The Felon's Track Part 5

FOOTNOTES:

[Footnote 5: The Repeal "Rent." The weekly contributions to the funds of Conciliation Hall.--Ed.]

[Footnote 6: Moved by the Right Reverend Dr. Brown of Elphin; seconded by the Right Reverend Dr. McNally of Clogher. Resolved: That the Most Reverend Dr. Crolly be requested to reply to the letter received from the Holy Father, stating that the instructions therein contained have been received by the a.s.sembled prelates of Ireland with that degree of profound respect, obedience and veneration that should ever be paid to any doc.u.ment emanating from the Apostolic See, and that they all pledge themselves to carry the spirit thereof into effect."

Dr. Crolly had previously explained what he considered true obedience to the rescript. He writes in reference to a former one in 1839: "In obedience to the injunction of the Holy See, I endeavoured to reclaim those misguided clergymen;" adding that the present was "in order that I should _more efficaciously_ admonish such priests or prelates as I might find taking a prominent or imprudent part in political proceedings."]

[Footnote 7: John Reynolds.]

CHAPTER IV

IMPRISONMENT OF O'BRIEN FOR CONTEMPT OF THE BRITISH COMMONS.--CONDUCT OF THE a.s.sOCIATION.--DEPUTATION FROM THE '82 CLUB.--MR. O'CONNELL RETURNS TO IRELAND.--DISCUSSIONS IN THE COMMITTEE.

Before proceeding to detail the circ.u.mstances which led to the celebrated secession, it is essential to dispose of an episode in the struggle, which, more than any other, stamped its impress on the acts and feelings of that unfortunate period; I allude to the imprisonment, by the House of Commons, of William Smith O'Brien. There is no act of his life upon which there has been so much acrimonious criticism; none on account of which he has been subjected to so much intemperate misrepresentation. And yet, perhaps, his great career, fruitful in good actions, never furnished a purer or more unselfish example of sound judgment as well as intrepidity and devotion. The history of his incarceration ranges over a great portion of the time which has been already pa.s.sed, and enters largely into the leading events, hereafter to be related. A clear understanding of the whole--of Mr. O'Brien's influencing motives and his tenacity of principle--would be impossible without a distinct recital of the circ.u.mstances out of which his purpose first grew, and which, to the end, controlled his resolution.

In the spring of 1845, the committee of the a.s.sociation pa.s.sed a vote to the effect that the Parliamentary representatives, who were members of that body, should withdraw from the British Parliament. It was proposed by Mr. Davis and received Mr. O'Connell's entire approval. Though at first sneered at, it had a stunning effect. The supercilious British Commons, who would have answered the just remonstrance of the Irish Repealers with a jeer, shrank from the consequences of legislating for the country in the absence of the men, whose efforts, if present, they would not hesitate to scoff at. The disturbing influence of the resolution became at once perceptible, and the earliest means were taken to bring the question to an issue. Mr. Hume, a parsimonious economist, of n.i.g.g.ard principle and grovelling sentiment, undertook the office of coercing the Irish. He gave notice of a motion for a call of the House.

This man, a mean utilitarian, had been rejected by the country of his birth and the country of his adoption, and found refuge in an Irish const.i.tuency, that returned him without solicitation and without expense. He repaid them and the country by a vulgar jest, and now a.s.sumed the responsibility of their public prosecutor.

The a.s.sociation heard his threat with calm indignation and resolved at once to defy him. The great importance of the position in which it was placed suggested the necessity of a deliberate consideration; first, of the const.i.tutional question at stake and, secondly, of the steps proper to vindicate its own dignity and resolution. As on all such occasions, a sub-committee was appointed to whom the question was referred. Mr.

O'Connell had to some extent formed an opinion favourable to the object of the a.s.sociation. He stated that he had considered the question in a two-fold point of view.

First, "Whether the controlling power of the English House of Commons over its members, which admittedly it possessed before the Act of Union, was extended to the Irish portion of the members by that Act, there being no express provision creating it?"

And secondly, "Whether even if the House possessed the power, it was competent to enforce it, or, in other words, whether the Speaker's warrant would receive Ireland?"

