Page images

the recollection of bis own sulky animals who know not when to be submission to Mr Sheil still pinch- mum. “ If the learned Judge,” iog his kidneys—and his desire, very said Althorp, “ had authorized any naturally, being to see a judge in the member to state that he would not same abject condition before the continue to pursue the course which House, as the Chancellor of the Ex- bad been complained of, he would chequer. But the cases are not not have been disposed to press parallel—if produced, they will not for the enquiry; but, since it apmeet. The Chancellor of the Ex- peared, though Baron Smith had chequer had behaved to Mr Sheil communicated with some honourlike an eavesdropper who had lost able members, he bad not authoretention of matter; and was for rized them to hold out any hope ced to apologize to that gentleman, that he would alter his conduct, he not on his knees, for Mr Hill had would not consent to the proposal to done that already—but on all his discharge the order for the appointfour hoofs, and down to the very tipment of the Committee." "Baron of his tail, that trembled with shame Smith had indeed held out no hopes and anger. He was in an attitude of to the House that he would alter his humiliation; but Baron Smith was conduct; he had left the House to exalted by the insult he forgave, and despair ; not one drop of comfort all the world felt that an apology was could he send to the unhappy due to him by the Ministry, by of- House; and it was clear that he fering which, in the way open to cared no more for Lord Althorp them, they might have raised them- than for a kyloe. Yet he wished to selves out of the mire.

hurry no man's cattle, and had no Sir Robert Peel had well said objection to see his Lordship. gra" that he had that conviction of the zing away on clover in the field, or learned Judge's integrity, that he munching turnips in the stall, till hoped he would not demean himself he was fit for a Smithfield show. by any thing which could be consider. Wherefore all this passion for apoed tantamount to an apology. The logies ? No man would ask anlearned individual was far advanced other ma for apology, except in in years, and the infirmities of age such extreme case as made the demight have somewhat quenched the mand necessary to his own honour. energy of character for which he was Here nobody's honour had been once so remarkable; but he hoped touched, but that of the Judge ; and that the learned Baron would feel no high-minded man would have perthat in his person he was fighting the mitted such a Judge to make any thing battle of the independence of the approaching to an apology had it Judges, and if he were conscious that been volunteered, even bad he been no public inconvenience had arisen of opinion that the charges in quesfrom his late hours,-if he had con- tion had been too political; all his tinued to deliver political charges, feelings would still have been for partly because he thought he was the venerable person who had been maintaining the cause of good go. so brutally abused, and he would vernment, partly because he thought have rejoiced to sink all disapprobahe was encouraged and sanctioned tion" of the course complained of” by Ministers, partly because he was in vehement indignation at the rufproud of seeing the appendices to fianism of his calumniator. the reports of the House of Com- Lord Althorp himself “ was bound mons graced by the publication of his to say that the explanations given by compositions, and by doing so should the honourable member for the draw upon himself the wrath of that University of Dublin had entirely House, he trusted that, if fall he refuted the charge with respect to must, he would fall without having Baron Smith coming late into Court, submitted to the voluntary degrada- and sitting to a late hour in Armagh.' tion of an apology."

Now'that was in truth the whole Such noble expression of such gravamen of the charge. O'Connell noble sentiments should-beg our himself malignantly dwelt on it as reader's pardon-have muzzled the such-and that charge having been ox, even while he was treading out refuted to Lord Althorp's satisfachis neighbour's corn. But there are tion, why did he not turn round upon O'Connell like a Bull of Bash. at Monaghan and his arrival at Aran, and toss him like a cur twenty magh, the calendar had trebled feet up into the air ?

(hear, hear, hear), which was occaWhat was the charge against Ba- sioned by the circumstance of a ron Smith at Armagh? Late hours number of persons who had been -hurry-and all that was irregular out on bail" having unexpectedly and indecorous. Hear Mr Shaw, come in to take their trials. He and remember that every man in the consulted the convenience of the House was convinced by his state- bar, and the gentlemen of the coun. ment that here he had been shame- ty, who were in attendance, and fully calumniated by O'Connell. said he was willing to give up all

" He (Mr Shaw) had a letter from his time and do all in his power the High Sheriff of that county, sta- to deliver the gaol of the prisoners, ting that, when Baron Smith was at and allow all persons who bad busiMonaghan, the writer, as bound in ness at the assizes to return to their his capacity of High Sheriff

