"Under these circ.u.mstances, Sir, I certainly will not suffer that portion of the people of Ireland who have entrusted their representation to my charge to be further mocked at and insulted in my person. I go to where I can best discharge my duty to them and to Ireland--_in Ireland_. There struggling, with doubtless as little ability, but with more energy and, if possible, more whole-hearted devotion than ever, to put an end to the present degradation of my country and obtain for her that which can alone ensure protection to her interests, relief to her many wants, and peace, freedom and happiness to her long oppressed and long enduring people,

"I have the honour to be, Sir,

"Your obedient servant,

"JOHN O'CONNELL.

"To the Chairman of the Committee of Selection."

These doc.u.ments were entered on the minutes of the a.s.sociation, and remained on its records with the original resolution. But no more was done in the matter until the beginning of April, 1846.

Mr. O'Connell and his son were in London, and Mr. O'Brien remained in Ireland. They had been all summoned to attend on committees. When Mr.

O'Brien reached London, he found that the Messrs. O'Connell, without any previous communication with him or with the a.s.sociation, and without reference to the solemn resolution, to the contrary, of that body, were acting on committees. This deeply disappointed and mortified him, and he at once resolved to remain faithful, at all risks, and though he stood alone, to the obligation which he had contracted with the sanction and approval of his country. Whatever may be the temper and resolution of the House of Commons, had it been resisted by the unbroken strength of the a.s.sociation, it felt confident of its power to crush Mr. O'Brien alone, separate from, nay, abandoned by, the great leader of the Irish people. It must be acknowledged that the course pursued by the Commons was considerate and moderate. A principle involving their liberty of action was in issue; to vindicate it was indispensable; but finding themselves only opposed by a single man, of all those who had provoked the encounter, they proceeded with caution and forbearance. They forewarned, counselled and remonstrated during the time that intervened; and several members of the House, including Mr. O'Connell, urged Mr.

O'Brien to give way. He refused, determinedly, and it may be supposed not the less sternly, when he found, among those who advised him to falsify his solemn promise, the man upon whose authority and through whose influence he had made it. The result was, his arrest and imprisonment, for disobedience to the House. Circ.u.mstances more trying never beset the fort.i.tude of a great man. Personal liberty was his slightest loss. The sneers of his enemies, the pity of his personal, and the desertion of his political, friends poisoned[A] the very air of the miserable cell to which he was consigned, and what completed his agony was a notion that he had been abandoned by his country.

During the early part of his imprisonment, a motion was made questioning the authority of the House. In the course of the discussion, Sir Thomas Wilde, then Attorney-General, dared any const.i.tutional lawyer to impugn the jurisdiction a.s.sumed by the House. Every member felt that the challenge was offered to Mr. O'Connell, who replied as follows:--

"I am sure that the House will give credit to my a.s.surance that I should not rise to advocate the cause of my honourable friend, if I thought he had had the slightest intention of being disrespectful towards the House. It has not been his intention to be guilty of any contempt towards it: he thought he was ent.i.tled to make the exception to which he adheres. He has acted from a strong sense of duty, and I am sorry to see it is a sense of duty he is not likely to give up."

I add to this an extract from his speech delivered at the Corn Exchange, when, in spite of the most earnest remonstrance, the a.s.sociation offered its defiance in solemn form to the British Parliament.

"Mr. O'Connell rose amid loud cheers, and said:--Our usual course of proceeding in this hall is to commence with handing in money, and then to go on with business of inferior importance, the business of making speeches (hear! hear! and laughter); but among the pa.s.sing events of the day, there is one of such signal importance, that I am sure you will readily admit that I am right when I claim for it, on the present occasion, a right of precedence over any donation or subscription, no matter from what quarter they may come. The matter I allude to is a menace held out for the intimidation (as it is supposed) of the Irish members who are given to understand that there is about to be a call of the House, and that it is intended that the Speaker's warrant shall issue to compel them to go over to London. Now, sir, I think it right to apprise the a.s.sociation and the country that, having considered this question attentively, I have made up my mind that the Speaker has no const.i.tutional authority whatever to issue any such warrant."

