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PAGE DANIEL O'CONNELL 1

DANIEL O'CONNELL 9 IN DEFENCE OF JOHN MAGEE: COURT OF KING'S BENCH, DUBLIN, JULY 27, 1813.

LORD PALMERSTON 117

LORD PALMERSTON 125 ON THE CASE OF DON PACIFICO: HOUSE OF COMMONS, JUNE 25, 1850.

ROBERT LOWE, VISCOUNT SHERBROOKE 225

ROBERT LOWE, VISCOUNT SHERBROOKE 232 AGAINST THE REFORM ACT: HOUSE OF COMMONS, MAY 31, 1866.

THE RIGHT HONORABLE JOSEPH CHAMBERLAIN, M.P. 285

JOSEPH CHAMBERLAIN 292 SPLENDID ISOLATION.

JOSEPH CHAMBERLAIN 303 THE TRUE CONCEPTION OF EMPIRE.

LORD ROSEBERY 313

LORD ROSEBERY 318 THE DUTY OF PUBLIC SERVICE.

ILLUSTRATIVE NOTES 347

DANIEL O'CONNELL.

From the somewhat picturesque assemblage of Irish political agitators emerges the figure of one in many ways the most picturesque, and, in most, the greatest of them. The period of O'Connell's activities discloses him as one of the generation that came in with Scott and Wordsworth--children of the overlapping centuries, whom shortly the French Revolution was to stir to many things strange to the world of 1775.

The character of O'Connell challenges the biographer. In everything, perhaps, save his love for moderation, the man was Celtic; and every one does not care for the Celt. Surely he had the defects of the race: improvidence, unbounded invective, a speech too prodigal of epithet and ornament, the ultrasanguine temperament, and, more or less, the histrionic pose. Oppose to these that, as a Catholic, under great provocations, he was tolerant; as an agitator, moderate in his programme; as a man, generous, high-spirited, and, after a convivial youth, notably temperate. Manifestly it is a character that lends itself to the old-style biography of balance. The easiest estimate of it is to say outright that O'Connell was pure demagogue; but if so, he was one of the greatest. He lived in a time when the conduct of political discussion knew no amenities. It was the day of slander, innuendo, high words for high words, and then--the duel. For the high words, see O'Connell's reported speeches almost anywhere; as for the duelling, he had killed his man at the outset of his prominence, and lived a life of repentance for it. No man, it appears as we read the diatribes of the day, has been more soundly abused in English: his replies seem almost to strain the language of abuse. Thus it is that to the modern taste his style so often strikes a false note, and seems a crude mixture of passion and prejudice unworthy of a fame so great. Therefore O'Connell can least of all men be judged merely by his own words: the critic has always to remember the place and the moment,--the crowded, sympathetic court-room, the biased judge and hostile jury; or the myriad; upturned faces on a green hillside, mobile to each turning of the rhetorical screw. At such hours O'Connell must have yielded to his own art; the orator was subordinated to oratory, and often said ridiculous things.

"Leaders of Public Opinion in Ireland," N. Y., 1872, p. 226.

DANIEL O'CONNELL.

IN DEFENCE OF JOHN MAGEE: COURT OF KING'S BENCH, DUBLIN, JULY 27, 1813.

The specimen here presented of O'Connell's eloquence was, after the trial, piously published by Magee, and later included in that badly printed volume, "Select Speeches of O'Connell," edited by his son, and published by J. Duffy, Dublin, 1865. With some difficulty a probable text has been constructed out of the impressions of worn types and obvious misprints then given to the world.

I consented to the adjournment yesterday, gentlemen of the jury, from that impulse of nature which compels us to postpone pain; it is, indeed, painful to me to address you; it is a cheerless, a hopeless task to address you--a task which would require all the animation and interest to be derived from the working of a mind fully fraught with the resentment and disgust created in mine yesterday, by that farrago of helpless absurdity with which Mr. Attorney-General regaled you.