, waited homes with all convenient expedion him with the calendar, which tion. Would it not be admitted by then contained the names of but every hon. member, that sitting late twenty-four persons for trial. (Hear, at night was productive of much less hear.) The Sheriff congratulated mischief than it would be to leave a the Judge on the prospect of a light large number of prisoners over for assizės, and as the calendar at Mo- trial at the next assizes ? Baron naghan was heavy, Baron Smith said Smith took the bench again on Sahe would remain there to assist the turday morning, and, owing to the Chief Justice, on the Thursday on great and unprecedented pressure of which he (Baron Smith) was to business, he sat until a quarter before open the commission at Armagh. twelve that night, which was as late He accordingly sat for some hours as he possibly could sit without inin Monaghan, and thence proceeded fringing on the Sabbath. He took to Armagh, and at three o'clock took the bench again on Monday at the his seat on the bench, and sat till same hour, half.past eleven, and he seven o'clock. The next and every found the greatest difficulty in getmorning he went into court at half- ting through the business-he sat past eleven; and here be (Mr S.) for eighteen hours without moving would observe, that there seemed to off the bench. (Hear, hear.) Was this be some mistake about the hours at a mere whim or caprice ? (Hear, which courts in Ireland had been hear.) Could this have been any accustomed to sit. What he said enjoyment to an old man of nearly on a former occasion was, that in seventy-five years of age : (Cheers.) Ireland, in the superior courts, it But, above all, was it a neglect of never had been the practice of the duty ? (Loud cheers.) He then went Judges to sit before eleven o'clock. to bed for five hours, and in five Every day at the Armagh assizes, hours and a half he returned to the Baron Smith sat at half-past eleven bench to perform his public duty o'clock; no complaint was made so (loud cheering for several minutes), far as regarded the sitting on the and he sat from half.past eleven unFriday. He (Mr S.) now entreated til seven that evening (hear, hear,) the attention of the House, and of the which was upwards of eight hours; right hon. Secretary for the Colo- and without taking rest or refreshnies in particular, to what was to ment he got into his carriage, and follow. "He (Mr S.) knew that he that night he performed a journey (Mr Stanley) was incapable of wil. of nearly fifty miles, for the purpose fully misrepresenting a fact, but in of being at his post at the next assizes this part of the case he fell into a great town on the following morning. error, and he (Mr Shaw) was confi- (Cheers.) And, good God! is this dent he could explain it to the right the neglect of duty (loud cheering) hon. gentleman's perfect satisfaction. (for that is the only charge we are Baron Smith sat again on Saturday, now upon) for which an aged judge at half-past eleven ; when he arrived is to fall under the censure of the at Armagh, the Sheriff informed him House of Commons ? (Cheers.) If that during the four days which it had suited the purpose of the hon. had intervened between his sitting and learned gentleman-if this learn

[ocr errors]

ed Judge had been countenancing, ther of the above statements are the in place of denouncing, agitation facts, but quite the reverse; neither (cheers), what an excellent ground was it the case, that the trial was enit would have been for a vote of tered upon at half-past three o'clock. thanks to have been moved to him Baron Smith entered at about or beby the hon. and learned gentleman. fore eleven o'clock in the forenoon, (Cheers.) The result of these ex- and the trial commenced almost imtraordinary and most laudable exer- mediately after, by calling the jutions on the part of the learned judge rors; but so much time was taken was, that he had been confined to up in putting jurors aside, and chalhis bed by illness for a considerable lenging and signing objections, that time after his return to Dublin. Sergeant Pennefather did not begin (Hear.)"

to state the case for the prosecution It was this Armagh case that had until about two o'clock in the afterstaggered Mr Stanley; and yet, alas ! noon. after it had been thus disposed of, he “ Charles Arabin, Foreman, Ropersisted in supporting O'Connell bert Matthews, John Thomson, R. H. against Baron Smith! "The House, Levinge, Christopher Adamson, John had it been pervaded by a spirit of Smith, Robert M. Jameson, Peter common justice, such as actuates Smith, Angier Brock, Peter Green. men in the ordinary affairs of life, Captain Tennison Lyons, one would have scorned to pay the of the jury, is dead above six months; slightest attention to any other mi. and Mr John Black has since gone nor charges of the same kind, but to reside in the county of Longford, taken it for granted that they were, but his signature is expected to be one and all, odious excrescences affixed to said certificate.” sprouting from the body of this one Sir James Grahame, before O'Conbig ugly lie.