But what pained Mr. O'Brien the deepest was the apparent coldness, apathy or cowardice of the Irish people. Among them, and them only, he calculated an enthusiastic sustainment. But those who felt the deepest in his regard were constrained by the responsibility of coming to an open rupture with Mr. O'Connell, at a time when union in the ranks of the a.s.sociation was indispensable to even partial success. A vote was proposed to the committee, approving of Mr. O'Brien's act, and pledging the a.s.sociation to an identification with the principle by which his conduct was governed. That vote was resisted by the whole of Mr.

O'Connell's family, and personal friends and by all the pensioners and employes of the body. It was carried, nevertheless. But a motion to consult Mr. O'Connell as to its legality was pa.s.sed, and the resolution was transmitted to him accordingly. His reply was an urgent remonstrance against the resolution on the ground of illegality. Meantime, representations were made that a certain party in the a.s.sociation, intolerant of Mr. O'Connell's sway, were using that occasion to undermine his authority and overthrow his power. The great responsibility of causing disunion determined the supporters of the resolution to compromise with its opponents, and it was finally shaped thus:--

"Resolved, That having learned with deep regret, that by a resolution of the House of Commons the country has been deprived of the eminent services of Mr. William Smith O'Brien, and that ill.u.s.trious member of this a.s.sociation himself committed to prison, we cannot allow this opportunity to pa.s.s without conveying to him the a.s.surance of our undiminished confidence in his integrity, patriotism and personal courage, and our admiration for the high sense of duty and purity of purpose which prompted him to risk his personal liberty in a.s.sertion of a principle which he believed to be inherent in the const.i.tution of his country."

It was again, in its modified form, transmitted to Mr. O'Connell, and returned with his disapprobation. Captain Broderick read a letter from him, to that effect, at a meeting of the committee, suddenly summoned on Monday, the 4th of May, a few hours only previous to the public meeting of the a.s.sociation, deprecating the pa.s.sing of the resolution in any form. The present writer was the proposer of the resolution, and, feeling that he had already made too great a compromise, he refused to accede to this last request of Mr. O'Connell. The resolution was proposed and adopted with acclamation, and a letter was read from Mr.

O'Connell, by Mr. Ray, in which he stated that the resolution did not go far enough.

In the provinces, the timid policy of the a.s.sociation was decried with bitterness, and the men who struggled, against great odds, to identify the whole island with Mr. O'Brien, and pledge it to sustain him to the last, were subjected to the most virulent denunciations. Because the compromised resolution was moved, seconded, and spoken to by them, the whole country regarded them as the betrayers of their own avowed chief, and the violence with which they were attacked was unmeasured and unscrupulous.

They made no reply. No unjust aspersions from a people in ignorance of the resistance offered to them, and the motives that influenced them, could induce them to explain the position they had taken. But when they saw while they were subjected to the storm that Mr. O'Connell's friends, on the authority of his published letter, took credit for neutrality, they resolved once more to test the question in a body, whose proceedings were of a more private character, and where the most marked difference of opinion could lead to no fatal result--the Eighty-Two Club. Mr. O'Connell was the president of this club, and Mr. O'Brien one of its vice-presidents. A meeting was called. The attendance was unusually large. Men who had never before, and have never since, appeared at its meetings, were present. The question proposed was that an address be presented to Mr. O'Brien, in which his principles and his conduct would be fully recognised, approved of and adopted. This led to a discussion that lasted two days, but the motion was carried in the end by a majority of two to one. One man, and one only, unconnected with Mr. O'Connell, either by personal friendship or personal obligations, voted against the resolution. That man is Sir Colman O'Loghlen. His name is mentioned, because he was the only member of the minority whose motives could be regarded as unquestionable. For the rest, the minority was composed of Mr. O'Connell's sons and relatives, with Mr. Ray and Mr.

