" believing that they had made a swap of their personal identities, and exchanged their existence. This strange madman, at the end of Lord Norbury' s charges, used to cry out, with some imitation of his manner, " Find for the plaintiff!" and though not intended as 104 SKETCHES OF THE BAR. a sarcasm upon his habits, yet it was so just a satire that Lord Norbury was half displeased, and, turning to Peter Jackson, exclaimed, " Jackson, turn Toby M'Cor- mick out of Court !" I feel that, in the portrait which I have endeavoured to draw of the late Chief- Justice of the Irish Common Pleas in presiding at the Nisi Prius sittings, I have not at all come up to my original. But to describe him in such a way as to match the reality, would be, perhaps, impossible. To conceive what he was, and his stupen- dous extravagances, it would have been necessary to see the " Oypioi' avro," and have witnessed the prodigy itself. It is no exaggeration to say, that as the wildest farce upon the stage never raised more laughter than his exhibitions from the bench, neither could any writer of dramatic drolleries, who should undertake to draw him, embody the substantial absurdity of his character in any fictitious representation. He might have defied O'Keefe himself; for although his law was like Lingo's Latin, yet I do not think that even O'Keefe's genius for extravagance could have done Lord Norbury justice. In his capacity of judge, sitting in full court, with his three coadjutors about him, he was almost as ludicrous as in his more tumultuous office of jester at Nisi Prius. I remember when the Court presented, in his person and in that of Judge Mayne, a most amusing and laughable contrast. Never was Rochefoucault's maxim, that " gravity is a mystery of the body to hide the defects of the mind," more strongly exemplified than in the solemn figure which sat for many years on Lord Norbury's left hand, in his administration of the law. By the profound stagnation of his calm and imperturb- able visage, which improved on Gratiano's description LOED NORBURY. 105 of a grave man, and not more in stillness than in colour resembled " a standing pool ;" by a certain shake of his head, which, moving with the mechanical oscillation of a wooden mandarian, made him look like the image of Confucius which is plastered on the dome of the Four Courts : by his long and measured sentences, which issued in tones of oracular wisdom from his dry and ashy lips ; by his slow and even gait, and his systematic and regulated gesture, Judge Mayne had contrived, when at the Bar, to impose himself as a great lawyer on the public. When he was made a judge, upon the day on which he for the first time took his seat, Mr. Keller, one of his contemporaries, and a bitter wag, v came into Court, and seeing him enthroned in his dig- nity, with his scarlet robes about him, leaned over the bar bench, and, after musing for some time, while he stretched out his shrewd sardonic face, muttered to himself, "Well, Mayne, there you are! there you have been raised by your gravity, while my levity still sinks me here/' This pragmatical personage, who was considered deep, while he was only dark and muddy, was fixed, as if for the purposes of contrast, beside Lord Norbury, but so far from diminishing the effect of his judicial drolleries, the vapid melancholy of the one brought the vivacity of his companion into stronger light. In truth, the solem- nity of Judge Mayne was nearly as comical as Lord Nor- bury's humour; and when, seeing a man enter the Court who had forgotten to uncover, Judge Mayne rose and said, " I see you standing there like a wild beast, with your hat on," the pomp of utterance, and the measured dignity with which this splendid figure in Irish oratory was enunciated, excited nearly as much 106 SKETCHES OP THE BAR. merriment as the purposed jokes and the ostentatious merriment of the chief of the Court. Nothing, not even Lord Norbury, could induce his brother judge to smile. His features seemed to have some inherent and natural incompatibility with laugh- ter, which the Momus of the bench could not remove. While peals rang upon peals of merriment, and men were obliged to hold their sides, lest they should burst with excess of ridicule, Judge Mayne stood silent, starch, and composed, and never allowed his muscles of rusty iron to give way in any unmeet and extrajudicial relax- ation. This union of the Allegro and Penseroso was invaluable to the seekers of fun in the Common Pleas, and it was with regret that the merry public were informed that Judge Mayne had been advised by his physicians to retire from the bench and take up his residence in France. He went, I understand, to Paris, where he used occasionally to walk, in the brilliant afternoons of that enchanting climate, in the garden of the Tuileries, and, Scott's Quentin Durward being then in vogue, Judge Mayne was taken for the spectre of Trois Echelles. The place of Judge Mayne was latterly supplied by a very able man and an excellent lawyer, Mr. Justice Johnson; and then a scene of a different character, but still exceedingly amusing, was afforded. Lord Nor- bury was now most unhappily situated, for he had Judge Fletcher upon one hand and Judge Johnson upon the other. The former was a man of an uncom- monly vigorous and brawny mind, with a rude but powerful grasp of thought, and with considerable acquirement, both in literature and in his profession. He was destitute of all elegance, either mental or exter- LORD NOBBUEY. 107 nal, but made up for the deficiency by the massive and robust character of his understanding. He had been a devoted "Whig at the bar, and hated Lord Norbury for his politics, while he held his intellect in contempt. Dissimulation was not among his attributes, and, as his indifferent health produced a great infirmity of temper, (for he was the converse of what a Frenchman defines as a happy man, and had a bad stomach and a good heart,) he was at no pains in concealing his disrelish lor his brother on the bench. Judge Johnson, who occu- pied the seat on Lord Norbury 's left hand, completed his misfortunes in juxtaposition. There is nothing whatever about Judge Johnson to^ be laughed at, although his bursts of temperament may sometimes provoke a smile; but, in adding to Lord Norbury^s calamities, he augmented the diversions of the court. He was less habitually atrabilarious than Judge Fletcher, whose characteristic was moroseness rather than irritability, but he had an honest vehemence and impetuosity about him, which, whenever his sense of propriety was violated, he could not restrain. When the Chief Justice, who was thus disastrously placed, was giving judgment (if the olla podrida which he served up for the general entertainment can be so called), the spectacle derived from the aspect of his brother judges, furnished a vast accession of amusement. Judge Fletcher, indignant at all the absurdity which was thrown up by Lord Norbury, and which bespattered the bench, began expressing his disgust by the character of bilious severity which spread over his countenance ; of which the main characteristic was a fierce sourness and a scornful discontent. Judge Johnson, on the other hand, endeavoured to conceal his anger, and, placing 108 SKETCHES OF THE BAR. his elbows on the bench, and thrusting his clenched hands upon his mouth, tried to stifle the indignation with which, however, it was obvious that he was begin- ning to tumefy. After a little while, a growl was heard from Judge Fletcher, while Judge Johnson responded with a groan. But, undeterred by any such gentle admonition, their incomparable brother, with a desperate intrepidity, held on his way. Judge Fletcher had a habit, when exceedingly dis- pleased, of rocking himself in his seat ; and, as he was of a considerable bulk, his swinging, which was known to be an intimation of his augmenting anger, was fami- liar to the Bar. As Lord Norbury advanced, the oscil- lations, accompanied with a deeper growling, described a greater segment of a circle, and shook the whole bench; while Judge Johnson, with his shaggy brows bent and contracted over his face, and with his eyes flashing with passion, used, with an occasional exclama- tion of mingled indignation and disgust, to turn himself violently round. Still, on Lord Norbury went ; until at length Judge Fletcher, by his pendulous vibrations, came with him into actual collision upon one side, and Judge Johnson, by his averted shrug, hit him on the shoulder upon the other, when, awakened by the simul- taneous shock, his lordship gave a start, and looking round the Bar, who were roaring with laughter at the whole proceeding, discharged two or three puffs ; and felicitating his brothers on their urbanity and good manners, in revenge for their contumelious estimate of his talents generally called on the tipstaff to bring him a judicial convenience, and turning to the wall of the court, retaliated from the bench for the aspersions which they had cast upon him. From one of these two for- LORD NORBURY. 109 midable commentators he was latterly relieved, and although Judge Johnson remained beside him, still, in the absence of Judge Fletcher as an auxiliary, he be- came latterly somewhat mitigated ; while Judge Moore, during the Chief Justice's legal expositions, did no more than intimate his feelings by a look of goodnatured commiseration ; and Judge Torrens turned a polite and fastidious smile, full of the gracefulness of the Horse Guards, upon his noble and learned brother.* Such was Lord Norbury as a judge. It remains to say a few words of him as a politician. It is almost unnecessary to state that with such intellectual endow^ ments he did not coincide with Grattan and Curran, and Plunket and Bushe, in the views which were taken by those inferior persons of the interest of their country, but that he agreed in principle and in feeling with Dr. Duigenan, Mr. Dawson, Sir George Hill, and the rest of the illustrious statesmen by whom the cause of ascendancy has been so firmly and so appropriately supported. Lord Norbury was an excellent and uniform Protestant. This was always well known in Ireland, but, his buffoonery having swollen up and concealed the other traits of his character, little notice was taken of his political predilections. It was, indeed, his habit to deliver orations to the grand jury upon the church and state on the home circuit ; and in reference to J. K. L., he often poured out a tirade against " Moll Doyle," one of the wild personifications of agrarian insurrection in * Judge Torrens, who is still on the bench, is brother of the late Sir Henry Torrens, who was for many years Adjutant-General and high in the favour of the late Duke of York. His influence was supposed to have materially helped the advancement of his relatives in Ireland both at the bar and in the church. 110 SKETCHES OF THE BAR. the south of Ireland ; * but, however indecorous these allusions were deemed in a Chief Justice, the people were so much accustomed to laugh at his lordship, that even where there was good cause for remonstrance, they could not be prevailed on to regard anything he did in a serious way. As " carte blanche" is given to Grimaldi, the public allowed Lord Norbury an unlimited licence ; and in law, politics, and religion, never placed any restraint upon him. At length, however, an event occurred which awakened the general notice ; and as there was another and a very obnoxious individual concerned, excited among the Roman Catholics universal indignation. Lord Norbury has been always remarkable for his frugality. He was in the habit of stuffing papers into the old chairs in his study, in order to supply the deficiency of horse-hair which the incumbency of eighty years had produced in their bottoms. At last, however, they became, even with the aid of this occasional supplement, unfit for use, and were sent by his Lordship to a shop in which old furniture was advertised to be bought and sold. An individual of the name of Monaghan got one of these chairs into his possession, and finding it stuffed with papers, drew them out. He had been a clerk in an attorney's office, and knew Mr. Saurin's handwriting. He perceived by the superscription of a letter, that it was written by the Attorney-General, and on opening it he found the following words addressed to a Chief Justice, and a going judge of assize, by the principal law officer of the Crown : * The letters J. K. L., the initials of James Kildare and Leighlin, formed the signature under the which the late eminent Roman Catholic prelate, Dr. Doyle, published a remarkable series of letters on the state of Ireland. LORD NORBURY. Ill "Dublin Castle, August 9. " I transcribe for you a very sensible part of Lord Ross's* letter to me. ' As Lord Norbury goes our cir- cuit, and as he is personally acquainted with the gentle- men of our county, a hint to him may be of use. He is in the habit of talking individually to them in his chamber at Philipstown ; and if he were to impress on them the consequence of the measure, viz., that how- ever they may think otherwise, the Catholics would, in spite of them, elect Catholic members, (if such were eligible,) that the Catholic members would then have the nomination of sheriffs, and, in many instances^ perhaps of the judges ; and the Protestants would be put in the back-ground, as the Protestants were formerly; I think he would bring the effect of the measure home to themselves, and satisfy them that * Lord Eoss, who advises Mr. Saurin to adopt the course which he so faithfully pursued, was once Sir Laurence Parsons, and was in the habit of speaking in the Irish House of Commons in favour of Emancipation. He was not only an orator, but a poet. In the appendix to the first volume of Wolfe Tone's Memoirs, a poem is inserted, which would have entitled him to the place of Laureat to the United Irishman. The following are the opening lines : " How long, Slavery ! shall thine iron mace Wave o'er this isle, and crouch its abject race ? Full many a dastard century we've bent Beneath thy terrors, wretched and content. ' What though with haughty arrogance of pride England shall o'er this long-duped country stride,' And lay on stripe on stripe, and shame on shame, And brand to all eternity its name : 'Tis right, well done, bear all and more, I say, Nay, ten times more, and then for more still pray ! What state in something would not foremost bo ? She tries for fame, thou for servility." A. 112 SKETCHES OF THE BAR. they could scarcely submit to live in the country if it were passed/ So far Lord Ross. But he suggests in another part of his letter, 'that if Protestant gentle- men, who have votes and influence and interest, would give these venal members to understand that if they will purchase Catholic votes by betraying their country and it sconstitution, they shall infallibly lose theirs ; it would alter their conduct, though it could neither make them honest or respectable/ If you will judiciously administer (//) a little of this medicine to the King's County, and other members of Parliament, that may fall in your way, you will deserve well. Many thanks for your letter, and its good intelligence from Mary- borough. Jebb is a most valuable fellow, and of the sort that is most wanted. "Affectionately and truly yours, "WILLIAM SAURIN." When this letter was first disclosed, it was vehemently asserted by Mr. Saurin's friends, that a man of his fame and constitutional principles could not have written it, and they alleged that it was a mere fabrication; but afterwards, when the handwriting was perceived to be indisputable, and the author of the letter did not dare to deny its authenticity, Mr. Peel, and the other advo- cates of Mr. Saurin, contented themselves with exclaim- ing against the mere impropriety of its production. From this ground of imputation they were, however, effectually driven by Mr. Brougham,* when he called to * Mr. Brougham laid a trap for Mr. Peel. The writer of this article was told, upon good authority, that he introduced Mr. Saurin's letter into the debate, in order to allure Mr. Peel into a censure of the use which had been made of it. The latter fell into the snare, and the moment he began LORD XORBURY. 113 the Minister's recollection, and especially to that of the Secretary for the Home Department, whom it chiefly concerned, the foul means adopted to get at evidence against the Queen. Since that time we have heard no more of the violation of all good feeling in the Catholics, when they availed themselves of a document in the handwriting of an Attorney-General, in order to establish the fact which had been frequently insisted on, that poison had been poured into the highest sources of jus- tice. The moral" indignation of Protestants has sub- sided, but they have not recovered from their astonish- ment, that a man so cautious and deliberate as Mr. Saurin, should have put himself in the power of such a person as Lord Norbury, and entrusted him with a communication, which has eventually proved so fatal to himself. . The discovery of this letter has been of use to Lord Norbury. "When his incompetence in his office was mentioned in Parliament, the Orange faction considered themselves bound by that principle of fidelity to each other, by which, to do them justice, they are charac- terised, to support a very zealous, if not a very respect- able partisan ; and accordingly Mr. Goulburn, with the effrontery which distinguished him, pronounced a pane- gyric on his judicial excellencies, and stated (to the great and just indignation of the other Judges of the Common Pleas) that in a difficult and complicated case he had evinced more knowledge and astuteness than any of them. To this encomium Mr. Peel, with all his to inveigh against the production of the letter, Mr. Brougham, who had been intently and impatiently watching him, slapped his knee, and cried, " I have him \" VOL. I. I 114 SKETCHES OF THE BAR. manliness, and although, he values himself on his refor- mation of the abuses of justice, gave his sanction. Lord Norbury, finding himself sustained by his party in the House of Commons, turned a deaf ear to all private solicitations, of which his resignation was the object. At length Mr. O'Connell presented a petition for his removal, setting forth, among other grounds, that he had fallen asleep during the trial of a murder case, and was unable to give any account of the evi- dence, when called on for his notes by the Lord Lieu- tenant.* Mr. Scarlett, to whom the petition was entrusted, did not move upon it, in consequence of a personal assurance from Mr. Peel, that he would do everything in his power to induce him, of his own accord, to retire. For although Mr. Peel ostensibly defended him as a friend and partisan, yet he was, in reality, ashamed of such an incubus upon the Bench. Lord Norbury at last went so far as to intimate that he would consult his friends on the subject, and required a reasonable time to do so, which was accordingly granted. After the lapse of a month, Mr. Goulburn called again to know the result of his deliberations, when his Lord- ship stated that Lord Combermere was his most parti- * In Mr. O'Connell's petition it was further stated, that in a case where six persons were on their trial, Lord Norbnry had also slumbered. The counsel for the prosecution requested the jury to take notes of the evidence, that they might inform the judge when he awoke ! It was in the conversation on this petition that Mr. Goulburn eulogized Lord Norbury's legal abilities. Mr. Peel seems to have only vouched for the purity of his judicial conduct (which was not impeached), adding that " he was proud to call the learned lord his friend." Mr. North, upon the same occasion, bore witness to the general truth of the allegations of Mr. O*Connell, but " not for worlds would he have brought the subject forward himself." LORD NORBURY. 115 cular friend, and that he had written to him at Calcutta.* Mr. Goulburn, finding himself thus evaded, and being conscious that he was as well qualified at eighty-six as he had ever been, (for no increased hallucination is per- ceptible about him,) was a good deal at a loss what to do. But suddenly Mr. Canning became Lord of the Ascendant ; and Lord Norbury, who never wanted sagacity, feeling that under the new system he could not expect the support of ministers, wisely came into terms ; and having stipulated for an earldom, as a considera- tion, resigned in favour of Lord Plunket, who, like an unskilful aeronaut, has made a bad descent into the Common Pleas. Thus had this man, without talent, or knowledge, or any thing to recommend him beyond his personal and animal spirit, to the favour of Government, raised himself to a high station on the Bench, which he en- joyed for seven and twenty years ; and now, laden with wealth, effects his retreat through a loftier grade of the peerage. He has accumulated an immense fortune, partly from the lucrative offices of which he was so long in the enjoyment, and partly through his rigid economy. I ought not, however, to omit that, parsi- monious as his habits are, still they do not prevent him from exercising the best kind of charity, for he is an excellent landlord. In his dealings with his in- feriors too, (I gladly avail myself of the opportunity of bestowing on him such praise as he deserves,) he is kind and considerate ; and towards his domestics is a * As this story is commonly told, Lord Norbury stated that he had also written for the advice of Sir E. Parry, who was then out upon one of his polar expeditions. I 2 116 SKETCHES OF THE BAR. gentle and forbearing master. In his deportment to the Bar, too, he was undeviatingly polite, and never forgot that he was himself a member of the profession, on which the recollection of every judge should forbid him to trample. In private society he is a most agreeable, although a very grotesque companion. He is not wholly destitute of literature; having a great memory, he is fond of repeating passages from the older poets, which he re- cites with propriety and force. Of modern authors he is wholly ignorant, nor is a new book to be found in his library. His study presents, indeed, a curious spectacle. In the centre of the room lies a heap of old papers, covered with dust, mingled with political pamphlets, written some forty years ago, together with an odd volume of the " Irish Parliamentary Debates," recording the speeches of Mr. Serjeant Toler. On the shelves, which are half empty, and exhibit a most " beggarly account," there are some forty moth-eaten law-books; and by their side appear odd volumes of " Peregrine Pickle," and " Roderick Random," with the "Newgate Calendar" complete. A couple of worn-out saddles, with rusty stirrups, hang from the top of one of the book-cases, which are enveloped with cobwebs ; and a long line of veteran boots, of mouldy leather, are arrayed on the opposite side of the room. King William's picture stands over the chimney-piece, with prints of Eclipse and other celebrated racers, from which his Lordship's politics and other predi- lections may be collected. He was a remarkably good horseman, and even now always appears well mounted in the streets. A servant, LORD NORBURY. 117 dressed in an ancient livery, rides close beside him; and by his very proximity and care, assists a certain association with loneliness which has begun to attend him. He has, in truth, assumed of late a very dreary and desolate aspect. When he rode to Court, as he did every day while a Judge, he exhibited, for his time of life, great alacrity and spirit ; and as he passed by Mr. Joy, whom he looked upon as his probable suc- cessor, putting spurs to his horse, he cantered rapidly along. But now "he is without occupation or pursuit, and looks alone in the world. His gaiety is gone, and when he stops an old acquaintance in the street to^ enquire how the world wags, his voice and manner exhibit a certain wandering and oblivion, while his face seems at once dull, melancholy, and abstracted. Sometimes he rides beyond Dublin, and is to be met in lonely and unfrequented roads, looking as if he was musing over mournful recollections, or approaching to a suspension of all thought. Not many days ago, on my return to town from a short excursion in the country, as the evening drew on, I saw him riding near a cemetery, while the chill breezes of October were beginning to grow bitter, and the leaves were falling rapidly from the old and withered trees in the adjoining church -yard. The wind had an additional bleakness as it blew over the residences of the dead ; and although it imparted to his red and manly cheeks a stronger flush, still, as it stirred his grey locks, it seemed with its wintry mur- murs to whisper to the old man a funeral admonition. He appeared, as he urged on his horse and tried to hurry from so dismal a scene, to shrink and huddle 118 SKETCHES OF THE BAR. himself from the blast. In anticipation of an event, which cannot be remote, (while I forgot all his political errors, and only remembered how often he had beguiled a tedious hour, and set the Four Courts in a roar ; ) I could not help muttering, as I passed him, with some feeling of regret, " Alas, poor Yorick I" 119 THE CATHOLIC BAR. [FPBEUAEY, 1827.] UPON the first day of last Michaelmas term eight gentlemen were called to the Bar, of whom four were Roman Catholics. This was a kind of event in the Hall of the Four Courts, and in the lack of any other matter of interest, produced a species of excitation. There are two assortments of oaths, one for Catholics, and another for Protestants, upon their admission to the Bar. The latter still enter their protestations, in the face of Lord Manners and of Heaven, against the damnable idolatry of the Church of Rome. But when the more mitigated oath provided for the Roman Catholics happens to be rehearsed on the first day of term, it is easy to perceive an expression of disrelish in the countenance of the Court ; and although it is impossible for Lord Manners to divest himself of that fine urbanity which belongs to his birth and rank, yet hi the bow with which he receives the aspiring papist, there are evident symptoms of constraint; and it is by a kind of effort even in his features that they are wrought into an elaborated smile. It does not fre- 120 SKETCHES OF THE BAR. quently happen that more than one or tvro- Roman Catholics are called in any single term; and when Lord Manners heard four several shocks given to the Constitution, and the Roman Catholic qualification- oath coming again and again upon him, it is not wonderful that his composure should have been dis- turbed, and that the loyal part of the Bar should have caught the expression of dismay. Mr. Serjeant Lefroy, alarmed at the repeated omissions of those pious denunciations of the Virgin Mary, by which the laws and liberty of these countries are sustained, in the very act of putting a fee into his pocket, lifted up his eyes to Heaven ; and it is rumoured that another letter to my Lord Norbury has been discovered, in which the writer protests his belief, that the Bar will soon be reduced to its condition in the reign of James the Second. In the reign of James the Second Roman Catholic barristers were raised to office ; and, as the time appears to be at hand when they will be rendered eligible by law to hold places of distinction and of trust, it is worth our while to examine in what way they conducted themselves when, in the short interval of their political prosperity, Roman Catholics were invested with autho- rity. Doctor King says, that "no sooner had the Papists got judges and juries that would believe them, but they began a trade of swearing and ripping up what they pretended their Protestant neighbours had said of King James, whilst Duke of York;" and proceeds to charge them with gross corruption in the administration of justice. The Doctor was Archbishop of Dublin. He had originally been a sizar in the university; and having afterwards obtained a fellow- THE CATHOLIC fiAR. 121 ship, gradually raised himself, by dint of sycophancy and intrigue, to one of the richest sees in the richest establishment in the world. Whether he exhibited all the arrogance of a Pontifical parvenu ; whether he was at once a haughty priest and a consecrated jackanapes ; whether he was a sophist in his creed, an equivocator in his statements, and a cobweb-weaver in his theology; whether he had a vain head, a niggard hand, and a false and servile heart, and betrayed the men who raised him, I have not been able to determine. He appears to have been an apostate in his politics. His representation of the conduct of the Catholic judges in his time is not without some episcopal characteristics, and justifies what Leslie says of him : " Though many things the archbishop says are true, yet he has hardly spoken a true word without a warp." The best and most incontrovertible evidence (that of Lord Claren- don, the Lord-Lieutenant, and a firm Protestant) can be adduced to show how widely the statements of Doctor King vary from the fact.* * The tract of Archbishop King alludal to was entitled The State of {he Protestants of Ireland under the late King James's Government, and published in 1691. Very different judgments were pronounced upon this book by eminent men. Burnet describes it thus : " So universally acknowledgcd to be as truly as it is finely written, that I refer my readers to the account of those matters which is fully and faithfully given by that learned and zealous prelate." Archbishop King's fame, however, does not rest upon his political treatises, but on his work DC Orijine Mali, which attracted the notice of all the philosophers of Europe, was criticised by Bayle, and pronounced by Leibnitz a work full of elegance and learning. The letters of King are among the most elegant of Swift's correspondence. By one, in which he counselled his friend to give up literary trifling, "look into Dr. Wilkins's heads of matters in his Gift of Preaching, select some serious subject, and manage it so as to be of use to the world," Swift was extremely and not unjustly offended. Had he 122 SKETCHES OP THE BAB. Lord Clarendon tells us that "when the Popish judges went to the assizes in the counties of Down and Londonderry, where many considerable persons were to be tried for words formerly spoken against King James, they took as much pains as it was possible to quiet the minds of the people wherever they went; and that they took care to have all the juries mingled, half English and half Irish." (State Letters, vol. i. p. 326.) " Judge Daly," he says, " one of the Popish judges, did, at the assizes of the county of Meath, enlarge much upon the unconscionableness of inditing men for words spoken so many years before; and thereupon the jurors, the major part of whom were Irish, acquitted them ;" and he adds, that, " Mr. Justice Nugent, another Popish judge, made the same decla- ration at Drogheda, where several persons were tried for words." Lord Clarendon further states, that he was in the habit of consulting Roman Catholics, who had been recently promoted, respecting the appoint- ment of mayors, sheriffs, and common-council men. "I advise," he says, "with those who are best ac- quainted in these towns, particularly with Justice Daly, and others of the King's council of that persuasion; and the lists of names these men give me are always equal, half English half Irish, which, they say, is the best way to make them unite and live friendly together." (State Letters, vol. ii. p. 319.) In the first volume of the State Letters, p. 292, he says, " At the council-board, there was a complaint proved against a justice of the peace ; and it is remark- written a character of the Archbishop, while smarting under his provoking candour, he could scarcely have been more bitter than Mr. Shell, with only an historical cause of irritation. THE CATHOLIC BAB. 123 able that several of our new Roman Catholic coun- sellors, though the justice was an Englishman and a Protestant, were for putting off the business; and particularly the three said Popish judges said, the gentleman would be more careful for the future." He adds that " when the Popish judges were made privy- counsellors, they conducted themselves with singular modesty," a precedent which I have no doubt that Mr. Blake will follow, when he shall be elevated to the vice-regal cabinet,* Of the Roman Catholics, who were promoted in the reign of James the Second, Sir Theobald Butler, of whom such frequent mention has been recently made in the House of Commons, was by far the most dis- tinguished. He was created Attorney-General, and discharged the duties of his office with perfect fairness and impartiality.f This very able, and, as far as renown can be obtained in Ireland, this celebrated * Mr. Blake, who held the office of Chief Remembrancer, and of whom some account will be found in another place, was introduced into the Irish Privy Council in 1837, and conducted himself as well there as the most " modest" of the Popish judges commended by Lord Clarendon. (See the papers on The State of Parties in Dublin.) The Government was slow in conferring on Roman Catholics the honours and appointments which the Emancipation Act made them capable of receiving. Five years after that measure was passed (in September, 1834), we find Lord Wellesley writing to the Minister of the day " I would also appoint some Catholics of distinctinction to the Privy Council. This would be a commencement which I can venture to assure your Lordship would be safe, and most satisfactory to the whole Catholic body of Ireland." Though Mr. Sheil calls the Privy Council " the Viceregal Cabinet," it is scarcely necessary to observe that the Council does not share the responsibilities of the Irish Administration with the Lord Lieutenant. Lord Wellesley's parody on " VEtat, c'ett moi," is well known " The Government, Sir ! I am the Government." t Butler was not Attorney- General : he was only Solicitor. 124 SKETCHES OF THE BAR. man, was not only without an equal, but without a competitor in his profession. Although the reputation of a lawyer is almost of necessity evanescent, yet such was the impression produced by his extraordinary abilities, that his name is to this day familiarly referred to. This permanence in the national recollection is in a great measure to be attributed to the very important part which he took in politics, and especially in the negotiation of the treaty of Limerick. His high rank, also, for he was a member of the great house of Ormond, added to his influence. As far as I have been able to form an estimate of his intellectual qualities, from such notices of him as occur in the writers of the time, and from the speech which he delivered at the bar of the Irish House of Commons, he was more remarkable for strength, brevity, con- densation, and great powers of argument, than for any extraordinary faculty of elocution. The speech to which I have adverted, has none of those embellish- ments of rhetoric, and those splendid vices in oratory, to which the school of Irish eloquence became subse- quently addicted. The whole of this oration is cast in a syllogistic mould, and exhibits too much logical apparatus. It was, I believe, the fashion of the time : still the vehemence of passion breaks through the artificial regularity of reasoning, and while he is proceeding with a series of propositions, systematically divided, the indignant emo- tions, which the injuries of his country could not fail to produce, burst repeatedly and abundantly out : in the midst of all the pedantic forms of scholastic disputation, Nature asserts her dominion; he gives a loose to anguish, and pours forth his heart. THE CATHOLIC BAR. 125 Sir Theobald Butler had not only been among the besieged Catholics at Limerick, but was employed by his countrymen to settle the articles of capitulation. His name appears on the face of the treaty as one of the parties with whom, on behalf of the Irish, it was con- cluded. When in the year 1703, only twelve years after the articles had been signed, a bill (the first link of the penal code) was introduced into parliament, the effect of which was utterly to abrogate those articles, the eyes of the whole nation were turned upon the man who had been instrumental in effecting that great nationaj arrangement. Independently of his great abilities as an advocate, he presented in his own person a more immediate and distinct perception of that injus- tice which was about to be exercised against the body of which he was the ornament, and to which his elo- quence now afforded their only refuge. In a book entitled "An Account of the Debates on the Popery Laws," it is stated that the Papists of Ireland, observing that the House of Commons was preparing the heads of a bill to be transmitted to England to be drawn into an act to prevent the growth of Popery, and having in vain endeavoured to put a stop to it there, at its remittance back to Ireland pre- sented to the House of Commons a petition praying to be heard by their counsel against the bill, and to have a copy of the bill, and to have a reasonable time to speak to it before it passed, when it was ordered that they should be heard. Upon Tuesday, the 22nd of February, 1703, Sir Theobald Butler appeared at the bar, and, with the treaty of Limerick in his hand, requested, on behalf of the Irish Roman Catholics, to be heard. It must have 126 SKETCHES OF THE BAR. been a very remarkable scene. Whether we consider the assembly to which the remonstrance was addressed, or the character and condition of the body on whose behalf it was spoken, whose leading nobles, and they were then numerous, stood beside their advocate at the bar of the House, we cannot but feel our minds im- pressed with a vivid image of a most imposing, and in some particulars a very moving spectacle. The first advocate of his time, who was himself a principal party in the cause which he came to plead, stood before a Protestant House of Commons; while below the bar were assembled about their counsel the heads, of the Roman Catholic aristocracy. The latter constituted a much more extensive and differently constituted class of men from those by whom they have been succeeded. They had been born to wealth and honour : they had been induced, by a sentiment of chivalrous devotion, to attach themselves to the fortunes of an unhappy prince. The source of their calamities was in a lofty sentiment. Almost all of them had been soldiers ; scarce a man of them but had carried harness on his back. They were actuated by the high and gallant spirit which belongs to the profession of arms. On the banks of the Boyne, on the hill of Aughrim, and at the gates of Limerick, they had given evidences of valour, which, although unavailing, was not the less heroic. They had been worsted, indeed ; but they had not been subdued : they had been accustomed to consider their priviliges as secured by a great compact, and in substituting the honour of England for the bastions of Limerick, they looked upon their liberties as protected by still more impregnable muniments. It is easy to imagine the dismay, the indignation, and THE CATHOLIC BAR. 127 the anguish with which these gentlemen must have seen a statute in rapid progress through the legislature, which would not only have the effect of violating the treaty of Limerick, and reduce them to a state of utter servitude, but, by holding out the estate of the father as a premium for the apostacy of the child, would inculcate a revolt against the first instincts of nature, and the most sacred ordinances of God. Their advocate, at least, saw the penal code in this light. " Is not this," he exclaimed, " against the laws of God and man, against the rules of reason and justice ; is not this the most effectual way in the world to make children become undutiful, and to bring the grey head of the parent to the grave with grief and tears ?" In speaking thus, he did no more than give vent to the feelings which, being himself a father, he must have deeply experienced ; and the heart of every parent whose cause he was pleading, must have been riven by their utterance. If there was something imposing in the sight of so many of the old Catholic nobility of Ireland, of so many gallant soldiers, gathered round their counsel in a group of venerable figures, (for most of those who had fought in the civil wars were now old,) the assembly to which they were come to offer their remonstrances must have also presented a very striking spectacle. The Irish House of Commons represented a victorious and trium- phant community. Pride, haughtiness, and disdain, the arrogance of conquest, the appetite of unsatisfied re- venge, the consciousness of masterdom, and the deter- mination to employ it, must have given this fierce and despotic convention a very marked character. Most of its members, as well as their Roman Catholic suppli- cants, had been soldiers; and to the gloom of Puritanism, 128 SKETCHES OF THE BAR. to which they were still prone, they united a martial and overbearing sternness, and exhibited the flush of victory on their haughty and commanding aspect.