C^ Of ^^ ^-^ o, « »-^^ v^\>-»/%;°'^%^^.^-«.:%'° % ^ " .nG^ i#/>u*^ -%. .c^ .'^va", -^^^ ..^t- .v^^a'- -^^^ . THE SPEECHES OF CHARLES PHILLIPS, ESQ. V \ DELIVERED AT THE BAR, AND ON VARIOUS PUBLIC OCCASIONS, IN IRELAND AND ENGLAND. EDITED BY HIMSELF. TO WHICH IS ADDED, A LATE SPEECH, PUBLISHED IN NO OTHER EDITION, TOGETHER WITH A LETTER TO GEORGE IV. AND AN APPENDIX, CONTAINING AN ACCOUNT OP THE LAST MO- MENTS AND SPEECH OP ROBERT EMMETT. ROCHESTER, N. Y. PRINTED AND PUBLISHED BY E. PECK & CO. 1825. 5v 6 V 2^ THE FOLLOWING SPEECHES ARE; BY PERMISSION, DEDICATED TO WITH THE MOST SINCERE RESPECT AND AFFECTION OP THEIR AUTHOR* CONTENTS. Pace Preface, - 7 Speech delivered at a public dinner given to Mr. Finlay, by the Roman Catholics of the town and county of Sligo, - - - - 17 Speech delivered at an aggregate meeting of the Roman Catholics of Cork, - - - - 3T Speech delivered at a dinner given on Dinas Isl- and, in the Lakeof Killarney, on INlr. Phillip's health being given, together with that of Mr. Payne, a young American, - - - 45 Speech delivered at an aggregate meeting of the Roman Catholics of the county and city of Dublin, ' 51 Petition referred to in the preceding speech, drawn by Mr. Phillips, at the request of the Roman Catholics of Ireland, - - - 71 The address to H. R. H. the Princess of Wales, drawn by Mr. Phillips, at the request of the Ro- man Catholics of Ireland, - - - 7^ Speech delivered by Mr. Phillips, at a public din- ner given to him by the friends of civil and re- ligi)us liberty in Liverpool, - - - 77' Speech in the case of Guthrie v. Sterne, deliver- ed in the court of common pleas, Dublin, Sf A2 \1. COXTEXTi. Speech in tlic case of O'Mullan v. ^M^Korkill, de- livered in the county court house, Galway, Hi Speech in the case of Connaghton v. Dillon, de- livered in the county court house of Roscom- mon, ------- 133 Speech in the case of Creighton v, Townsend, delivered in the court of common pleas, Dub- lin, . - 147 Speech in the case of Blake r.Wilkins, delivered in the county court house, Galway, - l6l A character of Napoleon Buonaparte, down to the period of his exile to Elba, - - 179 Speech in the case of Browne v. Blake, for crim. con. delivered in Dublin, July 9, 1817, 185 Speech in the case of Fitzgerald v. Kerr, 205 Speech at the SligD county meeting, - 225 Speech in the case of Sharpe v. Vialls, delivered in the court of king's bench, London, - 233 Speech delivered at the annual meeting of the British and Foreign Auxiliary Bible Society, London, ------ 245 Speech delivered at Cheltenham, (Eng.) on the 7th October, IS t9j at the fourth anniversary of the Gloucester Missionary Society, - 253 Letter to the King, 259 Appendix, - - - - - - 277 / 1- PREFACE: BY JOHN FINLAY, ESQ. The Speeches of Phillips are now, for the first time, ofl'eted to the uorld in an authentic form. So far as his exertions have been hitherto developed, his admirers, and they are innumera- ble, must admit, that the text of this volume is anacknowfedsred reference, to which future criticism may fairly resort, and from which his friends must deduce any titl«» which the s|)eakermay bare created to the character of an orator. The interests of his reputation impose no necessity of denying many of those im{)erfections which have been imputed to these productions. The value of all human exertion is comparative ; and positive excellence is bat a flat(ering designation, even of the best products of industry and mind There is, perhaps, but one way by which we coufd avoid all possible defects, and tliat is, by avoiding all possible exertion. The very fastidious, and the very uncharitable, may too often be met with, in the class of the indolent ; and the man of talent is generally most liberal in his censure, whose industry has given him least title to praise. Thus defects and detraction are as the spots and shadow which of necessity adhere and attach to every object of honourable toil. Were it possible for the friends of Mr. Phillips to select those defects which could till up the mea- sure of-unavoidable imperfection, and at the same time indict least injury on his reputation, doubtless they would prefer the blemishes and errors natural to youth consonarst to genius, and consistent with an obvious and ready correction. To this des' cription, we apprehend, may be reduced all the errors that have keen imputed through a system of wide-spread'mg and ufiweari- ed criticism, animated by that envy with which indolence too i>ft regards the success of industry and talent, and subsidized by power in its struggle to repress the reputation and importance o^ a rapidly rising young man, whom it had such gocxl reason botfc \ i \n\. PREFACE. to bate and f^ar. For it would be ignorance not to know, and knowing, il Would be atreclation to conceal, lliat his political prin- ciples were a drawback ut could not con- sume ;"' and doublles-, this hostility may have promoted this fact, that the materials of this volume arc at tliis moment rtad in ail Ihe languages of tlurojie ; and whatever be the proportion of ihen' merits to tijeir faults, they are uidikely to escape the ulten- lion of posterity. The independent reader, whom this book may introduce to a ■»irst or mi)ie correct accjuaintance with his eloquence, will there- fore be disposed to protect bis mind a^iainst these illiberal prc- jiusse3sior>s liius actively dittused, on t-.ie double consicleralion that some delects are essential to such and so much labour, and that some detraction ri)ay justly be accounted for by the mo- tives of tlie system whose vices he expuf;cd. The same reader, if he had not tlie opjtortunily of hearingthese speeches deliver- ed by the author, will make in his favour another deduction tor a dilferenl reason. The great father of ancient eloquence was accuvtomed to say, that action was the fir^t, and second, and last quality of an ora- tor Tills was the dictum of a supreme anlhoriiy ; ii was an ex- aggeration notwithstanding ; but the observation must contain ujui li truth to permit such exaggeration ; and w hilst we allow that delivery is nui every thing, it will be allow ed that it is much of (he effect of oratory. Nature has been bountiful to the subject of these remarks in Iht' ustlul accident of a prcjiosscssirig exterior; an interesting figure an animated connteiirince, and a demeanour devoid of aliMlTtion, and distinguished by a modest self-possession, give him tile favourable opinion <bishops, and received (rq?'o ^ratoque animo by the people of Ireland ! ! Oh, thou sublimely ridiculous Quarantotti ! Oh, thou superlati\ e coxcomb of the conclave ! what an estii^iate hast thou formed of the MIND of Ireland ! Yet why should J blame this wretch- ed scribe oi" the Propaganda ! lie had every right to speculate as he did ; all the chances of the calculation were in his favour. Uncommon must be the people, over whom centuries of oppression have revolved in vain ! Strange must be the mind, which is not subdu- ed bysulFering! Sublime the spirit, which is not de- based by servitude ! God, I give thee thanks ! — he knew not Ireland. Bent — broken — manacled as she has been, she will not bow to the mandate of an Italian slave, transmitted through an English vicar. For my own part, as an Irish Protestant, I trample to the earth this audacious and desperate experiment of authority; and for you, as Catholics, the time is come to give that calumny the lie, which represen.ts you as subservient to a foreign inliuence. That inllucncc, indeed, seems not quite so unbending as it suited the purjioses of bigotry to represent it, and appears now not to have conceded more, only because more was not demand- ed. The theology of the question is not for me to argue, it camiot be in better hands than in those of your bishops ; and I can have no doubt that w hen they bring their rank, their learning, their talents, their piety, and their patriotism to this sublime deliberation, they will consult the dignity of that venerable fabric •which has stood for ages, splendid and iinmutable ; Avbifch time could not crumble, ner persecutions shake. AT SLIGO. 