To report on these two questions, thus framed, the following gentlemen were elected as a sub-committee: James O'Hea, Sir Colman O'Loghlen, Robert Mullen, James O'Dowd and myself. Of that committee, each approached his task with that instinctive bias, inseparable from ardent minds, excited by a darling hope. They read the precedents, the cases, the arguments and judgments applicable to their enquiry with the aid of such a hope, and still they came to the reluctant decision that the ground taken against the authority of the British Parliament was not maintainable. With regard to the first branch they were unanimous. With regard to the second, Sir Colman O'Loghlen alone entertained some doubts. As chairman of the committee, I drew up a brief report, embodying our opinion. One reason alone we thought conclusive, namely, that the formidable jurisdiction claimed by the House of Commons was indispensable to the unimpeded fulfilment of its functions, as a coordinate branch of the supreme power and controlling authority of the State. In its very danger and extravagance consisted its supremacy; for it showed that it was only admitted from its overruling and overmastering necessity. And as the Parliament was recognised in Ireland in all things else we thought it would be absurd to deny it functions indispensable to its vitality.

On handing in the report, I mentioned the doubts entertained by Sir Colman O'Loghlen. Mr. O'Connell suggested that the report should be deferred until he could consult Sir Colman. The suggestion was agreed to, and time given for reconsideration. Mr. O'Connell himself examined the question, he said, with great attention. He was a.s.sisted by Mr.

Clements in his researches, and at the end of the fortnight he came down to the committee with a report of his own, distinctly and emphatically contradicting ours, upon both branches of the case. He delivered it to the chairman (Mr. S. O'Brien), with exultation, as a great const.i.tutional discovery of unspeakable importance to the liberties of Ireland. The committee received it in the same spirit. I ventured to question the soundness of his opinion, and maintain my own, it was considered a daring thing to do in those times; but the question seemed to me so clear that I could not abandon my views without treachery to my conviction. The discussion was very short, and ended in personality, wherein he insinuated something about unworthy motives. No scene of my life made the same impression on me. I felt keenly his reproaches, but still more keenly the impolicy and imprudence of the step into which the country was precipitated. I requested that the question should be again postponed, and the opinion of some eminent men outside the a.s.sociation taken. I was overruled, and even laughed at--it was "doubting Mr.

O'Connell." Mr. O'Connell said, "I'll test this question '_meo periculo_.'" The resolution pa.s.sed amid cheers, and was recorded next day amid the louder and more vehement cheers of the a.s.sociation. The country re-echoed the boast, and the House of Commons was, by a formal and solemn vote of the entire nation, set at defiance. The conflict was pre-arranged, even to its minute details. Mr. O'Brien was to proceed to London, where disobedience would be more marked and decisive; and Mr.

John O'Connell was to remain in Ireland, where he could take advantage of an additional obstacle to the exercise of its authority to the House.

So the matter stood when Mr. Hume, through what motive it is not easy to see, neglected or abandoned his notice. The country regarded this as a confession of weakness by the House, and gloried in a new triumph achieved by the genius of Mr. O'Connell. He himself thought he had found a great and solid basis for future action, and hinted at the prospect of being able to raise upon it a parliamentary structure, having imprescriptible and indefeasible authority, and only requiring the sanction of the crown.

A short time after the withdrawal of Mr. Hume's motion, the question was again raised in another form. The chairman of the Committee of Selection for Railways addressed a circular, among others, to Messrs. S. O'Brien and John O'Connell, requiring their attendance at the selection of special Railway Committees. The correspondent of the _Freeman's Journal_, thus writes in forwarding their replies:--

_London, Monday, June 30._

"The authority of the British Senate over Irish representatives is now fairly placed at issue. By my letter of yesterday evening, you were apprised of the determination of Smith O'Brien and John O'Connell, to refuse to comply with the summons of the parliamentary selection committee.

"The course I suggested as that which it was probable would be adopted, has been since finally resolved upon, and in part carried into execution. John O'Connell, for the purpose of taking the chances of a judgment in the Irish court, will not forward his answer till he shall have reached Ireland. Smith O'Brien delivered his reply to the clerk of the House of Commons this day, at one o'clock."

Here follows Mr. O'Brien's letter:--

OXFORD AND CAMBRIDGE CLUB, PALL-MALL.

"_June 30, 1845._

"Sir.--I had the honour of receiving on Sat.u.r.day afternoon a letter dated 28th June, and signed 'Henry Creed,' to the following effect: 'I am directed by the committee of selection to inform you that your name is on the list for which members will be selected to serve on the railway committees, which will commence their sittings in the week beginning Monday, the 14th July, during which week it will be necessary for you to be in attendance, for the purpose of serving, if requested, on a railway committee.'

"I trust that the committee of selection will not think that I am prompted by any feeling of disrespect towards them, or towards the House of Commons, when I inform them that it is my intention not to serve on any committees except such as may be appointed with reference to the affairs of Ireland.