It was a discourse in which you could not discover either order, or method, or eloquence; it contained very little logic, and no poetry at all; violent and virulent, it was a confused and disjointed tissue of bigotry, amalgamated with congenial vulgarity. He accused my client of using Billingsgate, and he accused him of it in language suited exclusively for that meridian. He descended even to the calling of names: he called this young gentleman a "malefactor," a "Jacobin," and a "ruffian," gentlemen of the jury; he called him "abominable," and "seditious," and "revolutionary," and "infamous," and a "ruffian" again, gentlemen of the jury; he called him a "brothel keeper," a "pander," "a kind of bawd in breeches," and a "ruffian" a third time, gentlemen of the jury.

But not for him alone should compassion be felt. Recollect, that upon his advice--that with him, as the prime mover and instigator of those rash, and silly, and irritating measures of the last five years which have afflicted and distracted this long-suffering country, have originated--with him they have all originated. Is there not then compassion due to the millions whose destinies are made to depend upon his counsel? Is there no pity to those who, like me, must know that the liberties of the tenderest pledges of their affections, and of that which is dearer still, of their country, depend on this man's advice?

Yet, let not pity for us be unmixed; he has afforded the consolation of hope; his harangue has been heard; it will be reported--I trust faithfully reported; and if it be but read in England, we may venture to hope that there may remain just so much good sense in England as to induce the conviction of the folly and the danger of conducting the government of a brave and long-enduring people by the counsels of so tasteless and talentless an adviser.

I now dismiss the style and measure of the Attorney-General's discourse, and I require your attention to its matter. That matter I must divide, although with him there was no division, into two unequal portions. The first, as it was by far the greater portion of his discourse, shall be that which was altogether inapplicable to the purposes of this prosecution. The second, and infinitely the smaller portion of his speech, is that which related to the subject matter of the indictment which you are to try. He has touched upon and disfigured a great variety of topics. I shall follow him at my good leisure through them. He has invited me to a wide field of discussion. I accept his challenge with alacrity and with pleasure.

This extraneous part of his discourse, which I mean first to discuss, was distinguished by two leading features. The first consisted of a dull and reproving sermon, with which he treated my colleagues and myself, for the manner in which we thought fit to conduct this defence. He talked of the melancholy exhibition of four hours wasted, as he said, in frivolous debate, and he obscurely hinted at something like incorrectness of professional conduct. He has not ventured to speak out, but I will. I shall say nothing for myself; but for my colleagues--my inferiors in professional standing, but infinitely my superiors in every talent and in every acquirement--my colleagues, whom I boast as my friends, not in the routine language of the Bar, but in the sincerity of my esteem and affection; for my learned and upright colleagues, I treat the unfounded insinuation with the most contemptuous scorn!

All I shall expose is the utter inattention to the fact, which, in small things as in great, seems to mark the Attorney-General's career. He talks of four hours. Why, it was past one before the last of you were digged together by the Sheriff, and the Attorney-General rose to address you before three. How he could contrive to squeeze four hours into that interval, it is for him to explain; nor should I notice it, but that it is the particular prerogative of dulness to be accurate in the detail of minor facts, so that the Attorney-General is without an excuse when he departs from them, and when for four hours you have had not quite two. Take this also with you, that we assert our uncontrollable right to employ them as we have done; and as to his advice, we neither respect, nor will we receive it; but we can afford cheerfully to pardon the vain presumption that made him offer us counsel.

For the rest, he may be assured that we will never imitate his example. We will never volunteer to mingle our politics, whatever they may be, with our forensic duties. I made this the rigid rule of my professional conduct; and if I shall appear to depart from this rule now, I bid you recollect that I am compelled to follow the Attorney-General into grounds which, if he had been wise, he would have avoided.