21 uor revolutions change ; which has stood amongst us, like some stupendous and majestic Appenine, the earth rocking at its feet, and the heavens roaring round its head, firmly balanced on the base of its eter- nity ; the relic of what was ; the solemn and sublime memento of v/hat must be ! Is this my opinion as a professed member of the church of England ? Undoubtedly it is. As an Irish- man, I feel my liberties interwoven, and the best af- fections of my heart as it were enfihred with those of my Catholic countrymen ; and as a Protestant, con- vinced of the purity of my own faith, would I de- base it by postponing the powers of reason to the sus- picious instrumentality of this world's conversion? No ; surrendering as I do, with a proud contempt, all the degrading advantages with which an ecclesiastical usurpation would invest me ; so I will not interfere with a blasphemous intrusion between any man and liis Maker. I hold it a criminal and accursed sacrilege, to rob even a beggar of a single motive for his devo- tion ; and I hold it an equal insult to my own faith, to offer me any boon for its profession. This pretended emancipation-bill passing into a law, would, in my mind, sti-ike not a blow at this sect or that sect, but at the very vitality of Christianity itself. I am thoroughly convinced that the anti-christian connexion between church and state, Avhich it was suited to increase, has done more mischief to the Gospel interests, than all the ravings of infidelity since the crucifixion. The sublime Creator of our blessed creed never meant it to be the channel of a courtly influence, or the source of a corrupt ascendency. He sent it amongst us to heal, not to irritate ; to associate, not to seclude ; to collect together, like the baptismal dove, every creed and clime and colour in the universe, beneath the spotless wing of its protection. The union of church and state only converts good Christians into bad statesmen, and political knaves into pretended Christians, It is at B2 29 SPEECH best hut a foul and adulterous connexion, polluting tiic^ purity of heaveji with the abomination of earth, and lianging the tatters o( a poUtical pieti! upon the cross of an nisulted Saviour. Religion, Holv Religion, ought not, in the words of its Founder, to be " led mto temptation." The hand that holds her chalice should be pure, and the priests of her temple should be spotless as the vestments of their ministry. Rank only degrades, wealth only impoverishes, ornaments but disfigure her. I would have her pure, unpension- ed, unstipendiary ; she should rob the earth of nothing but its sorrows : a divine arch of promise, her extremi- ties should rest on tlie horizon, and her span embrace {he universe ; but her only sustenance should be the tears that were exhaled and embellished by the sun- beam. Such is my idea of what religion ought to be. What would tJiis bill make it ? A mendicant of the castle, a menial at the levee, its manual the red-book, its liturgy the pension list, its gospel the will of the minister ! Methinks I see the stalled and fatted victim of its creation, cringing with a brute suppliancy through the venal mob of ministerial flatterers, crouch- ing to the ephemeral idol of the day, and, like the de- voted sacrifice of ancient heathenism, glorying in the garland that only decorates him for death ! I Avill read to you the opinions of a celebrated Irishman, on the suggestion in his day, of a bill similar to that now proposed for our oppression. He was a man who added to the pride not merely of his country but of bis species — a man who robbed the very soul of inspi- ration in the splendours of a pr.re and overpowering eloquence. I allude to JMr. Burke — an authority at least to which the sticklers for estaljlishments can offer no objection. ''■' Before I had written thus far," says he, in his letter on the penal laws, " 1 heard of a scheme for giving to the Castle the patronage of the presiding meml)ers of the Catholic clergy. At first I '.'ould scarcely credit it. fori believe it is the f'rsl time AT SLIGU. 2.3 that the presentation to other people's aims has been desired in any country. Never were the members of one religious sect fit to appoint the pastors to another. It is a great deal to suppose that the present Castle- would nominate bishops for the Roman church in Ire- land, with a religious regard for its welfare. Perlia}>s they cannotj perhaps they dare not do it. But sup- pose them to be as well inclined, as I know that I am, to do the Catholics all kinds of justice, I declare I would not, if it were in my power, take that patronage on myself. I know I ought not to do it. 1 belong to another community ; and it would be an intolerable usurpation in me, where I conferred no benefit, or even if I did confer temporal advantages. How can the Lord Lieutenant form the least judgment on their merits so as to decide which of the popish priests is fit to be a bishop ? It cannot be. The idea is ridiculous. He will hand them over to Lords-Lieutenant of coun- ties, justices of the peace, and others, who, for the purpose of vexing and turning into derision this mis- erable people, will pick out the worst and most obnox- ious they can find amongst the clergy to govern the rest. Whoever is complained against by his brother, win be considered as persecuted ; whoever is censured by his superior, will be looked upon as oppressed ^ whoever is careless in his opinions, loose in his morals, will be called a liberal man, and will be supposed to have incurred hatred because he was not a bigot. In- formers, tale-bearers, perverse and obstinate men, flat- terers, who turn their back upon their flock, and court the Protestant gentlemen of their country, will be the objects of preferment, and then I run no risk in fore- telling, that whatever order, quiet, and morality you have in the country will be lost.'' Now, let me ask you, is it to such characters as those described by Burke, that you v/ould delegate the influence imputed to your priesthood ? Believe me, you would soon see rhem transferring their devotion from the Cross to 24 SPEECH the Castle ; wearing their sacred vestments but as a masquerade appendage, and, under the degraded passport ol'the Ahnighty's name, sharing the pleasures of the court, and tlie spoils of tlie people. When I say this, I am bound to add, and 1 do so from many proud and pleasing recollections, that I think the impression on the Catholic clergy of the present day would be late, and v^cvuld be delible. But it is human nature. Rare are the instances in which a contact with the court has not been the beginning of corruption. The man of God is peculiarly disconnected with it. It directly violates his special mandate, who look his birth irom the manger, and his disciples from the fish- ing-boat. Judas was the first who received the money of power, and it ended in the disgrace of his treed, and the death of his master. If I was a Catho- lic, I would peculiarly deprecate any interference with my priesthood. Indeed, I do not think, in any one respect in which we should Avish to view the delegates of the Almighty, that, making fair allowances for hu- man infirmity, tliey could be amended. The Catholic clergy of Ireland are rare examples of the doctrines ihey inculcate. Pious in their habits, almost primitive in their manners, they have no care but their fiock — no study but tlieir Gospel. It is not in the gaudy ring of courtly dissipation that you will find the Murrays, the CoRPiNtiERs, and the Moylanus of the present day — not at the levee, or the lounge, or the election- riot. No ; you will find them wherever good is to be done, or evil to be corrected — rearing their mitres in the van of misery, consoling the captive, reforming the convict, enriching the orj)han; ornaments of this world, and emblems of a better : preaclnng their God through the practice of every virtue; monitors at the confessional, apostles in the pulpit, saints at the death- bed, holding the sacred water to the lip of sin, or pouring the redeeming unction on the agonies of de- spair. Ohj 1 would hold him Utile better than the AT SLIGO. 