* To this day, there are some traces of lugubrious peculiarity in the descendants of the Cromwellian settlers in Ireland ; at the period of which I speak, the children of the pious adventurers must have exhibited still deeper gloom of visage, and a darker severity of brow. In addressing an assembly so constituted, and in surveying which an ordinary man would have quailed, Sir Theobald Butler had to perform a high and arduous duty. How must he have felt, when, advancing to the bar of the House, he threw his eyes around him, and be- held before him the lurid looks and baleful countenances of the Protestant conquerors of his country, and saw beside him the companions of his youth, the associates of his early life, many of them his own kindred, all of them his fellow-sufferers, clinging to him as to their only stay, and substituting his talents for the arms which he had persuaded them to lay down ! The men whom he had seen working the cannon at the batteries of Limerick, stood now with no other safeguard but his eloquence, at the mercy of those whom they had fought in the breach and encountered in the field. An orator of antiquity mentions that he never rose to speak upon an important occasion without a tremor: when the advocate of a whole people rose in the deep hush of expectation, and in all that thrilling silence which awaits the first words of a great public speaker, how must his heart have throbbed ! * We are reminded of the members of the " Legion Club," a quarter of a century later. THE CATHOLIC BAR. 129 Sir Theobald Butler's speech (I dwell thus long upon the subject, because the event which produced it has been attended with such important consequences, and the arguments of the Roman Catholic Barrister have lately excited a good deal of parliamentary notice,*) comprehends almost every reason which can be pressed against the enactment of the penal code, as a violation of public faith. He did not however confine himself to mere reasoning upon the subject, but made an attempt to touch the feelings of his Protestant auditors. He has drawn a strong and simple picture of the domestic effects of the penal code in the families of Roman Catholics, by transferring the estate of the father to his renegade son. " That the law should invest any man with the power of depriving his fellow-subject of his property would be a grievance. But my son my child the fruit of my body, whom I have nursed in my bosom, and loved more dearly than my life to become my plunderer, to rob me of my estate, to take away my bread, to cut my throat it is enough to make the most flinty heart bleed to think on it. For God's sake, gentlemen, make the case your own," &c.f * In the debate of 1825, on the motion of Sir Francis Burdett for a Committee on the Catholic Claims. He described the infraction of the Treaty of Limerick as " a dreary and disgraceful passage in the history of Ireland." In the discussion of 1828, Sir Francis went still more fully and elaborately into the question. f Extracts from Sir Theobald Butler's speech were given about a year ago in the Etoile newspaper, which in a series of articles on Ireland con- tributed to produce that calculation upon the feelings of the Roman Catholic body recently evidenced in the debates of the French parliament. The following is the translation of the passage referred to, which appeared in the Etoile : " Grand Dicu ! est-ce que cette loi feroce n'est pas une VOL. I. K 130 SKETCHES OF THE BAR. This adjuration exhibits no art of phrase, but it has nature, which, as was observed by Dryden of Otway's plays, is after all the greatest beauty. Those simple words, which contained so much truth, cannot be read without emotion ; but how far greater must have been their effect when uttered by a parent, who was lifting up his voice to protect the sanctuaries of nature against violation. In what tone must a father have exclaimed, "it would be hard from any man, but from my son, my child, the fruit of my body, whom I have nursed in my bosom ! " Surely in the utterance of this appeal, not by a mere mercenary artificer of passion, but by a man whom everybody knew to be speaking the truth, and whose trembling hands and quivering accents must have borne attestation to his emotions, the sternest and most resolved of his judges must have relented, and, reVolte centre la loi primitive de la nature, qni est gravee par Dien lui- im'-iur dans le coeur human i ? Un code qui donnerait a qui quo ce soit le droit detestable de me priver Acs mes biens k cause de ma croyance dans la religion de mes peres smut tyrannique et execrable. Mais inons fils, mon enfant, le fruit de mon propre corps, celui a qui j'ai donne une vie plus chere que la mienne, et qui porte mon sang dans son cceur ! que mon fils soit 1'instrument fatal de ce code de brigands, que ce soit lui qui me perce le sein, qui me plonge un poignard dans le coeur, qui me pousse avec mes chevaux blancs dans la tombe ! Vous Protestants que vous e'tes, montrez qne vous fites hommes, et songez que vous achetez des proselytes par des moyens qui font horreur & la nature, et dont la seule pens(?e fait navrer le cceur d'un p&re."* A. * The articles in the Etoile (afterwards the Gazette de Prance), were the productions of Mr. Sheil himself, who was an excellent French scholar, and wrote the language with ease and correctness. They attracted considerable attention in Paris, and had an important reaction upon the Government in England. ED. THE CATHOLIC BAR. 13] like the evil spirit at the contemplation of all the misery he was about to inflict, "for the time remained Of enmity disarmed." And if the hearts of the Protestant confiscators were touched, did not the tears roll down the faces of the unfortunate Catholics who stood by did they not turn to sob in the bosom of their children, and clasping them in their arms inquire, in the dumb eloquence of that parental embrace, " whether they would ever strike the poignard with which the law was about to arm them, into their breasts?" Their advocate did not, however, merely appeal to the sensibilities of his audi- tors, but swept his hand over strings by which a still deeper vibration must have been produced. He assumed a loftier and a bolder tone. He raised himself up to the full height of his mind, and appealing to the principles of eternal truth and justice, denounced the vengeance of Heaven on those who should be so basely perfidious as to violate a great and sacred com- pact; and was sufficiently courageous to remind a Protestant House of Commons that the treaty of Limerick had been signed, "when the Catholics had swords in their hands." This was a stirring sentence, and sent many a heart-thrilling recollection into the hearts of those to whom it was addressed. The prince of the conquerors must have started, and the conquered must have looked upon hands in which there were swords no more. It is recorded of an ancient orator, that he exercised over the minds of his hearers an influence so powerful, K 2 132 SKETCHES OF THE BAR. that his description of a battle was interrupted by the exclamation of a soldier who had been present at the engagement, and whom the spell of eloquence had carried back to the field. Even at this day, every reference to the siege of Limerick produces an extra- ordinary excitation in Roman Catholic assemblies ;* and if the descendants of those whose rights were secured by the treaty of Limerick, recur with indigna- tion to the incidents of that celebrated siege, to what a point of excitement must the gallant cavaliers by whom the advocate of the Irish nation was surrounded, have been wrought, when he, who was himself a party to that great national indenture, with that deep and solemn tone and that lofty gravity of demeanour for which he was remarkable, recalled the events in which almost every man who heard him had borne a conspicuous part. It is in the remembrance of such scenes that memory may be justly called "the actor of our passions o'er again." I do not think that I am guilty of any exaggeration when I say, that in appealing to the time when tha Roman Catholics had arms in their hands, the advocate of their rights and the representative of their emotions must have brought back many a martial recollection to the clients, in whose front he stood, and whose cause he was so emphatically pleading. The city, from which William at its first siege, with an army of thirty thousand men, had been driven back the fortress which art and nature had conspired to make strong, * On several occasions, during his career of agitation, Mr. Sheil availed himself powerfully of this exciting topic. THE CATHOLIC BAB. 133 and which valour and constancy would have rendered impregnable, must have risen before them. All the glorious circumstance incidental to their former occu- pation must have returned. The shout of battle, the roar of the cannon, the bloody fosse, the assault and the repulse, the devotion and abandonment with which whole regiments rushed through the gates, and preci- pitated themselves into imaginary martyrdom Sars- field upon the battlements, the green flag floating from the citadel, and the cry of " Help from France ! " these must have been among the recollections which were awakened by their advocate, while he appealed ta the time " when they had arms in their hands," and stood in the fire of their batteries, and not at the threshold of the House of Commons. But if the sentiment of martial pride was rekindled for an instant, how quickly it must have gone out, and how soon those emotions must have collapsed into despair. They must have known, for the countenances of their victors must have apprised them, that they had nothing to expect but servitude and all the shame that follows it ; and then indeed they must have mourned over the day, when at the head of a powerful army, in a strong fortification, with several garrison towns still in their possession, with a great mass of the population ready to rush again to the field, and with a French fleet freighted with arms and with troops in the Shannon, they had been induced, upon the faith of a solemn compact, to lay down their swords, and put their trust in the honour of the King and the integrity of his people. They must have cursed the day, when, instead of adding their bones to the remains of those 134 SKETCHES OF THE BAR. who lay slaughtered in the trenches of Limeriek, they survived to behold the Protestants of Ireland taking advantage of that fatal surrender, and in defiance of the most solemn compacts, in violation of a clear and indisputable treaty, not only excluding them from the honours and privileges of the state, but wresting their property from their hands, instituting a legalized ban- ditti of " discoverers," exciting their children into an insurrection against human nature, converting filial ingratitude into a merit, and setting up parricide as a newly-invented virtue, in the infernal ethics of the law. As Sir Theobald Butler had anticipated, (for he intimates it in an involuntary expression of despond- ency), his arguments were of little avail, and he lived long enough to see the penal code carried to its atro- cious perfection, and chain after chain thrown upon his country. He even survived an Act of Parliament by which Roman Catholics were excluded from the pro- fession in which he had earned fortune and renown. It is a common notion that he changed his religion in order to avert the evils which he so powerfully de- scribed; but I was informed by his grandson, Mr. Augustine Butler, that he died in the religion in which he had lived, and that his great estates became in con- sequence equally divisible among his children. He was interred in the churchyard of St. James's church in Dublin, where a huge but rather uncouth monument has been raised to his memory. His epitaph differs from most obituary panegyrics, by the adherence of encomium to truth. It is inscribed under a rude and now mutilated bust, and runs as follows : THE CATHOLIC BAH. 135 Designator hac effigie Theobaldus e gente Butlera Hibernus Juriscoiisultus Legum, Patriae, nominis decos Dignitate eqaestri donatus, uon auctus Causidicus Argntus, concinnus, integer Barbaric forensi, et vernacul disertus Non partium studio Non favoris aucupio Non verbornm lenocinio ' Sed rerum pondere Et ingenii vi insit4 Et legum scientia penitiori Pollens Quern lingua solera, illibata fides Comitate et sale multo condita gravitas Quern vitse tenor sincerus Et recti custos animus Legom recondita deproinere sagax Ad faincj fastigium evexere Fortunaeetiam, ni religio obstaret, facile evexissent. Obiit Septuagenarius XI Martii, 1720. Notwithstanding the exclusion of Roman Catholics from the Bar, the expedient which was adopted for the purpose does not appear to have been found effectual. A certificate of conformity was all that was required, and this certificate was so easily obtained, that the mem- bers of the obnoxious religion were still able to creep and steal into the profession. The letters of Primate Boulter, who governed Ireland for a considerable time, and whose simple maxim it was to keep Ireland divided, in order that her dependency might be secured, give us a very curious insight into the state of the Irish Bar in the year 1727. In a letter dated the 7th of March, 1727; he writes: "There is a bill gone over 136 SKETCHES OF THE EAR. to regulate the admission of barristers, attornies, six- clerks, solicitors, sub-sheriffs, &c. which is of the last consequence to this kingdom. The practice of the law, from the top to the bottom, is at present mostly in the hands of new converts, who give no further security on this account, than producing a certificate of their having received the sacrament in the Church of England or Ireland, which several of them, who were Papists in London, obtain in the road hither, and demand to be admitted barristers in virtue of it at their arrival, and several of them have Popish wives, and have mass said in their houses. Everybody here is sensible of the terrible effects of this growing evil, and both Lords and Commons are most eagerly desi- rous of this bill." Boulter's Letters, vol. i. p. 179. The horror entertained by his Grace of Dublin for barristers, whose better-halves were infected with Popery, appears ludicrous at this day. Doctor Boulter considered the division of allegiance at the Bar be- tween the law and the fair sex as highly dangerous to the security of the Established Church, and would have taken ' ' au pied de la lettre " what Lord Chesterfield said of the beautiful Lady Palmer,* that she was the * The writer of this article was acquainted with Lady Palmer, when she was upwards of one hundred years of age. The admiration which Lord Chesterfield is known to have entertained for this lady induced me to seek an introduction to her. Although rich, she occupied a small lodging in Henry-street, where she lived secluded and alone. Over the chimneypiece of the front drawing-room was suspended the picture of her platonic idolater. It was a half-length portrait, and had, I believe, been given to her by the man of whose adoration she was virtuously vain. I was engaged in looking at this picture, while I waited, on the day of my first introduction, for this pristine beauty of the THE CATHOLIC BAR. 137 only " dangerous Papist " he had ever seen in Ireland. I know not, however, whether the feeling by which Irish Court. While I gazed upon the picture of a man who united so many accomplishments of manner and of mind, and observed the fine intellectual smile, which the painter had succeeded in stealing upon ani- mated canvass, I fell into a somewhat imaginative strain of thought, and asked myself what sort of woman " the dangerous Papist" must have been, in whom the master of the graces had found such enchanting peril. " What a charm," I said, " must she have possessed, upon whose face and form those bright eyes reposed in illuminated sweetness, how soft and magical must have been the voice on whose whispers those lips have hung so often, what gracefulness of mind, what an easy dignity of deportment, what elegance of movement, what sweet vivacity of expres- ^ sion, how much polished gaiety and bewitching sentiment must have been united ! I had formed to myself an ideal image of the young, the soft, the fresh, the beautiful, and tender girl, who had fascinated the magician of so many spells. The picture was almost complete. The Castle in all its quondam lustre rose before me, and I almost saw my Lord Chesterfield conducting Lady Palmer through the movements of a minuet, when the door was slowly opened, and in the midst of a volume of smoke, which during my phantasmagoric imaginations had not inappropriately filled the room, I beheld hi her own proper person the being, in whose ideal crea- tion I had indulged in a sort of Pygmalian dream The opening of the door produced a rush of air, which caused the smoke to spread out in huge wreathes about her, and a weird and withered form stood in the midst of the dispersing vapour. She fixed upon me a wild and sorceress eye, the expression of which was aided by her attitude, her black attire, her elongated neck, her marked and strongly moulded but emaciated features. She leaned with her long arm and her withered hand of dis- coloured parchment upon an ivory-headed cane, while she stretched forth her interrogating face, and with a smile, not free from ghastliness, inquired my name. I mentioned it, and her expression, as she had been informed that I was to visit her, immediately changed. After the ordinary for- mulas of civility, she placed herself in a huge chair, find entered at once into politics. She was a most vehement Catholic, and was just the sort of person that Sir Harcourt Lees would have ducked for a rebel and a witch. Lord Chesterfield and the Catholic Question were the only subjects in which she seemed to take any interest. Upon the wrongs done to her country, she spoke not only with energy, but with eloquence, 138 SKETCHES OP THE BAR. Doctor Boulter was influenced, be wholly extinct. I do not mean to say that Lord Wellesley would object to a barrister on account of his "having a Popish wife, and mass said in his house;" but it is observable that of the three Catholic barristers who have been pro- moted under his Lordship's administration, by a strange matrimonial coincidence every one is married to a Protestant. The bill sent over by Primate Boulter was carried, and Catholics were effectually excluded from the Bar. From 1725 to 1793 lawyers earnestly and strenuously professed the doctrines of the State ; and although upon his death-bed many an orator of renown supplicated in a Connaught accent for a priest, yet his lady, whose gentility of religion was brought into some sort of question, and who would have considered, it as utterly derogatory to set up a widoVs cap to the memory of a relapsed Papist, either drowned the agonies of conscience in the vehemence of her sorrows, or slapped the door in and %vith every pinch of snuff poured out a sentence of sedition. " Steth, Sir, it is not to be borne," she used to exclaim, as she lifted her figure from the stoop of age, with her eyes flashing with fire, and struck her cane violently to the ground. Wishing to turn the conversation to more interesting matter, I told her I was not surprised at Lord Ches- terfield having called her " a dangerous Papist." I had touched a chord, which, though slackened, was not wholly unstrung. The patriot relapsed into the woman ; and passing at once from her former look and attitude, she leaned back in her chair, and drawing her withered hands together, while her arms fell loosely and languidly before her, she looked up at the picture of Lord Chesterfield with a melancholy smile. " Ah I" she said But I have extended this note beyond all reasonable compass. I think it right to add, after so much mention of Lady Palmer, that although she was vain of the admiration, of Lord Chesterfield, she took care never to lose Ids esteem, and that her reputation was without a blemish. THE CATHOLIC BAR. 139 the face of the intrepid Jesuit, who had adventured upon the almost hopeless enterprise of saving the soul of the expiring counsellor. The Bar gradually assumed a decidedly Protestant character; and although an occasional Catholic prac- tised as a conveyancer, yet none obtained any celebrity in the only department of the law from which Roman Catholics were not actually excluded. Indeed they held so low a place, that it appears to have been a kind of disrepute to have had anything to do with them ; and I remember, to have read, in the cause of Simpson against Lord Mountnorris, the deposition of a witness, who stated as a ground for impeaching a deed executed by the Earl of Anglesea, that it was drawn by a Papist. Roman Catholics were at this period excluded from the English, as well as from the Irish Bar ; but Booth, the great conveyancer, was a Roman Catholic, and, before the professors of his religion were admissible to the rank of counsel, Mr. Charles Butler, of Lincoln's-inn, had obtained great fame. In the year 1793 the great act for the relief of the Roman Catholics was passed. It was a piece of niggard and preposterous legislation; all, or nothing, should have been conceded. The effect of a partial enfran- chisement was to give the means of acquiring wealth, influence, intelligence, and power, and yet withhold the only legitimate means of employing them. The Roman Catholics were not admitted into, but brought within reach of, the constitution. They were still placed beyond the State, and were furnished with a lever to shake it. They obtained that external "point d'appui" from which thev have been enabled to exercise a , disturbing power. 140 SKETCHES OP THE BAR. The extension of the elective franchise to men who were at the same time declared to be ineligible to parliament, and the admission of Catholics to the Bar while they were denied its honourable rewards, are conspicuous instances of impolicy. The late Mr. George Ponsonby was strongly impressed with the im- prudence of allowing Roman Catholics to enter the race of intelligence, and yet shut up the goal.* He felt that the government were disciplining troops against themselves, and insisted on the absurdity of exciting ambition, and at the same time closing the avenues to its legitimate gratification. He saw that so far from con- ciliating the Roman Catholic body by so imperfect and lame a measure of relief, their indignation would rather be provoked by what was refused, than their gratitude be awakened by what was granted: desire would be inflamed by an approach to its object, while it was denied its natural and tranquillizing enjoyment. Mr. Ponsonby^s anticipations were well founded, and are going through a rapid process of verification. The first Roman Catholics who took advantage of the enabling statute, were Mr. Donnellan, Mr. Mac Kcnna, Mr. Lynch, and Mr. Bellew. Every one of those gentlemen (quod nota, as Lord Coke says in his occasional intimations to the Junior Bar) was provided for by Government. Mr. Donnellan obtained a place in the revenue; Mr. Mac Kenna wrote some very clever political tracts, and was silenced with a pension ; * Mr. George Ponsonby was Chancellor of Ireland under the "Talents'' Administration. He died in 1817. The argument drawn from the con- cessions of 1793 was never more happily put than by Mr. John Wilson Croker, in his tract entitled A Sketch of the State of Ireland, Past and Present, published anonymously in 1808. Few political pamphlets keep the shelf by virtue of their literary merit. This is one of the few. THE CATHOLIC BAR. 141 Mr. Lynch married a widow with a pension, which was doubled after his marriage; and Mr. Bellew is in the receipt of six hundred pounds a year, paid to him quarterly at the Treasury. The latter gentleman is deserving of notice. Whether I consider him as an individual, as the representative of the old Catholic aristocracy at the Bar, as a politician, a religionist, or a pensioner, I look upon this able, upright, starch, solemn, didactic, pragmatical, inflexible, uncompromising, obsti- nate, pious, moral, good, benevolent, high-minded, and exceedingly wrong-headed person, as in every way entitled to regard. 143 MR. WILLIAM BELLEW. [FEBBTJABY, 1827.] MR. WILLIAM BELLEW is a member of one of the most distinguished Roman Catholic families in Ireland. There was formerly a peerage attached to his name, which was extinguished in an attainder. A baronetcy was retained. His father, Sir Patrick Bellew, was a man of a high spirit, distinguished for his munificence, and that species of disastrous hospitality, by which many a fine estate was so ingloriously dismembered. He constituted a sort of exception among the Catholic gentry ; for at the time when that body sank under the weight of accumulated indignities, Sir Patrick .Bellew exhibited a lofty sense of his personal importance, and was sufficiently bold to carry a sword. Hi*? property descended to his eldest son, Sir Edward Bellew.* Mr. William Bellew, the barrister, who was his second son, was sent to the Anglo-Saxon university of Douay, from whence he returned with all the * Sir Edward was father of the present Lord Bellew, who, when Sir Patrick Bellew, represented the county of Lonth, and in 1838 was made a Privy Counsellor. The peerage was restored in 1848. 144 SKETCHES OF THE BAR. altitude of demeanour for which his father was" remark- able, but with a profound veneration for all constituted authorities, of whatever nature, kind, or degree, and with abstract tendencies to political submission, which are by no means at variance with a man's interests in Ireland. He was one of the first Roman Catholics called to the Bar, and I have understood from some of his contemporaries, that, as he represented the Catholic gentry, and was considered to take a decided lead in their proceedings, in his first appearance in the Four Courts he attracted much notice. His general bearing produced a sort of awe; and it was obvious that, as Owen Glendower says, "he was not in the roll of common men." His lofty person, his stately walk, his perpendicular attitude, the rectilineal position of his head, his solemnity of gesture, the deep and meditative gravity of his expression, his sustained and measured utterance, the deliberation of his tones, his self- collectedness and concentration, and that condensed, but by no means arrogant or overweening, look of superiority by which he is characterized, fixed an universal gaze upon him; and from the contrast between him, and the rapid, bustling, and airy manner of most of his brethren, excited a general curiosity. Heedless of observation, and scarcely conscious of it, the forensic aristocrat passed through the throng of wondering spectators, and as Horatio says of the Royal Dane, " with solemn march Went slow and stately by them." There was indeed something spectral in his aspect. The phantom of the old Catholic aristocracy seemed to MR. WILLIAM BELLE W. 145 have been evoked in his person, while the genius of Protestant ascendancy shrunk before its majestic apparition. All idea of checking "the growth of Popery" vanished in an instant at his sight ; the only man who could compete with him in longitude of dimen- sions being Mr. Mahaffy ; but that gentleman's stupen- dous length sat uneasily upon him, whereas the soul of the lofty Papist seemed to inhabit every department of his frame, and would have disdained to occupy any other than its sublime and appropriate residence. High as his port and demeanour were, they were wholly free from affectation. "With a great deal of pride he manifested neither insolence nor conceit. He looked far more dignified than authoritative; and although a strong expression of austerity was inscribed upon his countenance, it was by no means heartless or even severe. If I were a painter and were employed to furnish illustrations of Ivanhoe, I do not think that I could find a more appropriate model than Mr. Bellew for the picture of Lucas Beaumanoir. His visage is inexorable without fierceness; and many a time hath he been observed fixing his immitigable eye upon a beauty in the dock at the assizes of Dundalk, with that expression with which the Grand Master is represented to have surveyed the unfortunate Jewess. His friend Mr. Mac Kenna used to observe, that " if William Bellew saw a man hanging from every lamp-post down Capel Street, in his morning walk from Great Charles Street to the Four Courts, the only question he would ask would be whether they were hanged according to law?" Mr. Bellew came with signal advantages to the Bar. He was closely connected with the oldest and most VOL. i. L 146 SKETCHES OP THE BAR. opulent Roman Catholic families, and was employed as their domestic counsel. Their wills, their purchases, and marriage articles were drawn under his inspection. It was, I have heard, not a little agreeable to behold Mr. Bellew going through a marriage settlement, where an ancient Catholic family was to be connected with an inferior caste. In Ireland, as well as in the sister country, the pride of birth prevails among the Roman Catholic gentry beyond almost any other passion. As in England we find an universal diffusion of cousinship through the principal Catholic houses, so the ancient blood of the Catholics of the Pale lias been, by a similar process of intermarriage, earned through an almost uniform circulation. This pride of birth among the Catholic gentry, when excluded from political distinction, was perfectly natural. Having no field for the exercise of their talents, and without any prospect of obtaining an ascent in society through their own merits, they looked back to the achievements of their ancestors, and consoled themselves with the brilliant retrospect. While a young Irish Protestant threw himself into the field of politics, an Irish Catholic was left without the least scope for enterprise, and had scarce any resource, but to pace up and down the damp apartments of his family mansion, and to commune with the high plumed warriors of the Pale, who frowned in mouldering paint before him. The young ladies too were instructed to look with emulation on the composed visages of their grand-aunts, and to reverence the huge circumference of hoop in which their more sacred symmetries were encompassed and concealed. For a considerable time it was possible to maintain the dignity of the Roman ME. WILLIAM BELLE W. 147 Catholic families without any plebeian intercourse ; but at last the pressure of mortgages and judgments became too great, and it was requisite to save the estate at the expense of the purity of its owner's blood. After a struggle and a sigh, the head of an old Catholic house resigned himself to the urgency of circumstances, and yielded to the necessity of intermingling the vulgar stream, which had crept through the grocers and manufacturers of the Liberty,* with a current which, however pure, began to run low. A priest, a friend of the family, who, as matrimony is one of the seven sacraments, thinks himself in duty bound to promote so salubrious a rite, is consulted. He gives a couple of taps to his gold snuff-box, tenders a pinch to the old gentleman, protests that there are risks in celibacy, that it is needful to husband the con- stitution and the estate, and observing that the young squire, though a little pale, is a pretty fellow, puts his finger to his nose, and hints at a young damsel in New- row (a penitent of his reverence, and a mighty good kind of young woman, not long come from the Cork convent), with ruddy cheeks, and vigorous arms, a robust waist and antigallican toes. The parties are brought together. The effect of juxtaposition is noto- rious : most of my readers know it by experience. The young gentleman stutters a compliment, the heart of the young lady and her wooden fan are in a flutter ; the question is popped. The old people put their heads * A manor of the Earls of Meath in the city of Dublin ; formerly, like Spitalfields, the seat of a thriving silk manufacture, now a poor and dilapidated faubourg. New Row, mentioned lower down, is a street in the district. In the paper entitled The Tabinet Sail, the author has graphically described the miseries of " the Liberty." L 2 148 SKETCHES OF THE BAR. together. Consideration of the marriage, high blood, and equity of redemption upon one side; and rude health and twenty thousand pounds on the other. The bargain is struck ; and to ensure the hymeneal nego- tiation, nothing remains but that Counsellor Bellew should look over the settlements. Accordingly, a Galway attorney prepares the draft marriage settlement, with a skin for every thousand, and waits on Mr. Bellew. Laying thirty guineas on the table, and thinking that upon the credit of such a fee he may presume to offer his opinion, he com- mences with an ejaculation on the fall of the good old families, until Mr. Bellew, after counting the money, casts a Caius Marius look upon him, and awes him into respect. He unrolls the volume of parchment, and the eye of the illustrious conveyancer glistens at the sight of the ancient and venerable name that stands at the head of the indenture. But as he advances through the labyrinth of limitations, he grows alarmed and disturbed, and on arriving at the words " on the body of the said Judy Mac Gilligan to be begotten," he drops his pen, and puts the settlement away, with something of the look of a Frenchman, when he inti- mates his perception of an unusually bad smell. It is only after an interval of reflection, and when he has recalled the fiscal philosophy of Vespasian, that he is persuaded to resume his labours, but does not com- pletely recover his tranquillity of mind, until turning the back of his brief, he marks that most harmonious of all monosyllables " paid/' at the foot of the consola- tory stipend. No man at the Bar is more exact, careful, technical, and expert in conveyancing than Mr. Bellew. He at ME. WILLIAM BELLEW. 