Yes; I am compelled to follow him into the discussion of his conduct towards the Catholics. He has poured out the full vial of his own praise on that conduct--praise in which, I can safely assure him, he has not a single unpaid rival. It is a topic upon which no unbribed man, except himself, dwells. I admit the disinterestedness with which he praises himself, and I do not envy him his delight, but he ought to know, if he sees or hears a word of that kind from any other man, that that man receives or expects compensation for his task, and really deserves money for his labor and invention.

My lord, upon the Catholic subject, I commence with one assertion of the Attorney-General, which I trust I misunderstood. He talked, as I collected him, of the Catholics having imbibed principles of a seditious, treasonable, and revolutionary nature! He seemed to me, most distinctly, to charge us with treason! There is no relying on his words for his meaning--I know there is not. On a former occasion, I took down a repetition of this charge full seventeen times on my brief, and yet, afterwards, it turned out that he never intended to make any such charge; that he forgot he had ever used those words, and he disclaimed the idea they naturally convey. It is clear, therefore, that upon this subject he knows not what he says; and that these phrases are the mere flowers of his rhetoric, but quite innocent of any meaning!

Pardon the phrase, but there is no other suitable to the occasion. But he is a profligate liar who so asserts, because he must know that the whole tenor of our conduct confutes the assertion. What is it we seek?

Chief Justice.--What, Mr. O'Connell, can this have to do with the question which the jury are to try?

I ask, what is it we seek? What is it we incessantly and, if you please, clamorously petition for? Why, to be allowed to partake of the advantages of the constitution. We are earnestly anxious to share the benefits of the constitution. We look to the participation in the constitution as our greatest political blessing. If we desired to destroy it, would we seek to share it? If we wished to overturn it, would we exert ourselves through calumny, and in peril, to obtain a portion of its blessings? Strange, inconsistent voice of calumny! You charge us with intemperance in our exertions for a participation in the constitution, and you charge us at the same time, almost in the same sentence, with a design to overturn that constitution. The dupes of your hypocrisy may believe you; but, base calumniators, you do not, you cannot, believe yourselves!

Next, he glorifies himself in his prospect of putting down the Catholic Board. For the present, he, indeed, tells you, that much as he hates the Papists, it is unnecessary for him to crush our Board, because we injure our own cause so much. He says that we are very criminal, but we are so foolish that our folly serves as a compensation for our wickedness. We are very wicked and very mischievous, but then we are such foolish little criminals, that we deserve his indulgence. Thus he tolerates offences, because of their being committed sillily; and, indeed, we give him so much pleasure and gratification by the injury we do our own cause that he is spared the superfluous labor of impeding our petition by his prosecutions, fines, or imprisonments.

He expresses the very idea of the Roman Domitian, of whom some of you possibly may have read; he amused his days in torturing men--his evenings he relaxed in the humble cruelty of impaling flies. A courtier caught a fly for his imperial amusement--"Fool," said the emperor, "fool, to give thyself the trouble of torturing an animal that was about to burn itself to death in the candle!" Such is the spirit of the Attorney-General's commentary on our Board. Oh, rare Attorney-General!--Oh, best and wisest of men!!!

It is strange--it is melancholy, to reflect on the miserable and mistaken pride that must inflate him to talk as he does of the Catholic Board. The Catholic Board is composed of men--I include not myself--of course, I always except myself--every way his superiors, in birth, in fortune, in talents, in rank. What is he to talk of the Catholic Board lightly? At their head is the Earl of Fingal, a nobleman whose exalted rank stoops beneath the superior station of his virtues--whom even the venal minions of power must respect. We are engaged, patiently and perseveringly engaged, in a struggle through the open channels of the constitution for our liberties. The son of the ancient earl whom I have mentioned cannot in his native land attain any honorable distinction of the state, and yet Mr. Attorney-General knows that they are open to every son of every bigoted and intemperate stranger that may settle amongst us.