25 Prometlieaii robber, who would turn tlie fire of their eternal altar into the impure and perishable mass of this world's preferment. Better by far theit the days of ancient barbarism should revive — better that your religion sliould again take refuge among the fastnesses of the mountain, and the solitude of the cavern — bet- ter that the rack of a murderous bigotry should again terminate the miseries of your priesthood, and that the gate of freedom should be only open to them through the gate of martyrdom, than they should gild their missals with the wages of a court, and expect their ec- clesiastical promotion, not from their superior piety, but their comparative prostitution. • Cut why this interference with your principles of conscience ? Why is it that they will not erect your liberties save on the ruin of your temples ? Why is it that in the day of peace they demand securities from a people who in the day of danger constituted their strength ? When were they denied every security that was reasonable? Was it in l7T(i, when a cloud of enemies, hovering on our coast, saw every heart a shield, and every hill a fortress ? Did they want securities in Catholic Spain ? Were they denied securities in Catholic Por- tugal ? What is their security to day in Catholic Canada ? Return — return to us our own glorious Wel- lington, and tell incredulous England what v/as her security amid the lines of Torres Vedras, or on the summit of Barrossa ! Rise, libelled martyrs of the Peninsula! — rise from your ^'gory bed,'' and give security for your childless parents ! No, there is not a Catholic family in Ireland, that for the glory of Great Britain is not weeping over a child's, a brother's or a pa- rent's grave, and yet still she clamours for securities I Oh,prejudice,where is thy reason ! Oh, bigotry ! where is thy blush ! If ever there was an opportunity for England to combine gratitude with justice, and dignity with safety, it is the present. Now, when Irish blood lia-s crim'^oned the cross upon her naval flag, and an 2G SPEECH Irish liero strikes the harp to victory upon the summit ol'the Pyrenees. England — England ! do not hesitate. This hour ol' triumph may be but the hour ol" trial ; another season may see the splendid panorama of European vassalage, arrayed by your rutldess enemy, and iilittering beneath the ruins of another capitol — perhaps of London. Who can say it ? A few months (since, iMoscow stood as splendid as secure. Fair rose the morn on the patriarchal city — the empress of her nation, the queen of commerce, the sanctuary of stran- gers, her thousand spires pierced the very heavens, and her domes of gold reflected back the sun-beams. The spoiler came ; he marked her for his victim ; and, as if his very glance was destiny, even before the night- fall, with all her pump, and wealth, and happiness, she withered from the world ! A heap of ashes told where once stood IMoscow ! IMerciful God, if this lord of de- solation, heading his locust legions, were to invade our country ; though I do not ask what would be your .determination ; though, in the language of our young enthusiast, I am sure you would oppose him with " a sword in one hand, and a torch in the other y' still I do ask with fearlessness, upon what single principle of ])olicy or of Justice, could the advocates for your exclusion solicit your assistance — could they expect you to support a constitution from whose benefits you were debarred? With what front could they ask you to recover an ascendency, which in point of fact was but re-establishing your bondage ? It has been said that there is a faction in Ireland ready to join this despot — '" a French party,'' as Mr. CJrattim thought it decent, even in the very senate- house, to promulgate. Sir, I speak the universal voice of Ireland when I say, siie spurns the imputation. There is no '• French party" here, but there is — and It would be strange if there was not — there is an Irish party — \ncn who cannot bear to see their country ♦aimted wUh 4he mockery of a constitution — m'^n whe AT SLfGO. f27 will be content with no connexion that refuses them a community of benefits while it imposes a community of privations — men who, sooner than see this land polluted by the footsteps of a slave, Avould wish the ocean-wave became its sepulchre, and that the orb of heaven forgot where it existed. It has been said too (and when we were to be calumniated, what has not been said ?) that Irishmen are neither fit for freedom or grateful for favours. In the first place, I deny that to be a favour which is a right ; and in the next place, I utterly deny that a system of conciliation has ever been adopted with respect to Ireland. Try them, and, my life on it, they will be foiuid grateful. I think I know my countrymen ; they cannot help being grate- ful for a benefit ; and there is no country on the earth where one would be conferred v/ith more characteris- tic benevolence. They are, emphatically, the school- boys of the heart — a people of sympathy; then' acts spring instinctively from their passions ; ijy nature ar- dent, by instinct brave, by inheritance generous. The children of impulse, they cannot avoid their virtues ; and to be other than noble, they must not only be un- natural but unnational. Put my panegj ric to the test. Enter the hovel of the Irish peasant. I do not say you will find the frugality of the Scotch, the comfort of the English, or the fantastic decorations of the French cottager ; but I do say, within those wretched bazaars of mud and misery, you v/ill find sensibdity the most affecting, politeness the most natural, hos- pitality the most grateful, merit the most unconscious : their look is eloquence, their smile is love, their re- tort is wit, their remark is wisdom — not a v»isdom bor- rowed from the dead, but tliat with which nature has herself inspired them ; an acute observance of the passing scene, and a deep insigl.t into the motives of its agent. Try to deceive them, and see wit]i what shrewdness they will detect; try to outwit them, c\nA >e£ V. ith v.liat humour they will elude ;' attack them 2C S-PEECH with argument, and you will stand amazed at tlic strength of their expression, the rapidity of their ideas, and the energy of their gesture. In short, God seems to have formed our country like our people ; he has thrown round the one its wild, magnificent, deco- rated rudeness ; he has infused into the other the sim- plicity of genius and the seeds of virtue : he says au- dibly to us, '' Give them cultivation.'^ This is tlie way, Gentlemen, in which I have always looked upon your question — not as a party, or a sec- tarian, or a Catholic, but as an Ijiisn question Is it possible that any man can seriously believe the para- lyzing five millions of such a people as I have been describing, can be a benefit to the empire ! Is there any man who deser\ es the name not of a statesman but of a rational being, who can think it politic to rob such a multitude of all the energies of an honourable ambition ! Look to Protestant Ireland, shooting over the empire those rays of genius, and those thunder- bolts of war, that have at once embellished and pre- served it. I speak not of a former era. I refer not for my example to the day just past when our Burkes, our Barrys, and our Goldsmiths, exiled by this sys- tem Iroin tlieir native shore, wreathed the " innnortal fG bPEKCH can no longer oppose you from the terrors of invasion. I'lius, tlieji,tiii' pa));»l pliantoni iiiul the FVencli threat liave vanished into notliinpc. — Another ohstacle, the tenets of your (rt-ed. Has Knphnul still to learn them ? I will tell her where. Let her ask Canada, the last plank ol iier American shipwreck. Let her ask Por- tugal, the fnst omen of her Luropean splendour. Let her ask Spain, the )nusi Catiiolu country in the ani- verse, her Catholic friends, her Catholic allies, her rivals in the triumph, her reliance in the retreat, her last stay when the world had deserted her. They must have told her on tlie field of hlood, whether it was true that thi-y " kept no faith with heretics.''