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tives were not entirely bad; it would at least have shewn that they had a mind of their own, however mischievously exerted; and that they were capable of conceiving a crime. But they had not genius to imagine such an iniquity-nor courage to execute it-and in their dulness and their cowardice they listened, and were noseled by a more inventive and daring demon than was ever lodged within their own bosoms. They were cowed by O'Connell. He drove them a-field, like an overseer brandishing his whip over a gang of slaves. How mean all their behaviour to that man! What signify all Stanley's sarcasms, cutting as they have sometimes been; what all Althorp's lowings, sulky as those of an ox recalcitrating to the goad, when the whole Ministry submit their snouts, like swine, to be ringed by their savage driver, and hold up their hinder legs to be noosed by him, that he may collect all the ties into one knot, and holding it in his sinister, and an iron-tipped thong in his dexter hand, may leeringly look on the drove in spite of all their obstinacy marching from Mullingar to Michaelmas, as if, so they think, according to the freedom of their own will, but, as the cunning Irishman knows, moved onwards by the magic of the string that encourages while it seems to control, and sends them all a bristle and a-scamper to their own bed in the mire, which he has heaped up for them from a hundred ditches!
Had the Agitator's defeats been a hundred times greater than they have ever been-and sometimes he has indeed seemed to lick the dust at Stanley's feet, and even to shun the hoof of Althorp-one fatal dereliction of principle like this, would have rendered them all vain, nay, converted them all into triumph. At the bidding of him who should now have been a convict, did the Ministers tie themselves to the tail of a conspirator against the majesty of Justice, and suffer themselves to be whisked about like so much joint less hairy skin, by a savage who all the while laughed in his sleeve at the absurdity of the appendage. He once called Mr Stanley a "shavebeggar." But he has made the Amende honorable to the Secretary
for the Colonies, and elevated him, along with Lord John Russell, to the tuft of the Liberator's tail.
O'Connell knew his men better than we knew them; for false and faithless as they have one and all been to the sacred trusts confided to their keeping, we could not have supposed for an instant, that even they would have been so insane as to venture on such an outrage. We should have said, had any one told us of O'Connell's intention, that from very shame they would have crushed the calumniator. But no-they aggravated the guilt of aiding him in his attempt to shake the seat of Justice, by incredible baseness, peculiar to themselves, to which our whole Parliamentary history affords no parallel. The Judge against whom the motion was to be made, was officially told that it would be suffered to sink-and his friends having come into the House unprepared to demolish the lying accusations, which they knew would die a natural death, found, not to their dismay, but to their disgust and indignation, that the motion was to be supported by the whole strength of Ministers, and a shocking sacrifice to be made of one whom his country regarded as her best and wisest son, and would not that a hair of his venerable head should be touched, to save the Whig Ministry from perdition.
The Irish Secretary, if he has spoken truth, which some good-natured people seem disposed to believe, must be by far the weakest creature in Christendom. It was not, he has told us, till his small senses got involved in the final sentence of O'Connell's speech, that the bright idea entered the vacuum which nature does not take the trouble to abhor in his head, that he would accede to the motion for enquiry into the conduct of Baron Smith. Is he absolutely such a simpleton as not to see even now that he thereby broke a solemn promise-violated all honour and all faith-and shewed himself, in the face of his country, ignorant or reckless of all moral obligation? Call this weakness, they who will-we call it wickedness too; and we believe that at this hour there is not a man in all England more despised than Mr Littleton. O'Connell's motion for enquiry could not be carried
without throwing a slur on the character of the Judge; and Mr Stanley was pleased to say, in a subsequent debate, that the Judge must be anxious for farther enquiry, that he might vindicate himself from the charges to which the carrying of O'Connell's motion had given weight. Should those charges be proved, why, some of the Ministers and their friends thought Baron Smith should be cashiered; others, that he would merely resign; while all men of common feeling, that is, all men out of the Ministry, felt that were such an enquiry entered into, and all O'Connell's accusations shewn to be steeped in bitterest and basest falsehood, Baron Smith would not, though honourably acquitted, disgrace himself by remaining another day on that bench which would then be a seat but for slaves.