nell's charges had been all thus reBut there was another separate futed, torn to pieces, and trampled and supplementary lie, which, after under foot, felt instinctively, and Baron Smith's triumph in the House, saw intuitively, that they were all was cut down in the open day as by false; but even if not all false, he nobly a scythe. O'Connell had insisted that declared, “ that as one who valued Sir William did not go into Court, to his own independence and charactry the police in the Castle Pollard ter, if the motion were acceded to, affair, before half-past three o'clock; and an address to the Crown preand farther imputed to him thé sented for the removal of Baron having forced the Jury to continue Smith from his judicial situation, the trial through the night, and co- (supposing all the alleged facts erced them into a verdict of acquit- proved,) it would be highly inexpetal. It was chiefly-80 we think they dient, nay more, a most unjust, prosaid, though we do not believe them— ceeding. As an humble individual, upon this statement, that Mr Stan. whose character was dearer to him ley and Lord Althorp opposed Sir than any other consideration, he felt Edward Knatchbull's motion. O'Con- that he could not support his colnell made it on the authority of a leagues in the view they had adoptMr Patrick Egan of Moute. The ed with regard to it. The present Editor of the Standard from the first would be the most painful vote be declared his disbelief in the exist- had ever given, since he felt it in. ence of this pastoral swain. If there cumbent upon him to draw himself be such a person, we should like to .from those friends with whom, during see the inside of his tongue. For a life of some duration, he had had here is “ The certificate of the petit the honour of acting; but feeling, as Jury who tried the Castle Pollard he did, the proposition to be dangecase.

rous in itself, he conceived he should “We, the jury who tried the Cas- be betraying the trust committed to tle Pollard case, having seen the state- him by his constituents if he did not ment in the newspapers, that Baron declare against it. He should never Smith proceeded with the trial in forgive himself were he to adopt a that case against our will and desire, contrary line of conduct. He again and coerced us by his charge to ac- professed his inability to argue the quit the prisoners, declare, that nei- question ; but felt he should not discharge his duty to the satisfac- ble compositions must have made a tion of his own mind unless he vo- powerful impression on all educated ted against the motion."

men in Ireland, be their politics or Sir James Grahame has already religion what they may, for they had his reward—the only reward he breathe in beautiful language the contemplated at the time he did his beautiful sentiments of Christian duty-the approbation of his own con- love and charity, and call on all science and of his country. He has brethren to dwell together in peace. shewn that he is worthy of that There are not wanting flashes of inesteem with which his character is dignation to wither the wicked; but generally regarded, and proved that their general character is gentle, and he will never, by any weak or base the law which this good and great act, under any temptation, sully that man desires to see all-powerful, is name to which he has in many ways the law not of fear but of love. What given additional lustre. Three years other sentiments could have been of Whig rule may have deadened, uttered by that Judge whose only but they have not extinguished fault is—that he is too merciful-rethe spirit of this once magnanimous membering ever that all men are nation ; and though it gave him pain criminals — and that pardon. may to sever himself, on this occasion, often do the work of punishmentfrom his friends in the Ministry, he at the expense of far other tears? thereby gained a million friends, and We have much more to say-but if it be asked, “ What will they must reserve it for other occasions. say at Cockermouth ?” it may be Meanwhile, we conclude with the answered, " The same that they say beautiful close of Mr Shaw's speech, all over Great Britain and Ireland to which the heart of Ireland has the First Lord of the Admiralty is a responded with a voice of blessing man of honour.”

on the honoured head which the MiWe have purposely avoided say- nistry hoped to humiliate, and with ing one word about Baron Smith's a voice of ban against all his persecharges; for we wished first to ex- cutors and slanderers. pose the falsehood of all the accusations the incendiary urged against Irish agitation to stand forward before

“ I challenge the boldest adventurer, in his character and conduct as a Judge. Political charges they indeed are; bring a charge of the slightest corruption,

an assembly of English gentlemen, and and full of the humanest wisdom. partiality, oppression, or any other speTherefore by O'Connell are they cies of criminality against Baron Smitb. abhorred; therefore to an infatua Let them betake themselves to the veted Whig Ministry are they hate- riest haunts of faction, turbulence, sediful; therefore was Baron Smith tion, and cater in the fetid atmosphere marked out as a victim; and there. of the most squalid misery and vice-let fore did the voice of the people for them include, nay, I should wish they bid the sacrifice.

would, every criminal that learned Judge These charges ought to be col. (who, if he had a fault, it was that he lected, and widely diffused-they was too humane) has ever tried, and I would make at once a statesman's defy them to carry thence one single and a subject's manual. The King's breath where with to sully the pure and Speech was far from being a very

untarnished reputation of that distin. bad one, though its composition was guished man. Has one individual dared, execrable; and the charge of Baron throughout the two nights of this discusSmith chiefly complained of by sion, to cast the shadow of an improper Lord Althorp, was, from beginning

motive across the long and honourable to end, a fervid exhortation to the path of bis judicial life? What then!