^ Alas, alas ! how jniserable a thing is bigotry, when every friend puts it to the blush, and every triumph but relnikes its weakness. If England continued still to accredit this cahnnny, I would direct her for con- viction to the hero for whose gift alone she owes ns an eternity of gratitude ; whom we have seen leading the van of universal emanci})ation, decking his wreath with the flowers of every soil, and filling his army w ith the soldiers of every sect; before whose splendid dawn, every tear exhaling and every vapour vanishing, the colours of the Europeeui world have revived, and the s})irit of Liu'opcan liberty (may no crime avert the omen!) seems to have arisen! Suppose ho was a Catholic, could this have been? Suppose Catholics did not follow him, could this have been ? Did the (Catholic Cortes inquire his faith, wlien they gave him the supreme command? Did the Rejjent of I'ortugal withhold from his creed the reward of his valour ? Did the Catholic soldier pause at Salamanca to dispute upon jiolemics? Did the Catholic cliieftain prove upon HaiTossa that lie kept no faith with herel cs, or did the creed of Spain, tlie same with that of Fr.Mice, the opposite of that oi Lngiand, prevent their associ- ation in the field of liberty ? Oh, no, no, no ! the citi- zen of e>cry dime, the friend of every colour, and the AT CORK. 3'i child of every creed, liberty walks abroad in the ubi- quity of her benevolence ; alike to her the varieties of faith and the vicissitudes of country ; she has no ob- ject but the happiness of man, no bounds but the ex- tremities of creation. Yes, yes, it was reserved for AVeliington to redeem his own country when he was regenerating every other. It was reserved for him to show how vile Avcre the aspersions on your creed, how generous were the glowings of your gratitude. He was a Protestant, yet Catholics trusted him ; he was a Protestant, yet Catholics advanced him ; he is a Prot- estant Knight in Catholic Portugal, he is a Protestant Duke in Catholic Spain, he is a Protestant comman- der of Catholic armies: he is more, he is the living proof of the Catholic's liberality, and the undeniable refutation of the Protestant's injustice. Gentlemen, as a Protestant, though I may blush for the bigotry of many of my creed who continue obstinate in the teeth of this conviction, still v>'ere I a Catholic I should feel little triumph in the victory. I should only hang my head at the distresses v/hich this warfare occasioned to my countr)^ I should only think how long she had writhed in the agony of her disunion ; how long she had bent, fettered by slaves, cajoled by blockheads, and plundered by adventurers; the proverb of the fool, the prey of the politician, the dupe of the design- ing, the experiment of the desperate, struggling as it were between her own fanatical and infatuated par- ties, those hell-engendered serpents which enfold her, like the Trojan seer, even at the worship of her altars, and crush her to death in the very embraces of her children ! It is time (is it not ?) that she should be ex- tricated. The act would be proud, the means woukl be Christian ; mutual forbearance, mutual indulgence, lUHtual concession : I would say to the Protestant, Concede; 1 would say to the Catholic, Forgive; I would say to both. Though you bend not at the same shrine, vou have a common God, and a common 33 SPEECH country; the one has commanded love, the other kneels to you lor peace. This hostility of her sects iias been the disgrace, tlie pecuhar disgrace of Chris- tianity. The Gentoo loves his cast, so does the Ma- hometan, so does the Hindoo, whom England out of the abundance of her charity is about to teach her creed ; — 1 hope she may not teach her practice. But Christianity, Christianity alone exJiibits her tliousand sects, each denouncing his neighbour here, in the name of God, and damning hereafter out of pure devotion f •' You're a heretic,'^ says the Catholic : " You're a Papist," says the Protestant; " I appeal to Saint Pe- ter," exclaims the Catholic : " I appeal to Saint Athanasius," cries the Protestant : " and if it goes to danniing, he's as good at it as any saint in the calen- dar." " You'll all be damned eternally," moans out the Methodist; "I'm the elect!" Thus it is, you see, each has his anathema, his accusation, and his re- tort, and in the end Religion is the victim ! The victo- ry of eacii is the overthrow of all; and Infidelity, laughing at the contest, writes the refutation of their creed in the blood of the combatants ! I wonder if this rellection has ever struck any of those reverend dig- nitaries who rear their mitres agamst Catholic eman- cipation. Mas it ever glanced across their Christian /.eal, if the story of our country should have casually reached the valleys of Ilindostan, with what an argu- ment they are furnisJiing the heathen world aeainst their sacred missionary ? In what terms could the Christian ecclesiastic answer the Eastern Bramin, when he replied to his exhortations in language such as this ? " Father, we have heard your doctrine : it is splendid in theory, specious in promise, sublime in prospect ; like the world to which it leads, it is rich in the miracles of light. But, Father, we have heard that there are times when its rays vanish and leave your sphere in darkness, or when your only lustre arises irom meteors of lire, and moons of blood ; vi** AT CORK. S9 have heard of the verdant island which the Great Spirit has raised in the bosom of the w aters with such a bloom of beauty, that the very wave she has usurped^ worships the loveliness of her intrusion. The sove- reign of our forests is not more generous in his anger than her sons; the snow-flake, ere it falls on the mountain, is not purer than her daughters ; little in- land seas reflect the splendours of her landscape, and her valleys smile at the story of the serpent ! Father, is it true that this isle of the sun, this people of the morning, find the fury of the ocean in your creed, and more than the venom of the viper in your policy ? Is it true that for six hundred years, her peasant has not tasted peace, nor her piety rested from persecution ? Oh ! Brama, defend us from the God of the Chris- tian ! Father, father, return to your brethren, retrace the waters ; we may live in ignorance, but we live in love, and we will not taste the tree that gives us evil when it gives us wisdom. The heart is our guide, nature is our gospel ; in the imitation of our fatiiers we found our hope, and, if we err, on the virtue of our motives we rely for our redemption." How would the missionaries of the mitre answer him ? How will they answer that insulted Being of whose creed their c in- duct carries the refutation ? — But to what end do I argue with the Bigot ? — a wretch, whom no philoso- phy can humanize, no charity soften, no religion re- claim ; no miracle convert ; a monster, who, red with the fires of hell, and bending under the crimes of earth, erects his murderous divinity upon a throne of sculls, and would gladly feed even with a brother's blood the cannibal appetite of his rejected altar ! His very interest cannot soften him into humanity. Sure- ly, if it could, no man would be found mad enough to advocate a system which cankers the very heart of society, and undermines the natural resources of gov- ernment ; which takes away the strongest excitement to industry, by closing up every avenue to laudable 40 SPEECH anibiiioii ; wliicli administers to the vanity or the vice ol" a party, when it should only study the advantage of a people; and lioUls out the penpiisites oi' state as an im})ious bounty on the persecution of reliction. — I have aheady sliown that the power of the Po])e, that the power of France, and tliat the tenets of your creed, were but iinajrinary auxiliaries to this system. An- other pretended obstacle has, however, been o})posed to your emancipation. 