Is it credible, then, that Mr Littleton can be the blockhead he has boldly proclaimed himself to be? Not altogether incredible; for you cannot have failed to remark, that every week throws up a new blockhead more portentous than one and all of his predecessors, who, brought be side his bulk, all fall into shade. Thus but one blockhead at a time occupies the public eye, which seems capable of taking in some thing immense and now has on its retina, let us trust, the image of the biggest possible of the breed, with the face freest of all human expression. And is he indeed to be re-shipped for Ireland?
But all the Ministers are not Littletons. Shame and sorrow to see Mr Stanley seeking to degrade the wise and good, whom in his better heart he must love and admire! He knows the sacred nature of a promise, and the inviolability of truth in the soul of a statesman. The path of duty lies plain before every man's feet, nor is there any danger of deviation into cross-ways to any man who but keeps his eyes open, and winks not in fear, or anger, or any other unworthy passion. We keep a promise, not by the letter merely, but according to its spirit, and that is felt by the conscience that palters not with us in a double sense, but is ever clear as daylight. Nor will the people of England tolerate any plea that would justify eva
sion; they abhor all shifting; and unless you be so, no special pleading, however ingenious, will ever persuade them that you are an honest Here there was much special pleading, but far, indeed, from ingenious; the Ministers and their menials became all loathsome Littletons of a smaller size, and the finger of public scorn has written indelibly their proper names on their brazen foreheads, which he who runs may read.
But what were the charges brought against Baron Smith by O'Connell ? Such as carried with them, on their face, their own refutation. Look back on them now, and you blush to think they should have been entertained for a moment in any supposed assembly of gentlemen. How false they glare! He pictured the Judge as old, feeble, indolent, obstinate, prejudiced, bigoted, cruel, implacable, capricious, crazy,-a dangerous dotard, who changed day into night, and, that his absurd sleep might not be disturbed, huddled prisoners into the bar by dozens, and tried them during the dark hours without mercy or justice. All the while he was speaking, O'Connell knew there was not one word of truth in all these allegations; but he knew also the power of bold bluster over the timid and treacherous; a hundred times had he tried it in that House, as well as in the open air of Erin, and for once that it had failed, ten times had it succeeded; to gain his end, he had a hundred times been indifferently cajoler or cajoled, and frequently, by some sudden jerk, had wrested his object from the hands of the Incapables, or by some supple jugglery made it slip like quicksilver through their fingersand now he trusted to frighten lowminded Littleton out of his small wits by a series of audacious falsehoods, till the trembling coward should not dare to defend the calumniated―so black should be the picture-but be wheedled into consent to a motion for Enquiry-not, mind ye, for removal from the Benchoh, no, no, no-nothing of that sortbut a mere motion for Enquiry—a moderate and most humane motion that could hurt nobody's feelingsin itself injure nobody's characterand, by eliciting the truth, could not
him among our great orators, demolished the Agitator, and all his liesthe infamous resolution was scinded, the head of that venerable old man again "star-bright appeared," and the Justice seat was restored to that inviolable dignity, without which law would be worse than a dead letter, for its impotence would be encouragement to crime, and the land, where it was shorn of its beams, be soon deluged in blood.
Then was the time, after Mr Shaw's affecting and irresistible speech, for Mr Stanley to have backed out of this disgraceful affair-or rather, like his former self-let us say at once, like himself-for 'tis not possible for us to cease to respect and admire him-to have freely declared his conviction that all O'Connell's charges against Baron Smith had been shattered to pieces which no hand could gather up-and to have rejoiced in that perfect vindication. But his evil genius-obstinacy-prevailed, and he had not the soul to follow the example of Sir James Grahametoo proud perhaps to appear an imitator even of the high-minded conduct of a friend who had got the start of him in winning golden opinions from all men, by the superiority he had shewn over all party feelings in a case of honour and conscience. Was it Mr Stanley-perhaps we are mistaken-who talked of the House stultifying itself by rescinding its former vote? It did far worse than stultify itself by that infamous vote; and even now that shame adheres to it, for the act of one set of men cannot wipe away the stain incurred by another, and the praise is all with the Conservatives. The Ministers did all they could to perpetuate their guilt and their disgrace, and they found their troops as ready as before to enter on the ignoble service. Among them are names which it is painful to us to see so emblazoned; "therefore, eternal silence be their doom."
fail, whatever was the result, to diffuse universal satisfaction all over Ireland, and the most entire confidence in the honour and justice of a Whig Government.
