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Mr. 0’Connell's contests with the Irish executive, 1830-31.

it the press denounced it: the sense of the nation revolted against it. Those who most deplored the wrongs and misgovernment of Ireland, foresaw nothing but an aggravation of those evils, in the idle and factious cry for repeal. But Mr. O'Connell hoped, by demonstrations of physical force, to advance a cause which met with none of that moral support which is essential to success. On the 27th of December, 1830, a procession of trades' unions through the streets of Dublin was prevented by a proclamation of the lord-lieutenant, under the Act for the suppression of dangerous assemblies and associations in Ireland,1 as dangerous to the public peace. An association was then formed "for the prevention of unlawful meetings;" but again, the meeting of this body was prohibited by proclamation. Mr. O'Connell's subtle and crafty mind quickly planned fresh devices to evade the Act. First, to escape the meshes of the law against societies, he constituted himself the "Pacificator of Ireland," and met his friends once a week at a public breakfast at Home's Hotel. These meetings were also proclaimed illegal, under the Act. Next, a number of societies were formed, with various names, but all having a common object. All these whatever their pretext and devices were prohibited. Mr. O'Connell now resorted to public meetings, by which the acts of the lord-lieutenant were denounced as tyrannell submits nical and unlawful: but he was soon to quail before the law. On the 18th of January, 1831, he was apprehended and held to bail, with some of his associates, on informations charging him with having held various meetings, in violation of the lord-lieutenant's proclamation. True bills having been found against him, he pleaded not guilty to the first fourteen counts and put in demurrers to the others. But not being prepared to argue the demurrers, he was permitted to

Mr. 0’Con

to the law,

1831.

1 10 Geo. IV. c. 1, by which the Catholic Association had been suppressed (supra, p. 209). It was in force for one year from March 5th, 1829, and until the end of the then next session of Parliament.

withdraw them, and enter a plea of not guilty. This plea, again, he soon afterwards withdrew, and pleaded guilty to the first fourteen counts in the indictment; when the attorney-general entered a nolle prosequi on the remaining counts, which charged him with a conspiracy. So tame a submission to the law, after intemperate defiance and denunciations, went far to discredit the character of the great agitator. He was, however, suffered to escape without punishment. He was never brought up for judgment; and the act of 1829, not having been renewed, expired at the end of the short session, in April 1831.1 The repeal agitation was for a time repressed. Had its objects and means been worthier, it would have met with more support. But the government, relying upon public opinion, had not shrunk from a prompt vindication of the law; and men of every class and party, except the followers of Mr. O'Connell himself, condemned the vain political delusions, by which the Irish people had been disturbed.

tion in

This baneful agitation, however, was renewed in 1840, and continued, for some time, in forms more dangerous Renewal of and mischievous than ever. A Repeal Associa- repeal agitation was formed with an extensive organization of 1840. members, associates, and volunteers, and of officers desig nated as inspectors, repeal-wardens, and collectors. By the agency of these officers, the repeal rent was collected, and repeal newspapers, tracts, poems, songs, cards, and other devices disseminated among the people. In 1843, many monster meetings, assembled by Mr. O'Connell, were of the most threatening character. At Mullingar, upwards of May 14th, 100,000 people were collected to listen to inflam- 1843. matory speeches from the liberator.2 On the hill of Tara, where the rebels had been defeated in 1798, Aug. 15th, 250,000 people were said to have assembled for 1843.

1 Ann. Reg., 1831, ch. x.; Hans. Deb. (14th and 16th Feb., 1831), 3d Ser., ii. 490, 609.

2 Ann. Reg., 1843, p. 228, 231.

3 Ann. Reg., 1843, p. 231. Some said even a million; Speech of AttorneyGeneral, ibid., 1844, p. 310.

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Aug. 20th, 1843.

the same purpose. These meetings, by their numbers and organization, and by the order and discipline with which they were assembled and marshalled, assumed the form of military demonstrations. Menace and intimidation were plainly their object, not political discussion. The language of the liberator and his friends was designed to alienate the minds of the people from the English government and nation. Englishmen were designated as "Saxons:" their laws and rulers were denounced: Irishmen who submitted to the yoke, were slaves and cowards. Justice was to be sought in arbitration courts, appointed by themselves, and not in the constituted tribunals. To give battle to the English, was no uncommon theme of repeal oratory. "If he had to go to battle," said O'Connell, at Roscommon, "he should have the strong and steady tee-totallers with him the teetotal bands would play before them, and animate them in the time of peril: their wives and daughters, thanking God for their sobriety, would be praying for their safety; and he told them there was not an army in the world that he would not fight, with his tee-totallers. Yes, tee-totalism was the first sure ground on which rested their hope of sweeping away Saxon domination, and giving Ireland to the Irish.” 1 This was not constitutional agitation, but disaffection and revolt. Oct. 8th, At length, a monster meeting having been an1843. nounced to take place at Clontarf, near Dublin, the government issued a proclamation 2 to prevent it; and by necessary military precautions, effectually arrested the dangerous demonstration. The exertions of the government were seconded by Mr. O'Connell himself, who issued a no