1 allude to the danger arising from a foreign influence. What a triumphant answer can you give to that ! iMethinks, as lately, I see the assemblage of your hallowed hierarchy surrounded by the priesthood, and followed by the peoi)le, waving aloft the cruciiix of Christ alike against tlie seductions of the court, and the commands of the conclave ! Was it not a delightful, a heart-cheering spectacle, to see that holy band of brothers preferring the chance of martyrdom to the certainty of promotion, and post- poning all the gratifications of worldly pride, to the severe but heaven-gaining glories of their poverty? They acted lionestly, and they acted wisely also ; for I say here, before the largest assembly I ever saw in any country — and 1 believe you are almost all Catho- lics — I say here, that if the see of Rome presu)ned to impose any temporal mandate directly or indirectly on the Irish people, the Irish bishops should at once abandon it, or the flocks, one and all, would abjure and banish both of them together. History alfords us too fatal an example of tlie perfidioiis, arrogant, and venal interference of a papal usurper of former days in the temporal jurisdiction of this country ; an interference assumed without right, exercised without principle, and followed by calamities apparently with- out end. Thus, then, has every obstacle vanished ; but it has done more — every obstacle has, as it were, by miracle, produced a powerful argument in your fa- vour ! How do 1 prove it.'' Follow me in my proofs, and you will sec by what links the chain is uirited. JPi' CUliK. 41 Viie power of Napoleon was the grand and leading obstacle to your emancipation. That power led him to the menace of an Irish invasion. What did that prove ? Only the sincerity of Irish allegiance. On the very threat, we poured forth our volunteers, our yeo- men, and oup militia ; and the country became encir- cled with an armed and a loyal population. Thws, then, the calumny of your disaffection vanished. That power next led him to the invasion of Portugal. What did it prove ? Only the good faith of Catholic allegi- ance. Every field in the Peninsula saw the Catholic Portuguese hail the English Protestant as a brother and a i'riend, joined in the same pride and the same peril. Thus, then, vanished the slander that yoti could not keep faith with heretics. That power next led him to the imprisonment of the Pontiff, so long suspected of being quite ready to sacrifice every thing to his interest and his dominion. What did that prove ? The strength of his principles, the purity of his faith, the disinterestedness of his practice. It proved a life spent in the study of the saints, and ready to be closed by an imitation of the martyrs. Thus, also, was the head of your religion vindicated to Eu- rope. There remained behind but one impediment —your liability to a foreign influence. Now mark ! The Pontiff's captivity led to the transmission of Quarantotti's rescript ; and, on its arrival, from the priest to the peasant, there was not a Catholic in the land, who did not spurn the document of Italian auda- city ! Thus, then, vanished also the phantom of a foreign influence ! Is this conviction ? Is it not the hand of God in it ? Oh yes ! lor observe what follow- ed. The very moment that power, which was the first and last leading argument against you, had, by its special operation, banished every obstacle ; that pow- er itself, as it were by enchantment, evaporated at once ; and peace with Europe took away the last pre^ tcnce for your exclusion. Peace v/ith Europe ! alas. D 42 SPEECH^ alas, thet*e is no peace for Ireland : the universal paci- fication was but the signal for renewed hostility to us, and the mockery of its preliminaries were tolled through our provinces by the knell of the curfew. I ask, is it not time that this hostility should cease ? If ever there was a day when it was necessary, that day undoubtedly exists no longer. The continent is tri- umphant, the Peninsula is free, France is our ally. The hapless house which gave birth to Jacobinism is extinct for ever. The Pope has been found not only not hostile, but complying. Indeed, if England would recollect the share you had in these sublime events, the very recollection should imhsidize her into grati- tude. But should she not — should she, with a base- ness monstrous and unparalleled, forget our services, she has still to study a tremendous lesson. The an- cient order of Europe, it is true, is restored, but what restored it ? Coalition after coalition had crumbled away before the might of the conqueror ; crowns were but ephemeral; monarchs only the tenants of an hour; the descendants of Frederick dwindled into a vassal ; the heir of Peter shrunk into the recesses of his frozen desert ; the successor of Charles roamed a vag- abond, not only throneless but houseless ; every even- ing sun set upon a change ; every morning dawned upon some new convulsion : in short, the whole politi- cal globe quivered as with an eartliquake, and who could tell what venerable monument was next to shiver beneath the splendid, frightiul, and rei)oseless heav- ings of the French volcano ! What gave Europe peace and J'^ngland safety amid this palsy of her Princes ? Was it not the Landwehr and the Landsturm and the Levy en Masse ? Was it not the People r — that first and last, and best and noblest, as well as safest secu- rity of a virtuous government, it is a glorious lesson : she ought to study it in this hour of safety ; but should !?he not — "Oh wo be to the Prince who rules hy feai, "When danger comes upon liim !" AT CORK. 43 She will adopt it. I hope it from her wisdom ; I ex- pect it from her policy ; I claim it from her justice ; I demand it from her gratitude. She must at length see that there is a gross mistake in the management of Ireland. No wise man ever yet imagined injustice to he his interest ; and the minister who thinks he serves a state by upholding the most irritating and the most impious of all monopolies, will one day or other fmd himself miserably mistaken. This system of persecution is not the v/ay to govern this country ; at least to govern it with any happiness to itself, or ad- vantage to its rulers. Centuries have proved its total inelliciency, and if it be continued for centuries, the proofs will be but multiplied. Why, however, should I blame the English people, when I see our own representatives so shamefully negligent of our inter- est ? The other day, for instance, when Mr. Peele in- troduced, aye, and passed too, his three newW invent- ed penal bills, to the necessity of which, every assizes in Ireland, and as honest a judge as ever dignified or redeemed the ermine, has given the refutation ; why was it that no Irish member rose in his place to vindi- cate his country ? Where were the nominal repre- sentatives of Ireland ? Where were the renegade re- vilers of tlie demagogue ? Where were the noisy pro- claimers of the board ? What, was there not one voice to own the country ? Was the patriot of 1782 an as- senting auditor ? Were our hundred itinerants mute and motionless — " quite chop-fallen :" or is it only when Ireland is slandered and her motives misrepre- sented, and her oppressions are basely and falsely de- nied, that their venal throats are ready to echo the chorus of ministerial calumny ? Oh, I should not have to ask those questions, if in the late contest for this city, you had prevailed, and sent Hutchinson into Parliament : he would have risen, though alone, as I iiave often seen him — richer not less in hereditary fame, than in personal accomplisliments ; the orrta- U SPEECH inent of Ireland as she