The motion was carried-and Ministers had their evening's triumph. But the Press, in spite of them, is yet free; and in two days, was heaped upon their heads a whole nation's scorn. One dismal universal hiss assailed their ears, and looking around they saw none but frowning aspects, or foreheads tossing contempt. The outrage was marked by every quality Englishmen most abhor. Over all were conspicuous fear and falsehood-the two united composed a mess of meanness, of which one look was an emetic to the stomach of John Bull, who instantly drenched the Ministry in vomit. There they were, shaking their ears in that shower like half-drowned rats-and a long course of fumigation will be required to restore Mr Littleton to any thing like his former sweetnessnow he is rank and smells to heaven. It must be far from pleasant to Mr Gleig to approach at present too near his patron-Stanley is strong -and as for Mr John Campbell he stinks in the nostrils, not only of the good people of Dudley, but of John-o'-Groat's.
The country on this occasion may be well proud of the Press. saved the majesty-the purity-the sanctity of Justice. But one base blockhead abused Baron Smith, and commended Ministers, and of his interminable_paragraphs no man taketh heed. The pothouses have long been impatient of the eternal drawl. All the Conservative papers of course did their duty-the Standard in the van, with his trenchant scimitar. But the Times, the Globe, and the rest, were not backward; and though they spared the Ministers as far as they could, they exposed the motion, and day after day depicted its character in darker and darker colours. Thus, there was but one opinion-one sentiment-one voice. Sir Edward Knatchbull, a man of high honour, came forward at his country's call, to vindicate its character from the reproach of being tolerant of that base vote-Mr Shaw, the noble member for the Univerşity of Dublin, in a speech that places
Lord Althorp, again, whom we shall not call ox any more, lest it be thought personal, lowed in a subdued style, as if sensible he had lost his horns, and that he would have an odd look in a charge of cavalry. He was of opinion that Baron Smith should have made something in the shape of an apology
the recollection of his own sulky submission to Mr Sheil still pinching his kidneys-and his desire, very naturally, being to see a judge in the same abject condition before the House, as the Chancellor of the Exchequer. But the cases are not parallel-if produced, they will not meet. The Chancellor of the Exchequer had behaved to Mr Sheil like an eavesdropper who had lost retention of matter; and was forced to apologize to that gentlemannot on his knees, for Mr Hill had done that already-but on all his four hoofs, and down to the very tip of his tail, that trembled with shame and anger. He was in an attitude of humiliation; but Baron Smith was exalted by the insult he forgave, and all the world felt that an apology was due to him by the Ministry, by offering which, in the way open to them, they might have raised themselves out of the mire.
Sir Robert Peel had well said "that he had that conviction of the learned Judge's integrity, that he hoped he would not demean himself by any thing which could be considered tantamount to an apology. The learned individual was far advanced in years, and the infirmities of age might have somewhat quenched the energy of character for which he was once so remarkable; but he hoped that the learned Baron would feel that in his person he was fighting the battle of the independence of the Judges, and if he were conscious that no public inconvenience had arisen from his late hours,-if he had continued to deliver political charges, partly because he thought he was maintaining the cause of good government, partly because he thought he was encouraged and sanctioned by Ministers, partly because he was proud of seeing the appendices to the reports of the House of Commons graced by the publication of his compositions, and by doing so should draw upon himself the wrath of that House, he trusted that, if fall he must, he would fall without having submitted to the voluntary degradation of an apology."
animals who know not when to be mum. "If the learned Judge," said Althorp, "had authorized any member to state that he would not continue to pursue the course which had been complained of, he would not have been disposed to press for the enquiry; but, since it appeared, though Baron Smith had communicated with some honourable members, he had not authorized them to hold out any hope that he would alter his conduct, he would not consent to the proposal to discharge the order for the appointment of the Committee." Baron Smith had indeed held out no hopes to the House that he would alter his conduct; he had left the House to despair; not one drop of comfort could he send to the unhappy House; and it was clear that he cared no more for Lord Althorp than for a kyloe. Yet he wished to hurry no man's cattle, and had no objection to see his Lordship grazing away on clover in the field, or munching turnips in the stall, till he was fit for a Smithfield show. Wherefore all this passion for apologies? No man would ask another man for an apology, except in such extreme case as made the demand necessary to his own honour. Here nobody's honour had been touched, but that of the Judge; and no high-minded man would have permitted sucha Judge to make any thing approaching to an apology had it been volunteered, even had he been of opinion that the charges in question had been too political; all his feelings would still have been for the venerable person who had been so brutally abused, and he would have rejoiced to sink all disapprobation" of the course complained of" in vehement indignation at the ruffianism of his calumniator.