1 Ann. Reg., 1843, p. 234; Ibid., 1844, p. 335, et seq. Trial of Mr. O'Connell; summing up of chief justice, &c.

2 The proclamation stated "that the motives and objects of the persons to be assembled thereat, are not the fair legal exercise of constitutional rights and privileges, but to bring into hatred and contempt the government and constitution of the United Kingdom, as by law established, and to accomplish alterations in the laws and constitution of the realm, by intimidation, and the demonstration of physical force."

tice abandoning the meeting, and used all his influence to prevent the assembling of the repealers.

O'Connell

Jan. 15th,

This immediate danger having been averted, the government resolved to bring Mr. O'Connell and his Trial of Mr. confederates to justice, for their defiance of the and the relaw; and on the 14th of October, Mr. O'Connell, peal leaders. his son, and eight of his friends were arrested and held to bail on charges of conspiracy, sedition, and the unlawful assembling of large numbers of persons for the purpose of obtaining a repeal of the Union by intimidation and the exhibition of physical force.1 From this moment Mr. O'Connell moderated his language, abjured the use Nov. 2d, of the irritating term of "Saxon," exhorted his 1843. followers to tranquillity and submission; and gave tokens of his readiness even to abandon the cause of repeal itself.2 At length the trial was commenced; but, at the out- Trial comset, a painful incident, due to the peculiar condi- menced, tion of Ireland, deprived it of much of its moral 1844. weight, and raised imputations of unfairness. The old feud between Catholic and Protestant was the foundation of the repeal movement: it embittered every political struggle; and notoriously interfered with the administration of justice. Neither party expected justice from the other. And in this trial, eleven Catholics having been challenged by the crown, the jury was composed exclusively of Protestants. The leader of the Catholic party, the man who had triumphed over Protestant ascendency, was to be tried by his foes. After a trial of twenty-five days, in which the proceedings of the agitators were fully disclosed, Mr. O'Connell was found guilty upon all, or parts of all, the counts of the indictment; and the other defendants (except Father Tierney) May 30th, on nearly all. Mr. O'Connell was sentenced to a year's imprisonment, to pay a fine of 2000l., and to give

1 Ann. Reg., 1843, p. 237. ..

2 Ibid., p. 238.

8 Hans. Deb., 3d Ser., lxxiii. 435; lxxvi. 1956, &c.

1844.

8

security for good behavior for seven years.

The other defendants were sentenced to somewhat lighter punishments; and Mr. Tierney was not called up for judgment.

The writ of error.

Mr. O'Connell was now old, and in prison. Who can wonder that he met with compassion and sympathy? His friends complained that he had been unfairly tried; and the lawfulness of his conviction was immediately questioned by a writ of error. Many who condemned the dangerous excesses of the repeal agitation, remembered his former services to his country, his towering genius, and rare endowments; and grieved that such a man should be laid low. After four months' imprisonment, however, the judgment of the court below was reversed by the House of Lords, on the writ of error, and the repealers were once more at liberty. The liberator was borne from his prison, in triumph, through the streets of Dublin. He was received with tumultuous applause at meetings, where he still promised a repeal of the Union: his rent continued to be collected but the agitation no longer threatened danger to the state. Even the miscarriage of the prosecution favored the cause of order. If one who had defied the government of England could yet rely upon the impartial equity of its highest court, where was the injustice of the hated Saxon? And having escaped by technical errors in the indictment, and not by any shortcomings of the law itself, O'Connell was sensible that he could not again venture to transgress the bounds of lawful agitation.

Failure of the

tion.

Henceforth the cause of repeal gradually languished and died out. Having no support but factious violence, repeal agita- working upon general discontent and many social maladies, it might indeed have led to tumults, bloodshed, and civil war, - but never to the coercion of the government and legislature of England. Revived a few years later by Mr. Smith O'Brien, it again perished in an abortive and ridiculous insurrection.1

Conclusion
of repeal
agitation,
1848.

Mr. Smith
O'Brien.

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1 Ann. Reg., 1848, p. 95; Chron., p. 95.

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