is, ihe solitary remnant of what she was. If slander dare asperse her, it would not have done so with impunity. He would have en- couraged the timid ; he would have shamed the rec- reant ; and though he could not save us from chains, he would at least liave shielded us from calumny. Let me hope that his ahscnce shall he but of short dura- lion, and that this city will earn an additional claim to the gratitude of the country, by electing him her re- presentative. I scarcely know him but as a public man, and considering the state to which we are redu- ced, by the apostacy of some, and the ingratitude of others, and venality of more, — I say you sh(;uld in- seribe the conduct of such a man in the manuals of your devotion, and in the primers of your children, but above all, you should act on it yourselves. Let me intreat of you, above all things, to sacrifice any personal difierences amongst yourselves, for the great cause in which you are embarked. Remember, the contest is for your children, your country, and your God ; and remember also, that the day of Irish union will be the natal day of Irish liberty. Wlien your own Parliament (which I trust in Heaven we may yet see again) voted you the right of franchise, and the right of purchase, it gave you, if you are not false to Yourselves, a certainty of your emancipation. IMy friends, farewell ! This has been a most unexpected meeting to me ; it has been our first — it may be our last. J can never forget the enthusiasm of this recep- tion. I am too mucli affected by it to make profes- sions ; but believe me, no matter where I may be driven by the whim of my destiny, you shall find me one, in whom change of place shall create no change of principle ; one whose memory must perish ere he forgets his country; whose heart must be cold whert '♦ beats not for her happiness. A SPEECH DELIVERED AT A DINNER, GFVEN 05 DIJV^S ISL^JVD, IN THE LAKE OF KILLARNEY, ON MR. PHILLIPS* HEALTH BEING GIVEN, TOGETHER WITH THAT OF MR. PAYNE, A YOUNG AMERICAN. It is not with the vain hope of returning by words the kindnesses which have been literally showered on me during the short period of our acquaintance, that I now interrupt, for a moment, the flow of your festivi- ty. Indeed, it is not necessary ; an Irishman needs no requital lor his hospitality ; its generous impulse is the instinct of his nature, and the v^ry consciousness of the act carries its recompense along with it. But, Sir, there are sensations excited by an allusion in your toast, under the influence of which silence would be impossible. To be associated with Mr. Payne must be, to any one who regards private virtues and per- sonal accomplishments, a source of peculiar pride 5 and that feeling is not a little enhanced in me by a recollection of the country to which we are indebted for his qualifications. Indeed, the mention of Ameri- ca has never failed to fill me with the most lively emotions. In my earliest infancy, that tender season when impressions, at once the most permanent and the most powerful^ are likely to be excited, the story of D 2 46 SPEECH her then recent struggle raised a throb in every heart that loved Hberty, and wrung a rehictant tribute even from discomfited oppression. I saw her spurning ahke the hixuries tliat would enervate, and the legions that would intimidate 5 dashing from her lips the poisoned cup of" European servitude; and, through all the vicissitudes of her protracted conflict, dis])lay- ing a magnanimity that defied misfortune, and a moderation that gave new giace to victory. It was the fnst vision of my childhood ; it will descend w ith me to the grave. r>ut if, as a man, I venerate the mention of America, what must be my feelings towards her as an Irishman. Never, Oh never while memory remains, can Ireland forget the home of her emigrant, and the asylum of her exile. No matter whether their sonows sprung from the errors of enthusiasm, or the realitiesof suffering, from fancy or iniliction ; that must be reserved for the scrutiny of those whom the lapse of time shall acquit of partialit}-. It is for the men of other ages to investigate and record it; but surely it is for the men of every age to hail the hospi- tality that received the shelterless, and love the feel- ing that befriended the unfortunate. Search creation round, where can you find a country that presents so sublime a view, so interesting an anticipation ? What noble institutions ! What a comprehensive policy ! W^hat a wise equalization of every political advan- tage ! The oppressed of all countries, the martyrs of every creed, the innocent victim of despotic arrogance or superstitious phrensy, may there find refuge ; his industry encouraged, his piety respected, his ambition animated ; with no restraint but those laws which are the same to all, and no distinction but that which his merit may originate. Who can deny that the exist- ence of such a country presents a subject for human congratulation ! Who can deny, that its gigantic ad- vancement offers a field for the most rational conjec- ture ! At the end of the very next century, if !^l)e pro- AT DINAS ISLAND. 4*7 ceeds as she seems to promise, what a wondrous spec- tacle may slie not exhibit ! Who shall say for what purpose a mysterious Providence may not have de- signed her ! Who shall say that when, in its follies or its crimes i the old world may have interred all the pride of its power, and all the pomp of its civilization, human nature may not find its destined renovation in the new ! For myself, I have no doubt of it. I iiave not the least doubt that when our temples and our trophies shall have mouldered into dust — when the glories of our name shall be but the legend of tradi- tion, and the light of our achievements only live in song ; philosophy will rise again in the sky of Iier Franklin, and glory rekindle at the urn of her Wash- ington. Is this the vision of romantic fancy ? Is it even improbable ? Is it half so improbable as the events whicli for the last twenty years have rolled like successive tides over the sui'face of the European world, each erasing the impressions that preceded it ? Thousands upon thousands, Sir, I know there are, who will consider this supposition as wild and whimsical; fcut they have dwelt with little reflection upon the re- cords of the past. They have but ill observed the never-ceasing progress of national rise and national ruin. They form thgir judgments on the deceitful stability of the present hour, never considering the in- }mmei-able monarchies and republics, in former days, apparently as permanent, their very existence becomes now the subject of speculation, I had almost said of scepticism. I appeal to History ! Tell me, thou reverend chronicler of the grave, can ail the illusions of ambition realized, can all the wealth of a universal commerce, can all tlie achievements of successful iieroism, or all the establishments of this world's wis- dom, secure to empire the permanency of its posses- sions ? Alas, Troy thought so once ; yet the land of Priam lives only in song ! Thebes thought so onccj. yet her hundred gates have crumbled, and her ver3t 48 SPEECH iombs are but as the dust they were vainly intended tu commemorate ! So thought Pahnyra — where is she? So thought Peisepolis, and now — ** Yon waste, where roaming lions howJ, Yon aisle, where moans the grey eyed owl, Shows tlie proud Persian's great abode, AVhere sccplred once, an earlhly god, His |iower-cIacl arm controlled each happier clime, Where sports the warbling muse, and faucv soars sublime/' So tliought the comitries of Demosthenes and the Spartan, yet Leonidas is trampled by the timid slave, and Athens insulted by the servile, mindless, and enervate Ottoman ! In his hurried march, Time has but looked at their iinagined immortality, and all its vanities, from the palace to the tomb, have, with their ruins, erased the very impression of his footsteps ! The days of their glory are as if they had never been ; and the island that was then a speck, rude and neg- lected in the barren ocean, now rivals the ubiquity of tlieir commerce, the glory of their arms, the fame of their philosophy, the eloquence of tlieir senate, and the inspiration of their bards ! Who shall say, then, contemplating the past, that England, proud and po- tent as she appears, may not one day be what Athens is, and tlie young America yet soar to be what Athens was ! Who shall say, when the European column shall have mouldered, and the night of barbarism obscured its very ruins, that that mighty continent may not emerge from the horizon, to rule for its time sove- reign of the ascendant ! Such, sir, is the natural progress of human op- erations, and such the unsubstantial mockery of hu- man pride. Kut I should, perhaps, apologize for this digression. The tombs are at best a sad although an instructive subject. At all events, they are ill suited to such an hour as this. I shall endeavour to atone for itj by turning to a theme v.hich tombs cannot in- AT DINAS ISLAND. 