"I accepted a seat in the House of Commons, in the hope of being thereby enabled to a.s.sist in improving the condition of the land of my birth. So long as I continued to believe that I could serve Ireland effectually in the House of Commons, I shrank from none of the labours which are connected with the varied functions of that a.s.sembly. During twelve years I attended Parliament with an a.s.siduity of which I might feel disposed to boast, if the time so consumed by the House and by myself had been productive of results useful to my native country.

"Experience and observation at length forced upon my mind the conviction that the British Parliament is incompetent through want of knowledge, if not, through want of inclination, to legislate wisely for Ireland, and that our national interests can be protected and fostered only through the instrumentality of an Irish legislature.

"Since this conviction has established itself in my mind I have felt persuaded that the labours of the Irish members, though of little avail in the British Parliament, might, if applied in Ireland with prudence and energy, be effectual in obtaining for the Irish people their national rights.

"I have reason to believe that in this opinion a very large majority of my const.i.tuents concur. To them alone I hold myself responsible for the performance of my parliamentary duty. If they had disapproved of my continued absence from the House of Commons, I should have felt it my duty to have withdrawn from the representation of the county of Limerick; but I have the satisfaction of thinking that I not only consult the interests, but also comply with the wishes of my const.i.tuents in declining to engage in the struggles of English party, or to involve myself in the details of English legislation.

"While such have been the general impressions under which I have absented myself during nearly two years from the House of Commons, I yet do not feel myself at liberty to forego whatever power of resistance to the progress of pernicious legislation my office of representative may confer upon me. Upon the present occasion, I have come to London for the purpose of endeavouring to induce the House of Commons, or rather the Government, who appear to command the opinions of a large majority of the House, to modify some of the Irish measures now before Parliament in such a manner as to render them beneficial, instead of injurious, to Ireland.

"Desiring that none but the representatives of the Irish nation should legislate for Ireland, we have no wish to intermeddle with the affairs of England, or Scotland, except in so far as they may be connected with the interest of Ireland or with the general policy of the empire.

"In obedience to this principle I have abstained from voting on English and Scotch questions of a local nature, and the same motive now induces me to decline attendance on committees on any private bills, except such as relate to Ireland.

"I am prepared to abide with cheerfulness the personal consequences which may result from the course of conduct which I feel it my duty to adopt.

"I speak with great diffidence upon any question of a legal kind, but I am supported by very high professional authority when I suggest to the committee that no power was delegated to the House of Commons by the Act of Union, or by subsequent statutes, to compel to attendance Irish members on the deliberations of the British Parliament. Neither do I find that any authority has been given by statutory enactment to the House (except in the case of election pet.i.tions) to enforce the attendance of members upon committees.

"I refrain, however, from arguing legal questions which may be raised before another tribunal, in case it should become necessary and advisable to appeal from the decision of the House of Commons to the courts of judicature, and conclude by a.s.suring the committee that I take the course which I propose to adopt, not from any desire to defy the just authority of the House of Commons, but in obedience to my sense of the duty which I owe to my const.i.tuents and my country.

"I have the honour to be, your obedient servant,

"WILLIAM S. O'BRIEN.

"To the Chairman of the Committee of Selection."

[Ill.u.s.tration: Thomas Devin Reilly]

Mr. O'Connell's letter bears date on the next day, as announced in the correspondent's notice, because it was intended it should not be delivered until the honourable gentleman was beyond the pale of English jurisdiction.

"BRITISH HOTEL, JERMYN STREET,

8 a.m., _July 1st._

"Sir.--I have to acknowledge the receipt of a notification by order of your committee, to the effect that my attendance in Parliament will be required during the week beginning Monday, 14th July, for the purpose of serving, if chosen, on a parliamentary committee.

"With every respect to you, Sir, and the gentlemen of your committee, I absolutely decline attending.

"I, like some others, came to London the first time this session about a fortnight ago to remonstrate against and endeavour to resist the plan of infidel education which the Government are forcing upon Ireland. We had not, nor for some years have had, the slightest hope of obtaining any measure of good from a foreign parliament; but we came against our better judgment, that it might not be said we had not gone all lengths to endeavour to deter the Government from a scheme so redolent of political corruption, social profligacy and religious infidelity.

"We came armed with mult.i.tudinous pet.i.tions of the people, and the strong, unanimous and most decided protest from our revered prelacy and clergy.

"We were of course mocked at, derided and refused; but, what is of infinitely more consequence, the voice of our prelates and of the faithful people of Ireland have been treated with utter contempt--even Irish Catholics (yielding to the unwholesome influences around them) joining in the contemptuous refusal.