149 one time monopolized the whole Catholic business. Nor was it to the Roman Catholic body that his repu- tation as a lawyer was confined. He deservedly ob- tained a very high character with the whole public for the extent of his erudition, his familiar knowledge of equity and of the common law, the clearness of his statements, the ingenuity and astuteness of his rea- soning, and for that species of calm and deliberative elocution which is of such importance in the Court of Chancery. I look upon Mr. Bellew as a man who has most grievously suffered by his exclusion from the inner bar, from which nothing but his religion could have kept him. It was in the Court of Chancery that his business lay almost entirely ; and in that court it is absolutely necessary to have a silk gown, in order to be listened to with ordinary attention. The reason is this : not that the Chancellor pays no respect to any individual who is not in silk attire, but because the multitude of King's Counsel who precede a lawyer in a stuff gown of neces- sity exhaust the subject, and leave him the lees and dregs of the case. Mr. Bellew has lived to see his inferiors in talent and in knowledge raised above his head, and it is now his doom, at the end of a cause, to send his arguments like spent shot, after the real con- test has been decided, and the hot fire is over. His situation would be very different indeed, if it were his office to state cases, and open important motions, for which no man is more eminently qualified. The whole Bar feel that he labours under a great hardship in this particular, for which a pension of 600J. a-year affords a very inadequate compensation. Mr. Bellew's pension of 600/. has effectually excluded him 150 SKETCHES OF THE BAK. from all useful interference in Roman Catholic affairs; for whenever he opposes a popular measure, it is suffi- cient to refer to his salary at the Castle, in order to excite the popular feeling against him. He has, how- ever, upon this subject been a good deal misrepresented, and it is only an act of justice to him to state the facts. The Catholic aristocracy supported the Union. They were led astray by a promise from Lord Cornwallis, and by such an intimation from Pitt as induced him to resign. I do not intend to discuss the merits of the question, but can readily conceive that many a good man might have advocated the measure, without earning for his motto, " Vendidit hie auro patriam." I am fully convinced, from what I know of the honourable cast of Mr. Bellew's mind, that he never did promote the measure from any sordid views to his own interest. Lord Castlereagh was well aware of the importance of securing the support of the leading Roman Catholic gentry, and the place of assistant barrister was promised to Mr. Bellew. Whether the promise was made before or after the Union, I am not aware ; nor is it of con- sequence, excepting we adopt the scholastic distinction of Father Foigard,* in his argumentative assault upon Cherry's virtue: "If it be before, it is a bribe; if it be after, it is only a gratification." At all events, I am convinced that Mr. Bellew did nothing at variance with honour and conscience from any mercenary con- sideration. The place of assistant barrister became vacant : Lord Castlereagh was reminded of his engage- ment, when, behold ! a petition signed by the magis- * The Irish priest in the Beaux Stratagem, who was " educated hi Prance but boned in Brussels." MR. WILLIAM BELLEW. 151 trates of the county, to which Mr. Bellew was about to be nominated, is presented to the Lord Lieutenant, praying that a Roman Catholic should not be appointed to any judicial office, and intimating their determina- tion not to act with him. The government were a good deal embarrassed by this notification ; and in order at once to fulfil the spirit of their contract, and not to give offence to the Protestant magistrates, a pension equivalent to the salary of a chairman was given to Mr. Bellew, and he was put in the enjoyment of the fruits of the office, without the labour of cultivation. That it was reprehensible on the part of the Irish government, to tax the people with an additional pen- sion, out of a miserable dre.ad of irritating a few Pro- testant gentlemen, cannot, I think, be questioned : and but few persons will be inclined to attach any great blame to Mr. Bellew for having accepted of this com- pensation. It would be very idle, however, to enter into any explanation upon these subjects with the Roman Catholic body, among whom the very name of pen- sioner, connected as it is with all sorts of back-door and postern services at the Castle, carries a deep stigma. No matter how well Mr. Bellew may argue a point at a Catholic assembly ; no matter how cogent and con- vincing his arguments may be in favour of a more calm and moderate tone of proceedings; the moment Mr. O'Connell lifts up his strong arm, and with an ejacula- tion of integrity " thanks his God that he is not a pensioner ! " all the Douay syllogisms of Mr. Bellew vanish at the exclamation, and yells and shouts assail the retainer of government from every side. Had he the eloquence of Demosthenes, the clinking of the gold would be heard amidst the thunder. 152 SKETCHES OF THE BAR. Yet I entertain no doubt that Mr. Bellew has not, in his political conduct, been actuated by any mean and dishonest motive. I utterly dissent from him in his views, principles, and opinions; but I believe that he is only acting in conformity with impressions received at a very early period, which his education and habits tended not a little to confirm. His first opinions were formed at a period when the Roman Catholic aristo- cracy was actuated by a spirit very different from that which it has lately evinced. Much condemnation has been attached to that body for their want of vigour in the conduct of Catholic affairs. But allowances ought to be made for them. The penal code had after a few years ground the gentry almost to powder. They lived in a state of equal terror and humiliation. From their infancy they were instructed to look upon every Pro- testant with alarm; for it was in the power of the meanest member of the privileged class to file a bill of discovery, and strip them of their estates. At their ordinary meals, they must have regarded their own children with awe, and felt they were at their mercy. Swift represents the whole body as little better than hewers of wood and drawers of water. The complication of indignities to which they were exposed must necessarily have generated bad moral influences ; and accordingly we find in their petitions and remonstrances a tone of subserviency at which their descendants would blush. Even after the penal code was relaxed, and they were restored to the rank of citizens, they preserved the attitude of humility to which they had been accustomed ; and when the load which they had carried so long was taken off, they retained a stoop. At length, however, they stand erect in their MR. WILLIAM BELLEW. 153 country; and with very few exceptions, exhibit the same spirit as the great mass of the people. Lord Fingall, though prevented by his health from taking an active part in public affairs, gives evidence of his assent to the bold and vigorous course of measures adopted by the body, of which he is the hereditary head, by the presence of his son. The latter, Lord Killeen, manifests as much energy and determination as he does sound sense and admirable discretion. Lord Gormanstown has thrown himself M r ith enthusiasm into the national cause, and feels the injuries of his country with a deep and indignant sensibility ; and even Lord Kenmare, whose love of retirement excludes him from " the bustle of public meetings, lends to the Catholic Asso- ciation the authority of his name, and shows that the spirit of patriotism has penetrated the deep woods of Killarney, in which his lordship and his excellent lady (the sister of Mr. Wilmot Horton) are connubially em- bowered. I should not omit to add, that Sir Edward Bellew and his son, who is a young man of very con- siderable abilities, and likely to make a distinguished figure, displayed during the late election for the county of Louth great public spirit, energy, and determi- nation.* But amidst this almost universal change in the general temperature of the country, amidst this general ascent of the mercurial spirit of the people, Mr. William Bellew remains at zero. Not the smallest influence is perceptible in the cold rigidity of his opinions. True to the doctrine of non-resistance, he brings up in its sup- port, the whole barbarous array of syllogistic forms * The son of Sir Edward alluded to is the present Lord Bellew. 154 SKETCHES OF THE BAR. with which his recollections of Douay can supply him. It is in vain that the rapid progress of the Catholic cause is urged against him : you appeal in vain to the firmness, union, and organization of the people, which have been effected through the Catholic Association : the insurrection of the peasantry against their land- lords, and the consequent sense of their own rights with which they have begun to be impressed, are treated with utter scorn by this able dialectician, who meets you at every step with his major drawn from religion, and his minor derived from passive obedience, and dis- perses your harangue with his peremptory conclusion. Nor is it to speculation that he confines his innate reverence for the powers that be ; for after the dissolu- tion of the old Roman Catholic Association by an Act of Parliament, when an effort was making to raise another body out of its ruins, of his own accord Mr. Bellew gratuitously published a letter, in the public journals, to demonstrate to the Attorney- General that it would be legal to put it down. In this view Mr. Plunket does not appear to have concurred. Notwithstanding the censure which I have intimated of Mr. Bellew's political tendencies and opinions, I repeat, and that sincerely and unaffectedly, that I en- tirely acquit him of all deliberate corruption. His private life gives an earnest of integrity which I cannot question. It is, in all his individual relations in society, deserving of the most unqualified encomium. It would be a deviation from delicacy, even for the purposes of praise, to follow Mr. Bellew through the walks of private life. Suffice it to say, that a more generous, amiable, and tender-hearted man is not to be found in his pro- ME. WILLIAM BELLEW. 155 fession ; and underneath a frozen and somewhat rugged surface, a spring of deep and abundant goodness lives in his mind. If in the hasty writing of the present sketch, I have allowed grotesque images in connexion with Mr. Belles to pass across my mind, I have " set down naught in malice;" and if I have ventured on a smile, that smile has not been sardonic. In addition to the other qualities of Mr. Bellew for which he merits high praise, I should not omit his sincere spirit of religion. He is one those few who unite with the creed of the Pharisee the sensi- bilities of the Samaritan. Mr. Bellew is a devout and unostentatious Roman Catholic, deeply convinced of the truth of his religion, and most rigorous in the prac- tice of its precepts. The only requisite which he wants to give him a complete title to spiritual perfection, is one in which some of his learned brethren are not deficient ; and it cannot be said that he " has given joy in heaven," upon the principle on which so many barristers have the opportunity of administering to the angelic transports. One of the results of his having been always equally moral and abstemious as at present is, that his dedication to religion attracts no notice. If another barrister receives the sacrament, it is bruited through town; and at all the Catholic parties, the ladies describe with a pious minuteness the collected aspect, the combined expression of penitence and humility, the clasped hands, and the uplifted eyes of the counsellor; while the devout Mr. Bellew, who goes through the same sacred exercise, passes without a comment. In truth, I should not myself know that Mr. Bellew was a man of such strong religious addictions, but for an incident which put me upon the inquiry. Upon 156 SKETCHES OF THE BAR. Ash-"Wednesday it is the practice among pious Catholics to approach the altar ; and while he repeats in a solemn tone, " Remember, man, that thou art dust," with the ashes which he carries in a vase the priest impresses the foreheads of those who kneel before him with the sign of the cross. Some two or three years ago, I recollect the court was kept waiting for Mr. Bellew, and the Master of the Rolls began to manifest some unusual symptoms of impatience, when at last Mr. Bellew entered, having just come from his devo- tions ; and such was his haste from the chapel, that he had omitted to efface the " memento mori" from his brow. The countenance of this gentleman is in itself sufficiently full of melancholy reminiscences ; but when the Master of the Rolls, raising his eyes from a notice which he was diligently perusing, looked him full in the face, he gave an involuntary start. The intimation of judicial astonishment directed the general attention to the advocate; and traced in broad sepulchral lines, formed of ashes of ebony in the very centre of Mr. Bellew's forehead, and surmounted by an ample and fully powdered wig, appeared the black and appalling emblem. The burning cross upon the forehead of the sorcerer in "The Monk," could not have produced a more awful effect. The Six Clerks stood astonished : the Registrar was petrified ; and while Mr. Driscol ex- plained the matter to Mr. Sergeant Lefroy, Sir William M'Mahon, with some abruptness of tone, declared that he would not go beyond the motion. 157 MR. O'LOGHLEN. [APEH,, 1828.] " COUNSELLOR O'LOGHLEN, my motion is on in the Rolls!" "Oh, Counsellor, Fm ruined for the want of you in the Common Pleas!" "For God's sake, Counsellor, step up for a moment to Master Townsend's office ! " " Counsellor, what will I do without you in the King's Bench ! " " Counsellor O'Loghlen, Mr. O'Grady is carrying all before him in the Court of Exchequer ! " Such were the simultaneous excla- mations, which, upon entering the Hall of the Four Courts, at the beginning of last term, I heard from a crowd of attorneys, who surrounded a little gentleman, attired in a wig and gown, and were clamorously con- tending for his professional services, which they had respectively retained, and to which, from the strenuous- ness of their adjurations, they seemed to attach the utmost value. Mr. O'Loghlen stood in some suspense in the midst of this riotous competition. While he was deliberating to which of the earnest applicants for his attendance he should addict himself, I had an opportunity to take 158 SKETCHES OF THE BAR. notes of him. He had at first view a very juvenile aspect. His figure was light his stature low, but his form compact, and symmetrically put together. His complexion was fresh and healthy, and intimated a wise acquaintance with the morning sun, more than a familiarity with the less salubrious glimmerings of the midnight lamp. His hair was of sanded hue, like that of his Danish forefathers, from whom his name (which in Gaelic signifies Denmark), as well as his physiognomy, intimates his descent. Although at first he appeared to have just passed the boundaries of boyhood, yet upon a closer inspection all symptoms of puerility disappeared. His head is large, and, from the breadth and altitude of the forehead, denotes a more than ordinary quantity of that valuable pulp, with the abundance of which the intellectual power is said to be in measure. His large eyes of deep blue, although not enlightened by the flashings of constitutional vivacity, carry a more professional expression, and bespeak caution, sagacity, and slyness, while his mouth exhibits a steadfast kindliness of nature, and a tran- quillity of temper, mixed with some love of ridicule, and, although perfectly free from malevolence, a lurk- ing tendency to derision. An enormous bag, pregnant with briefs, was thrown over his shoulder. To this prodigious wallet of litigation on his back, his person presented a curious contrast. At the moment I surveyed him, he was surrounded by an aggregate meeting of attorneys, each of whom claimed a title paramount to "the Counsellor," and vehemently enforced their respective rights to his exclusive appropriation. He seemed to be at a loss to determine to which of these amiable expostulators MR. O'LOGHLEN. 159 his predilections ought to be given. I thought that he chiefly hesitated between Mr. Richard Scott, the pro- tector of the subject in Ennis, and Mr. Edward Hickman, the patron of the crown upon the Connaught circuit. Ned, a loyalist of the brightest water, had hold of him by one shoulder, while Dick, a patriot of the first magnitude, laid his grasp upon the other. Between their rival attractions, Mr. O'Loghlen stood with a look, which, so far from intimating a wish that either of "the two charmers " should be away, ex- pressed regret at his inability to apportion himself, between these fascinating disputants for his favours. Mr. Scott, whose countenance was inflamed with anxiety for one of his numerous clients, exhibited great vehemence and emotion. His meteoric hair stood up, his quick and eager eye was on fire, the indentations upon his forehead were filled with perspiration, and the whole of his strongly Celtic visage was moved by that honourable earnestness, which arises from a solicitude for the interest of those who intrust their fortunes to his care. Ned Hickman, whose countenance never relinquishes the expression of mixed finesse and drollery for which it is remarkable, excepting when it is laid down for an air of profound reverence for the Attorney- General, was amusingly opposed to Mr. Scott; for Ned holds all emotion to be vulgar, and, on account of its gentility, hath addicted himself to self-control. Mr. O'Loghlen, as I have intimated, seemed for some time to waver between them, but at length Mr. Hick- man, by virtue of a whisper, accompanied by a look of official sagacity (for he is one of the crown solicitors), prevailed, and was carrying Mr. O'Loghlen off in triumph, when a deep and rumbling sound was heard 160 SKETCHES OF THE BAR. to issue from the Court of Exchequer, and shortly after, there was seen descending its steps, a form of prodi- gious altitude and dimensions, in whose masses of corpulency, which were piled up to an amazing height, I recognized no less eminent a person than Bumbo Green. He came like an ambulatory hill. This enormous heap of animation approached to put in his claim to Mr. O'Loghlen. Bumbo had an action, which was to be tried before Chief Baron O'Grady, against the pro- prietor of the mail-coach to Ennis, for not having provided a vehicle large enough to contain him. Mr. O'Loghlen was to state his case. Bumbo had espied the capture which Ned Hickman had made of his favourite counsel. It was easy to perceive, from the expression of resolute severity which sat upon his vast and angry visage, that he was determined not to acquiese in this unwarrantable proceeding. As he advanced, Ned Hickman stood appalled, and, conscious of the futility of remonstrance, let loose the hold which he had upon the Counsellor, while the latter, with that involuntary and somewhat reluctant, but inevitable submission, which is instinctively paid to great by little men, obeyed the nod of his enormous employer, and, with the homage which the Attorney-General for Lilliput might be supposed to entertain for a solicitor from Brobdignag, passively yielded to the dominion, and followed into the Exchequer the gigantic waddle of Bumbo Green. But a truce to merriment. The merits of Mr. O'Loghlen, with whom I open this continuation of the Sketches of the Catholic Bar, are of a character which demand a serious and most respectful considera- ME. O'LOGHLEN. 161 tion. He is not of considerable standing, and yet is in the receipt of an immense income, which the most jealous of his competitors will not venture to insinuate that he does not deserve. He is in the utmost demand in the Hall of the Four Courts, and is amongst the very best of the commodities which are to be had in that staple of the mind. He is admitted, upon all hands, to be an excellent lawyer, and a master of the practice of the courts, which is of far greater import- ance than the black and recondite erudition to which so many barristers exclusively devote so many years of unavailing labour. The questions to which deep learning is applicable, are of unfrequent occurrence, while points connected with the course and forms of legal proceeding, arise every day, and afford to a barrister, who has made them his study, an opportunity of rendering himself greatly serviceable to his clients. It is not by displays of research upon isolated occasions, that a valuable and money-making reputation is to be established. " Prac- tice," as it is technically called, is the alchemy of the Bar. When it is once ascertained that a lawyer is master of it, he becomes the main resource of attorneys, who depend upon him for their guidance through the mazes of every intricate and complicated case. Mr. O'Loghlen has Tidd at his fingers' ends, and is, besides, minutely acquainted with that unwritten and traditional practice which governs Irish justice; and which, not having been committed to books, is acquired by an unremitting attention to what is going on in court. It is not to be considered, from the praise bestowed upon Mr. O'Loghlen in this most important and most VOL. i. M 162 SKETCHES OP THE BAR. useful department of his profession, that he does not possess other and very superior qualifications. He is familiar with every branch of the law, and has his knowledge always at command. There are many whose learning lies in their minds, like treasure in rusty coffers which it is a toil to open, or masses of bullion in the vaults of the Bank of Ireland, unfit for the purposes of exchange, and difficult to be put into circulation. Mr. O'Loghlen bears his wealth about him, he can immediately apply it, and carries his faculties like coined money "in numerato habet." He is not a maker of sentences, and does not impress his phrases on the memory of his hearers ; but he has what is far better than what is vulgarly designated as eloquence. He is perfectly fluent, easy, and natural. His thoughts run in a smooth and clear current, and his diction is then* appropriate channel. His percep- tions are exceedingly quick, and his utterance is, there- fore, occasionally rapid ; but although he speaks at times with velocity, he never does so with precipitation. He is extremely brief, and indulges in no useless ampli- fication. There is not the smallest trace of affectation in anything which he either does or says, and it is sur- prising with what little appearance of exertion he brings all the powers of his mind into play. His points are put witli so much brevity, simplicity, and clearness, that he has, of necessity, become a great favourite with the Judges, who give him a willing audience, because he is sure to be pertinent and short ; and having said all that is fitting to be said, and no more, has immediately done. He is listened to the more readily, because he is apparently frank and artless, but he merely puts on a MR. O'LOGHLEN. 163 show of candour, for few possess more suppleness and craft. No man adapts himself with more felicity to the humours and the predispositions of the judges whom he addresses. Take, for example, the Exchequer, where both on the law and equity sides of the Court, he is in immense business. He appeals to the powerful under- standing, and sheer common sense of Standish O'Grady, in whom Rhadamanthus and Sancho Panza seem com- bined. He hits the metaphysical propensities of Baron Smith with a distinction, in which it would have puzzled St. Thomas Aquinas, without the aid of inspiration, to detect a difference: when every other argument has failed with Baron M f Cleland, he tips him the wink, and pointing with his thumb to the opposite attorney, suggests the merits of the client, by a pantomimic reference to those of his representative : and with the same spirit of exquisite adaptation, plunges into the darkest abysses of black-letter erudition with Baron Pennefather, and provokes his Lordship into a citation from the Year-books in Tipperary French.* Mr. O'Loughlen is a native of Clare. I had at first, and before I had made more minute inquiries, conjec- tured from the omega in his name, that he must be lineally descended from some of the ancient monarchs of Ireland, or be at least collaterally connected with one of the Phenician dynasties. Upon investigation, however, I discovered that " the big O," the celebrated object of royal antipathy, was but a modern annexation ; and that, as I have already intimated, Mr. O'Loghlen is of a Danish origin. It has often been observed that the face of some remote progenitor reappears, after the * Of the three Judges of the Irish Exchequer here mentioned, only the last, Baron Pennefather, survives. M 2 164 SKETCHES OF THE BAR. lapse of centuries, in his progeny; and in walking through the halls of ancient families, it is surprising sometimes to see, in the little boy who whips his top beside you, a transcript of some old warrior who frowns in armour on the mouldering canvass above your head. There is preserved among the O'Loghlens a picture of their ancestor. He was a captain in the Danish navy. The likeness of this able cruiser off the Irish coast to the Counsellor is wonderful. He was a small, square, compact, and active little fellow, with great shrewdness and intelligence of expression. Domestic tradition has preserved some traits of his character, which show that the mind, as well as the face, can be preserved during ages of unimpaired transmission to the last. He was remarkable for his skill as a navigator. Not a pilot in all Denmark worked a ship better. He sent his light and quick-sailing galley through the most in- tricate quicksands. His coolness and self-possession never deserted him, and in the worst weather he was sure to get into port. He generally kept close to the shore, and seldom sailed npon desperate adventures. Remarkable for his talent in surprising the enemy, and stealing into their creeks and harbours, he would unex- pectedly assail them, and carry some rich prize away. The descendant of this eminent cruiser works a cause upon the same principles as his ancestor commanded a ship. He holds the helm with a steady and skilful hand, and shifts his sails with the nicest adaptation to every veering circumstance that occurs in his course. Sometimes, indeed, he goes very close to the wind, but never misses stays. I scarcely ever saw him aground. He hits his adversary between wind and water, and when he lies most secure, sails into his anchorage, MB. O'LOGHLEN. 165 boards, and cuts him out. It is not, therefore, to be wondered at, that he is in as great practice in the Hall, as his forefather was upon the ocean, of whom it is recorded that he " Pursued o'er the high seas his watery journey, And merely practised as a sea-attorney."* * Sir. O'Loghlen was only in the first stage of his professional career when this sketch was written. It seems proper, therefore, to add a brief outline of the subsequent history of so eminent a man. He was one of the first Catholic lawyers who received a silk gown after the v Catholic Belief Act, and how well he was entitled to the rank may be inferred from the fact, that in the last year of his practice at the outer bar he made the large sum of 5,000?. In the Marquess of Anglesea's Government, he was made a Serjeant, and in 1832 he stood for the city of Dublin, along with Mr. Latouche, after Mr. Perrin and Alderman Harty had been unseated by the decision of an election committee. In the autumn of 1834 he succeeded Mr. Crampton (now Judge Crampton) in the office of Solicitor- General. The place had been first offered to Mr. Perrin, who declined it. On the ensuing change of Ministry, Mr. O'Loghlen resigned, and at the general election, which then took place, he was returned for the borough of Dungarvan. When the liberal party returned to office in 1835, Mr. O'Loghlen became Solicitor-General again, and was again elected for Dungarvan. Towards the close of the same year he filled the office of Attorney-General (succeeding the pre- sent Judge Perrin), and was a third time returned to Parliament by the same constituency. In the autumn of 1836 the death of Baron Smith gave the Government the disposal of a seat on the bench, and the oppor- tunity which had long been desired of making a Catholic judge. Mr. O'Loghlen was reluctant to accept the place of a puisne Baron, but his refusal would have embarassed the Government, as to appoint a Catholic they must have passed over the Solicitor-General (Richards), who was a Protestant. But he sat only one term in the Exchequer, for the death of Sir William M'Mahon vacated the Mastership of the Rolls, and Baron O'Loghlen was promoted to it. He continued to hold that office until his premature and lamented decease in 1842, when he was only in his fifty-second year. In the year 1838, on the occasion of the Queen's Coronation, a baronetcy had been conferred upon him. He was the first 166 SKETCHES OP THE BAR. Roman Catholic law-officer and first Roman Catholic judge since 1688, a fact that gives a peculiar interest to his advancement. As a lawyer, Mr. Sheil has given a just estimate of his talents ; and he more than sustained his reputation on the bench, as it was ad- mitted by men of all parties that an abler judge had never pre- sided in the Rolls. Sir Michael O'Loghlen spoke several times effectively in the House of Commons. In a debate on the consideration of the Lords' Amendments to the Irish Church Bill of 1836, he handled the Bishop of Exeter with just severity. In the same year he re-introduced the bill to reform the Municipal Corporations, which in the previous year had been brought in by Mr. Perrin, (to whose strenuous exertions the measure owed its origin), but was defeated on that occasion by the Tory opposition. A consolidation of the Grand Jury Laws and several other legal improvements are also among Sir Michael's public services. Three statues have been raised to the memory of this popular and dis- tinguished judge, one by the members of the bar exclusively, executed by M'Dowell, and erected in the Hall of the Four Courts ; another by the body of Solicitors, the work of Mr. Christopher Moore ; and a third by Mr. Kirke, raised by public subscription in Clare, and placed in the County Court-house. The tale of the descent from the Danish sea-attorney may be consi- dered as a pleasant fancy of Mr. Shell's. Irish historians are familiar with the sept or family of O'Loghlens, who were the lords or proprietors of Burren, that attractive part of Clare adjoining Galway, which Ireton in a letter to Cromwell describes as " a country where one could not get a tree to hang a man upon, water to drown a man, or earth to bury him in." Sir Michael was no doubt a descendant of this once powerful Irish race, though the princes of so sterile a domain. 167 ME. LESLIE FOSTER AND THE LOUTH ELECTION OF 1826. [FEBBUABY, 1829.] " A man may be solemn without being wise, and circumstantial with- out being accurate." THE first opportunity I had of closely observing the eminent statesman and celebrated legislator, whose name is prefixed to this article, was afforded by the Louth election. Mr. Foster is so intimately connected with that remarkable event, that some account of the details which accompanied it will not be inappropriate. The standard of the Association had been raised in Waterford, and Mr. Villiers Stuart* proclaimed himself the antagonist of the house of Curraghmore. All eyes were directed to the field, in which the great contest was to be waged. Both the combatants brought here- ditary rank and vast opulence as their allies, besides the auxiliary passions of the powerful parties to which they were respectively attached. There was, however, nothing surprising in the enterprise of Mr. Stuart. During his minority, the savings of his estate had accumulated to a very large sum, and he was possessed of the means of * The present Lord Stuart de Uecics. 168 SKETCHES OP THE BAR. engaging in a bold political adventure, without running any risk of permanently injuring his fortune. It would have been far stranger if, with his large property, and his enlightened opinions, he had allowed the Beresfords to maintain an undisputed masterdom in his county. While the national attention was fixed upon the events which were taking place in Waterford, news arrived in Dublin, which excited a far greater sensation than the contest between the two rival patricians of Dromana and Curraghmore ; and it was announced that Mr. Alexander Dawson, a retired barrister with a small fortune, had started for Louth. In that county the Protestant gentry were regarded as omnipotent. For upwards of half a century, the Jocelyns and the Fosters had returned two members to parliament, and divided the county, like a family borough, between them. A strong and apparently in- dissoluble coalition had been effected between Lord Boden and Lord Oriel ; and it was supposed to be im- possible to make any effectual opposition to the union of Orangeism and of Evangelism, which the wily veteran of Ascendancy, and the frantic champion of the New Reformation, had effected. To this combination of power Mr. Dawson had neither wealth nor connections to oppose. He had even intimated that he would not bear any portion of the expenses, and must be returned by popular contribution. The ordinary preparations had not been made, and it was only three days before the election commenced that his intention was declared. Mr. Leslie Foster affected to treat his pretensions with derision. He was to be seen amongst groups of sympa- thising King's counsel, and assentating assistant bar- risters, with his forefinger and thumb brought into MR. LESLIE FOSTER. 169 syllogistic conjunction, demonstrating the utter absurdity of Alexander Dawson in attempting a contest. A profound seriousness habitually pervades the coun- tenance of Mr. Foster, who, accustomed to the most abstruse meditations upon political economy, and con- versant with, the deepest mysteries of legislation, has seldom ^been known to use the risible organs for the purposes for which they were originally intended. The notion of a contest-in Louth, however, seemed to strike him as so exceedingly ludicrous and extravagant, that upon this occasion he broke through all the rules of solemnity by which his physiognomy is usually con- trolled. Still, he had left off laughing for such a length of time, that his smile sat uneasily and unnaturally upou him, and the muscles of merriment had become so rusty and so destitute of pliability, that they accommo- dated themselves slowly and ponderously to their func- tions ; and many of his friends, observing these novel phenomena of mirth, exclaimed, " What can be the matter with Leslie Foster ! " He, however, made ample compensation for this sudden and unmeet deviation from his habitual gravity, by the seriousness of his aspect, upon his appearance at the hustings of Dundalk. I proceeded there before the arrival of Mr. Foster. From the brow of a hill which surmounts the town, when I was at a short distance from it, I saw a vast multitude descending with banners of green unfurled to the wind, and shouting as they moved along. I could not at first discern with distinct- ness the gentleman who was the immediate object of this wild ovation ; but on approaching and mixing with the dense mass of enthusiastic patriots, I saw seated in 170 SKETCHES OF THE BAR. an old gig Mr. Dawson, the aspiring candidate who had presumed to enter the lists with the hereditary repre- sentatives of the county of Louth. He wore an old frock-coat covered with dust, and a broad -brimmed weather-beaten hat which surmounted a head that streamed with profuse perspiration ; his face was ruddy with heat, but, notwithstanding the excite- ment of the scene, preserved its habitual character of sagacious quietism and tranquil intelligence; he did not seem to be (though placed in a most extraordinary and trying situation) at all conscious of the boldness of the enterprise in which he was embarked, and was perhaps the least moved of the multitude that were rushing rapidly on; while the people were hurraing about him, throwing their hats into the air, and catch- ing them with a wild shriek and prance, (a common denotement of joy among the lower Irish,) he sat com- posedly in his old vehicle, and was busy in preserving order and regularity in the procession. There were some three or four ragged fiddlers before him, who played with all their might, and in notes of the harshest discord, a tune which they intended for the popular air of " Nancy Dawson," and which was selected for no other reason than that it was connected with his name. It was only at intervals that the hard and vigorous scraping of these village violins was distinctly audible ; for the cries of " Down with Foster ! and Dawson for ever ! " resounded from every side in yells of vehement uproar, and monopolised the hearing faculties. A won- derful enthusiasm prevailed through this vast gathering ; and in the faces of the fierce and athletic peasants who drew their favourite on, as they occasionally turned MR. LESLIE FOSTER. 