49 ifrn or revolution alter. It is the custom of your board, and a noble one it is, to deck the cup of the gay with the garland of the great; and surely, even in the eyes of its deity, his grape is not the less lovely when glow- ing beneath the foliage of the palm-ti'ee and the myr- tle. Allow me to add one flower to the chaplet, which, though it sprang in America, is no exotic. Virtue planted it, and it is naturalized every where. I see you anticipate me — I see you concur v/ith me, that it matters very little what immediate spot may be the birth-place of such a man as Washington. No peo- ple can claim, no country can appropriate him ; the boon of Providence to the human race, his fame is eternity, and his residence creation. Though it ^vas the defeat of our arms, and the disgrace of our poli- cy, I almost bless the convulsion in which he had his origin. If the heavens thundered and the earth rock- ed, yet, when the storm passed, how pure was the cli- mate that it cleared ; how bright in the brow of the firmament was the planet which it revealed to us ! In the production of Washington, it does really appear as if nature was endeavouring to improve upon her- self, and that all the virtues of the ancient world w ere but so many studies preparatory to the patriot of the new. Individual instances no doubt there were ; splen- did exemplifications of some single qualification ; Cx- sar was merciful, Scipio was continent, Hannibal was patient ; but it was reserved for Washington to blend them all in one, and like the lovely chef (Pceuvre of the Grecian artist, to exhibit in one glow of associated beauty, the pride of every model, and the perfection of every master. As a General, he marshalled the peasant into a veteran, and supplied by discipline the absence of experience ; as a statesman, he enlarged the policy of the cabinet into the most comprehensive system of general advantage ; and such was the wis- dom of his views, and the philosophy of his counsels, that to the soldier and the statesman he almost adde4 50 SPEECH the character of the sage ! A conqueror, he was un- tainted with the crime of blood ! a revolutionist, he was free from any stain of treason ; for aggression commenced the contest, and his country called him to the command. — Liberty unsheathed his sword, ne- cessity stained, victory returned it. If he had paused here, history might have doubted what station to as- sign him, whether at the head of her citizens or sol- diers, her lieroes, or her patriots. But the last glo- rious act crowns his career, and banishes all hesitation. Who, like Washington, after having emancipated a hemisphere, resigned its crown and preferred the re- tirement of domestic life to the adoration of a land he might be almost said to have created ! «' How shall we rank tliee upon glory's page, Thou more than soMier and just le«s than sage } AM thou hast been reflects less fame on thee, far less than all thou hast forborne to be !" Such, Sir, is the testimony of one not to be accused of partiality in his estimate of America. Happy, proud America ! the lightnings of heaven yielded to your philosophy ! The temptations of earth could not seduce your patriotism ! I liave the honour, Sir, of proposing to you asa toasf. The immortal memory op George WAsniiNGTON ! A SPEECH DELIVERED AT AN ^GGREG^TE MEETIJVG OP THE ROMAN CATHOLICS OF THE COUNTY AND CITY OF DUBLIN, Having taken, in the discussions on your question^ such humble share as was allotted to my station and capacity, I may be permitted to offer my ardent con- gratulations at the proud pinnacle on which it this day reposes. After having combatted calumnies the most atrocious, sophistries the most plausible, and perils the most appalling, that slander could invent, or inge- nuity devise, or power array against you, I at length behold the assembled rank and wealth and talent of the Catholic body offering to the legislature that ap- peal which cannot be rejected, if tliere be a Power in heaven to redress injury, or a spirit on earth to admin- ister justice. No matter what may be the deprecia- tions of faction or of bigotry ; this earth never pre-» sented a more ennobling spectacle than that of a Christian country suffering for her religion with the patience of a martyr, and suing for her liberties with the expostulations of a philosopher ; reclaiming the bad by her piety ; refuting the bgoted by her prac- tice ; wielding the Apostle's weapons in the patriot's cause, and at length, laden with chains and >^ ith laii- rels, seeking from the coinitryslie hadsavud tlie Con- stitution she had shielded ! Little did I imagine, that in such a state of your cause, we should be called together to counteract the impediments to its success,created not by its enemies, but by those supposed to be its friends. It is a melancholy occasion ; but melancholy as it is, it must be met, and met with the fortitude of men struggling in the sacred cause of liberty. I do not allude to the proclamation of your Board ; of that Board I never was a member, so I can speak impar- tially. It contained much talent, some learning, ma- ny virtues. It was valuable on that account ; but it was doubly valuable as being a vehicle for the indi- vidual sentiments of any Catholic, and for the aggre- gate sentiments of every Catholic. Those who sece- ded from it, do not remember that, individually, they are notliing; that as a body, they are every thing. It is not this wealthy slave, or that titled sycophant, whom the bigots dread, or the parliament respects ! No, it is the body, the numbers,. the rank, the proper- ty, the genius, the perseverance, the education, but, above all, the Union of the Catholics. I am far from defending every measure of the Board — perhaps I condemn some of its measures even more than those w ho have seceded from it ; but is it a reason, if a gen- eral makes one mistake, that his followers are to desert him, especially when the contest is for all that is dear or valuable? No doubt the Board had its errors. Show me the human institution which has not. Let the man, then, who denounces it, prove himself superior to humanity, before he triumphs iii his accusation. I am sorry for its suppression. When I consider the an- imals who are in ollice around us, the act does not sur- prise me ; but I confess, even from them, the manner did, and the time chosen did, most sensibly. I did not expect it on the very hour when the news of uni- versal peace was first promulgated, and on the anni- versary of the only British momu-ch's birth, who ever gave a boon to this distracted country. AT DUBLIN. 