You are all, of course, Protestants; see what a compliment he pays to your religion and his own, when he endeavors thus to procure a verdict on your oaths; when he endeavors to seduce you to what, if you were so seduced, would be perjury, by indulging your prejudices and flattering you by the coincidence of his sentiments and wishes. Will he succeed, gentlemen? Will you allow him to draw you into a perjury out of zeal for your religion? And will you violate the pledge you have given to your God to do justice, in order to gratify your anxiety for the ascendancy of what you believe to be his church? Gentlemen, reflect on the strange and monstrous inconsistency of this conduct, and do not commit, if you can avoid it, the pious crime of violating your solemn oaths, in aid of the pious designs of the Attorney-General against Popery.

Oh, gentlemen! it is not in any lightness of heart I thus address you--it is rather in bitterness and sorrow; you did not expect flattery from me, and my client was little disposed to offer it to you; besides, of what avail would it be to flatter, if you came here pre-determined, and it is too plain that you are not selected for this jury from any notion of your impartiality?

The Attorney-General, defective in argument--weak in his cause, has artfully roused your prejudices at his side. I have, on the contrary, met your prejudices boldly. If your verdict shall be for me, you will be certain that it has been produced by nothing but unwilling conviction resulting from sober and satisfied judgment. If your verdict be bestowed upon the artifices of the Attorney-General, you may happen to be right; but do you not see the danger of its being produced by an admixture of passion and prejudice with your reason? How difficult is it to separate prejudice from reason, when they run in the same direction! If you be men of conscience, then I call on you to listen to me, that your consciences may be safe, and your reason alone be the guardian of your oath, and the sole monitor of your decision.

The Duke is here in this libel, my lords,--in this libel, gentlemen of the jury, the Duke of Richmond is called an honorable man and a respectable soldier! Could more flattering expressions be invented? Has the most mercenary Press that ever yet existed, the mercenary Press of this metropolis, contained, in return for all the money it has received, any praise which ought to be so pleasing--"an honorable man and a respectable soldier"? I do, therefore, beg of you, gentlemen, as you value your honesty, to carry with you in your distinct recollection this fact, that whatever of evil this publication may contain, it does not involve any reproach against the Duke of Richmond in any other than in his public and official character.

I have, gentlemen, next to require you to take notice that this publication is not indicted as a seditious libel. The word seditious is, indeed, used as a kind of make-weight in the introductory part of the indictment. But mark, and recollect, that this is not an indictment for sedition. It is not, then, for private slander, nor for any offence against the constitution, that Mr. Magee now stands arraigned before you.

In the third place, gentlemen, there is this singular feature in this case, namely, that this libel, as the prosecutor calls it, is not charged in this indictment to be "false."

The indictment has this singular difference from any other I have ever seen, that the assertions of the publications are not even stated to be false.

They have not had the courtesy to you, to state upon record that these charges, such as they are, were contrary to the truth. This I believe to be the first instance in which the allegation of falsehood has been omitted. To what is this omission to be attributed? Is it that an experiment is to be made, how much further the doctrine of the criminality of truth can be drawn? Does the prosecutor wish to make another bad precedent; or is it in contempt of any distinction between truth and falsehood, that this charge is thus framed; or does he fear that you would scruple to convict, if the indictment charged that to be false which you all know to be true?

Indeed, in any criminal case, the doctrine of the Solicitor-General is intolerable. I enter my solemn protest against it. The verdict which is required from a jury in any criminal case has nothing special in it--it is not the finding of the fact in the affirmative or negative--it is not, as in Scotland, that the charge is proved or not proved. No; the jury is to say whether the prisoner be guilty or not; and could a juror find a true verdict, who declared a man guilty upon evidence of some act, perhaps praiseworthy, but clearly void of evil design or bad consequences?