171 their heads back to look on him, and shouted in the retrospect, the strongest passions of mingled joy, fero- city, and determination were expressed. In a few minutes Mr. Dawson and his gig were drawn into the main street of Dundalk, and stopped at Magrath's hotel, which was the rendezvous of patriotism during the election. There the committee, which had been hastily gotten up, was collected, and welcomed Mr. Dawson on his arrival. He descended amidst loud acclamations, and soon after appeared at a window in the tavern, from whence he addressed the people. Several thousands were assembled, and in an instant deep silence was obtained. In a plain, brief, perfectly simple, and intelligible speech, Mr. Dawson told them that, for their sake, and not to gratify his personal am- bition, he was determined to oppose Mr. Foster and Mr. Fortescue, and to break the Oriel and the Roden yoke. His speech was received with the most rapturous plaudits, and it was manifest that, whatever might be the issue, a spirit had arisen among the people, which portended far more than could have been originally calculated. While Mr. Dawson and others of the same party were addressing the people, the carriages of the leading gentry, drawn by four horses, were seen entering the town, but, in order to avoid the multitude, wheeled round through a street parallel to that in the opening of which the people were gathered. Astonishment and apprehension were visible in their faces. They perceived already that a dreadful struggle was about to take place. The wonted harangues having been delivered to the people, Mr. Dawson and his committee proceeded to 172 SKETCHES OP THE BAR. the Court-house, which occupies one side of a square in the centre of the town. This building presents in its exterior a very beautiful object. It was erected under the immediate superin- tendence of Mr. Foster, who furnished the design, which he took from the Temple of Theseus ; for Mr. Foster values himself upon an universality of acquisition, and is a sort of walking encyclopaedia, or peripatetic repertory of all the arts and sciences, and is as profoundly skilled in architecture as he is in any of the crafts of the Custom- house or the mysteries of the Excise.* Opening Stuart's Athens, he lighted on the Temple of Theseus, and selected it as a model for a Court-house at Dundalk ; and accordingly the most beautiful and inconvenient temple in which the rites of justice have ever been performed, has been produced under his architectural auspices. In that part of this incongruous edifice which is allocated to the county business, the High -Sheriff assembled the freeholders to read the writ. On his left hand stood Mr. Leslie Foster. How changed from him who had a few hours before derided as impotent the efforts of the Roman Catholic body to push him from his stool in the legislature ! His complexion is * Mr. Foster had held since 1818 the lucrative place of Counsel to the Commissioners of Excise and Customs. The salary was 1001. per annum. The emoluments in the shape of fees, travelling expenses, &c., averaged yearly 3,700., on the authority of the Treasury Minute of 1828, which, when the office was abolished, fixed his retired allowance at 2,0001. per annum. The appointment had been declared totally useless by a Com- mission of Inquiry. In short, the entire transaction was one of those "mysteries" of public iniquity, which at the present day almost exceed belief. MR. LESLIE FOSTER. 173 naturally pale, but it now became deadly white. He surveyed the dense mass of the people with awe, and seemed to recoil from the groans and hooting with which he was clamorously assailed. When proposed as a candidate, he delivered a speech, in which he clumsily sought to reconcile his auditors to his resistance of their claims, and appeared to be aware of the wretchedness of the task which he had imposed upon himself. The only relief which he received was derived from the feel- ing which the mention of Lord E/oden and his party pro- duced in the assembly ; for obnoxious as that nobleman is through the rest of Ireland, his fanaticism and narrow- heartedness have secured for him a more condensed and concentrated odium in the town of Dundalk. Mr. Dawson spoke with equal brevity and perspicuity, and made it his boast that he belonged to the middle classes, and was best calculated to represent their feelings and to do justice to their interests. On the succeeding day the polling commenced with activity, Mr. Fortescue being sustained by the Roden influence, and a large portion of the Protestant aristo- cracy; the rest of that body were the supporters of Mr. Foster ; while Mr. Dawson relied upon a few Roman Catholics of fortune, and on the spirit of agrarian insurrection, which had broken out among the forty- shilling freeholders. Some time elapsed before any decided demonstrations of superiority took place ; and the exertions of all parties were prodigious. Emis- saries were despatched night and day through every part of the county, and no means of persuasion were spared by the Catholic, or of terror by the Protestant faction, to bring the freeholders in. Priests and attor- neys were seen scouring the country in all directions, 174 SKETCHES OF THE BAR. and landlords and drivers, armed with warrants of dis- tress, knocked at the door of every hovel. The spirit of exertion which animated the contending parties ex- tended itself to the counsel, and Mr. North (the brother- in-law of Mr. Foster), Mr. Murray, who was employed by Mr. Fortescue, and Mr. Sheil, who acted for Mr. Dawson, in the High Sheriff's booth, exhibited a zeal and alacrity which a mere professional sympathy with their clients could scarcely have supplied. The Sheriff's booth was in a small room adjoining the County-court, and offered, through the iron bars of its single window on the ground-floor, a dismal spec- tacle. A wall, at the distance of about four feet from this window, rises to a considerable height, and forms a small quadrangular space, covered with rank grass and broken stones, in which the murderers at Wild-goose Lodge are buried.* In intervals of leisure, the eyes of the persons whose business it was to remain in this room, would involuntarily rest upon this spot, and the conversation turned from the subject of the election to the terrible atrocity of which that dreary piece of ground was the memorial. The meditations which it supplied were, however, of brief duration, for a question connected with a vote would arise to dissolve them. As the election proceeded, the anxieties of Mr. Foster augmented. He seemed to lose all command and self- possession. He would rush into the Sheriff's booth with a precipitate vehemence, which was the more re- markable from the contrast which it formed with his usual * This was an agrarian atrocity scarcely inferior in its sanguinary and horrible details to the butchery of the Sheas, described by the author in another paper. MR. LESLIE FOSTER. 175 systematic and well-ordered behaviour. " Soldiers ! " he would cry, " Soldiers, Mr. High-Sheriff! I call upon you to bring out troops, to protect me and my sup- porters. My life is in peril my brother has been just assailed we shall be massacred, if you persevere in excluding troops from the town!" Such were the exclamations which he would utter, under the influence of mingled anger and alarm ; for I believe that his fears, though utterly unfounded, were sincere. To these appeals the friends of Mr. Dawson would oppose equally vehement adjurations. "What! call out troops! bayonet the people ! No, Mr. Foster ; the scenes of 1798 are not returned; the Sheriff will not be deluded by the phantoms which issue from your over-excited imagination, or accede to your sanguinary invocations/' The High-Sheriff was placed in a very embarrassing condition in the midst of this uproar of remonstrance. It was said that his leanings were personally favourable to Mr. Foster ; but he is a brewer of the famous Castle- Bellingham ale, and the interests of his brewery being at variance with his political predilections (if he have any), he was kept in a state of painful hesitation, until Mr. Chaigneau, who acted with the utmost impartiality as Assessor, resolved his difficulties, by very properly stating, that when evidence of danger should be laid before the Sheriff upon oath, he would act upon it. The town remained perfectly peaceable. There were, indeed, loud cries and vehement shoutings, but no personal molestation was offered to any body. A per- petual procession of fiddlers and fife-players moved through the streets, who played no other air than " Nancy Dawson " from morning until twelve at night. At the head of this body of everlasting minstrels 176 SKETCHES OF THE BAR. were two singular persons, who carried large banners of green silk, with national emblems and mottoes figured upon them. One of these strange individuals was a Doctor a large, bloated, plethoric mass of a man, dressed in old rusty black, covered with snuff, with a protu- berant belly, and a short, waddling gait, which a quan- tity of matutinal potations had rendered exceedingly unsteady; while his countenance, composed of large blotches of orbicular red, with a pair of large glazed eyes, surmounted by white shaggy eyebrows, confirmed the conjectures which the irregularity of his movements suggested. The Doctor carried the Dawson standard, having two or three stout fellows to co-operate in his sustainment. When he arrived at the end of the street, in turning round to direct the procession, of which he was the chief leader, the Doctor would utter a loud but inarticulate shout, and return towards the Court-house; and when he had arrived there, he would again wheel about at the head of the multitude with a similar hurrah. Thus he traversed, from morning till sunset, the principal street of the town, taking a glass of Irish restorative at brief intervals in these strange perambu- lations. Next in command to the Doctor was old Harry Mills, whose fame has since travelled across the Atlantic, and who has not only had his health drunk in America, but has received a subscription of twenty pounds from the New World. This peasant was among the most con- spicuous figures at the Louth election. He had about four acres of land, for which he paid a high rent to his landlord; and although he completely depended on him, this " village Hampden," as he was called, with- stood the petty despotism of his landlord, and voted in MK. LESLIE FOSTER. 177 despite of him for Mr. Dawson. Harry Mills had gone through many a wild adventure. He had been concerned in the affair of 1798, and was obliged to fly the country ; but, as he said himself, he had the con- solation of seeing an Orangeman's house on fire upon the shore, as he was sailing in a fishing-boat from the port of Dundalk. " Please your honour," Harry used to say, "as I was leaving ould Ireland, I saw the flames blazing out of the Cromwellian's house ; and many a time, when I was keeping watch on the coast of Guinea, I used to think of that same fire." Harry was obliged to turn seaman, and became a sailor in a slave-ship. He was taken by a French privateer ; and I do not recollect exactly how he contrived, after years had passed, to get back to Ireland. His spirit slumbered within him until the Louth election, and then it broke forth, like the flame from the Orangeman's house, which had ministered with its flashes to his retrospec- tive consolations. With that ocean-look and attitude which belong to all sea-faring people, Harry blsnded the sly cunning and observant sagacity which charac- terize the Irish peasant, and offered, to a lover of the moral picturesque, one of the most striking objects at the Louth election. He marched, in company with the Doctor, as second standard-bearer to Mr. Dawson, and was as unwearied as his brother patriot in this his new, and, if we could judge from his shouts and exclama- tions, his delightful vocation. But in drawing the figures and detailing the incidents by which Mr. Foster was surrounded, I allow him, per- haps, to leave the foreground of the picture. As the election advanced, his fears augmented, and he pre- sented new phenomena of terror. His opponents felt a VOL. I. N 178 SKETCHES OF THE BAR. malevolent pleasure in watching the torture which he was undergoing, and in observing the writhings of the mind, which were apparent in his demeanour and coun- tenance. But Mr. Dawson had in a few days ceased to be the immediate object of his competition; for the latter having obtained a vast majority, his return was no longer matter of speculation, and the fiercest contest was carried on between the Roden and the Oriel candi- dates, who had originally entered in alliance into the field. Though they agreed in all political opinions, they afforded proof of the promptitude with which abstract questions are lost in individual interests. The Catholics had carried Mr. Dawson' s election, and Mr. Foster and his friends used all their efforts to induce them to remain neutral ; observing that Mr. Foster (which was a just remark) was not personally obnoxious, that he was a good landlord, and that Lord Roden' s candidate was not only politically, but fanatically opposed to them. These arguments had their weight with the liberal party ; although the more sagacious saw that it would be a consummation of their victory, if they could eject from the House of Commons an individual who had contributed some talent, and a great deal of re- search and industry, to the maintenance of his party. Still, the antipathy to Lord Roden prevailed ; and the detestation in which his wild, lugubrious doctrines were held; the recollection of his having refused a small piece of ground to erect a more commodious house of Catholic worship j his penurious piety; his omission, with all his ostentatious Christianity, to subscribe to a single charitable institution at Dundalk; and other circumstances of a similar character, made the majority ME. LESLIE POSTEE. 179 of the people rather incline towards Leslie Foster than to the candidate by which the Roden interest was represented. It is a rule that, after a certain number of days, if twenty persons do not poll before six o'clock, the booth where this deficiency takes place shall close. Every booth, excepting one, was shut about four o'clock ; and if the Roden party could contrive to poll twenty before six, they would have been entitled to hold the booth open. About four o'clock, Leslie Foster had a majority of nine or ten, and I believe all his votes were exhausted. Some twelve or thirteen persons had polled in the booth in question; and if Mr. Fortescue could procure so many persons merely to poll, as would, with the votes already given, make up twenty, his object would have been secured. The issue of the contest, therefore, depended upon minutes. The booth presented a most singular scene. It was crowded to excess. Scarcely space enough was left for the admission of the voters ; and, indeed, it was the object of the Foster faction to retard and obstruct their arrival by every possible expe- dient. In order to consume time, fellows were put up on Mr. Foster's tallies who had no votes, and their rejection, and the clamour and confusion which it pro- duced, served to consume the hour, of which every instant was of value. Mr. Fortescue's party still con- trived to poll a few freeholders, who were supplied by the Catholics ; and it was matter of great doubt whether the important and decisive number twenty could be produced. After five o'clock, the suspense of all parties became increased, and every eye was alternately turned to the spot where the freeholders were polled, and to the N2 180 SKETCHES OF THE BAB. watches which were held in the hands of the spectators, and which indicated the progress of time to that point on which the issue was to hang. I never saw a deeper expression of solicitude ; Mr. Fortescue himself was not there ; but his partisans showed an anxiety as great as if they had been personally engaged by individual interest in the event. The friends of Mr. Foster, who were gathered round the Sheriff, manifested, if possible, a still greater intentness of expectation. Mr. Pentland, who had been long Solicitor to the Custom House, of which Mr. Foster was, since 1818, the Counsel, acted as his agent, with an alacrity which inveterate habits of professional sympathy had naturally produced. Near him stood Mr. North,* whose naturally sweet and placid countenance, without exhibiting the fierceness of fac- tion, assumed for a moment an aspect of acerbity, while his lips, that were as white as ashes, trembled and quivered in the expression of the few words to which he occasionally gave utterance. But where was Leslie Foster all this time? This question, which the reader will probably ask, I put to myself; and, on turning my eyes round, I was at first at a loss to discover him. At length I observed a person sitting in a remote corner of the room, upon a chair which was thrown back in such a way that it was balanced on two legs, while the head of the somewhat round and squat gentleman by whom it was occupied leaned against the wall. His hat was drawn over his brows, and his eyes were closed. His cheeks, which seemed to have been originally full and plentiful, ap- peared to have suffered a cadaverous collapse. Thick * Mr. John H. North, an eminent and highly-accomplished member of the Irish bar ; he was married to Mr. Foster's sister. MR. LESLIE POSTER. 181 drops of perspiration trickled down his visage, which he occasionally wiped away with an Orange handkerchief held in his right hand ; while a watch, on which, how- ever, he did not look, was in the other. I did not at first recognize this extraordinary figure; but upon a sud- den it started up, and on the opening of the eyes, and the full disclosure of the countenance, I thought I could perceive some faint resemblance to Leslie Foster. He seemed, at first, to stand in an attitude of cataleptic horror ; and when" he recovered' himself, he clasped his hands, and, unable to sustain his agony, rushed with a frantic speed out of the room. He had given every- thing up for lost ; but he was mistaken. The twenty votes had not been made up. The clock struck six, and John Leslie Foster was saved from being buried by torchlight, under the new Act of Parliament, in the churchyard of Dundalk.* Mr. Dawson and Mr. Foster were returned as duly elected. The latter did not attend at the hustings when the event of the election was proclaimed. He set off for Cullen, the seat of Lord Oriel, in that heaving and agitation of mind, which the stormy passions leave behind, after the immediate occasion of their excitement has ceased to act. His flight was considered as most inglorious, and it was boasted by the Catholic orators, that he did not dare to meet them. This was a great disappointment to Mr. Sheil and other dealers in harangue, who expected to show off at his expense. He very wisely effected his retreat * The act alluded to abolished the ancient barbarous custom of driving a stake through the body, in cases where a coroner's jury had returned a verdict of felo-de-se. Sepulture was allowed in the churchyard of the parish, by night, between the hours of nine and twelve o'clock. 182 SKETCHES OF THE BAE. to his uncle's residence, whose octogenarian philo- sophy did not prevent him from feeling a deep and corroding interest in the event. Had Mr. Foster remained sequestered in the beautiful woods which the Speaker of the Irish House of Commons lived to see rise about him, he would have acted wisely. But after a short interval, the public were astonished by a resentful lucubration from his pen, in which he vilified the proceedings of the Catholics, and inveighed with great virulence against the priests. He was guilty of another indiscretion, or rather a piece of bad taste, as it was far more deserving of laughter than of condemnation. Having fled from Dundalk, where Mr. Dawson was chaired, he caused himself to be put through a similar honour in his uncle's demesne ; all the vassals and retainers of Lord Oriel, who could be procured, were collected together, and Mr. Foster having been placed upon the shoulders of four stout Protestant tenants, was conveyed through the village of Cullen, amidst the plaudits of the yeo- manry, the hurrahs of the schoolmaster, the sexton, and the parish clerk, and the acclamations of the police. 183 MR. LESLIE FOSTER, AS A BARRISTER, A SCHOLAR, AND A COMMISSIONER OF EDUCATION. [MARCH, 1829.] I HAVE hitherto considered Mr. Foster as a candi- date, and I should give an equally minute account of him as a Member of Parliament, but that I have not had the same fortunate opportunities of observation. I do, indeed, remember an incident, which may be considered, to a certain extent, illustrative of his influence as a legislative speaker; and in the lack of any other means of describing him, it may not be inappropriate to set it. down. I was under the gallery of the House of Commons during the debate on the Catholic question in the year 1825. The house was exceedingly full. Mr. Foster rose to speak, and the effect of Ids appearance on his legs was truly wonderful. In an instant the House was cleared. The rush to the door leading to the tavern upstairs, where the members find a refuge 184 SKETCHES OP THE BAR. from the soporific powers of their brother legislators, was tremendous. I was myself swept away by the torrent, and carried from my place by the crowd, that fled from the solemn adjuration with which Mr. Foster commenced his oration. The single phrase "Mr. Speaker" was indeed uttered with such a tone as indicated the extent of the impending evil ; and finding already the influence of drowsiness upon me, I followed the example which was given by the representatives of the people, who, whatever differences may have existed amongst them upon the mode of settling Ireland, appeared to coincide in their estimate of Mr. Foster's elocution. From the Treasury Benches ; the Opposition, and the neutral quarters of the House, a simultaneous concourse hurried up to Bellamy's, and left Mr. Foster in full possession of that solitude which he had thus instantaneously and miraculously produced. I proceeded up stairs with some hundreds of honour- able gentlemen. The scene which Bellamy's presents to a stranger is striking enough. Two smart girls, whose briskness and neat attire made up for their want of beauty, and for the invasions of time, of which their cheeks showed the traces, helped out tea in a room in the corridor. It was pleasant to observe the sons of Dukes and Marquesses, and the possessors of twenties and thirties of thousands a year, gathered round these damsels, and soliciting a cup of that beverage which it was their office to administer. These Bellamy bar- maids seemed so familiarized with their occupation, that they went through it with perfect nonchalance, and would occasionally turn with petulance, in which they asserted the superiority of their sex to rank and MR. LESLIE FOSTER. 185 opulence, from the noble or wealthy suitors for a draught of tea, by whom they were surrounded. The unfortunate Irish members were treated with a peculiar disdain, and were reminded of their provinciality by the look of these Parliamentary Hebes, who treated them as mere colonial deputies should be received in the purlieus of the state. I passed from these ante-chambers to the tavern, where I found a. number of members assembled at dinner. Half an hour had passed away, toothpicks and claret were now beginning to appear, and the business of mastication being concluded, that of diges- tion had commenced, and many an honourable gentle- man, I observed, who seemed to prove that he was born only to digest. At the end of a long corridor, which opened from the room where the diners were assembled, there stood a waiter whose office it was to inform any interrogator what gentleman was speaking below stairs. Nearly opposite the door sat two English County members. They had disposed of a bottle each, and just as the last glass was emptied, one of them called out to the annunciator at the end of the passage for intelligence; "Mr. Foster on his legs" was the formidable answer. "Waiter, bring another bottle," was the immediate effect of this information, which was followed by a similar injunction from every table in the room. I perceived that Mr. Bellamy owed great obligations to Mr. Foster. But the latter did not limit himself to a second bottle ; again and again the same question was asked, and again the same announcement returned "Mr. Foster upon his legs." The answer seemed to fasten men in inseparable adhesiveness to their seats. Thus two hours went by, when at length 186 SKETCHES OP THE BAR. "Mr. Plunket on his legs" was heard from the end of the passage, and the whole convocation of compotators rose together and returned to the House. Some estimate of the eloquence of Mr. Foster may be formed from this evidence of its effects. I am unable myself to supply, from personal observation, any better detail of it. But it is not necessary ; Mr. Plunket, in a single phrase, has described his legislative faculties, and on the night of which I have been speaking remarked that "he had turned history into an old almanack."* I should not omit to mention, in justice to Mr. Foster, that in converting the annals of mankind to this valuable purpose, he exhibits a wonderful diligence. His speeches are the result of great industry, and he takes care not to deliver himself of any crude abortive notions, such as are thrown off in extempore debate, but after allowing his meditations to mature in a due process of conception in his mind, brings them forth * The remarkable passage alluded to is thns given in Hansard, sadly marred, no doubt, in the reporting, but accurately enough to indicate the wise drift of the orator : " Time was the greatest innovator of all. VVhile man slept, or stopped in his career, the course of time was rapidly chang- ing the aspect of all human affairs. All that a wise government could do was to keep as close as possible to the wings of time, to watch his progress, and accommodate their motions to his flight. Arrest his course they could not, but they might vary their institutions, so as to reSect his varying aspects and forms. If this were not the spirit which ani- mated them, history would be no better than an old almanack," &c. 28th Feb. 1825. These are the words which have since been so often and so absurdly misrepresented, as if Lord Plunket had spoken irreve- rently of history itself. Sir Robert Inglis seems to have been the first to give that disingenuous turn to them. In a speech on the Catholic Ques- tion in the following May, we find him observing " The Right Hon. gentleman, the Attorney-General for Ireland, very conveniently for his views, desired to give us none of that old almanack, history," MR. LESLIE FOSTER. 187 with a laborious effort, and presents his intellectual offspring to the House in the "swaddling" phrase- ology in which they are always carefully wrapped up.* It was, indeed, at one time believed and studiously propagated by his friends, that he did not prepare his orations, and that he poured out his useless erudition, and his mystical dogmas, without premeditation or research. That erroneous conjecture has been recently corrected ; for, upon a late occasion, when the Chaplain of the House of Commons was reading prayers, at four o'clock, Mr. Foster, who appeared to those at a distance to be kneeling in a posture of profound parlia- mentary piety, with his hands raised, as is the fashion with the devout, to his lips, was heard to mutter through his fingers " Had it been my good fortune, Mr. Speaker, to have caught your eye at an earlier period of the debate, I should have gone more at length, than I now, at this late hour of the night, intend to do, into the details of a question, upon which the integrity of the constitution, the sacred privileges of the Protestants of Ireland, and the purity of the reformed religion, entirely depend." Mr. Richard Martin, the then member for Connemara,f who * The only dictionary in which the word " swaddle" is to be found in this signification, is Grose's Lexicon Balatronicvm, or, Dictionary of Slang, London, 1811. A "swaddler" is there defined "the Irish name for a methodist." A certain street in Dublin, inhabited by several " nnco-pious" judges and lawyers, has long gone by the name of Swaddling- bar. f Better known as Dick Martin, an Irish celebrity of a species now extinct, like the megaiheria. He long represented the county of Gal way- Mr. Sheil, by a pleasant synecdoche, calls him member for his own prin- cipality of Connemara. 188 SKETCHES OF THE BAR. happened to hear Mr. Foster, communicated this important discovery; and it is now well ascertained, that Mr. Foster takes exceedingly great if not very meritorious pains at his oratorical laboratory, and passes many a midnight vigil in compounding those opiates, with which, at the expense of his own slumbers, he lulls the House of Commons to repose. Mr. Foster may be considered in the various phases of barrister, scholar, Commissioner of Education, and counsel to the Commissioners of Customs and Excise. As a member of the Bar, he is not very remarkable. He is not in considerable business, which I am inclined to attribute to his dedication of himself to political pursuits; for he came to the profession under great advantages, having industry, a tenacious memory, and the patronage of the late Chief-Justice Downes. I think that he would have succeeded in the Court of Chancery, had he attended exclusively to the Bar ; for certainly he is not destitute of the powers of clear reasoning and perspicuous exposition. His great fault is, that he diffuses an air of importance over all that he says, looks, and does, which is not ^infrequently in ludicrous contrast with the matter before him. Instead of speaking trippingly upon the tongue, he loads his utterance with an immense weight of intonation, and is not more ponderous and oracular in Parliament than at the Bar. That gravity, which Rochefoucauld has so well called a "mystery of the body/' pervades his gesture, and sits in eternal repose upon his countenance. He advances to his seat at the inner bar, like a priest walking in a procession; he lays down his bag upon the green table, as if he were depositing a treasure ; he bows to the court like a mandarin before the Emperor MR. LESLIE FOSTER. 189 of China; quotes Tidd's Practice, as a Rabbi would read the Talmud ; and opens " The Rules and Orders," as a sorcerer would unclasp a book of incan- tation. The solemnity which distinguishes him in court, attends him . out of it. He traverses the Hall with a gait and aspect of mystical meditation ; and when he has divested himself of his forensic habiliments, still takes care to retain his walk of egregious dignity upon his return to Merrion-square. Mr. Foster has ascer- tained with exact precision the distance from his house to the hall of the Four Courts ; and has counted the number of paces which it is requisite that he should perform, whether he should go through College-green, or by any of the lanes at the back of Dublin Castle. Both these ways have their attractions. In the centre of College-green stands the statue of King William, on which Mr. Foster sometimes pauses to cast a look, in which of late some melancholy has been observed. The purlieus of the Castle are, however, his more favourite, and perhaps appropriate walks, especially since the order for Lord Anglesey's removal has ar- rived. But whichever route he adopts, he never de- viates from that evenness and regularity of gait with which he originally enumerated the number of paces from his residence to the Hall. I was a good deal at a loss to account for this peculiar demeanour, until I had heard that Mr. Foster had spent some time at Constantinople. He was introduced upon one occasion to the Grand Seignior (a scene which he describes with great particularity), and has ever since retained an expression of dignity, which it is supposed he copied from the Reis Eflendi, if not from the Sultan 190 SKETCHES Or THE BAR. himself. Hitherto the negotiations with the Porte have been unsuccessful. If Mr. Poster were sent out as our minister, such a sympathetic solemnity would take place between him and the Grand Vizier, that many difficulties would, it is likely, be got rid of; and he would, by his Asiatic diplomacy of countenance, and his oriental gravity of look, accomplish far more than Lord Strangford was able to effect.* As a scholar, Mr. Leslie Foster is, beyond all doubt, a person of very various and minute erudition. In every drawing-room, and at every dinner-table at which he appears, amazement is produced by the vastness of his knowledge ; and under-graduates from the college, and young ladies whose stockings are darned with blue silk, wonder that even a head of such great diameter should be capable of containing such enormous masses of the most recondite and diversified lore. The Pre- sident of the Royal Academy of Laputa, or the father of Martinus Scriblerus, could not have surpassed him in the character, the extent, and the application of his knowledge. No matter what topics may be presented in the trivialities of discourse, he avails himself of every opportunity to evacuate his erudition. t He buries * " Gravity," observes the author of " The Characteristics,'* "is of the very essence of imposture." Mr. Fox once said of Lord Thurlow " I wonder was any man ever so wise as Lord Thurlow looks." t This characteristic pedantry exposed him after his elevation to the bench to an occasional hit, which afforded the bar considerable amuse- ment. Upon one occasion, in a revenue case, a grave medical witness was formally giving the result of his observations upon a certain deposit of chemical substances. " In fact, Doctor Apjohn," interrupted the Baron, "the substance was only mud." "Perhaps," replied the wit- ness drily, " your Lordship would favour the jury with the definition of mud." MR. LESLIE FOSTER. 191 every petty subject under the enormity of his learning, and piles a mountain on every pigmy theme. If he finds a boy whipping a top, he stops to explain the principles upon which it is put into motion. He is versed in all points of science connected with the playing of marbles. Should a pair of bellows fall in his way, he enters into a dissertation upon the structure of the human lungs, and applies to those domestic conveniences of which there is such a want in the modern Athens, his learning in hydraulics. In short, he is omniscient ;* and if I were a believer in the trans- migration of souls, I should be disposed to think that the spirit of the professor at Bruges, who challenged all mankind to dispute with him " de omni scibili et de quolibet ente," had reappeared in his person ; though I hope that he would be less puzzled in solving the question of law proposed by Sir Thomas More to that celebrated scholar respecting a replevin.! * Mr. Forster is deeply versed in Irish antiquities. He alleges that he discovered, in the ccranty of Kerry, a very singular building, which is called Staigne Fort. General Vallancey thought that it was a Phoenician theatre. I am not aware what conjecture Mr. Foster formed respecting it ; probably he takes it for an old conventicle, employed by the Irish Christians before Popery was in use. Mr. Bland, the writer of an essay in the Transactions of the Soyal Irish Academy, makes the following observations upon Mr. Forster's claims to the discovery of this building : "About nine years back, Mr. Leslie Foster visited this county, and passed Staigne by unnoticed; but being prevailed on by me, he was reluctantly induced to return and see it. He afterwards published, hi some periodical work or newspaper, an account of it ; and being ignorant, I suppose, of what I have stated respecting Mr. Pelham's correspon- dence witli General Vallancey, he considered himself the first discoverer of this ancient structure." Vol. XIV. p. 22. t See the Biogrwphia Britannica, art. Sir T. More." Wheii More was at Bruges, in the retinue of Tonstall, bishop of Durham, in la GO, an arrogant fellow set up a challenge that he would answer any question 192 SKETCHES OP THE BAR. I pass, by a natural transition, from the vast acquire- ments of Mr. Foster, to that office which, from its connection with learning, it would appear at first view that he was admirably qualified to fill. He was, for a considerable period, a Commissioner of Education, with an enormous salary ; and thus, with the sums which he has received as a Commissioner of Inquiry into the Courts of Justice, and his vast emoluments as Counsel to the Commissioners of Customs and Excise, Mr. Poster has poured an immense quantity of the public money into his coffers. But however the love of learning, and its unquestion- able possession, might appear to render Mr. Foster an eligible person to investigate the progress of education, yet his predilections, both political and religious, were so strong, that the Roman Catholics considered the appointment of a person so legally orthodox, to report upon the state of their schools, as an injustice. In order to give some aspect of fairness to this proceeding, and to create a counterpoise to his prejudices, the government united with Mr. Foster, a gentleman in every way well adapted to encounter him, the Chief Remembrancer of the Court of Exchequer, Mr. Blake. I believe that it was not anticipated that that gentleman would have approved himself so stout and uncompro- mising an assertor of the interests of his country, and the honour of his religion. Mr. Foster had originally, that could be propounded to him. Upon which Sir Thomas put up this question: 'An averia capta in witJiernamia sint irreplegiabilial' ' Are cattle taken in withernam irrepleviable ? ' adding, that there was one of the ambassador's retinue who was ready to dispute with him upon it. But the fellow not understanding the law terms was gravelled, and deservedly laughed at." MR. LESLIE FOSTER. 