Such noble expression of such noble sentiments should-beg our reader's pardon-have muzzled the ox, even while he was treading out his neighbour's corn. But there are
Lord Althorp himself "was bound to say that the explanations given by the honourable member for the University of Dublin had entirely refuted the charge with respect to Baron Smith coming late into Court, and sitting to a late hour in Armagh.' Now that was in truth the whole gravamen of the charge. O'Connell himself malignantly dwelt on it as such-and that charge having been refuted to Lord Althorp's satisfaction, why did he not turn round
upon O'Connell like a Bull of Bashan, and toss him like a cur twenty feet up into the air?
What was the charge against Baron Smith at Armagh? Late hours -hurry-and all that was irregular and indecorous. Hear Mr Shaw, and remember that every man in the House was convinced by his statement that here he had been shamefully calumniated by O'Connell.
at Monaghan and his arrival at Armagh, the calendar had trebled (hear, hear, hear), which was occasioned by the circumstance of a number of persons who had been out on bail having unexpectedly come in to take their trials. He consulted the convenience of the bar, and the gentlemen of the county, who were in attendance, and said he was willing to give up all his time and do all in his power to deliver the gaol of the prisoners, and allow all persons who had business at the assizes to return to their homes with all convenient expedition. Would it not be admitted by every hon. member, that sitting late at night was productive of much less mischief than it would be to leave a large number of prisoners over for trial at the next assizes? Baron Smith took the bench again on Saturday morning, and, owing to the great and unprecedented pressure of business, he sat until a quarter before twelve that night, which was as late as he possibly could sit without infringing on the Sabbath. He took the bench again on Monday at the same hour, half-past eleven, and he found the greatest difficulty in getting through the business-he sat for eighteen hours without moving off the bench. (Hear, hear.) Was this a mere whim or caprice? (Hear, hear.) Could this have been any enjoyment to an old man of nearly seventy-five years of age? (Cheers.) But, above all, was it a neglect of duty? (Loud cheers.) He then went to bed for five hours, and in five hours and a half he returned to the bench to perform his public duty (loud cheering for several minutes), and he sat from half past eleven until seven that evening (hear, hear,) which was upwards of eight hours; and without taking rest or refreshment he got into his carriage, and that night he performed a journey of nearly fifty miles, for the purpose of being at his post at the next assizes town on the following morning. (Cheers.) And, good God! is this the neglect of duty (loud cheering) (for that is the only charge we are now upon) for which an aged judge is to fall under the censure of the House of Commons? (Cheers.) If it had suited the purpose of the hon. and learned gentleman-if this learn
"He (Mr Shaw) had a letter from the High Sheriff of that county, stating that, when Baron Smith was at Monaghan, the writer, as bound in his capacity of High Sheriff, waited on him with the calendar, which then contained the names of but twenty-four persons for trial. (Hear, hear.) The Sheriff congratulated the Judge on the prospect of a light assizes, and as the calendar at Monaghan was heavy, Baron Smith said he would remain there to assist the Chief Justice, on the Thursday on which he (Baron Smith) was to open the commission at Armagh. He accordingly sat for some hours in Monaghan, and thence proceeded to Armagh, and at three o'clock took his seat on the bench, and sat till seven o'clock. The next and every morning he went into court at halfpast eleven; and here he (Mr S.) would observe, that there seemed to be some mistake about the hours at which courts in Ireland had been accustomed to sit. What he said on a former occasion was, that in Ireland, in the superior courts, it never had been the practice of the Judges to sit before eleven o'clock. Every day at the Armagh assizes, Baron Smith sat at half-past eleven o'clock; no complaint was made so far as regarded the sitting on the Friday. He (Mr S.) now entreated the attention of the House, and of the right hon. Secretary for the Colonies in particular, to what was to follow. He (Mr S.) knew that he (Mr Stanley) was incapable of wilfully misrepresenting a fact, but in this part of the case he fell into a great error, and he (Mr Shaw) was confident he could explain it to the right hon. gentleman's perfect satisfaction. Baron Smith sat again on Saturday, at half-past eleven; when he arrived at Armagh, the Sheriff informed him that during the four days which had intervened between his sitting