Crean, officers of the a.s.sociation, and one or two members whom he had caused to be returned to Parliament, amounting to twelve. A committee was appointed to prepare the address and resolutions, which were written by John Mitchel, and adopted by the committee without the change of a word. They also determined that the address should be adopted in its integrity by the club, or not at all. When it was proposed, objection was again taken to its principle, on the ground that it would commit the club, and involve it in a hopeless conflict with the House of Commons which of itself, it was averred, would be a misdemeanour at common law.

The proposition was eminently absurd in common sense, as well as law, but it was sustained by the practised ingenuity and great skill of Mr.

O'Hea, who, to do him justice, seemed deeply to feel the hopelessness and shamefulness of the task that was a.s.signed him. But no other argument could prevail, and this appeal to the fears or selfishness of its wealthiest members was had recourse to in consequence of the utter poverty of reason and argument, which could otherwise be presented against the principle of the address. But such an obligation led to a novel difficulty and bitterer conflict. A discussion involving principles of the greatest moment narrowed into a technical disquisition of abstract law. Mr. O'Hea was driven from his position by the unanimous and unqualified opinion of every barrister present, and even by his own silence, when dared to allow the address to pa.s.s in the negative, and a.s.sume the responsibility of its rejection on the avowed ground of his legal opinion, as expressed to the meeting. The address was adopted by a greater majority than that which had confirmed the principle on the previous day, and a deputation was appointed to present it to Mr.

O'Brien in his prison.

The members of that deputation, who proceeded to fulfil their mission, were William Bryan, of Raheny Lodge; John Mitchel, Richard O'Gorman, Thomas Francis Meagher and the present writer. They were accompanied by Terence Bellew MacMa.n.u.s and John Pigot, who joined them in London. They waited on Mr. O'Connell, as the president of the club, produced the address and requested he would proceed with them to present it. He admitted, without question, that as it was adopted by so very large and influential a majority, he was bound to do so. But he added that Mr.

O'Brien refused to receive a visit from him, owing to the part he had taken, and further said, if Mr. O'Brien expressed a wish to see him, that he would accompany us. The deputation on their way to the House of Commons consulted for a moment, and, as well as I remember, Doctor Gray and some others were present: the result was a determination to present the address without Mr. O'Connell, feeling that an explanation between him and Mr. O'Brien, could not fail to lead to unpleasant recriminations, if not to more serious differences. The address and answer were as follows:--

"TO WILLIAM SMITH O'BRIEN, ESQ.

"RESPECTED VICE-PRESIDENT AND BROTHER.

"Heartily approving of the course you have taken in refusing to devote to the concerns of another people any of the time which your own const.i.tuents and countrymen feel to be of so much value to them, we, your brethren of the '82 Club, take this occasion of recording our increased confidence in, and esteem for you, personally and politically, and our determination to sustain and stand by you in a.s.serting the right of Ireland to the undistracted labours of our own representatives in Parliament.

"We, sir, like yourself, have long since 'abandoned for ever all hope of obtaining wise and beneficial legislation for Ireland from the Imperial Parliament'; nor would such legislation, even if attainable, satisfy our aspirations. We are confederated together in the '82 Club upon the plain ground that no body of men ought to have power to make laws binding this kingdom, save the Monarch, Lords, and Commons of Ireland. From that principle we shall never depart, and with G.o.d's help it shall soon find recognition by a parliament of our own.

"Upon the mode in which the House of Commons has thought fit to exercise the privilege it a.s.serts in the present instance--upon the personal discourtesy which has marked all the late proceedings in your regard, we shall make but one comment, that every insult to you is felt as an insult to us and to the people of Ireland.