193 from his previous habits of mystical research, and from his familiarity with the mysterious, great advantages over Mr. Blake, in examining the Catholic priesthood upon questions of dogmatic theology ; but Mr. Blake, who has extraordinary powers of acquiring knowledge, and of fitting his mind to every intellectual occupation, resolved to make himself a match for this Aquinas of Protestantism, and threw himself off from the heights of the law into the deepest lore into which Mr. Foster had ever plunged. He rose from the dark bottoms of divinity as black and as begrimed with mysteries as his , brother Commissioner; and thus prepared, they set off upon their tour through the Catholic colleges of Ireland. . The object of Leslie Foster was to bring out what- ever was unfavourable to the Irish priesthood; while Mr. Blake (himself a Roman Catholic) justly endea- voured to rectify the misconstructions of his brother inquirer, and to present the doctrines of his religion, and the character of its ministers, in the least excep- tionable form. When Mr. Foster got hold of a country priest, and put him to his shifts by some interrogatory touching the decrees of the earlier Councils, Mr. Blake would intervene, and rescue his fellow-Catholic from his embarrassments by suggesting a solution of the difficulty ; and, without getting into it, helped him out of the deep quagmire of theology into which his examiner had led him. If Mr. Foster attempted to quote a passage from some moth-eaten folio with any deviation from a just fidelity of citation, Mr. Blake would immediately detect him. Mr. Foster would rely upon the disputable ethics of some ancient Catholic schoolman; and Mr. Blake would straight produce a VOL. i. o 194 SKETCHES OF THE BAR. Protestant divine who inculcated the same doctrine. Sometimes Mr. Blake, not contented with acting on the defensive, would invade the enemy's territory ; and if an ex-priest were tendered by Mr. Foster for cross- examination, the Popish Remembrancer of the Ex- chequer exhibited all his acumen and dexterity in exposing the renegade. A person of the name of Dickson, who had been a Catholic priest, was produced in order to vilify Maynooth, where he had received his eleemosynary education. Mr. Blake took hold of him, and, by a series of admirable interrogatories, eminently distin- guished by astuteness and power of combination, laid this deserter of his altars bare, and tore off his apostate surplice. But this was not the most remarkable instance in which Mr. Foster was foiled in his efforts to convert his office into the means of promoting his religious and political opinions. He had the misfor- tune to fall into the hands of the Provincial of the Jesuits in Ireland, the Rev. Mr. Kenny. A desire was, if I rightly recollect, expressed by Sir T. Lethbridge, that a Jesuit should be produced at the bar of the House of Commons, in order that some sort of judgment should be formed of the peculiar nature of the ecclesiastical animal. Mr. Kenny is the most perfect specimen of this class of Catholic pheno- mena that could be produced. He wants, it must be confessed, some of the external attributes which should enter into the composition of the beau ideal of Jesuitism. He is by no means gracefully constructed ; for there is a want of level about his shoulders, and his countenance, when uninvested with his spiritual ex- pression, is rather of a forbidding and lurid cast. The ME. LESLIE FOSTER. 195 eyes are of deep and fiery jet, and so disposed, that while one is bent in humility to the earth, the other is raised in inspiration to Heaven ; brows of thick and bushy black spread in straight lines above them. His rectilinear forehead is strongly indented with passion, satire sits upon his thin lips, and a livid hue is spread over a quadrangular face, the sunken cheeks of which exhibit the united effects of monastic absti- nence and profound meditation. The countenance is Irish in its configuration ; but Mr. Kenny was educated at Palermo, and a Sicilian suavity of manner is thrown, like a fine silken veil, over his strong Hibernian features. The beaming rays of his eye are seldom allowed to break out, for they are generally bent to the ground, and habitually concealed by lids, fringed with long dark lashes, which drop studiously over them. Sucn is the outward Jesuit; his talents and ac- quirements are of the first order, and in argumentative eloquence he has no superior in Ireland. Leslie Foster, in the spirit of theological chivalry, and having set up as a knight-errant against popery, happened to meet with this disciple of Loyola, and resolved to break a syllogism with him. Mr. Kenny was duly summoned to attend the Commissioners of Education, and upon this occasion the interposition of Mr. Blake was quite unnecessary. With a blended expression of affected humility and bitter mockery, the follower of Ignatius answered all Mr. Foster's questions, correcting the virulence of sarcasms by the softness of his mellifluous cadences, and by the religious clasping of his hands, which were raised in such a way as to touch the extre- mities of his chin, while he lamented, with a dolorous o 2 196 SKETCHES OF THE BAR. voice, the lamentable ignorance and delusion of the gentleman who could, in the nineteenth century, put him such preposterous interrogatories. Leslie Foster was baffled by every response, and amidst the jeers of his brother Commissioners, with Mr. Blake compas- sionating him on one side, and Mr. Glascot nudging him at the other, while Frankland Lewis trod upon his toes, was at length persuaded to give up his desperate undertaking. Some of the questions put to the Jesuit were rather of an offensive character; and one of the Commis- sioners, when the examination had concluded, begged that he would make allowance for the imperious sense of duty which had induced Mr. Foster to commit an apparent violation of the canons of good breeding. " Holy Ignatius ! " exclaimed the son of Loyola, hold- ing his arms meekly upon his breast, "I am not offended I never saw a more simple-minded gentle- man in all my life ! " * * In the year 1830 Mr. Foster was created a puisne Baron of the Exchequer by the Duke of Wellington's Administration. His judicial character cannot be better delineated than it is in the short motto pre- fixed to the sketch, "A man may he solemn without being wise, and circumstantial without being accurate." If another touch is required to complete the picture, the following anecdote will supply it. Chief Baron O'Grady, on his resignation in 1831, retired to his country-seat to pass the brief remainder of his days. Some of his household had a pet owl, whose cage happened to be placed one day in the old chief's chamber. He endured it for some time, but at length he became uneasy and called to a member of his family : " Take away that owl he reminds me of Leslie Foster." 197 CALAMITIES OF THE BAR. [FEBEUABT, 1826.] NOT very long after I had been called to the Bar, I one day chanced to observe a person standing beside a pillar in the Hall of the Four Courts, the peculiar wretchedness of whose aspect attracted my notice. I was upon my way to the subterranean chamber where the, wigs and gowns of lawyers are kept, and was revolv- ing at the moment the dignity and importance of the station to which I had been raised by my enrolment among the members of the Irish Bar. I was inter- rupted in this interesting meditation by the miserable object upon which my eyes had happened to rest ; and without being a dilettante in affliction, I could not help pausing to consider the remarkable specimen of wretch- edness that stood before me. Had the unfortunate man been utterly naked, his condition would not have appeared so pitiable. His raiment served to set his destitution off. A coat which had once been black, but which appeared to have been steeped in a compound of all rusty hues, hung in rags 198 SKETCHES OF THE BAR. about him. It was closely pinned at his throat, to con- ceal the absence of a neckcloth. He was without a vest. A shirt of tattered yellow, which from a time beyond memory had adhered to his withered body, appeared through numerous apertures in his upper garment, and jutted out round that portion of his per- son where a garb without a name is usually attached. The latter part of his attire, which was conspicuous for a prismatic diversity of colour, was fastened with a piece of twine to the extreme button of his upper habili- ment, and very incompletely supplied the purpose for which the progenitors of mankind, after their first initiation into knowledge, employed a vegetable veil. Through the inferior regions of this imperfect integu- ment, there depended a shred or two of that inner garment, which had been long sacred to nastiness, and which the fingers of the laundress never had profaned. His stockings were compounded of ragged worsted and accumulated mire. They covered a pair of fleshless bones, but did not extend to the feet, the squalid naked- ness of which was visible through the shoes that hung soaked with wet about them. He was dripping with rain, and shivering with cold. His figure was shrunken and diminutive. A few grey locks were wildly scattered upon a small and irregularly shaped head. Despair and famine sat upon his face, which was of the strong Celtic mould, with its features thrown in disorder, and destitute of all symmetry or proportion, but deriving from the passions, by which they were distorted, an expression of ferocious haggard- ness. His beard was like that which grows upon the dead. The flesh was of a cadaverous complexion. His grey eyes, although laden with rheum, caught a savage- CALAMITIES OF THE BAR. 199 ness from the eyelids which were bordered with a jagged riin of diseased and bloody red. A hideous mouth was lined Avith a row of shattered ebony, and from the in- stinct of long hunger had acquired an habitual gape for food. The wretched man was speaking vehemently and incoherently to himself. It was a sort of insane jabber- ing a mad soliloquy, in. which " my lord " was fre- quently repeated. I turned away .with a mingled sentiment of disgust and horror, and, endeavouring to release my recollec- tion from the painful image which so frightful an object had left behind, I proceeded to invest myself in my professional trappings, tied a band with precision about my neck, complained, as is the wont with the junior bar, that my wig had not been duly besprinkled with powder, and that its curls were not developed in suffi- cient amplitude, set it rectilinearly upon my head, and, after casting a look into the glass, and marking the judicial organ in a certain prominence upon my brow, I readjusted the folds of my gown, and reascended the Hall of the Four Courts in a pleasurable state of un- qualified contentedness with myself. I directed my steps to the Court of Chancery, and, having no better occupation, I determined to follow the example of cer- tain sagacious aspirants to the office of Commissioner of Bankrupts, and to dedicate the day to an experiment in nodding, which I had seen put into practice with effect.* * When this was written, the present Court of Bankruptcy, with two Judges, or Commissioners, had not been established. The business was distributed in rotation among four " sets" of Commissioners, giving the Chancellor the patronage of a number of places of no great emolu- ment, but sufficient to make them objects of desire to junior members of the bar, or even of ambition to barristers of standing, whose professional 200 SKETCHES OF THE BAR. There are a set of juvenile gentlemen who have taken for their motto the words of a Scotch ballad, which, upon a recent motion for an injunction, Lord Eldon affected not to understand, but which, if he had looked for a moment upon the benches of youthful counsellors before him, while in the act of delivering a judicial aphorism, he would have found interpreted in one of the senses of which they are susceptible, and have dis- covered a meaning in " We're a' noddin," of obvious application to the Bar. Confident in the flexibility of my neck, and a certain plastic facility of expression, I imagined that I was not without some talent for assen- tation ; and accordingly seated myself in such a place that the eye of my Lord Manners, in seeking refuge from the inquisitorial physiognomy of Mr. Plunket, would probably rest upon me. The Court began to fill. The young aristocracy of the Bar, the sons of judges, and fifth cousins of mem- bers of parliament, and the whole rising generation of the Kildare-street Club, gradually dropped in. Next appeared at the inner bar, the more eminent practi- tioners tottering under their huge bags, upon which many a briefless senior threw a mournful and repining glance. First came Mr. Pennefather, with his calm and unruffled forehead, his flushed cheek, and his sub- tilising and somewhat over-anxious eye.* He was suc- gains were not sufficient to make them indifferent to a secure though sinull official income. Such were the individuals who are pleasantly represented as nodding their approval of the judgments of Lord Manners to attract his notice and conciliate his favour. * Mr. Edward Pennefather, a Chancery lawyer of the highest reputa- tion. He held the office of Solicitor-General in the short Tory Govern-? racnt of 1834-5, and again in 1841, upon the return of Sir B. Peel to power. In the same year he succeeded Mr. Bushe in the Chief-Justice- CALAMITIES OF THE BAR. 201 ceeded by Mr. Sergeant Lefroy, who after casting a smile of pious recognition upon a brace of neophytes behind, rolled out a ponderous brief, and reluctantly betook himself to the occupations of this sublunary world. Next came Mr. Blackburne, with his smug features, but beaming and wily eye; Mr. Crampton, with an air of elaborated frankness ; Mr. Warren, with an expression of atrabilious honesty; Mr. Saurin, look- ing as if he had never been attorney- general ; and Mr. Plunket, as if he never could cease to be so.*" Lastly appeared my Lord Manners, with that strong affinity to , the Stuart cast of face, and that fine urbanity of man- ner, which, united with a sallow face and a meagre figure, makes him seem like the phantom of Charles the Second. The Court was crowded, the business of the day was called on; Mr. Prendergast, with that depth of regis- terial intonation which belongs to him, had called on the first cause, when suddenly a cry, or rather an Irish howl, of " My Lord ! my Lord !" rose from the remote seats of the Court, and made the whole assembly look back. A barrister in a wig and gown was seen clamber- ing from bench to bench, and upsetting all opposition, rolling over some and knocking down others, and utter- ship of the Queen's Bench, which he held until his death in 1846. Mr. Pennefather disappointed upon the bench the expectations which had been founded upon his abilities and success at the bar. He would pro- bably have been an eminent judge had he not been so long an advo- cate. * Of this procession of lawyers the only survivors are Mr. Lefroy, the present Chief-Justice Mr. Blackbnrne, who filled successively the offices of Attorney-General, Master of the Rolls, Chief Justice, and Lord Chan- cellor, with consummate ability in each and Mr. Crampton, now a puisne Judge of the Queen's Bench. 202 SKETCHES OF THE BAR. ing in a vehement and repeated ejaculation, " My Lord ! my Lord ! " as he advanced, or rather tumbled over every impediment. At length he reached the lower bench, where he remained breathless for a moment, overcome by the exertion which he had made to gain that promi- nent station in the court. The first sensation was one of astonishment ; this was succeeded by reiterated laughter, which even the strictness of Chancery eti- quette could not restrain. I could not for a moment believe the assurance of my senses, until, looking at him again and again, I became satisfied that this strange barrister (for a barrister it was) was no other than the miserable man whom I had observed in the Hall, and of whom I have given a faint and imperfect picture. After the roar of ridicule had subsided, the unfortunate gentleman received an intimation from Lord Manners that he should be heard, when he addressed the court in a speech, of the style of delivery of which it is im- possible to convey to an English reader any adequate notion, but which ran to the following effect. " It is now, may it please your honourable Lordship, more than forty years since, with a mournful step and a heavy heart, I followed the remains of your Lord- ship' s illustrious relative, the Duke of Rutland, to the grave/' The moment this sentence had been pro- nounced, and it was uttered with a barbarous impres- siveness, the Chancellor leaned forward, and assumed an aspect of profound attention. The Bar immediately composed their features into sympathy with the judi- cial countenance, and a general expression of compas- sion pervaded the court. The extraordinary orator continued, " Yes, my Lord, the unfortunate man who stands before you did, as a CALAMITIES OF THE BAE. 203 scholar of Trinity College, attend the funeral proces- sion with which the members of the University of Dublin followed the relics of your noble relative to an untimely tomb. My eyes, my Lord, are now filled by my own calamities, but they were then moistened by that sorrow, which, in common with the whole of the loyal part of the Irish nation (for, my Lord, I am a Protestant), I felt for the loss of your noble and ever to be lamented kinsman/' (The Bar looked up to Lord Manners, and, perceiving his Lordship's atten- tion still more strongly riveted, preserved their gravity.) " Oh, my Lord, I feel that I am addressing myself to a man who carries a true nobleness of sentiment in every drop of his honourable blood. God Almighty bless your Lordship ! you belong, ay, every bit of you, to the noble house of Kutland; and aren't you the uncle of a duke, and the brother of his Grace the Archbishop of Canterbury?" "But in what cause, Mr. Mac Mahon, are you counsel?" " In [my own, my Lord. It is a saying, my Lord, that he who is his own counsel, has a mad- man for his client. But, my Lord, I have no money to fee my brethren. I haven't the quiddam honorarium, my Lord ; and if I am mad, it is poverty and persecu- tion, and the Jesuits, that have made me so. Ay, my Lord, the Jesuits. For who is counsel against me? I don't mean that Popish demagogue Daniel O'Connell, though he was brought up at St. Omer, and bad enough he is too, for abusing your Lordship about the appeals; but I mean that real son of Loyola, Tom , who was once a practising parson, and is now nothing but a Jesuit in disguise.* But let him * Torn bad taken deacon's orders, but the church suffered no loss when he changed the gown of a clergyman for that of a lawyer. 204 SKETCHES OF THE BAR. beware. Bagnal Harvey, who was one of my perse- cutors, came to an untimely end." Such was the exordium of Counsellor Mac Mahon,* the rest of whose oration was in perfect conformity with the introductory passages from which I have given an extract. But, in order to form any estimate of his eloquence, you should have seen the prodigy itself; the vehemence of his gesture corresponded with the intensity of his emotions. His hands were violently clenched, and furiously dashed against his forehead. His mouth was spattered with discoloured foam. His wig, of unpowdered horse-hair, was flung off, and in the variety of frantic attitude which he assumed, his gown was thrown open, and he stood with scarcely any covering but his ragged shirt, in a state of frightful emaciation, before the court. When this ridiculous but painful scene had con- cluded, " So much," I whispered to myself, " for the dignity of the Irish Bar ! " I confess that I divested myself of my professional trappings, after having wit- nessed this exhibition of degradation and of misery, with very different feelings from those with which I had put them on; and as I walked from the Courts with the impression of mingled shame and commisera- tion still fresh upon me, I ventured to inquire of my own consciousness whether there was anything so caba- listic in the title of Counsellor, which I shared in com- mon with the wretched man, whom I afterwards found He was an open scoffer at religion. The editor remembers to have heard Mr. SI nil say of him, that he had met a good many infidels in his time, but that Tom went beyond them all " he seemed to have a personal animosity to the Supreme Being." * This unfortunate man, who had distinguished himself in the Univer- sity of Dublin, and in early life had married a woman of large fortune, was lately found dead in Sackville -street. A. CALAMITIES OF THE BAB. 205 to be in daily attendance upon the Hall, and whether I had not a little exaggerated the importance to which I imagined that every barrister possessed an indispu- table claim. It occurred to me, of course, that the instance of calamity which I had just witnessed was a peculiar one> and carried with it more of the outward and visible signs of distress than are ordinarily revealed. But is agony the less poignant, because its groans are hushed? Is it because sorrow is silent, that it does not "consume the heart?" or did the Spartan feel less pain, because the fangs that tore him were hidden beneath his robe ? There is at the Irish Bar a much larger quantity of affliction than is generally known. The necessity of concealing calamity is in itself a great ill. The struggle between poverty and gentility, which the ostentatious publicity of the profession in Ireland has produced, has, I believe, broken many hearts. If the Hall of the Four Courts were the Palace of Truth, and all its inmates carried a transparency in their bosoms, we should see a swarm of corroding passions at court in the breasts of many whose countenances are now arrayed in an artificial hilarity of look ; and even as it is, how many a glimpse of misery may be caught by the scrutinizing eye that pierces through the faces into the souls of men. The mask by which it is sought to conceal the real features of the mind will often drop off, and intimations of affliction will, upon a sudden, be involuntarily given. This is the case even with those whom the world is disposed to account among the prosperous ; but there is a large class, who to an attentive -and practised observer, appear habitually under the influence of painful 206 SKETCHES OF THE BAR. emotion. The author of Vathek (a man conversant in affliction) has represented the condemned pacing through the Hall of Eblis with the same slow and everlasting foot-fall; and I confess, that the blank and dejected air, the forlorn and hopeless eye, the measured and heart-broken pace of many a man, whom I have observed in his revolution through the same eternal round in the Hall of the Four Courts, have sometimes recalled to me the recollection of Mr. Beckford's melancholy fancies. If I were called upon to assign the principal cause of the calamities of which so many examples occur at the Irish Bar, I should be disposed to say that their chief source lay in the unnatural elevation to which the members of that body are exalted by the provincial inferiority to which Ireland is reduced. The absence from the metropolis of the chief proprietors, and indeed of almost all the leading gentry, has occasioned the substitution of a kind of spurious aristocracy. An Irish barrister is indebted for his importance to the insignificance of his country; but this artificial station becomes eventually a misfortune to those who arc dependent upon their daily exertions for their support ; and who, instead of practising those habits of provident frugality, which are imposed by their comparative obscurity upon the cloistered tenants of the two Temples,* become slaves to their transitory conse- * Ireland is, I believe, the only country where there exists among the Bar this preposterous tendency to ostentatious expense. The French Bar, for example, live in respectable privacy, and are wholly free from extravagance. It is, I fancy, a mistake to suppose that the profits of the more eminent among them are too inconsiderable to permit of the silliness of display. The fees paid to French counsel of reputation, for their opinions, are large. Those opinions indeed arc elaborate essays upon the CALAMITIES OP THE BAB. 207 quencc; and, after having wasted the hard earnings of their youth and manhood in preposterous efforts of display, leave their families no better inheritance than the ephemeral sympathy of that public, whose worth- less respect they had purchased at so large a cost. Let law, and are called " Consultations." I had occasion, when in Paris, to consult Trippier, who is accounted the hest lawyer in Paris. He lives in the Rue C'roix des Petits Champs, in apartments of a small size and indifferently furnished ; -and although he has amassed a large fortune, and has only two daughters, lives with a prudence, which, if an Irish- man were to publish a dictionary of synonymes, would be inserted as another name for avarice. I was not a little anxious to see this cele- brated advocate, and waited impatiently in his study for his arrival. A French lawyer accompanied me, who observed that all his books related exclusively to law. The speeches of Cochin and Patin seemed indeed to be the only works connected with literature in his library. I was informed that Trippier valued nothing but the profits of his trade, and that he was wholly innocent of the sin of polite raiding. At last the great legiste appeared. I was instantaneously struck with his strong resemblance to Curran. He is of precisely the same dimensions, has a countenance cast in the same mould, the same complexion, the same irregularity of feature, and the same black and brilliant eye. It also surprised me to find that there was an affinity in the sound of the voice, and a similar tendency to place the hand on the chin, aud to throw up the head and eye, in the act of speaking. He received us with brief courtesy, and seemed very anxious that we should proceed at once to the point. He placed himself in a huge chair, and assumed a most oracular aspect. I was a good deal amused by the transition of his manner, in which there was not a little of the conjuror. He drew one knee over the other, and extended his foot, which was covered with a tight green slipper. He wrapped himself up hi his black silk robe de chambre, sus- tained his head with his left hand, fixed his forefinger on his brow, and placing his right hand to his mouth, protruded his nether lip with an air of infallibility. After hearing an oral statement, to which he gave an occasional nod, he put his fee into his pocket, and saying that the facts should be set forth upon paper, and that he should then write his opinion, bowed us out of the room. Nota Bene. \ French lawyer receives a double fee on a written statement, and fifteen Napoleons arc not unusually paid to Trippier. A. 208 SKETCHES OF THE BAR. any man look back to the numerous instances in which appeals have been made to the general commiseration upon the decease of some eminent member of the Bar, and he will not be disposed to controvert the justice of this censure upon the ostentatious tendencies of the profession. The life of an eminent lawyer may be thus rapidly sketched. He is called without any other property than those talents which have not in general a descendible quality. For some years he remains un- employed : at last gets a brief, creeps into the partia- lities of a solicitor, and sets up a bag and a wife together. Irish morality does not permit the intro- duction into the chambers of a barrister of those moveable objects of unwedded endearment, which Lord Thurlow used to recommend to the juvenile members of the profession ; and marriage, that perpetual blister, is prescribed as the only effectual sanative for the turbulent passions of the Irish Bar. In the spirit of imprudence, which is often mistaken for romance, our young counsellor enters with some dowerless beauty into an indissoluble copartnership of the heart. A pretty pauper is almost sure to be a prodigal. " Live like yourself, is soon my lady's word." Shall Mrs. O'Brallaghan, the wife of a mere attorney, provokingly display her amorphous ankle, as she ascends the crimson steps of her carriage, with all the airs of fashionable impertinence; and is the wife of a counsellor in full practice, though she may have " ridden double " at her aunt Deborah's, to be unprovided with that ordinary convenience of persons of condition ? After a faint show of resistance, the conjugal in- junction is obeyed. But is it in an obscure street that CALAMITIES OF THE BAE. 209 the coachman is to bring his clattering horses to an instantaneous stand? Is he to draw up in an alley, and to wheel round in a cul de sac ? And then there is such a bargain to be had of a house in Merrion-square. A house in Merrion-square is accordingly purchased, and a bond, with warrant of attorney for confessing judg- ment thereon, is passed for the fine. The lady dis- covers a taste in furniture, and the profits of four circuits are made oblations to virtu. The counsellor is raised to the dignity of king's counsel, and his lady is initiated into the splendours of the Viceregal court. She is now thrown into the eddies of fashionable life ; and in order to afford evidence of her domestic propensities, she issues cards to half the town, with an intimation that she is " at home." She has all this while been prolific to the full extent of Hibernian fecundity. The counsellor's sons swagger it with the choicest spirits of Kildare-street ; and the young ladies are accomplished in all the multifarious departments of musical and literary affectation. Quadrilles and waltzes shake the illuminated chambers with a perpetual con- cussion. The passenger is arrested in his nocturnal progress by the crowd of brilliant vehicles before the door, while the blaze of light streaming from the windows, and the sound of the harp and the tabor, and the din of extravagance, intimate the joyaunce that is going on within. But where is the counsellor all this while ? He sits in a sequestered chamber, like a hermit in the forest of Comus, and pursues his midnight labours by the light of a solitary taper, scarcely hearing the din of pleasure that rolls above his head. The wasteful splendour of the drawing-room, and the patient drudgery of the VOL. i. P 210 SKETCHES OF THE BAB. library, go on for years. The counsellor is at the top of the forensic, and his lady stands upon the summit of the fashionable, world. At length death knocks at the door. He is seized by a sudden illness. The loud knock of the judges peals upon his ear, but the double tap of the attorney is heard no more. He makes an unavailing effort to attend the Courts, but is hurried back to his house, and laid in his bed. His eyes now begin to open to the realities of his condition. In the loneliness and silence of the sick man's chamber a train of reflections presents itself to his mind, which his former state of professional occupancy had tended to exclude. He takes a death-bed survey of his circum- stances; looks upon the future; and by the light of that melancholy lamp that burns beside him, and throws its shadowy gleams upon his fortunes, he sees himself at the close of a most prosperous life, without a groat. The sense of his own folly and the anticipated desti- tution of his family settle at his heart. He has not adopted even the simple and cheap expedient of in- suring his life, or by some miserable negligence has let the insurance drop. What is to become of his wife and his children ? From the source of his best affec- tions, and of his purest pleasures, he drinks that potion that aqua Tophana of the mind, which renders all the expedients of art without avail. Despair sits minis- tering beside him with her poisoned chalice, and bids defiance to Colles and to Cheyne.