It is to be deeply lamented that the art of printing was unknown at the earlier periods of our history. If at the time the barons wrung the simple but sublime charter of liberty from a timid, perfidious sovereign, from a violator of his word, from a man covered with disgrace, and sunk in infamy--if at the time when that charter was confirmed and renewed, the Press had existed, it would, I think, have been the first care of those friends of freedom to have established a principle of liberty for it to rest upon which might resist every future assault. Their simple and unsophisticated understandings could never be brought to comprehend the legal subtleties by which it is now argued that falsehood is useful and innocent, and truth, the emanation and the type of heaven, a crime. They would have cut with their swords the cobweb links of sophistry in which truth is entangled; and they would have rendered it impossible to re-establish this injustice without violating the principle of the constitution.

I now ask you, to what is it you tradesmen and merchants are indebted for the safety and respect you can enjoy in society? What is it which has rescued you from the slavery in which persons who are engaged in trade were held by the iron barons of former days? I will tell you; it is the light, the reason, and the liberty which have been created, and will, in despite of every opposition, be perpetuated by the exertion of the Press.

Gentlemen, the Star-Chamber was particularly vigilant over the infant struggles of the Press. A code of laws became necessary to govern the new enemy to prejudice and oppression--the Press. The Star-Chamber adopted, for this purpose, the civil law, as it is called--the law of Rome--not the law at the periods of her liberty and her glory, but the law which was promulgated when she fell into slavery and disgrace, and recognized this principle, that the will of the prince was the rule of the law. The civil law was adopted by the Star-Chamber as its guide in proceedings against, and in punishing libellers; but, unfortunately, only part of it was adopted, and that, of course, was the part least favorable to freedom. So much of the civil law as assisted to discover the concealed libeller, and to punish him when discovered, was carefully selected; but the civil law allowed truth to be a defence, and that part was carefully rejected.

The Star-Chamber was soon after abolished. It was suppressed by the hatred and vengeance of an outraged people, and it has since, and until our days, lived only in the recollection of abhorrence and contempt. But we have fallen upon bad days and evil times; and in our days we have seen a lawyer, long of the prostrate and degraded Bar of England, presume to suggest an high eulogium on the Star-Chamber, and regret its downfall; and he has done this in a book dedicated, by permission, to Lord Ellenborough. This is, perhaps, an ominous circumstance; and as Star-Chamber punishments have been revived--as two years of imprisonment have become familiar--I know not how soon the useless lumber of even well-selected juries may be abolished, and a new Star-Chamber created.

From the Star-Chamber, gentlemen, the prevention and punishment of libels descended to the courts of common law, and with the power they seem to have inherited much of the spirit of that tribunal. Servility at the bar, and profligacy on the bench, have not been wanting to aid every construction unfavorable to freedom, and at length it is taken as granted and as clear law that truth or falsehood are quite immaterial circumstances, constituting no part of either guilt or innocence.

Yet, can any gentleman concerned for the Crown give me a definition of the crime of libel? Is it not uncertain and undefined; and, in truth, is it not, at this moment, quite subject to the caprice and whim of the judge and of the jury? Is the Attorney-General--is the Solicitor-General--disposed to say otherwise? If he do, he must contradict his own doctrine, and adopt mine.

But no, gentlemen, they must leave you in uncertainty and doubt, and ask you to give a verdict, on your oath, without furnishing you with any rational materials to judge whether you be right or wrong. Indeed, to such a wild extent of caprice has Lord Ellenborough carried the doctrine of crime in libel, that he appears to have gravely ruled, that it was a crime to call one lord "a stout-built, special pleader," although, in point of fact, that lord was stout-built, and had been very many years a special pleader. And that it was a crime to call another lord "a sheep-feeder from Cambridgeshire," although that lord was right glad to have a few sheep in that county. These are the extravagant vagaries of the Crown lawyers and prerogative judges; you will find it impossible to discover any rational rule for your conduct, and can never rest upon any satisfactory view of the subject, unless you are pleased to adopt my description. Reason and justice equally recognize it, and, believe me, that genuine law is much more closely connected with justice and reason than some persons will avow.

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