"It would be idle and out of place to offer condolence to you, confined in an English prison for such an offence. We congratulate you that you have made yourself the champion of your country's rights, and submitted to ignominy for a cause which you and we know shall one day triumph.

"(Signed)

"COLMAN M. O'LOGHLEN, Vice-President, Chairman.

"May 9th, 1846."

"BROTHERS OF THE '82 CLUB.--I receive this address with pride and satisfaction.

"I recognise in the '82 Club a brotherhood of patriots, who have volunteered to take the foremost place in contending for the liberties of Ireland, and who may vie, in regard of ability, integrity and sincerity of purpose, with any political a.s.sociation, consisting of equal numbers, which has ever been united in voluntary confederation.

"The unqualified approval accorded to my conduct by such a body justifies me in entertaining a sentiment of honourable pride, which I am not ashamed to avow.

"Nor shall I attempt to disguise the satisfaction with which I receive this address.

"If you had approached me with language of condolence, I could scarcely have dissembled my grief and disappointment; but you have justly felt that such language would be unsuited to the occasion, and unworthy both of yourselves and of me.

"On the contrary, you _congratulate_ me upon being subjected to reproach and indignity for having aspired to vindicate the rights of my native land; you deem, as I deem, that to suffer for Ireland is a privilege rather than a penalty.

"In acknowledging your address, I shall not dwell upon the many important considerations which are involved in my present contest with the House of Commons. I cannot but think, indeed, that the const.i.tutional questions at issue are of the highest moment, not alone to the Irish people, but also to each member of the legislature, and to every parliamentary elector in the United Kingdom. Upon the present occasion, however, I am contented to waive all reference to collateral issues, and to justify my conduct upon the simple ground upon which it has received your approval--namely, that until a domestic legislature shall be obtained for Ireland, my own country demands my undivided exertions.

"Be a.s.sured that those exertions will not be withheld so long as life and liberty remain to me, until Ireland shall again _fiat_ the Declaration of 1782: 'That no body of men is ent.i.tled to make laws to bind the Irish nation save only the Monarch, the Lords, and the Commons of Ireland.'"

On my way home I was invited to address a public meeting of Repealers in Liverpool. I accepted the invitation, and in the course of my observations, emphatically repudiated all compromise on the subject of my country's deliverance. I disclaimed the idea that any concessions, any equalization with England in political franchises, any amelioration of our political or social condition, could ever be accepted by Ireland in compromise of her inalienable independence. When I arrived in Dublin, I attended the a.s.sociation, and, happening to read a letter from the Rev. Mr. Walshe, of Clonmel, couched in the warmest terms of admiration of Mr. O'Brien's purity and heroism, the cowardice or jealousy of a certain party in the Hall found expression through its proper organs, and I was called to order in the name of the law. A violation of law to _praise_ William Smith O'Brien! The chairman decided it was. To such decision I scorned to submit, and I read the letter to the end, amidst the most enthusiastic cheers of the audience. I was proceeding to read another letter from another clergyman of the same town, written in a very different spirit, when I was besought to withhold it, and entreated not to read it. I complied. It is but fair to add here that on the Sat.u.r.day previous, an article was published in the _Nation_, some expressions of which Mr. O'Connell considered personally insulting.

Whether Mr. O'Connell was influenced by one or all of these occurrences, cannot be affirmed here. But he proceeded to Ireland in the course of the week, and suddenly called a meeting of the Committee of the a.s.sociation, before which he arraigned us of discourtesy to him in London, found fault with the meeting at Liverpool, accused the _Nation_ of attacking him, and, finally, expressed his unequivocal disapprobation of my resistance to the order of the chairman in the Hall. The deputation explained their conduct in London, and the motives that governed them, with which he appeared to be satisfied. All connection with the proceeding in Liverpool with which he took offence, was disclaimed, and, finally, Mr. Duffy satisfied him that no offence was meant him in the _Nation_, and that the pa.s.sage of which he complained had no reference to him.