* His family gather about him. The last consolations of religion are given * The former the most eminent surgeon, the latter the first physician in Dublin at the period when this sketch was written. Neither of them is now living. CALAMITIES OF THE BAB. 211 amidst heart-broken sobs ; and as he raises himself, and stretches forth his head to receive the final rite, he casts his eyes upon the wretches who surround him, and shrinks b.ick at the sight. It is in the midst of a scene like this, and when the hour of agony is at hand, that the loud and heartless voice of official insolence echoes from chamber to chamber; and, after a brief interval, the dreadful cer- tainty, of which the unhappy man had but too prescient a surmise, is announced. The sheriff's officers have got in ; his majesty's writ of fieri facias is in the progress of execution ; the sanctuaries of death are violated by the peremptory ministers of the law, the blanket and the silk gown are seized together ; and this is the con- clusion of a life of opulence and of distinction, and, let me add, of folly as well as fame. After having charmed his country by his eloquence, and enlightened it by his erudition, he breathes his last sigh amidst the tears of his children, the reproaches of his creditors, and a bailiff's jest. The calamities of which I have drawn this sombre picture, are the result of weakness and ostentation. Their victims are, upon that account, less deserving of commiseration than the unhappy persons whose misfor- tunes have not been their fault. This obvious reflection recalls the image of Henry MacDougall. I hear his honest laugh, which it was good for a splenetic heart to hear; I see the triumph of sagacious humour in his eye ; those feats of fine drollery, in which pleasantry and usefulness were so felicitously combined, rise again to my recollection ; the roar of merriment into which the bar, the jury, and the bench used to be thrown by this master of forensic mirth, returns upon my ear; p 2 212 SKETCHES OF THE BAR. but, alas ! a disastrous token, with the types of death upon it, mingles itself with these associations. Poor MacDougall ! he was prized by the wise and beloved by the good ; and, with a ready wit and a cheerful and sonorous laugh, he had a manly and independent spirit and a generous and feeling heart. Mr. MacDougall was at the head of the Leinster circuit, and was, if not the best, among the very first class of cross-examiners at the Bar. No man better knew how to assail an Irish witness. There was, at first, nothing of the brow-beating or dictatorial tone about this good-humoured inquisitor, who entered into an easy familiarity with his victim, and addressed him in that spirit of fantastic gibe, which is among the charac- teristics of the country. The witness thought himself on a level with the counsellor who invited him to a wrestling-match in wit, and, holding it a great victory to trip a lawyer up, promptly accepted the challenge. A hard struggle used often to ensue, and many a time I have seen the counsellor get a severe fall. However, he contrived to be always uppermost at last. The whole of " the fancy," who are very numerous in Dublin, used to assemble to witness these intellectual gymnastics. A kind of ring was formed round the combatants, and my Lord Norbury sat as arbiter of the contest, and in- sisted upon fair play. The peals of laughter which were produced by his achievements in pleasantry procured for MacDougall the title of " MacDougall of the Roar." I shall not readily forget his last display. An action for slander was brought by an apothecary against a rival pharmacopolist. One of the apprentices of the plaintiff was his leading witness, and it fell to Mr. MacDougall to cross-examine him. The wily lawyer induced the CALAMITIES OF THE BAB. 213 youthful Podalirius to make a display of his acquire- ments in detailing the whole process of his art. The farce of " the Mock Doctor" has never produced more mirth. All the faculty attended, and the crowd of doctors, surgeons, and man-midwives reached the roof. They were, however, reluctantly compelled to join in the tumult of laughter created by this formidable jester at their expense. The chorus of apothecaries in Moliere's " Malade Imaginaire," in which the various mysteries of the profession are detailed, does not disclose more matter for merriment than was revealed in the course of this ludicrous investigation. It is recorded of the " satirical knave," that he was assailed by the illness of which he died during the personation of a character intended as a ridicule upon the faculty. I sat close to Mr. MacDougall, and, while I participated in all its' mirth, my attention was attracted by a handkerchief, which the author of all this merriment was frequently applying to his mouth, and which was clotted with blood. I thought at first that it proceeded from some ordinary effusion, and turned again towards the wit- ness, when a loud laugh from the counsel at the success of a question which he had administered to the young apothecary, touching his performance of Romeo in the private theatre in Fishamble-street, directed my notice a second time to Mr. MacDougall, and I perceived that, while the whole auditory was shaken with mirth, he was taking a favourable opportunity of thrusting the bloody handkerchief into his bag, without attracting the general attention, and immediately after applied another to his lips. Again he set upon the Romeo of Fishamble-street, and produced new bursts of ridicule, of which he took 214 SKETCHES OF THE BAR. advantage to steal his bloody napkins away, and to supply himself, without notice, with the means of con- cealing the malady which was hurrying him to the grave. A day or two after this trial his illness and his ruin were announced. His high reputation in his pro- fession, his private worth, his large family, and the opinion which had been entertained of his great profes- sional prosperity, fixed the public attention upon him. It was at last discovered that all the earnings of a labo- rious life had been laid out in speculations upon lands belonging to the corporation of Watcrford, to the repre- rentation of which, it is supposed, he aspired. He had borrowed large sums of money, and had subjected him- self to enormous rents. He was induced, in the hope of ultimately retrieving his circumstancess, to involve himself more deeply in debt ; and the rank of King's Counsel, to which he was raised by Mr. Plunket, in a manner equally honourable to both, offered a new career to his talents, and led him to expect that all his difficulties might be at last surmounted. But the hope was a vain one. The pressure was too great for him to bear, and he sank at last beneath it. For a long time he struggled hard to conceal the state of his circumstances and of his mind, and assumed a forced hilarity of manners. He was conspicuous for an obstreperous gaiety at the bar-mess on his circuit, and no man laughed so loudly or so long as he did ; but when his apparently exuberant spirits were spoken of, those who knew him well shook their heads, and hinted that all was not right within. And so it proved to be. His mind had for years been corroded with anxieties. His constitution, although naturally vigorous, was slowly shaken by the sapping of continual care. A mortal CALAMITIES OF THE BAK. 215 disease at length declared itself, in the increasing gush of blood from the gums, which he had employed the expedients thatl have mentioned to conceal. Yet even in the hours of advancing dissolution, he could not be induced to absent himself from court; and the scene which I have been describing was one of those in which, if I may so say, Momus and Death were brought into fellowship. He died a short time after the trial in which I had noted this painful' incident. To the last, his love of ludicrous association did not desert him. A little while before his departure, one of his oldest friends was stand- ing at his bed-side and bidding him farewell. During this melancholy parting, a collapse of the jaws took place, which rendered it necessary to tie a bandage under the chin ; and in the performance of the opera- tion, with the blood still oozing from his mouth, and trickling down the sheets, he turned his eyes languidly to his friend, and muttered, with a faint smile, " I never thought to have died chapfallen." This observation was not the result of insensibility ; quite the reverse. " You should have seen him when he spoke it," said the person who mentioned the circumstance ; " I felt like the companion of Yorick's death-bed, who perceived, by a jest, that the heart of his friend was broken." It is consolatory to know, that since his death his property has been turned to good account, and that his family are placed in independence. Never to attain to station at the Bar; to carry the consciousness of high talent; to think that there is a portable treasure in one's mind, which the attorneys do not condescend to explore; to live for years in hope, and to feel the proverbial sickness of the heart arising 216 SKETCHES OF THE BAR. from its procrastination these are serious ills. But the loss of business, at an advanced period of life, is a far greater calamity than never to have attained its possession. Yet a distinction is to be taken. Those who have been deserted by their business are divisible into two classes, who are essentially different : the pru- dent, who, with the forecast which is so rare a virtue in Ireland, have taken advantage of the shining of their fortunes, and, by a sagacious accumulation, are enabled to encounter the caprices of public favour ; and they who, after a life of profuseness, find themselves at last abandoned by their clients, without having preserved the means of respectable support. The former class suggest a ludicrous, rather than a melancholy train of images. The contemplation of a rich man out of em- ployment affords more matter for merriment than for condolence. To this body of opulent veterans my friend Pomposo belongs. His success at the Bar was eminent. He possessed, in a high degree, a facility of fluent and sonorous speech, and had an imposing and well-rounded elocution, a deep and musical voice, a fine and com- manding figure, and a solemn and didactic countenance. He flourished at a period when a knowledge of the minute technicalities of the law was not essential at the Irish Bar. There was a time when an Irish counsellor was winged to heaven by a bill of exchange, and drew tears from the jury in an ejectment for non-payment of rent. In those days Pomposo was in the highest re- repute; and such was the demand for him, that the attorneys up5R opposite sides galloped from the assize towns to meet him, and sometimes arriving at the same moment at the open windows of his carriage, thrust in CALAMITIES OF THE BAR. 217 their briefs, "with a shower of bank-notes, and simul- taneously exclaimed that the counsellor belonged to them. Upon these occasions Pomposo used to throw himself back in his post-chaise with an air of imperious nonchalance, and, pocketing the money of both parties, protest that it was among the calamities of genius to be stopped in the king's highway, and, drawing up the windows of his carriage, commanded the postilion to drive on. This half-yearly "triumph of eloquence through the Munster circuit lasted for a considerable time, and Pom- poso found himself a rich man. When after the enact- ment of the Union, English habits began to appear, and the iron age of demurrers and of nonsuits succeeded to the glorious days of apostrophes and harangues, it was all over with Pomposo. Still he loved the Four Courts, and haunted them. Becoming at last weary of walking the Hall, he took refuge in the Library attached to the Courts. It was pleasant to hear him ask, with an air of earnestness, for the oldest and most unintelligible reper- tories of black letter, in which he affected to seek a pastime. Bracton seemed to be his manual, and Fleta his vade-mecum. I have heard his deep and solemn voice, which still retained its old rhetorical tones, break- ing in upon the laborious meditations of the young gentlemen who had recently returned from Butler's or Sugden's offices, bristling with cases and with points, and who just raised up their heads and invested their features with aLincolnVinn expression at any intrusion of a lawyer of the old school into this repository of erudition. Pomposo, having armed himself with one of the year-books, took his station tranquilly by the fire, and after stirring it, and commenting with his habitual 218 SKETCHES OP THE BAB. magniloquence upon the weather, threw open the annals of justice in the reign of the Edwards, and fell fast asleep. It has been recorded of him that he has been heard, upon these occasions, to speak in his slumbers ; and while Queen Mab was galloping on his fingers, he has alternately intermingled the prices of stocks with adjurations to a Munster jury. Pomposo still goes the circuit. No man is more punc- tual in his attendance at the exact hour of dinner at the Bar-room. The junior, who is generally fresh from a pleader's office, and enamoured of Nisi Prius upon his first tour, remains in court until the business is con- cluded, and thus neglects the official duty which requires his presence at the Bar-room at five o'clock. Pomposo and an old friend or two enter together. Pomposo draws forth his watch, and exclaims, "Ten minutes past five o'clock, and the junior not yet come ! " Having a taste for music, he beguiles the time with humming some of those airs for which he was famous in his youth, and goes through the best portion of the "Beggar's Opera," when six o'clock strikes. "I protest it is six o'clock, and the junior is not yet come 'When the heart of a man,' &c.;" and so Pomposo continues until seven o'clock, alternately inveighing against the remiss- ness of modern juniors, and, as Wordsworth has ex- pressed it, " whistling many a snatch of merry tunes That have no mirth in them." The wealth which this very respectable gentleman has accumulated raises him above the sympathy of the Bar. The other class of barristers without employment falls more immediately under the title with which I have headed this article. There was a set of men at CALAMITIES OP THE BAB. 219 the Irish bar who, I think, may be designated as " the Yelverton school of lawyers." Lord A.vonmore, the Chief Baron of the Exchequer, whose name was Barry Yelverton, originally belonged to that grade in society which is within the reach of education, but below that of refinement. He never lost the indigenous roughness and asperity of character, which it has been said to be the office of literature to soften and subdue; but he had a noble intellect, and in the deep rush of his elo- quence the imperfections of his manner were forgotten. His familiarity with the models of antiquity was great, and his mind had imbibed much of the spirit of the orators of Greece and Rome, which he infused into his own powerful discourses. So great was his solicitude to imbue himself with the style of the eminent writers whom he admired, that he translated several of their works, without a view to publication. His talents raised him to the highest place at the Bar, and his political complaisance lifted him to the Bench. In private life he possessed many excellent qualities, of which the most conspicuous was his fidelity in friendship. In his ascent, he raised up the com- panions of his youth along with liim. The business of the Court of Exchequer was, under his auspices, divided among a set of choice spirits who had been the boon companions of his youth, and belonged, as well as himself, to a jovial fraternity, who designated themselves by the very characteristic title of " Monks of the Screw."* These merry gentlemen encountered a non- * " A patriotic and convivial society," says Mr. William Henry Curran, in his life of his father, who was one of the original members, " com- posed of men such as Ireland could not easily assemble now. It was a collection of the wit, the genius, and public virtue of the country ; 220 SKETCHES OF THE BAR. suit with a joke, and baffled authority with a repartee. A system of avowed and convivial favouritism prevailed in the court ; and the " fecundi calices" which had been quaffed with his Lordship, were not unnaturally pre- sumed to administer to the inspiration of counsel on the succeeding day. The matins performed in court were but a prolongation of the vespers which had been celebrated at the abbot's house ; and as long as the head of the order continued on the bench, the " Monks of the Screw" were in vogue; but when the Chief Baron died, their bags were immediately assailed with atrophy. They lost their business, and many of them died in extreme indigence. It may be readily imagined that their habits were inconsistent with the spirit of and though the name of the society itself is not embodied in any of the national records, the names of many of its members are to be found in every page, and will be remembered, while Ireland has a memory, with gratitude and pride." The club had a chartered song, which was written by Curran. The following are two of the stanzas : " When St. Patrick this order established, He called us the Monks of the Screw ; Good rules he revealed to our Abbot, To guide us in what we should do. But first he replenished our fountain With liquor the best in the sky, And he swore on the word of a saint That the fountain should never run dry. " Come each take his chalice, my brethren, And with due devotion prepare, With hands and with voices uplifted, Our hymn to conclude with a prayer. May this chapter oft joyously meet, And this gladsome libation renew, To the Saint, and the Founder, and Abbot, And Prior and Monks of the Screw." CALAMITIES OF THE BAK. 221 saving. They were first pitied, then forgotten, and soou after buried. Most of these gentlemen flourished and withered before my time. One of them, however, I do remem- ber, who survived his companions, and whose natural vitality of spirit, and Diogenes turn of philosophy, sus- tained his energy to the last. This was Mr. Jeremiah Keller, who was universally known by the more familiar appellation of Jerry Keller in the Courts. The at- torneys could deprive him of his briefs, but could not rob him of his wit. He was a man " replete with mocks, Full of comparisons and wounding flouts." The loss of business served to whet his satire and give more poignancy to his biting mirth. He used to attend the hall of the Courts with punctuality, and was gene- rally surrounded by a circle of laughers, whom the love of malicious pleasantry attracted about him. His figure and demeanour were remarkable. He never put on his wig and gown, as he scorned the affectation of employment, but appeared in an old frieze great-coat of rusty red, which reached to his heels, and enveloped the whole of his gaunt and meagre person. A small and pointed hat stood upon his head, with a narrow and short curled brim. His arms were generally thrust into the sleeves of his coat, which gave him a peculiarity of attitude. Looking at him from a distance, you would have taken him for some malevolent litigant from the country, upon whose passions a group of mockers were endeavouring to play; but, upon a more attentive perusal of his countenance, you perceived a habit of thought of a superior order, and the expression of no ordinary mind. 222 SKETCHES OF THE BAR. His features were sharp, and pointed to the finest edge. There was that acuteness of the nose which denotes the lover of a gibe. His eyes were piercing, clear, and brassy ; they were filled with a deadly irony, which never left them. A flash of malignant exultation played over his features when he saw how deeply the shaft had struck, and with what a tenacity it stuck to his victim. The quiver of his lip, in giving utterance to some mortal sneer, was peculiarly comical : he seemed as if he were chewing the poison before he spat it forth. His teeth gave a short chatter of ridicule ; you heard a dry laugh, a cachinnus which wrinkled all his features, and, after a sardonic chuckle, he darted forth the fatal jest, amidst those plaudits for its bitterness which had become his only consolation. Jerry Keller, as the senior, presided at the mess of the Munster bar, and ruled in all the autocracy of unrivalled wit. It was agreed upon all hands that Jerry should have carte-blanche with every man's cha- racter, and that none of his sarcasms, however formi- dable, should provoke resentment. This was a necessary stipulation; for when he had been roused by those potations in which, according to a custom which he did not consider as " honoured by the breach," he liberally indulged, there was a Malagrowther savagcness in his sarcasm which made even the most callous shrink. He who laughed loudest at the thrust which his neighbour had received, was the next to feel the weapons of this immitigable satirist. To enter into a struggle with him, was a tempting of God's providence. You were sure to be pierced in an instant by this accomplished gladiator, who could never be taken off his guard. Jerry had been a Catholic, and still retained a lurking CALAMITIES OF THE BAB. 223 reverence for a herring upon Good Friday. A gentle- man of no ordinary pretension, observing that Jem- abstained from meat upon that sacred day, ventured to observe, " I think, Jerry, you have still a damned deal of the Pope in your belly." " If I have," said Jerry, "you have a damned deal of the Pretender in your head."* I was one day (let not my reader allow himself to be startled by too sudden a transition from Dublin to Constantinople) I was, I recollect, one day repeating this sarcasm to a gentleman who had recently returned from the East, and mentioned the name of the barrister, Mr. N , to whom it had been applied ; and I was a good deal surprised, that, instead of joining in a laugh at the bitterness of the retort, his face assumed a melancholy expression. I asked him the cause of it, when he told me, that the name which I had just uttered, had recalled to him a very remarkable and very painful incident which had happened to him at Con- stantinople. I begged him to relate it. "I was one evening," he said, " walking in the cemeteries of Con- stantinople. But I have, I believe, written an account of this adventure in my journal, and had better read it to you." He accordingly took a huge book from a drawer, and read as follows : " It is not unusual for the inhabitants of the Asiatic portion of the great capital of Islamism, to walk in the evening amidst the vast repositories of the dead, which are adjacent to Scutari. Death is little dreaded in the East, while the remains of the deceased are objects of tenderness and respect among their surviving kindred. This pious sentiment being unaccompanied by that * Mr. Keller is also mentioned in the sketch of Lord Norlmry, \vhere his remark on the elevation of Judge Mayne is related. 224 SKETCHES OF THE BAR. dismay with which we are apt to look upon the grave, attracts the Turks to the vast fields where their friends and kindred are deposited. I proceeded upon a summer evening, from Constantinople properly so called, to the Asiatic side, and entered the vast groves of cypresses which mark the residence of the dead. The evening was brilliant. There was not a breath of wind to stir the leaves of those dismal trees, which spread on every side as far as the sight can reach, and being planted in long and uniform lines, open vistas of death, and con- duct the eye through long sweeps of sepulchres to the horizon. The dwellings of the dead were filled with the living. The ranges of cypresses were crowded with Turks, who moved with that slow and solemn gait which is peculiar to the country. The flowing and splendid dresses of those majestic infidels, their lofty turbans, of which the image is sculptured upon every monument, their noble demeanour, and their silence and collectedness, by the union of life and death to- gether, gave an additional solemnity to this imposing spectacle. " The setting of the sun threw a mournful splendour upon the foliage of the trees, and lighted up this forest of death with a funereal glory. I leaned against a cypress which grew over a grave on which roses had been planted. From this spot, full of those " flower- beds of graves/' as Mr. Hope has called them, and which mothers or sisters had in all likelihood so adorned (it is the usage in the East to apparel a tomb with these domestic tokens of endearment), I looked around me. While I was contemplating this " patri- mony of the heirs to decay," my attention was attracted by a man dressed in tattered white, and with a ragged turban on his head, who stood at a small distance from CALAMITIES OF THE BAE. 225 me, and, although attired in the dress of the country, had something of the Frank in his aspect. There was an air of extreme loneliness and desolation about him. He leaned with his back to a marble sepulchre, which was raised by the side of the public road that for miles traverses the cemeteries. His arms were folded, his head was sunk on his chest, and his eyes fixed upon the earth. The evening was far advanced, and, as it grew dark, the crowds who had previously filled the cemete- ries began to disperse. As the brightness of the evening passed away, I perceived that dense and motionless cloud of stagnant vapours which had dis- appeared in the setting sun, but which, Mr. Hope tells us, for ever hangs over these dreary realms, and is ex- haled from the swelling soil ready to burst with its festering contents. A chilly sensation stole upon me, and I felt that I was ' set down in the midst of the valley which was full of bones/ I was about to depart from this dismal spot, when, looking towards the sepulchre where I had observed the solitary figure I have been describing, I perceived that he was approach- ing. I was at first a little startled, and, although my apprehensions passed away when he addressed me in the English language, my surprise, when I looked at him, was not a little increased. He said, that he con- jectured from my appearance that I was an English- man ; and was proceeding to implore, with the faltering of shame, for the means of sustenance, when I could not avoid exclaiming, ' Gracious God! can it be?' 'Alas!' said the unfortunate man, covering his face with his hands, ' it is too true, I am Mr. N of the Irish bar/ The gentleman who read this singular incident from VOL. i. Q 226 SKETCHES OF THE BAR. his journal, was at the time employed in writing a Tour in the East, and may have tinged his description of the cemeteries of Stamboul with some mental colours. But, of the fact of this interview having taken place in the burial-ground of Constantinople, I have no doubt. It would not be easy to imagine adventures more disas- trous than those of the unhappy Mr. N . He moved in Dublin in the highest circles, and was prized for the gracefulness of his manners and the gaiety of his conversation. He became a favourite at the Castle, and was admitted to the private parties at the Viceregal palace. The late Duchess of Gordon visited Ireland, and was greatly pleased with his genius for losing at piquet. No person was preferred by that ingenious dowager to a votary of fortune who still continued to worship at a shrine where his prayers had never been heard. It was rumoured that he was every day plunging himself more deeply into ruin ; still he pre- served his full and ruddy cheek, and his glittering and cheerful eye. Upon a sudden, however, the crash came, and his embarrassments compelled him to leave the country. He had one friend. Mr. Croker, of the Admiralty, had known him when he was himself at the Irish Bar, and was diligently employed in writing those admirable satires, with which I shall endeavour, upon some future occasion, to make the English public better acquainted; for Mr. Croker is not only the author of " The Battle of Talavera," but likewise of the " Familiar Epistles," and is thought to have assisted Mr. N in the com- position of "The Metropolis/' These very able pasqui- nades were but the preludes to high undertakings. It does Mr. Croker great honour, that, in his emergencies, CALAMITIES OF THE BAB. 227 his brother barrister and satirist was not forgotten. The honourable secretary procured a lucrative situation for Mr. N in the island of Malta. His Irish friends looked forward to the period when he should be enabled, after recruiting his circumstances, to return to Ireland, and to reanimate Kildare-street Club-house with that vivacious pleasantry, of which he was a feli- citous master ; when, to every body's astonishment, it was announced that Mr. N had left the island, had taken up his residence at Constantinople, and renounced his religion with "his hat. He became a renegade, and invested his brows with a turban. The motives assigned for this proceeding it is not necessary io mention. It is probable, that he involved himself a second time by play, and that he had no other resource than the expedient of a con- version, through the painful process of which he heroically went. Having carried some money with him to Constantinople, he at first made a considerable figure. He was dressed in the extreme of Turkish fashion, and was considered to have ingratiated himself by his talents into the favour of some leading members of the Divan. His prosperity at Constantinople, however, was evanescent. His money was soon spent, and he fell into distress. Letters of the most heart-rending kind were written to his friends in Dublin, in which he re- presented himself as in want of the common means of subsistence. It was in this direful state of destitution, that he addressed himself, in the cemeteries of Constantinople, to a person whom he guessed to be a native of these countries, and whom he discovered to be his fellow- citizen. His condition was lamentable beyond the 228 SKETCHES OF THE BAR. power of description. His dress was at once the emblem of apostacy and of want. It hung in rags about a person which, from a robust magnitude of frame, had shrunk into miserable diminution. He carried starvation in his cheeks ; ghastliness and misery overspread his features, and despair stared in his glazed and sunken eye. He did not long survive his calamities. The conclusion of his story may be briefly told. For a little while he continued to walk through the streets of Constantinople, in search of nourishment, and haunted its cemeteries like the dogs to which Christians are compared. He had neither food, roof, or raiment. At length he took the desperate resolution of re- lapsing into Christianity ; for he indulged in the hope, that, if he could return to his former faith, and effect his escape from Constantinople, although he could not appear in these countries again, yet, on the Continent, he might obtain at least the means of life from the friends who, although they could not forgive his errors, might take compassion upon his distress. He accordingly endeavoured to fly from Constantinople, and induced some Englishmen who happened to be there, to furnish money enough to effect his escape. But the plot was discovered. He was pursued and taken at a small distance from Constantinople ; his head was struck off upon the beach of the Bosphorus, and his body thrown into the sea.* * The name of this unfortunate person was Xortlicotc. 229 DIARY OF A BARRISTER. , 1826.] I AM an Irish Barrister, and go the Leinster Circuit. I keep a diary of extra-professional occurrences, in this half-yearly round, a sort of sentimental note-book, which I preserve apart from the nisi prius adjudications of the going judges of assize. In reading over my jour- nal of the last Circuit, I find much matter which with more leisure I could reduce into better shape. I shall content myself for the present with an account of the last assizes, or rather of myself during the last assizes of Wexford, premising that I do little more than trans- cribe the record of my own feelings and observations from a diary, to which, as I have intimated, they were committed without any intention that they should be submitted to the public eye. This will account for the character of the incidents, and the want of classification in their detail. I set off" from Dublin on the 17th of July, and on Sunday morning passed in the mail-coach through Ferns. In England, a barrister is not permitted to 230 SKETCHES OF THE BAR. travel in a public vehicle, lest he should be placed in too endearing a juxta-position to an attorney. But in Ireland no such prohibition exists ; and so little aris- tocracy prevails in our migrations from town to town, that a sort of connivance has been extended to the cheap and rapid jaunting-cars by which Signer Bianconi (an ingenious Italian) has opened a communication between almost all the towns in the south of Ireland. "Wexford is a very ancient town. It was formerly surrounded by walls, a part of which continue standing. They are mantled with ivy, and are rapidly mouldering away ; but must once have been of considerable strength. The remains of an old. monastery are situate at the western gate. By a recent order of vestry, (at which Catholics are not permitted to vote,) a tax was laid on the inhabitants for the erection of a new church upon the site of the monastic ruin. Upon entering Wexford I missed a portion of the old building. I walked into its precincts, and found that some of the venerable archea of the ancient edifice had been thrown down, to make way for the modern structure. The work of devastation had been going on among the residences of the dead. A churchyard encompasses these remains of Christian antiquity ; and I observed that many a grave had been torn up, in order to make a foundation for the new Protestant church. The masons who had been at work the preceding day, had left some of their imple- ments behind them. To behold the line and the trowel in the grave, would be at any time a painful spectacle ; but this violation of the departed becomes exasperating to our passions, aa well as offensive to our religious sen- timents, when it is occasioned by an invasion of the ancient and proper demesne of the almost universal faith DIARY OF A BABRISTEK. 231 of the people. Fragments of white bones had been thrown up, and lay mingled with black mould upon the green hillocks of the adjoining dead. " Why should not that be the skull of an Abbot?" I exclaimed, as I observed the fragments of a huge head which had been recently cast up : " little did he think, that, in the very sanctuary of his monastic splendour, he should ever be ' twitched about the sconce' by a rude heretical knave, and that a Protestant shovel should deal such profana- tion upon a head so" deeply stored with the subtleties of Scotus and the mysteries of Aquinas ! " After passing some minutes in chewing the cud of these bitter fancies, I became weary of my meditations among the dead, and strolled towards the quay of Wex- ford, upon which both church and chapel had poured out all their promiscuous contents. Here was a large gathering of young damsels, who after having gone through their spiritual duties, came to perform the tem- poral exercise of an Irish Sabbath. There was a great display of Wexfordian finery. The women of Wexford of the better class have, in general, a passion for dress, to which I have heard that they sacrifice many of their domestic comforts. This little town is remarkable for a strange effort at saving and display. It is not uncom- mon to see ladies, who reside in small and indifferently furnished lodgings, issuing from dark and contracted lanes in all the splendour which millinery can supply. This tendency to extravagance in dress is the less excusable, because Nature has done so much for their faces and persons, as to render superfluous the efforts of Art. The lower, as well as higher classes, are con- spicuous for beauty. There are two baronies in this county, in one of which the town is situate, the inhabi- 232 SKETCHES OF THE BAR. tants of which are descended from a colony planted by the first English settlers, who never having intermingled their blood with the coarser material of the country, have retained a perfectly characteristic physiognomy, and may be distinguished at a glance from the popula- tion of the adjoining districts. The Irish face, although full of shrewdness and vivacity, is deficient in propor- tion and grace. Before you arrive in Wexford, in tra- versing the craggy hills which overhang it, you meet with countenances at every step, which are marked by a rude energy and a barbarous strength. Through the cloud of smoke that rolls from the doors of a hovel of mud, you may observe the face of many an Hibernian damsel, glowing with a ruddy and almost too-vigorous health, made up of features whose rudeness is redeemed by their flexibility and animation, with eyes full of mockery and of will, and lips that seem to provoke to an encounter in pleasantry, for which they are always prepared. The dress of the genuine Irish fair is just sufficient to conceal the more sacred of their symmetries, but leaves the greater portion of their persons in a state of brawny and formidable nudity. But when you descend from the hills to the eastern coast, you are immediately struck with a total dissimi- larity of look, and cannot fail to notice a peculiarly English aspect. I am disposed to think the young women of the lower class in the baronies of Forth and Bargy, even more graceful and feminine than the most lovely of the English peasantry, whom I have ever had occasion to notice. Their eyes arc of deep and tender blue, their foreheads are high and smooth, their cheeks have a clear transparent colour, and a sweetness of expression sits on their full fresh lips, which is united DIARY OF A BARRISTER. 233 with perfect modesty, and renders them objects of pure and respectful interest. They take a special care of their persons, and exhibit that tidiness and neatness in attire, for which their English kindred are remarkable. I have often stopped to observe a girl from the barony of Forth, in the market of Wexford, with her basket of eggs or of chickens for sale, and wished that I were an artist, in order that I might preserve her face and figure. Her bonnet of bright and well-plaited straw just per- mitted a few bright ringlets to escape upon her oval cheek : over her head was thrown a kerchief of muslin to protect her complexion from the sun. Her cloak of blue cloth, trimmed with grey silk, hung gracefully from her shoulders. Her boddice was tightly laced round a graceful and symmetrical person. Her feet were com- pressed in smart and well-polished shoes ; and as she held out her basket to allure you into a purchase of her commodities, her smile, with all its winningness, was still so pure, that you did not dare to wish that she should herself be thrown into the bargain. It is clear that the peasantry of these districts are a superior and better-ordered tribe. Industry and morality prevail amongst them. Crime is almost un- known in the baronies of Forth and Bargy. The English reader will probably imagine that they must be Protestants. On the contrary, the Roman Catholic religion is their only creed, and all efforts at proselytism have wholly failed. It has often been considered as singular, that the Irish rebellion should have raged with such fierceness among this moral and pacific peasantry. Some are disposed to refer the intensity of their politi- cal feelings to their attachment to the Catholic religion; but I believe that the main cause of the temporary 234 SKETCHES OF THE BAR. ferocity into which they were excited, and in the indul- gence of which they, for a while, threw off all their former habits, had its origin in the excesses of which a licentious soldiery were guilty, and that the dishonour of their wives and daughters impelled them to revenge and blood. I have extended my description of the inhabitants of these two Saxon districts (for they may be so called) beyond the limits I had proposed. But I write in a desultory fasiou, upon matters which are in themselves somewhat unlinked together. While I was wandering up and down the quay of Wexford, and, after having fed my eyes to satiety, was beginning to yield to the spirit of oscitation which is apt to creep upon a lawyer on the Sabbath, a gentleman had the goodness to invite me to accompany him up the river Slaney, to a fine wood upon the banks of the stream, where he proposed that his party should dine upon the refreshments with which his barge was copiously stored. I gladly took advantage of this very polite invitation ; the wind was favourable, and wafted us along the smooth and glassy stream with a rapid and delightful motion. The banks are remarkable for their beauty. On the right hand, as you proceed up the river, the seat of the La Hunt family offers a series of acclivities covered with thick and venerable wood. The temperature of the air is so soft, and the aspect so much open to the mid-day sun, that shrubs which are proper to southern latitudes grow in abundance in these noble plantations. At every turn of the stream, which winds in a sheet of silver through a cultivated valley, landscapes worthy of the pencil of Gainsborough or of Wilson are disclosed. Castles, old Danish forts, the ruins of monasteries, and, I should DIABY OF A BARRISTER. 235 add, the falling halls of absentees, appear in a long suc- cession upon both sides of the stream. I was a good deal struck with a little nook, in which a beautiful cottage rose out of green trees ; and asked who was the proprietor. It had been built, it seems, by Sir H. Bate Dudley, the former proprietor of the Morning Herald, who resided for some time upon a living given to him in. this diocese. I was informed that he was respected by all classes, and beloved by the poor. His departure was greatly regretted. Not far from Sir H. Bate Dudley's cottage, is the residence of Mr. Devereux, of Carrick Nana. He is said to be descended from a brother of William the Conqueror, and certainly belongs to one of the most ancient families in Ireland. The political race of this gentle- man is so honourably ardent, that he has gone to the expense of collecting portraits of all the parliamentary friends of Emancipation, and devoted a gallery to the purpose. After passing his seat, we saw Mount Leinster, towering in all its glory before us, with the sun descending upon its peak. Having reached the point of our destination, we landed in a deep and tangled wood, and sat down to dinner in a cave which overhangs the stream. While we were sitting in. this spot, which I may justly call a romantic one, a sweet voice rose from the banks beneath, in the music of a melancholy air. It was what I once heard a poor harper call " a lonesome air." I do not know whether certain potations com- pounded of a liquor which, in our love of the figurative, we have called" mountain dew," might not have added to the inspiration of the melody. When it ceased, we proceeded to discover the fair vocalist who had uttered 236 SKETCHES OF THE BAR. such dulcet notes, and whom one of us compared to the Lady in Comus. What was our disappointment, when, upon approaching the spot from which the music had proceeded, we fqund an assembly of Sabbatarian wassailers, who gave vent to a loud and honest laugh, as we arrived. The echoes took up their boisterous merriment, which reverberated through the woods and hills. The songstress who had so enchanted us, was little better than a peasant girl. These good people, who were sitting in a circle round a huge jug of punch, had resolved to participate in the beauty of Nature, of which we are all tenants in common, and like ourselves, had roved out from the town to dine in the wood. They entered their boat at the same time that we pushed off from the bank, and accompanied us. It was now evening. The broad water was without a ripple. The sun had gone down behind Mount Leinster, and a rich vermilion was spread over the vast range of lofty and precipitous hills that bound the western horizon. The night was advancing from the east, towards which our boats were rapidly gliding. The woods which hang upon the banks, had thrown their broad shadows across the stream. We reached the narrow pass where the remains of a palace of King John, which is still called " Shaun's Court," stand upon the river, while the Tower of Fitzstephen rises upon the other bank. This was the first hold raised by the English upon their landing. It is built on a rock, and commands the gorge in which the Slaney is at this point narrowly compressed. While our barge was carried along the dark water, the fair vocalist, who was in the other boat, was prevailed upon to sing an Irish melody ; our oars were suspended. Without any know- DIARY OP A BARRISTER. 