Will this House-the question is not most influential classes in Ireland, to crush sedition and preserve order

whether they approve or disapprove of by all the means and appliances re- trifling unpunctuality—but without the

some particular phrase or figure, or some commended to the lieges by their imputation of a crime-without the most gracious monarch. We dare- charge of an offence_drag that venerasay Lord Althorp does not admire ble man-the father of the Irish bench the style of Baron Smith's charges, the head and ornament of Irish sofor it is classical; but, being classi- ciety-the pride of Irish literaturecal, it is perspicuous; and these no- him who in the days of his youth, his vigour, his health, bad illumined the the arbitrary will of one despotic tyrant? brightest pages of Irish history; now- Will you render insecure our persons, when the brightness of his former fame our properties, and our lives? Will you, and great attainments was sinking into at his bidding, drive peace and safety the peacefulness of retirement, full of from our homes, and leave us, our wives years, covered with the honour, respect, and children, at the mercy of the law. and esteem of his entire country, and place less agitator - a prey to the midnight him a criminal at that bar? Forbid it jus- murderer and the voluptuous assassin ? tice, honour, truth ! Is there a generous Will you overturn the altars of our holy mind, a feeling heart, a noble sentiment religion? I speak this in no spirit of in Ireland, that would not revolt against religious or sectarian bigotry-I was myan act of such grievous injury-such wan- self friendly to the concession of politi. ton, crying, cruel, unprecedented injus- cal equality to my Roman Catholic feltice? And who is his accuser? who is low-countrymen-I thought they would it-that asks you without evidence, and have then been content, but I was grieupon his mere statement, to condemn that vously mistaken. They cry aloud for aged and venerated Judge ? The facti- the destruction of our Church; and if ous--turbulent-and seditious agitator ; this policy be continued, it will but inthe man who caused the passing of flame the infuriate zeal, with which the a special act of Parliament against il. Irish agitator thirsts for the life's blood legal associations— violated its provisions, of Protestantism. I speak not personally and escaped its penalties by its acciden- of Protestants, but religiously of Protestal expiration-who is at this moment tantism. If you contirm the vote, you vicariously suffering in the person of set the most fatal precedent that ever was another the punishment of that sedi. established in a British House of Comtion of which he this night the advo.

You abrogate the boasted charter cate—and whom you, this very Parlia- of judicial independence, passed not to ment, are now only holding within the uphold the personal rank and dignity of bounds of allegiance and the limits of the the Judge, but as the best security of the law, by the provisions of an extreme and rights and liberties of the subject. And extra-constitutional statute. Is this the as to Ireland-you will stab to the heart man at whose feet you will prostrate the her laws, her liberties, her peace, and her laws of the land, and in place of their prosperity ; and with them will fall mild and salutary sway, set up the iron withered to the ground every hope of rule of his dictation? Will you subvert amelioration in the unbappy condition of the judicial bench, and for it substitute that unhappiest of countries."



Cuap. I.


So it was finally agreed upon that and melted,) cheese, radishes, potawe should dine at Jack Ginger's toes, and cookery. Tom Meggot was chambers in the Temple, seated in a a cod's head and shoulders, and oyslofty story in Essex Court. There ters to match-Joe Macgillicuddy, a was, besides our host, Tom Meggot, boiled leg of pork, with peas-pud. Joe Macgillicuddy, Humpy Harlow, ding-Humpy Harlow, a sirloin of Bob Burke, Antony Harrison, and beef roast, with horseradish-Bob myself. As Jack Ginger had little Burke, a gallon of half-and-half, and coin and no credit, we contributed four bottles of whisky, of prime quacach our share to the dinner. He lity (“Potteen,” wrote the Whiskyhimself provided room, fire, candle, man, " I say, by Jupiter, but of which tables, chairs, tablecloth, napkins, many-facture He alone knows”)no, not napkins; on second thoughts Antony Harrison, half-a-dozen of we did not bother ourselves with Port, he having tick to that extent at napkins - plates, dishes, knives, some unfortunate wine-merchant's forks, spoons, (which he borrowed and I supplied cigars à discretion, from the wig-maker,) tumblers, le- and a bottle of rum, which I bormons, sugar, water, glasses, decanters rowed from a West Indian friend of -by the by, I am not sure that there mine as I passed by. So that, on the were decanters--salt, pepper, vine- whole, we were in no danger of sufgar, mustard, bread, butter, (plain fering from any of the extremes of

« PreviousContinue »