The discussion was a long and, to some extent, an angry one. It ended, however, as we thought, amicably. Mr. O'Connell had proposed at the outset two objects, namely, to express a solemn condemnation of the proceedings in Liverpool, and to expel the _Nation_ from the a.s.sociation. The rule of the a.s.sociation was to send to every locality, at the expense of the body, whatever papers the subscribers of a certain sum desired. There were then three other weekly papers in Dublin, The _Register_, the _Freeman_, and the _Old Irelander_. The _Nation_ had a circulation nearly equal to that of all the others. Its expulsion from the a.s.sociation would at once deprive it of all the circulation it had through its agency, thus involving a very serious pecuniary loss to Mr. Duffy.

The two positions were abandoned, and the Committee separated on amicable terms. Another subject of importance was under discussion. This was, what suitable mark of national respect should be offered to Mr.

O'Brien; and it was proposed that the committee should re-a.s.semble on the following day (Sunday), at two o'clock. At the second meeting the disagreeable topics of the former evening were revived and discussed in a more acrimonious spirit and tone. The Committee was differently composed, most of the treasurers connected with the Committee being present, and most of the professional men, who attended on Sat.u.r.day, being absent, Mr. O'Connell saw his advantage, or those under whose guidance he unfortunately was, saw it, and urged him on. He clearly had a majority. But having satisfied himself he could succeed, with a resolution refusing to circulate the _Nation_, he generously conceded the whole matter; and once more the Committee separated on good terms.

It was hoped that, as the concession was entirely voluntary, Mr.

O'Connell would be content. This was a vain hope. On the next day, he referred to the subject in terms of unmitigated animosity; and on Tuesday the resolution of exclusion, in effect, though not formally, pa.s.sed in the absence of most of those who were well known to be opposed to it.

One word of concession would have saved the _Nation_ at this juncture; but that one word would not be written, had the consequence of refusal been the loss of every subscriber it had in the world. It maintained its high position in face of the two despotisms which had combined to crush it. The resolution of the a.s.sociation was not formally recorded, but it remained in readiness to be re-a.s.serted as soon as the trial in the Queen's Bench would be over.

That trial was for the celebrated railroad article, written by John Mitchel. When the article first appeared, Mr. O'Connell came to the _Nation_ office. He seated himself familiarly, and, seeing all its contributors around him, he said: "I came to complain of this article."

He then read through until where certain principles, previously promulgated, were recommended to Repeal wardens as the catechism they should teach. "I do not object," said he, "to your principles; but I object to your coupling them with the duties of Repeal wardens who are the officers of the a.s.sociation." Mr. Duffy promised, at once, to explain the matter, to Mr. O'Connell's satisfaction, in the next number.

He did so accordingly, and no more was said of it until after the prosecution was commenced.

On the 17th of June, Mr. Duffy was placed at the bar, on an information or indictment setting forth the entire of the obnoxious article. The Government was vehement and imperative, and the Bench const.i.tutionally jealous of the law. The prosecution was conducted with malevolent ability, and the court charged, with pious zeal, for the crown. Robert Holmes was counsel for the accused and, in an impa.s.sioned speech, on every word of which was stamped the impress of originality, vigour and beauty, vindicated not the "liberty of the press," but the truth of the startling propositions Mr. Mitchel had propounded.

In the Hall, the speech was regarded as triumphant for the country, but conclusive against Mr. Duffy. It was said that for sake of his client he should confuse, confound and deny. The fact, however, justified the advocate. When Mr. Mitchel first promulgated his principles, they grated strongly on the public ear. Men openly p.r.o.nounced the doctrines pernicious and b.l.o.o.d.y. But the veteran of the bar, speaking in the spirit of the more glorious times he remembered, denounced as a slave and a toward any one who thought them too strong for the occasion on which they were used, and the provocation to which they applied. For a brief moment he awoke in other hearts the spirit that lived in his own.