237 ledge of music, she possessed a fine voice, and was not destitute of feeling. She selected an old Irish air, to which Moore has appropriately allied the misfortunes of Ireland. "Wexford is the birthplace of the poet;* and as his beautiful words passed over the waters, I could not avoid thinking that in his boyhood he must often have lingered amidst the hills which surrounded us, in which the loveliness of Nature is associated with so many national recollections. It is not impossible that his mind may have taken its first tinge from these scenes, which it is difficult for even an ordinary person to contemplate without a mournful emotion. The enchanting melancholy of the air, which is commonly called "The Coulin," and which was sweetly and inartificially sung, went deeply into our hearts. The impression left by the poetry and the music, which were so well assisted by a beautiful locality, did not soon pass away. While our spirits were still under the influence of the feelings which had been called forth by these simple means, the lights of the town of Wexford were descried. As we approached, I perceived the arches of the bridge, which stretches its crazy length from the town to the opposite side of the river. It was upon this bridge that the infuriated insurgents, upon becoming masters of Wexford, collected their prisoners, and murdered them in what I was going to call cold blood .- but the phrase would be an inappropriate one. The passions of the people, which had been heated to the utmost intensity in the course of that frightful contest, had * The publication of Mr. Moore's Memoirs has settled the question as to the place of his nativity. He was not born in Wexford, as Mr. Shiel supposed, but in Aungier-street, Dublin. 238 SKETCHES OF THE BAK. not lost their rage at the time that they were guilty of that terrific slaughter. A gentleman who sat by my side, had witnessed most of the events to which I am alluding. As we neared the memorial of that horrible event, (for the Bridge of "Wexford has almost become impass- able, and scarcely serves any other purpose than that of preserving the recollection of the sanguinary mis- deeds enacted upon it) I inquired the details of the massacre. He told me that some ninety persons, of both sexes, were placed by the rebels upon the bridge ; that their fate was intimated to them ; and that they were desired to prepare for death. The Catholic clergy interposed, without effect. The insurgents were bent upon revenge for the wrongs which most of them had individually sustained, and ferociously appealed to the blood upon their own doors, in vindication of what they had resolved to perpetrate. Their unfortunate victims fell upon their knees, and cried out for mercy. " You showed it not to our children," was the answer ; and to such an answer no replication can be given in a civil war. At the appointed moment, the gates of the bridge were thrown open, and the work of death was almost instantaneously completed. We had now approached sufficiently near the bridge to perceive its mouldering timbers with distinctness, and to hear the plash of the waters against its rotten planks. I am not guilty of any affectation when I say that the sound was peculiarly dismal. The continuous dash of the wave at all times (whatever be the cause, and I leave it to metaphysicians to assign it) disposes the mind to a mournful mood. Perhaps it is that the rush of water, of which we are warned by its momen- DIARY OF A BARRISTER. 239 tary interruption, suggests the ideas of transitoriness, and presents an image of the fleeting quality of our existence. But there was something in the sound of the river, as it broke upon the piles of decayed and bending timber that sustain the bridge of "Wexford, of a peculiarly melancholy and more than common-place kind. I could not help thinking, as I surveyed that decayed but still enduring fabric (why does not the tide wash it into the sea ? ) that upon those shattered boards, and weed-mantled planks, there had been many a wretch who clung with a desperate tenacity for a little longer life, until a thrust of the insurgent's pike loosened the grasp of agony, and the corpse, after whirling for a moment in the eddies beneath, was wafted into .the ocean, and became the sea bird's perch. Such were the feelings with which I could not help looking upon this memorial of the shame and disasters of my country. A few days after, there occurred in this very spot a scene which tended rather to rivet than to weaken the political interest with which the bridge of Wexford ought to be surveyed. Mr. O' Council was brought as special counsel to Wexford : the people determined to pay him all the honours which it was in their power to bestow. It was decided that an aquatic procession, if I may use the phrase,, should meet him at Fitzstephen's Tower, and that he should be attended by the citizens from the ground where the English had fixed the foundations of their dominion. The counsellor was accordingly met, at the pass which I have described, by a fleet of boats, and was forced to step into a triumphal barge, manned by the choicest rowers who could be procured. They were 240 SKETCHES OF THE BAR. dressed in green jackets trimmed with gold. A large flag of the same emblematical colour, with a harp without a crown, floated from the stern. An immense multitude were assembled upon the banks, and a vast number of boats crowded the river. The counsellor entered the patriotic barge with a show of reluctance, and took his seat. Three cheers were given. Considunt transtris ; intentaque bracHa remis : Intenti expectant signum, exsultantiaque haurit Corda pavor pulsans, laudumque adrecta cupido. Inde, ubi clara dedit sonitnm tuba, finibus omnes, Haud mora, prosilu6re suis : ferit sethera clamor Nauticus : adductis spumant freta versa lacertis. The spectacle exhibited in Wexford upon this occa- sion was a striking one. The whole Catholic population poured forth to greet Mr. O'Connell, and thousands gathered upon the quay and bridge of Wexford to hail his arrival. The Protestants, who find in every inci- dent of this kind an association with the events of 1798, stood with an expression of deep and angry gloom in the midst of all the turbulent exultation of their Popish fellow-citizens. I observed groups of silent and scowl- ing men, whose physiognomies did not permit me to doubt their religion. They muttered a few words to each other, and seemed to gripe their hands as if they felt the yeoman's sabre already in their grasp. The Catholics were either heedless of their anger, or derided its impo- tence. They were assembled in vast numbers upon the bridge, which tottered beneath their weight. At length the counsellor's barge came in sight. A cheer followed every stroke of the oar, and at length he reached the point selected for his reception in the city, and stepped from his barge upon the bridge, which, I suppose, in the eyes of the Protestant portion of the spectators, grew red DIARY OF A BARRISTER. 241 beneath his footsteps. In their disturbed imaginations every foot-print was marked with blood. The assi2es opened. The judges were the Chief- Justice of the King's Bench, and Mr. Justice Johnson, one of the judges of the Court of Common Pleas. The former regularly goes the Leinster circuit; some of his immediate friends and kindred are upon it. Charles is the name of the Chief-Justice, and the constellated lights, by which he is surrounded, have been called "his wain." It is natural that a feeling of disrelish for this undeviating adherence to Leinster should exist at the Bar, and it is equally natural that the Chief- Justice should disregard it. The ancient residence of his family (which settled in Ireland in the reign of Charles the Second) is situate in the county of Kilkenny. It is for many reasons most dear to him. His attachment to this domestic spot does not arise from a mere idle pride of honourable birth, but takes its origin in a most noble action. Although not bound to do so, he sold his paternal property to pay his father's debts, repurchased it with the profits of his industry and his genius, and now holds the estate of his forefathers by a better ^itle than descent. Lord Redesdale's nephew, Mr. Mitford, who was deposited in Ireland by his able uncle, has a great talent for drawing. One of his best pictures hangs over the chimney of the principal room at Kilmurry (the seat of the Chief-Justice) and appro- priately represents Sterne's story of "the Sword." The subject was felicitously chosen. It is impossible that the Chief- Justice should not feel a strong attachment to a mansion which affords an evidence at once of his genius and of his virtues ; and it would be strange if he did not exercise the privilege of selection which belongs VOL. I. B 242 SKETCHES OF THE BAR. to his judicial rank, in favour of a circuit upon which his own property is situate, in almost immediate con- tiguity to every town in which it is his office to preside. How far it is contrary to public policy to allow of this perpetual return of the same judge to the same circuit, admits of doubt. It is hard for a man of the purest mind to divest himself of preconceptions, formed by in- timate and reiterated observation. A judge is also apt to take local views where he contracts topical connections, and may consider it necessary to administer justice with more rigour in districts with the habits of criminality of which he may have acquired a peculiar intimacy. A stronger anxiety for the suppression of atrocities in his own immediate vicinage is almost inevitable. Offences committed at our own door appear not only more formidable, but enormous. It is, however, but just to add, that if there be any judge, from whose constant attendance of the Leinster circuit, not only no positive evil, but an actual benefit arises, it is Charles Kendal Bushe. As far as my observation extends, he is per- fectly impartial. The rank or the religion of parties, has no sort of weight with him; and to every case, whatever may be the circumstances attending it, he gives an equal and unbiassed hearing. His attention to the interests of the lower orders, evinced by the extraordi- nary solicitude with which he investigates their rights in the trial of Civil Bill Appeals,* is above all praise. It was formerly usual to hear civil bills at the close of the assizes ; and the persons interested, who are almost always of the humbler class, were kept in anxious and expensive attendance for a whole week upon the court. * Appeals from the decisions of the Assistant Barristers at Quarter DIARY OF A BAERISTEE. 243 Poor creatures, whose very being -was involved in the result of their appeals, were assembled in a dismal gathering in the town, and, before their causes were heard, had expended nearly the whole amount of the sum decreed against them, in awaiting the capricious pleasure of the judge to reverse the sentence of the inferior tribunal. When this branch of business was called on, the judge was generally impatient to leave the town, and hurried, with a careless precipitation through matters which, however insignificant in the mind of the wealthier suitor, were of permanent moment to the wretched peasants, who flocked to the assizes for redress. The Chief- Justice has reformed those crying abuses, and devotes as much consideration to the trial of minor cases, as to causes of the greatest magnitude. He has, by introducing this practice, which could not have been established by him without a continued selection of the circuit, conferred signal advantages upon the public. Mr. Justice Johnson was joined with the Chief Justice in the commission. He is the brother of the ex-judge of that name, who wrote the celebrated Letters of Juverna, and who is justly accounted one of the ablest men in Ireland.* The two brothers are men * Neither of the Johnsons is now living. Robert Johnson, while a Judge of the Common Pleas, was the author of a libel, published in 1803 in Cobbetfs Weekly Register, upon Lord Hardwicke, then Lord Lieutenant of Ireland, Lord Rcdesdale, the Chancellor, Judge Osborne, and others. Cobbett was tried for the publication in 1804, and found guilty. Subsequently evidence was obtained against the Judge himself, and having been indicted in England, he was arrested (or as his friends called it, "kidnapped") in Ireland, upon a warrant issued by Lord Ellenborough. The legality of the arrest was called in question, by writs of habeas corpus, in the King's Bench, and afterwards in the Exchequer, but after long arguments, in which Mr. Cnrran was Johnson's leading counsel, the arrest was held to be good by both courts. To be brief, a K2 244 SKETCHES OF THE BAR. of eminent talents, but wholly dissimilar in character. The political writer is calm, ironical, biting, and sar- castic, and uses shafts of the finest temper, steeped in venom. The present judge is vehement, impetuous, frank, and vigorous; and while the one shoots his finely feathered arrows, the other whirls about a mas- sive and roughly knotted club. He is warm and excitable, and effervesces in an instant. This sudden- ness has its origin in the goodness of his nature. If he suspects collusion or fraud, or gets the least hint of baseness in any transaction, he immediately takes fire. In these moods of explosive honesty, there is some- thing formidable to a person who does not know that the ebullitions of integrity subside as rapidly as they break out; and that, with all these indications of angry temperament, he is in reality a kind and tract- able man. conviction followed, but the proceedings went no further ; the judge resigned his office, and retired on a pension. The Letters of Juverna appeared in the Dublin "Evening Post. The " finely feathered arrows," which Kobert Johnson is described as shoot- ing, is probably an allusion to a favourite project of the ex-judge, to familiarize the peasantry of Ireland with the use of the bow as an engine of patriotic warfare. But his warlike tastes exhibited themselves in other ways besides the cultivation of archery. Mr. Moore saw him in liis rural retreat in 1830, and gives the following curious account of his visit : " Johnson's head runs upon mill tary matters in a way most strange in an ex-judge of eighty. As soon as we got to his house, he took me into his library to show me the sort of short rifle which Lord Edward Fitzgerald recommended instead of the long unwieldy one used by the American Indians ; also the kind of pike contrived either by Lord E. or by Johnson himself, to be used in popular warfare, as at once the most effective and portable. It was curious to see the little old judge, in an erect posture, and with an eye full of fire, slinging his rifle over his shoulder to show me with what ease it could be carried." Moore't Memoirs, vol. iv. DIARY OF A BAREISTEE. 245 At the same time we must beware of wantonly pro- voking him. "Noli irritare leonem," is a precept which the contemplation of his countenance has some- times recalled to me. His deep voice that issues upon a hunter of subtleties in a roar, his broad and massive face, a pair of ponderous brows that overhang his flashing eyes, a certain shagginess of look, and a start of the whole body with which he erects himself, sug- gest the image of that " fine animal " to my mind. This learned and excitable person, with all his sudden- ness of emotion, is extremely good and kind-hearted; and although he may now and then say a rough thing, never aims a deliberate blow at the feelings or reputa- tion of any man. As a criminal judge, he is truly merciful and compassionate; and as a civil one, is learned, sagacious, and acute. In the Court of Com- mon Pleas he exhibits much more irritability than upon circuits. He is exasperated by the witticisms of Lord Norbury, who says that his brother is like a young horse, and wishes to draw the entire coach him- self. To adopt his Lordship's illustration, it must be owned that he kicks and plunges when yoked with " that gallant grey," but pulls single exceedingly well. No trial of any very considerable interest occurred during the last assizes ; but, in looking over my diary, I find a sketch which I made at the time of a very important case, which was tried by Judge Johnson during a preceding circuit, and which it may gratify the curiosity of the English reader to have transcribed. I allude to the prosecution of Father Carroll, the Wexford priest, who killed a child in a fit of insanity, under circumstances which greatly excited the public attention. 246 SKETCHES OF THE BAB. This unfortunate man, for he deserves no- harsher appellation, had from his childhood a strong predis- position to insanity. It was with great difficulty that he succeeded in obtaining ordination. His aberrations from reason, before they amounted to actual madness, were connected with the subject of exorcism; and although every person to whom he addressed his argu- ments in favour of the expulsion of devils, smiled at his extravagance, they still could not help acknowledging that he argued with subtlety upon wrong premises, and confessed that his applications of various passages in the holy writings were ingenious, however mistaken. It was in vain that Father Carroll was told that the power of Satan to possess himself of human bodies ceased with the revelation of Christian truth. He appealed to the Acts of the Apostles, and to incidents subsequent to the death of our Saviour, to establish his favourite speculation. A medical man, with whom he was intimate, perceived that the subject had laid such a hold upon his naturally excitable imagination, that he resorted to sedative medicines to avert the progress of an incipient malady, to which he had an organical predisposition. As long as he followed his physician's advice, he abstained from any acts of a very extravagant nature; but unhappily, before the events took place, which formed the ground of a capital prosecution, he neglected to take his usual preventives, and became utterly deranged. He suddenly fancied himself endowed with super- natural authority. This fantastic notion seized upon him in the midst of divine service ; after the wild per- formance of which, he rushed into the public road that led from the chapel to his house, in search of an DIABY OF A BAEEI6TEE. 247 object for the manifestation of his miraculous powers. He was informed that a labourer of the name of Neill was confined by illness to his bed; and being con- vinced that he was possessed by an evil spirit, pro- ceed to effect the removal of his enemy. His singular demeanour attracted the attention of the passengers, who followed him to Neill 5 s cottage ; which he had no sooner entered, than he precipitated himself upon the sick man, and began his miraculous operations with marvellous vigour. " A severe pommelling was the pro- cess of exorcism which he regarded as most effectual. This he put into immediate and effectual practice. Neill did not attempt to resist this athletic antagonist of the devil. The unhappy gentleman had determined to take Beelzebub by storm. After a long assault, he succeeded in this strange achievement, and having informed the astonished bystanders that he had taken the enemy prisoner, announced that he should give him no quarter, but plunge him into the Bed Sea. The manner of this aquatic ceremony was described by one of the witnesses, who endeavoured to illustrate it by his gesture. After uttering various cabalistic words, he whirled himself in a rapid rotation, with his arms outstretched, and then, suddenly pausing and raising himself into an attitude of importance befitting his new authority, advanced with one arm a-kimbo, and with the other extended, looking, as the witness expressed it, " as if he held the devil by the tail," and marched with a measured pace and a mysterious aspect to a bridge upon the river Slaney, where he buried the captive demon in what he took for the Red Sea. Not contented with this exploit, he. exclaimed that Neill had seven more devils, which he was determined 248 SKETCHES OP THE BAR. to expel from this peculiar object of diabolical predi- lection. The operation was accordingly repeated with such success, that Neill, after much strenuous expostu- lation, leaped out of his bed, and exclaimed that he was quite well. This circumstance produced a deep impression upon the crowd, amongst whom there were some Protestants; and two of the latter knelt down and called upon the Lord to assist Father Carroll in the perpetration of the next miracle, which, encouraged by their pious sympathies, he almost immediately pro- ceeded to commit. A poor woman happened to pass along the road, whom he had no sooner observed, than he knocked her down, and pursued a mode of exorcism similar to that which I have described, with such effect, that one of the spectators cried out for the people to make way, " as he saw the devil coming out." This achievement only served to excite the wretched maniac, and impel him to another undertaking of the same kind. He insisted "that the devil had taken possession of Sinot's child." Sinot had a child who had been affected by fits, and over whom the priest had been requested by its mother to say prayers. This was not only a natural, but I will add a reasonable application. It is not supposed by Roman Catholics that the prayers of a clergyman are endowed with any preternatural efficacy ; but it is considered that praying over the sick is a pious and religious act. The recollec- tion of this fatal request passed across the distempered mind of the madman, who hurried with an insane alacrity to Sinot's cabin. It was composed of two rooms upon the ground floor, in the smaller of which lay the little victim. It was indeed so contracted that it could not contain more than two or three persons. DIARY OF A BARRISTER. 249 The crowd who followed the priest remained outside, and were utterly unconscious of what he was about to do. The father of the child was not in the house when Father Carroll entered it, and was prevented by the pressure in the exterior room from approaching him; and for some time after the death of the child was wholly unconscious of what had taken place. No efforts whatever were made to prevent his inter- ference. He was produced as a witness upon the trial, and swore that it did not enter into his thoughts that Father Carroll intended to do the child the least harm. He could not, he said, even see the priest. It is not necessary to describe the manner of the infant's death. It is enough to say, that after uttering a few feeble cries, and calling upon its "mammy," every sound became extinct. The madman had placed the child under a tub, and life was extinguished. It may well be imagined that the trial of this case excited a strong sensation in the county where the rebellion had raged with its most dangerous fury, and from which it will be long before its recollections will have entirely passed away. The Protestant party, forgetting that many of their own sect had taken a partial share in the proceed- ings, of which they had been at all events the passive witnesses, exhibited a proud and disdainful exultation, and affected a deep scorn for the intellectual debase- ment of which they alleged this event to be a manifest proof; while the Catholics disclosed a festered soreness upon an incident which, they could not fail to feel, was likely to expose them to much plausible imputation. The Court-house was crowded to the roof by persons of all classes and opinions, among whom the clergy of both churches were conspicuous. It was filled with parsons and Math priests. Although there is a certain 250 SKETCHES OF THE BAB. clerical affinity between ecclesiastics of all sorts, it was not difficult, under a cloth of the same colour, to dis- tinguish between the ministers of the two religions. An expression of sly disdain, accompanied with a joy- ous glitter of the eye, gleamed over the parsons' faces ; while the countenances of the Catholic clergy betrayed, in the rude play of their marked and impassioned features, the bitter consciousness of unmerited humi- liation. The dress of the two clerical parties presented a sin- gular contrast. The priests were cased in huge top-boots of dubious and murky yellow and of bespattered black : the parsons' taper limbs were inclosed in tight and sable silk, which, by compressing, disclosed their plump pro- portions. The nameless integuments of the popish ministers of the gospel were framed of substantial thickset, and bore evidence to the high trot of the rough-coated nags with which they had descended from the mountains; while the immaculate kerseymere of the parsons' inexpressibles indicated with what nicety they had picked their steps through all the mire of the Catholic multitude round the court. The priests' dingy waistcoats were closely fastened to their neckcloths, and looked like an armour of economy ; while the parsons' exhibited the finest cambric, wrought into minute and snow-white folds. A ponderous mantle of smoking frieze hung from the shoulders of the priest ; while a well-shaped jerkin brought the parson's symmetries into relief. The parson held a pinch of Prince's mix- ture between his lifted fingers, while the priest impelled a reiterated and ample mass of Lundifoot into his olfac- tory organ. The priesf s cheek was ruddy with the keen air of the mountain and the glen, while the faint blush upon the parson's cheek left it a matter for conjecture, DIARY OF A BARRISTER. 251 whether it proceeded from some remnant of nature, or was the result of the delicate tincture of art. The former sat near the desk, and the latter near the bench. Beside the Clergy of the two religions, I observed another class, whom, from their plain apparel and primitive aspect, I took for the friars of Wexford, but upon looking more closely I discovered my mistake. There was a grimness in their expression, quite foreign from the natural an"d easy cheerfulness of an Irish Fran- ciscan ; and in their disastrous and Calvinistic visages, their long lank hair, and the gloomy leer of mingled hatred and derision with which they surveyed the Catholics around them, I beheld the ghostly " teachers of the Word." A pause took place before the trial was called on, which rendered expectation more intense; at length Mr. Justice Johnson directed that the prisoner should be brought forward. Every eye was turned to the dock, and the prisoner stood at the bar. His figure was tall and dignified. A large black cloak with a scarlet collar was fastened with a clasp round his neck, but not so closely as to cpnceal the ample chest, across which his arms were loosely and resignedly folded. His strong black hair was bound with a velvet band, to con- ceal the recent incisions made by the surgeon in his head. His countenance was smooth and finely chiseled; and it was observed by many that his features, which, though small, were marked, bore a miniature resem- blance to Napoleon. His colour was dead and chalky, and it was impossible to perceive the least play or variety of emotion about the mouth, which continued open, and of the colour of ashes. On being called on to plead, he remained silent. The Court was about to direct an 252 SKETCHES OF THE BAR. inquiry whether he was " mute of malice," when it was seen by a glance of his eye, that he was conscious of the purport of the question; and by the directions of his counsel he pleaded Not Guilty. During the trial, which was conducted with the most exemplary moderation by the counsel for the crown, he retained his petrified and statue-like demeanour; and although the heat was most intense, the hue of his face and lips did not undergo the slightest change. The jury found that he had committed the direful act under the influence of insanity. Judge Johnson addressed him in a very striking and pathetic manner. He seemed to me to have blood in his eye for Prince Hohenloe, whose miracles were then in vogue, and were supposed, how- ever erroneously, to have contributed to the prisoner's infatuation. This was a mistake : he was organically insane, and was in reality as innocent as the poor child who had perished in his hands. The learned judge opened a masked battery upon Bamberg, and some of the shots reached Home : but he should not have for- gotten that there is a form for exorcism in the Pro- testant as well as in the Roman Catholic ritual.* The religion of England requires a further cleansing, and a new Reformation might be a judicious project. * This la a mistake. There is no form of exorcism in the services of the Church of England as they exist at present ; but it is certain that the revisers of the English ritual did not at first abolish that part of the ancient baptismal rite which contained, among other ceremonials, the signing with the cross and " the sacrament of salt," in which the form of exorcism was included. Upon further revision, however, these por- tions of the service disappeared. See the Prayer Book of 1549, and Palmer's Origines Liturgicce, published at Oxford in 1836. The Hohenloe miracles made a great noise in 1822-3. See the paper entitled Exorcism of a Divine, for some curious particulars respecting them. 253 THE BURNING OF THE SHEAS. [AUGUST, 1827.] IT is by this title that the terrible crime in which so many immolators and so many victims were involved, is habitually designated ; whenever a man expatiates upon the atrocities which disgrace the country, and upon the conflagrations by which its character is blackened, he refers, as to a leading illustration, to "the burning of the Sheas." I shall not readily forget the impression which was produced upon me, on my first passing near the spot in which that dreadful incident took place, when some of its details were narrated by one of my fellow-travellers, in descending the narrow defile of Glenbower. The remains of the habitation in which eighteen human beings were committed together to the flames are not visible from the road that winds at the foot of the mountain on which it was situated ; but the dark and gloomy glen in which the deed was done can be pierced by the eye, when the mists that hang upon the lofty ridge do not envelope it; and it is always with awe, which is not a little assisted by the loneliness and dreariness of the scene, that a traveller turns his eyes towards that dismal valley, to which his attention is 254 SKETCHES OP THE BAR. directed by the habitual exclamation which I had never failed to hear, "There is the place where the Sheas were burned." I had an opportunity, in consequence of having at- tended two trials connected with that frightful event, of learning the circumstances by which it was attended; and as in these sketches I have not only endeavoured to draw the portraits of individual barristers, but also to describe the character of their occupations as influenced by the nature of the cases in which they are engaged, an occasional account of the most important and striking of those cases falls within the scope of these essays, and at all events may not be unattended with interest to the reader. Upon the morning of the 20th of November, 1821, the remains of the house of Patrick Shea, a respectable farmer, who held a considerable quantity of land at the foot of the mountain of Slievenamaun, exhibited an appalling spectacle. It had been consumed by fire on the preceding night, and a large concourse of people (the intelligence of the conflagration having been rapidly diffused through the neighbouring glens) as- sembled to look upon the ruins. Of the thatched roof which had first received the fire, a few smoking rafters were all that remained. The walls had given way, and stood gaping in rents, through which, on approaching them, the eye caught a glimpse of the dreadful effects of the devouring element. The door was burned to its hinges; and on arriving at the threshold, as awful a scene offered itself to the spectator as is recorded in the annals of terror. The bodies of sixteen human beings of both sexes lay together in a mass of corpses. The door having been closed when the flames broke out, the THE BURNING OP THE SHEAS. 255 inhabitants precipitated themselves towards it, and in all likelihood mutually counteracted their efforts to burst into the open air. The house being a small one, every individual in it had an opportunity of rushing towards the entrance, where they were gathered by hope, and perished in despair. Here they lay piled upon each other. Those who were uppermost were burned to the bones, while the wretches who were stretched beneath them were partially consumed. One of the spectators, the uncle of a young woman, Catherine Mullaly, who perished in the flames, described the scene with a terrible particularity. With an ex- pression of horror which six years had not effaced, he said, when examined as a witness, that the melted flesh ran from the heap of carcases in black streams along the floor. But terrible as this sight must have been, there was another still more appalling. The young woman, whom I have already mentioned, Catherine Mullaly, resided in the house, and had been not very long before married. She had advanced a considerable period in pregnancy, and her child, which was born in the flames in a premature labour, made the eighteenth victim. I shall never forget the answer given by her uncle at the trial, when he was asked how many had perished, he answered that there were seventeen ; but if the child that was dropped (that was his phrase) in the fire was counted, the whole would make eighteen. His unfortunate niece was delivered of her offspring in the midst of the flames. She was not found among the mass of carcases at the door. There were sixteen wretches assembled there, but, on advancing farther into the house, in a corner of the room, lay the body of this unhappy young creature, and the condition in which 256 SKETCHES OP THE BAR. her child was discovered, accounted for her separation from the group of the dead. A tub of water lay on the ground beside her. In it she had placed the infant of which she had been just delivered while the fires were raging about her, in the hope of preserving it ; and in preserving its limbs she had succeeded, for the body was perfect with the exception of the head, which was held above the water, and which was burned away. Near this tub she was found, with the skeleton of the arm with which she had held her child hanging over it. It will be supposed that the whole of this spectacle excited a feeling of dismay among the spectators ; but they were actuated by a variety of sentiments. Most of them had learned caution and silence, which are among the characteristics of the Irish peasantry, and, whatever were their feelings, deemed it advisable to gaze on without a comment; and there were not wanting individuals who, folding their arms, and looking on the awful retribution, whispered sternly to each other, "that William Gorman was at last revenged." When information of this dreadful event reached Dublin, it produced, as it was natural to expect, a very great sensation. It was at first believed that "the burning of the Sheas" was the result of that con- federacy, by which the peasantry had regulated the taking of lands, and that as the previous tenant, one William Gorman, had been ejected by the Sheas, against the will of the people, the house had been set on fire. But it was asked, what object could there be in destroying so many individuals who were innocent of all crime, and were mere labourers and servants in the employment of the occupying farmer. This reflection, and a wish to rescue the national character from the THE BURNING OF THE SHEAS. 257 disgrace of so wanton an atrocity, gradually induced a surmise that the fire had been accidental; and this conjecture was confirmed by the fact, that notwith- standing a large reward had been offered for the dis- covery of the incendiaries, no information was given to the Government; at length, however, the fatal truth was disclosed, and it was ascertained that the conflagra- tion was the result of a plot executed by a considerable band of men, and that the whole population in the neighbourhood were well aware both of the project, and of its execution. The first clue to this abominable transaction was given by a woman of the name of Mary Kelly. This female had been a person of dissolute life, and had married a servant, who, having relinquished his emploj r ment, some time after his marriage established, with the assistance of his wife, what is commonly called "a Shebeen House/' in the vicinity of the Sheas, at the foot of Slievenamaun. It was a kind of mountain brothel, or rather combined the exercise of a variety of trades, which, in the subdivision of labour that takes place in towns, are generally practised apart. Her husband stated that he sold spirits without licence; provided board and lodging to any passengers who thought it expedient to take up their abode with him ; and that if a young man and woman had any wish to be left alone in his hospitable and accommodating mansion at a late hour at night, he and his wife did not think it genteel to meddle with their discourse. It will be thought singular, that in so wild and desolate a district, in the midst of solitary glens and moors, such con- veniences should exist ; but they are not unfrequent ; and one often meets these traces of civilization in parts VOL. I. S 258 SKETCHES OF THE BAR. of the country which carry no other evidence of refine- ment. Mary Kelly appears to have superintended and conducted this establishment ; her husband merely giving it the sanction of wedlock, and joining in the licentious conviviality which took place under his aus- pices. But although his wife had, upon her own ad- mission, been of profligate habits, until time had trans- muted her, by the ordinary process, from a harlot to a procuress, yet she does not appear to have been utterly devoid of all virtuous sentiment ; and, indeed, the scene which she had witnessed was of such a nature as to awaken any remnant of conscience, which often, in the midst of depravity, is found to linger behind. A peasant of the name of "William Gorman, at whose trial Sergeant Blackburne conducted the prosecution, had originally held the house where the Sheas resided. He was their under-tenant, and held the lowest place in those numerous gradations of tenure into which almost every field is divided and subdivided; for the Sheas were not middle-men in the strict sense of the word, but stood themselves at a great distance from the head proprietor of the estate, although they were the immediate landlords of Gorman. The more remote the head landlord, the heavier the weight with which oppression falls on the occupier of the soil. The owner of the fee presses his lessee; the latter comes down upon the tenant who derives from him, who, in his turn, crushes his own immediate serf; and if, which often happens in this long concatenation of vassalage, there are many other interventions of estate, the occu- pier of the soil is in proportion made to suffer ; and is, to use the expression of Lord Clare, " ground to powder," in this complicated system of exaction. THE BURNING OF THE SHEAS. 259 William Gorman was dealt with most severely. He was distrained, sued in the superior courts, processed by civil bill, in short, the whole machinery of the law was put into action against him. Driven from his home, deprived of his few fields, without covert or shelter, he made an appeal to the league of peasants with whom he was associated ; and as the Sheas had infringed upon their statutes, it was determined that they should die, and that an exemplary and appalling vengeance should be taken of them. I saw William Gorman at the bar of the court in which he was con- demned : he heard the whole detail of the atrocities of which he had been the primary agent. He was evi- dently most solicitous for the preservation of life ; yet the expression of anxiety which disturbed his ghastly features occasionally gave way to the exulting con- sciousness of his revenge; and, as he heard the nar- ration of his own delinquencies, so far from intimating contrition or remorse, a savage joy flashed over his face; his eyes were lighted up with a fire as lurid as that which he had kindled in the habitation of his enemies ; his hand, which had previously quivered, and mani- fested, in the irregular movement of his fingers, the workings of deep anxiety, became, for a moment, clenched; and when the groans of his victims were described, his white teeth, which were unusually pro- minent, were bared to the gums ; and, though he had drained the cup of vengeance to the dregs, still he seemed to smack his lips, and to lick the blood with which his injuries had been redressed. This man had the vindictive feelings of a savage; but, while his barbarities admit of no sort of extenua- tion, they still were not without a motive. His co- s 2 260 SKETCHES OF THE BAR. partners in villany, however, who arranged and con- ducted the enterprise, had no instigation of personal vengeance towards the oppressors of William Gorman. At their head was a bold and sagacious ruffian, whose name was Maher. It was determined that their plot should be carried into execution on Monday, the 20th of November. On the preceding Saturday, Maher went to Mary Kelly's house, and retired to a recess in it, where he employed himself in melting lead, and fusing it into balls. He was supposed to be a paramour of Mary Kelly (though she strenuously denied it), and she was certainly familiar with him. She had heard, (indeed, it was known through the whole of that wild vicinage,) that it was intended to inflict summary justice upon the Sheas ; and being well aware that Maher was likely to dip his hands in any bloody business which was to go on, and observing his occupation, which he did not seek to hide from her, she taxed him with his " slaughterous thoughts," and having some good instincts left, begged him not to take life away. Maher answered with equi- vocation. During this colloquy, Catherine Mullaly, a cousin of Mary Kelly, came into the house. Maher was well acquainted with her, and had the rude gallantry which is common among the Irish peasantry. She resided as a servant with the Sheas. Maher believed that there were arms in the Sheas' pos- session, and knew that there were a number of persons living in the house, with a view to their defence. The extent, however, of their means of self-protection the murderers had not ascertained, and it was important to learn the fact, in order that they might adapt to cir- cumstances their mode of attack. It is probable, that if there had been no weapons in the house, the con- THE BURNING OF THE SHEAS. 261 spirators would have burst open the door, dragged the Sheas out, and put them to death, and would have spared the more unoffending victims : but having dis- covered that there were fire-arms in abundance, they considered the burning of the house as a measure of self-defence, independently of the impression which a massacre upon a large scale would be likely to produce. Maher, therefore, sought to ascertain the state of defence from Catherine Mullaly, and entered into con- versation with her in the tone of mixed joke and gibe, of which the lower orders, who delight in repartee, are exceedingly fond. The young woman was pleased with his attentions ; and in the innocence of her heart, not having any suspicion of his intent, gradually disclosed to him that there was a quantity of arms in the house. Maher, on her departure, put on her cloak, and bade her farewell in the tone of friendship. Mary Kelly, who knew him well, and guessed at his object, the mo- ment Catherine Mullaly was gone (for she did not dare to speak in her presence) implored Maher, whatever he might intend, not to harm Catherine Mullaly. She extorted a promise from him to that effect, on which she relied for the moment, and they separated ; Maher with his balls, and Mary Kelly with the undertaking for the life of Catherine Mullaly, in which she placed so mistaken a confidence. After some reflection, how- ever, her alarm for the safety of her relative, to wohm she was much attached, revived, and during the next day her suspicions were increased by the notes of pre- paration which she observed between Maher and his confederates. However, she did not venture to speak ; for, to use her own phrase, " a word would have been as much as 262 SKETCHES OF THE BAB. her life was worth \" still a terrible inquietude preyed upon her, and, as if actuated by some mysterious im- pulse, upon Monday night, when her husband, to whom she never communicated her apprehensions, was asleep, she silently rose from bed, and having huddled on his coat, left her cabin, though it was near midnight, and advanced cautiously and slowly along the hedges, until she made her way to near Mailer's house. She stopped, and heard the voices of men engaged in discussion, which lasted some time ; at length the door opened she hid herself behind some brambles, and bending down, in order to avoid detection, which would have been death, she marked the murderers as they came forth. They issued from Maher's house in arms, and walked in a sort of array, advancing in file. Eight of them she knew ; and, as she alleged, distinctly recog- nized them by their voices and looks. One of them carried two pieces of turf, lighted at the extremities, and kept the fire alive with his breath. They passed her without observation, and proceeded upon their dreadful destination. Trembling and terror-struck, but still impelled to pursue them, she followed on from hedge to hedge, until they got beyond her ; and per- ceiving that they proceeded towards the house of the Sheas, she stopped at a spot from which the house was visible, and by which the murderers, after executing their diabolical purpose, afterwards returned. Here she remained in terrible anticipation, and her conjecture was speedily verified. A fire suddenly ap- peared in the roof of Shea's house ; the wind high, it rose rapidly into a flame, and the whole was speedily in a blaze. It cast around the rocky glen a frightful splen- dour, and furnished, in its extensive diffusion of light, THE BURNING OF THE SHEAS. 263 the means of beholding all that took place close to the burning cottage, in which shrieks and cries for mercy began to be heard. The murderers had secured the door; and having prevented all possibility of escape, stood in groups about the house, and gazed on the pro- gress of the conflagration. So far from being moved to pity, they answered the invocations of their victims with yells of ferocious laughter. They set up a war- whoop of exultation, and, in token of triumph, dis- charged their guns and blunderbusses to celebrate their achievement. There was an occasional pause in their shouts : nothing then was heard but the crackling of the flames, that shed far and wide their desolate illu- mination; and the spectatress of this dreadful scene, though at some distance from it, declared that, in the temporary abatement of the wind, and the cessation of its gusts, she could at intervals hear the deep groans of the dying, and the gulps of agony with which their tortures were concluding. But the fiends by whom these infernal fires were kindled, soon reiterated their cries of exultation, and discharged their guns again. The report of their fire- arms, which was taken up by the echoes of the moun- tain, produced a result which they had not anticipated. On the opposite side of a hill which adjoined the house, there resided a man of the name of Philip Dillon, who was a friend of the Sheas. Hearing the discharge of guns, and suspecting what had taken place, he sum- moned as many as he could gather together, and pro- ceeded at their head across the hill, in order, if possible, to save the Sheas. They advanced towards the house, but arrived too late: neither had they courage to attack the murderers, who at once drew up before the flames 264 SKETCHES OF THE BAB. to meet them. Philip Dillon, indeed, defied them to come on, but they declined his challenge, and waited his attack, which, as his numbers were inferior, he thought it prudent not to make. Both parties stood looking at each other, and in the mean while the house continued to blaze. The groans were heard for a little time, until they grew fainter and fainter; and at length all was silent. Although the arrival of Philip Dillon did not contri- bute to save any of the sufferers, still it was the means of convicting William Gorman, by affording a corrobo- ration to the testimony of Mary Kelly. John Butler, a boy, who was in the employment of Philip Dillon, and accompanied him to the burning house, was the brother of one of the servants of the Sheas. Notwith- standing he could not give any assistance to his brother, yet his anxiety to discover the murderers induced him to approach nearer than his companions to the flames, when, by the fire which they had kindled, Butler had an opportunity of identifying William Gorman, against whom he gave his testimony, and thus sustained the evidence of Mary Kelly. All was now over the roof had fallen in, and the ruins of the cottage were become a sepulchre. Gorman and Maher, with their associates, left the scene of their atrocities, and returned by the same path by which they had arrived. Another eye, however, besides that of God, was upon them. They passed a second time near the place where Mary Kelly lay concealed : again she cowered at their approach ; and, as they went by, had a second opportunity of identifying them. Here a circumstance took place which is, perhaps, more utterly detestable than any other which I have yet recorded. THE BURNING OF THE SHEAS. 265 The conversation of the murderers turned upon the doings of the night, and William Gorman amused the party by mimicking the groans of the dying, and mock- ing the agonies which he had inflicted. The morning now began to break, and Mary Kelly, haggard, affrighted, and laden with the dreadful know- ledge of what had taken place, returned to her home. Well aware, however, of the consequences of any dis- closure, she did not utter a syllable to her husband, or to her son, upon the subject; and although examined next day before a magistrate, who conjectured, from the ill-fame of her house, that she must have had some cognizance of what had taken place, she declared herself to be innocent of all knowledge. John Butler, too, who had witnessed the death of his brother, immediately proceeded to the house of his mother, Alicia Butler, an old woman, who was produced as a witness for the crown ; he awoke her from sleep, and told her that her son had been burned alive. Her maternal feelings burst into an exclamation of horror upon first hearing this dreadful intelligence; but, instead of immediately proceeding to a magistrate, she enjoined her son not to speak on the subject, lest she herself, and all her family, should suffer the same fate. For sixteen months, no information whatever was communicated to Government. Mary Kelly was still silent, and did not dare to reproach Maher with the murder of Catherine Mullaly, for whose life she had made a stipulation. She did not even venture to look in the face of the murderer, although, when he visited at her house, which he continued to do, she could not help shuddering at his presence. Still the deeds which she had seen were inlaid and burned in dreadful colours 266 SKETCHES OF THE BAR. in her mind. The recollection of the frightful spectacle never left her. She became almost incapable of sleep ; and, haunted by images of horror, used in the dead of night to rise from her bed, and wander over the lonely glen in which she had seen such sights; and although one would have supposed that she would have instinc- tively fled from the spot, she felt herself drawn by a kind of attraction to the ruins of Shea's habitation, where she was accustomed to remain till the morning broke, and then return wild and wan to her home. She stated, when examined in private previous to the trial in which she gave her evidence, that she was pursued by the spectre of her unfortunate kinswoman, and that whenever she lay down in her bed, she thought of the " burning," and felt as if Catherine Mullaly was lying beside her, holding her child, "as black as a coal, in her arms." At length her conscience got the better of her apprehensions, and in confession she revealed her secret to a priest, who prevailed upon her to give information, which, after a struggle, she communicated to Captain Des- pard, a justice of the peace for the county of Tipperary. Such were the incidents which accompanied the per- petration of a crime, than which it is difficult to imagine one more enormous. To do the people justice, imme- diately after the conviction and execution of William Gorman, they appeared to feel the greatest horror at his guilt; and of that sentiment a Roman Catholic assembly, held during the assizes, afforded a strong proof. The assizes had gathered an immense concourse of the lower orders from all parts of the country, and Mr. Sheil, conceiving that a favourable opportunity had presented itself for giving a salutary admonition to the people, and believing that his advice would be fully as THE BURNING OF THE SHEAS. 267 likely to produce an impression as that of Mr. Sergeant Blackburne, used his influence in procuring a public meeting to be summoned. A vast multitude thronged to the place of assembly; and I am bestowing no sort of encomium upon Mr. Sheil, when I say that his speech produced a great deal of effect upon the peasantry, for the bare statement of the facts which appeared in evi- dence in the course of the assizes, would have been sufficient to awaken deep emotions wherever the in- stincts of humanity were not utterly extinguished. As Mr. SheiFs address contained a summary of the principal cases in which Sergeant Blackburne was en- gaged, and he dwelt especially upon that of Matthew Hogan, which was attended by many afflicting circum- stances, I shall close this article by a citation from the concluding passages of that gentleman's speech. "The recollection," he continued, "of what I have seen and heard during the present assizes, is enough to freeze the blood. Well might Judge Burton, who is a good and tender-hearted man, well might he say, with tears in his eyes, that he had not in the course of his judicial experience beheld so frightful a mass of enor- mities as the calendar presented.* How deep a stain have those misdeeds left upon the character of your county, and what efforts should not be made by every man of ordinary humanity, to arrest the progress of villany, which is rolling in a torrent of blood, and bear- ing down all the restraints of law, morality, and reli- gion before it. Look, for example, at the murder of the Sheas, and tell me if there be anything in the * The judge might well have recoiled from the duties of that terrible Assizes; there were three hundred and eighty cases on the calendar, including many detestable crimes, as well as the butchery of the Sheas. 268 SKETCHES OF THE BAR. records of horror by which that accursed deed has been excelled ! The unborn child, the little innocent who had never lifted its innocent hands, or breathed the air of heaven the little child in its mother's womb .... I do not wonder that the tears which flow down the cheeks of many a rude face about me should bear attes- tation to your horror of that detestable atrocity. But I am wrong in saying that the child who perished in the flames was not born. Its mother was delivered in the midst of the flames. " Merciful God ! Born in fire ! Sent into the world in the midst of a furnace ! transferred from the womb to the flames that raged round the agonies of an ex- piring mother ! There are other mothers who hear me. This vast assembly contains women, doomed by the primeval malediction to the groans of child-birth, which cannot be suppressed on the bed of down, into which the rack of maternal agony still finds its way. But say, you who know it best, you who are of the same sex as Catherine Mullaly, what must have been the throes with which she brought forth her unfortunate offspring, and felt her infant consumed by the fires with which she was surrounded ! We can but lift up our hands to the God of Justice, and ask him why has he invested us with the same forms as the demons who perpetrated that unex- ampled murder ! And why did they commit it ? by virtue of a horrible league by which they were asso- ciated together, not only against their enemy, but against human nature and the God who made it ; for they were bound together they were sworn in the name of their Creator, and they invoked Heaven to sanctify a deed which they were confederated to perpe- trate by a sacrament of Hell. THE BURNING OF THE SHEAS. 269 " Although accompanied by circumstances of inferior terror, the recent assassination of Barry belongs to the same class of guilt. A body of men at the close of day enters a peaceful habitation, on the Sabbath, and regardless of the cry of a frantic woman, who, grasping one of the murderers, desired him 'to think of God, and of the blessed night, and to spare the father of her eight children" dragged him forth, and when he 'offered to give up the ground, tilled or untilled, if they gave him his life/ answered him with a yell of ferocious irony, and telling him 'he should have ground enough/ plunged their bayonets into his heart! An awful spectacle was presented on the trial of the wretched men who were convicted of the assassination. At one extremity of the bar there stood a boy, with a blooming face and with down on his cheek, and at the other an old man in the close of life, with a wild hag- gard look, a deeply-furrowed countenance, and a head covered with hoary and dishevelled hair. In describing the frightful scene it is consoling to find that you share with me in the unqualified detestation which I have expressed ; and, indeed, I am convinced that it is un- necessary to address to you any observation on the subject. "But, my good friends, I must call your attention to another trial, I mean that of the Hogans, which affords a melancholy lesson. That trial was connected with the insane practice which exists amongst you, of avenging the accidental affronts offered to individuals, by enlisting whole clans in the quarrel and waging an actual war, which is carried on by sanguinary battles. I am very far from saying that the deaths which occur in these barbarous feuds are to be compared with the 270 guilt of preconcerted assassination, but that they are accompanied with deep criminality there can be no question ; the system, too, which produces them, is as much marked with absurdity as it is deserving of con- demnation. In this county, if a man chances to receive a blow, instead of going to a magistrate to swear informations, he lodges a complaint with his clau, which enters into a compact to avenge the insult a reaction is produced, and an. equally extensive confederacy is formed on the other side. " All this results from an indisposition to resort to the law for protection ; for amongst you it is a point of honour to avoid magistrates, and to reject all the ligi- timate means provided for your redress. The battle fought between the Hickeys and the Hogans, in which not less than five hundred men were engaged, presents in a strong light the consequences of this most strange and preposterous system. Some of the Hickey party were slain in the field, and four of the Hogans were tried for their murder; they were found guilty of man- slaughter three of them are married and have families, and from their wives and children are condemned to separate for ever. In my mind, these unhappy men have been doomed to a fate still more disastrous than those who have perished on the scaffold. In the calamity which has befallen Matthew Hogan every man in court felt a sympathy. With the exception of his having made himself a party in the cause of his clan, he has always conducted himself with propriety. His landlord felt for him not only an interest, but a strong regard, and exerted himself to the utmost in his behalf. He never took a part in deeds of nocturnal villany. He does not bear the dagger and the torch ; THE BURNING OP THE SHEAS. 271 honest, industrious, and of a mild and kindly nature, he enjoyed the good will of every man who was ac- quainted with him. His circumstances in the world were not only comparatively good, but, when taken in reference to his condition in society, were almost opulent ; and he rather resembled an English yeoman than an Irish peasant. " His appearance at the bar was in a high degree moving and impressive tall, athletic, and even noble in his stature, with a face finely formed, and wholly free from any ferocity of expression, he attracted every eye, and excited, even among his prosecutors, a feeling of commiseration. He formed a remarkable contrast with the ordinary class of culprits who are arraigned in our public tribunals. So far from having guilt and depravity stamped upon him, the prevailing character of his countenance was indicative of gentleness and humanity. This man was convicted of manslaughter ; and when he heard the sentence of transportation for life, all colour fled from his cheek, his lips became dry and ashy, his hand shook, and his eyes were the more painful to look at from their being incapable of tears. "Most of you consider transportation a light evil, and so it is, to those who have no ties to fasten them to their country. I can well imagine that a deporta- tion from this island, which for most of its inhabitants is a miserable one, is to many a change greatly for the better. Although it is, to a certain extent, painful to be torn from the place with which our first recollec- tions are associated, and the Irish people have strong local attachments, and are fond of the place of their 272 SKETCHES OF THE BAR. birth, and of their fathers' graves; yet the fine sky, the genial climate, and the deep and abundant soil of New Holland, afford many compensations. But there can be none for Matthew Hogan ; he is in the prime of life, was a prosperous farmer ; he has a young and amiable wife, who has borne him children ; but, alas ! " Nor wife nor children more shall he behold, Nor friends, nor sacred home." He must leave his country for ever he must part from all that he loves, and from all by whom he is beloved, and liis heart will burst in the separation. On Monday next he will see his family for the last time. What a victim "do you behold, in that unfortunate man, of the spirit of turbulence which rages amongst you ! " Matthew Hogan will feel his misfortune with more deep intensity, because he is naturally a sensitive- and susceptible man. He was proved to have saved the life of one of his antagonists in the very hottest fury of the combat, from motives of generous commisera- tion. One of his own kindred, in speaking to me of his fate, said, 'he would feel it the more because (to use the poor man's vernacular pronunciation) he was so tinder.' This unhappy sensibility will produce a more painful laceration of the heart than others would experience, when he bids his infants and their mother farewell for ever. The prison of this town will present on Monday next a very afflicting spectacle. Before he ascends the vehicle which is to convey him for transportation to Cork, he will be allowed to take leave of his family. His wife will cling with a breaking THE BURNING OF THE SHEAS. 273 heart to his bosom; and while her arms are folded round his neck, while she sobs in the agony of a vir- tuous anguish on his breast, his children, who used to climb his knees in playful emulation for his caresses, his little orphans, for they are doomed to orphanage in their father's life- time " I will not go on with this distressing picture ; your own emotions (for there are many fathers and hus- bands here) will complete it. But the sufferings of poor Hogan will not end at the threshold of his prison; he will be conveyed, in a vessel freighted with afflic- tion, across the ocean, and will be set on the lonely and distant land, from which he will return no more. Others, who will have accompanied him, will soon forget their country, and devote themselves to those useful and active pursuits for which the colony affords a field, and which will render them happier, by making them better men. But the thoughts of home will still press upon the mind of Matthew Hogan, and adhere with a deadly tenacity to his heart. He will mope about, in the vacant heedlessness of deep and settled sorrow; he will have no incentive to exertion, for he will have bidden farewell to hope. The instruments of labour will hang idly in his hands; he will go through his task without a consciousness of what he is doing ; or, if he thinks at all, while he turns up the earth, he will think of the little garden beside his native cottage, which it was more a delight than a toil to till. Thus his day will go by, and at its close his only consolation will be to stand on the sea-shore, and fixing his eyes in that direction in which he will have been taught that his country lies, if not in the language, he will VOL. I. T 274 . SKETCHES OF THE BAR. at least exclaim in the sentiments which have been so simply and so pathetically expressed in the Song of Exile: " * Erin, my country ! though sad and forsaken In dreams I revisit thy sea-heaten shore ; But, alas ! in a far foreign land I awaken, And sigh for the friends that can meet me no more. Where is my cabin door, fast by the wild wood ? Sisters and sire, did you weep for its fall ? Where is the mother that look'd on my childhood ? And where is the bosom-friend, dearer than all ?' "* * Campbell's " Exile of Erin." 275 FAREWELL OF LORD MANNERS. [FEBRUARY, 1828.] ON the 31st day of July, in the year of our Lord 1827, Lord Manners, the late Keeper of His Majesty's Irish Conscience, bade the Irish Bar farewell. The scene which took place upon that melancholy occasion deserves to be recorded. It being understood that an address of professional condolence on behalf of the more loyal portion of the Bar was to be pronounced by that tender enunciator of pathetic sentiment, the Attorney General,* the Court of Chancery was crowded at an early hour. The members of the Beef- Steak Club, with countenances in which it was difficult to determine whether their grief at the anticipated " ex- port" from Ireland, or the traces of their multitudinous convivialities, enjoyed a predominance, filled the gal- leries on either side.f The junior aristocracy of the bar, for whom the circuits have few attractions, occu- * Mr. Joy, the subject of a previous sketch. f The Beefsteak Club was a musical institution in Dublin, which has ceased to exist j if we should not rather say that it still lives in the im- proved form of the Catch Club, a society all the more harmonious and festive for the exclusion of politics from its meetings. T 2 276 SKETCHES OF THE BAR. pied the body of the court, while the multitude of King's Counsel, in whom His Majesty scarcely finds a verification of the divine saying of Solomon, were arrayed along the benches, where it is their prerogative to sit, in the enjoyment of that leisure which the public so unfrequently disturb. The assembly looked exceedingly dejected and blank. A competition in sorrow appeared to have been got up between the rival admirers of his Lordship, the Pharisees of Leeson Street and the Sadducees of the Beef-Steak Club.* "The Saints," however, from their habitual longitude of visage, and the natural alliance between their lugubrious devotion and despair, had a decided advantage over the statesmen of revelry and the legis- lators of song ; and it was admitted on all hands, that Mr. M'Caskey should yield the palm of condolence to a certain pious Serjeant, into whom the whole spirit of the prophet Jeremy appeared to have been infused. But the person most deserving of attention was Mr. Saurin. Lord Manners had been his intimate associate for twenty years. He had, upon his Lordship's first arrival in Ireland, pre-occupied his mind; he took advantage of his opportunities of access, and, having crept like an earwig into his audience, he at last effected a complete lodgment in his mind. Mr. Saurin estab- lished a masterdom over his faculties, and gave to all his passions the direction of his own. A very close * Leeson Street is the street mentioned in another place, as bearing the soubriquet of Swaddling-bar, in consequence of the congregation of puritanical lawyers resident in it. Bayle has remarked that there is no instance on record of an attorney being a saint ; he does not extend the remark to barristers; and if he had done so, Leeson Street would have refuted the assertion. FAREWELL OF LORD MANNERS. 277 intimacy grew up between them, which years of inter- course cemented into regard. They were seen every day walking together to the court, with that easy lounge which indicated the carelessness and equality of friendship.* In one instance only had Lord Manners been wanting in fidelity to his companion. He had been commis- sioned to inform him, (at least, he was himself six months before apprised of the intended movement,) that Mr. Plunket would, in return for his services to the Administration, be raised to the office of Attorney- General for Ireland. Had Mr. Saurin been informed of this determination, he might have acted more wisely than he did, when in a fit of what his advocates have been pleased to call magnanimity, but which was nothing else than a paroxysm of offended arrogance, he declined the Chief Justiceship of the King's Bench. Lord Wellesley took him at his word, and gave him no opportunity to retrace his steps. He would not, at all events, have been taken unawares. Mr. Saurin is not conspicuous for his tendencies to forgiveness, but he pardoned the person in whose favour, of all others, a barrister should make an exception from his vindictive habits. Their intercourse was renewed ; and whatever might have been the state of their hearts, their arms continued to be linked together. This intimacy was noted by the solicitors, and although deprived of his official power, Mr. Saurin retained his business, and * There was some spirited caricaturing in Ireland, a quarter of a century since. It has disappeared, like other arts more to be regretted. Lord Manners and Mr. Saurin were constant subjects for the comic pencil. They were commonly drawn walking together and designated the "Brothers-in-law." 278 SKETCHES OF THE BAE. the importance which attends it. The resignation, therefore, of Lord Manners, to whose court his occu- pations were confined, was accounted a personal mis- fortune to himself. From the peculiar circumstances in which he was placed, he drew the general notice in the scene of sepa- ration, and was an object of interest to those, who, without any political sympathy or aversion, are observers of feeling, and students of the human heart. In justice to him it should be stated, that his bearing did not greatly deviate from his ordinary demeanour, and that he still looked the character which he had been for some time playing, if not with profit, yet not without applause, as the stoic of Orangeism, and the Cato of " a falling state." Not that he appeared altogether insensible, but, in his sympathies, his own calamities did not seem to have any very ostensible share : any expression of a melancholy kind, that was perceivable through his dark and Huguenot complexion, seemed to arise more immediately from the pains of friendship, than from any sentiment in more direct connexion with himself. I cannot avoid thinking, however, that his mind must have been full of scorpion recollections : there was, at least, one incident which must have deeply stung him. Had the address to Lord Manners been pronounced by Mr. Plunket, Mr. Saurin might liave been reconciled to the representation of the bar, in the person of a man, who had long approved himself his superior. But to see his own proselyte holding the place to which he had acquired a sort of prescriptive right, and to witness hi Henry Joy the Attorney- General to a Whig Administration, while he was him- FAREWELL OF LORD MANNERS. 279 self without distinction or office, was, I ani sure, a source of corrosive feeling, and must have pained him to the core. It would, however, have been a misfor- tune for the lovers of ridicule, if any man, except Mr. Joy, had pronounced the address, which was delivered to the departing Chancellor. He is a great master of mockery, and looks a realization of Goethe's Mephisto- philes. So strong is his addiction to that species of satire, which is contained in exaggerated praise, that he scarcely ever resorts to any other species of vitu- peration. Nature has been singularly favourable to him. His short and upturned nose is admirably calculated to toss his sarcasms off : his piercing and peering eyes gleam and flash in the voluptuousness of malice, and exhibit the keen delight with which he revels in ridicule and luxuriates in derision. His chin is. protruded, like that of the Cynic listening to St. Paul, in Raphael's Car- toon : his muscles are full of flexibility, and are capable of adapting themselves to every modification of irony. They have the advantage, too, of being covered with a skin that dimples into sneers with a plastic facility, and looks like a manuscript of Juvenal found in the ashy libraries of Herculaneum. In this eminent advocate such an assemblage of physiognomical qualifications for irony are united, as I scarcely think the countenance of any orator in the ancient city of Sardos could have presented.* His face was an admirable commentary * Where did Mr. Shiel find this ancient city ? 2ap?