53 You will excuse this digression, rendered indeed in some degree necessary. I shall now confine myself exclusively to your resolution, which determines on the inunediate presentation ol your petition, and cen- sures the neglect of any discussion on it by yoiu* advo- cates during the last session of Parliament. You have a right to demand most fully the reasons of any man who dissents from Mr. Grattan. I will give you mine explicitly. But 1 shall first state the reasons which he has given for the postponement of your question. I shall do so out of respect to him, if indeed it can be called respect to quote those sentiments, which on their very mention must excite your ridicule. Mr. Grattan presented your petition, and, on moving that it should lie where so many preceding ones have lain, namely, on tlie table, he declared it to be his intention to move for no discussion. Here, in the first place, I think Mr. Grattan wrong ; he got that petition, if not on the express, at least on the implied condition of having it immediately discussed. There was not a man at the aggregate meeting at which it was adopt- ed, who did not expect a discussion on the very first opportunity. Mr. Grattan, however, was angry at " suggestions." I do not think Mr. Grattan, of all men, had any right to be so angry at receiving that which every English member w£is willing to receive, and was actually receiving from an Eng- lish corn-factor. Mr. Grattan was also angry at our " violence." Neither do I think he had any oc- casion to be so squeamish at what he calls our vio- lence. There was a day, when Mr. Grattan would not have spurned our suggestions, emd there was also a day when he was filty-lold more intemperate than any of his oppressed countrymen, whom he now holds lip to the English people as so unconstitutionally vio- lent. A pretty way forsooth, for your advocate to commence conciliating a foreign auditory in favour of your petition. Mr. Gratta/i, however, has fulfilled his E 54 SPEECH 6wn prophecy, that " an oak of the forest is too old to be transplanted at fifty/' and our fears that an Irish native would soon lose its raciness in an English at- mosphere. " It is not my intention," says he, " to move for a discussion at present." Why ? " Great obstacles have been removed." That's his tirst rea- son. " I am, however," says he, " still ardent." Ar- dent ! Why it strikes me to be a very novel kind of ardour, which toils till it has removed every impedi- mentj and then pauses at the prospect of its victory ! ** And I am of opinion," he continues, '^ that any im- mediate discussion would be the height of precipita- tion : that is, after having removed the impediments, he pauses in his path, declaring he is " ardent ;" and after centuries of suffering, when you press for a dis- cussion, he protests that lie considers you monstrously precipitate ! Now is not that a fair translation ? Why J'eally if we did not know Mr. Grattan, Ave should be almost tempted to think that he was quoting from the ministry. With the exception of one or two plain, downright, sturdy, unblushing bigots, who opposed 5'ou because j'ou were Christians, and declared they did so, this was the cant of every man who afiected liberality. '' Oh, I declare," they say, '* they may not be cannibals, though they are Catholics, and I would be very glad to vote for them, but this is no f?*we." " Oh no," says Braggc Bathurst, ^^ it's no time. What ! in time of war ! why it looks like biill3'ing us !" Very well : next comes the peace, and what say our friends the opposition ? " Oh .' I (leelare peace is no ime, it looks so like persuading us." For my part, serious as the subject is, it aflects me with the \ery same ridicule with which I see I have so unconsciously afiected you. I will tell you a story of Avliich it re- minds me. It is told of the celebrated Charles Fox. Far be it from me, however, to mention that name with levity. As he was a great man, I reverje him; as he was a good man, I love him. lie had as wi^^e *» AT DUBLIN, 55 head as ever paused to deliberate ; he had as sweet a tongue as ever gave the words of wisdom utterance ; and he had a heart so stamped with the immediate impress of the Divinity, that its very errors might be traced to the excess of its benevolence. I had almost forgot the story. Fox was a man of genius — of course he was poor. Poverty is a reproach to no man ; to such a man as Fox, I think it was a pride j for if Ae chose to traffic with his principles ; if Ae chose to gam- ble witii his conscience, how easily might he have been ricii ? I guessed your answer. It would be hard, in- deed, if you did not believe that in England talents might find a purchaser, who have seen in Ireland how easily a blockhead may swindle hnnself into prefer- ment. Juvenal says that the greatest misfortune at' tendant upon poverty is ridicule. Fox found out a greater — debt. The Jews called on him for payment. *' Ah, my dear friends," says Fox, ^^ I admit the prin- ciple ; I owe you money, but what time is this, when I am going w^on business ?^^ Just so our friends ad- mit the principle ; they owe you emancipation, but wars no time. Well, the Jews departed just as you did. They returned to the charge : '■^ What ! (cries Fox,) is this a time^ when I am engaged on an appoint- ment ?" What ! say our friends, is this a time when all the world's at peace ? The Jews departed ; but the end of it was. Fox, with his secretary, Mr. Hare, who was as much in debt as he was, shut themselves up in garrison. The Jews used to surround his habitation at day-light, and poor Fox regularly put his head out of the window, with this question ; " Gentlemen, are you Fo.-c-hunting or ^«7'e-hunting this morning ?'* His pleasantry mitigated the very Jews. "Well, well, Fox, now you have always admitted the principle, but protested against the time — we will give you your own time^ only just fix some final day for our repayment." — "Ah, my dear Moses," replies Fox, "now this is friendly : I will take you at your word j I will fix a 56 SPEECH day, and as it's to be ?x final day, what would you think of the day o^ judgment?^' — " That will be too busy a day with us.'' — " Well, well, in order to accommodate all parties, let us settle the day aftery Thus it is, be- tween the war inexpediency of Bragge Bathurst, and the peace inexpediency of Mr. Grattan, you may ex- pect your emancipation bill pretty much about the time that Fox settled for the payment of his creditors. Mr. Grattan, however, though he scorned to take your suggestions, took the suggestions of your fncwcfe. " I have consulted," says he, " my right honourable friends!'' Oh, ?k[\ friends, all right honourable / Now this it is to trust the interests of a people into the hands of apart;!. You must know, in parliamentary par- lance, these right honourable friends mean a party. There are few men so contemptible, as not to have a party. The minister has his party. The opposition have their party. The saints, for there are Saints in the House of Commons, fuciis a non lucendo, the saints have their party. Every one has his party. I had forgotten — Ireland has no partij. Such are the rea- sons, if reasons they can be called, which Mr. Grattan has given for the postponement of your question ; and I sincerely say, if they had come from any other man, I would not have condescended to have given them an answer. He is, indeed, reported to have said that he had others in reserve, which he did not think it ne- cessary to detail. If those which he reserved were like those which he delivered,! donot dispute the pru- dence of keeping them to himself; but as we have not the gift of propliecy, it is not easy for us to answer them, until he shall deign to give them to his consti- tuents. Having dealt thus freely with the alledged reasons for the postponement, it is quite natural that you should require what my reasons'are for urG;ing the discussion. I shall give them candidly. They are at once so sim- ple and explicit, it is quite impossible that the mean- AT DtBLLV. 57 est capacity amongst you should not comprehend them. I would urge the instant discussion, because discussion has always been of use to you ; because, upon every discussion you have gained converts out of doors; and because, upon every discussion within the doors of parliament, your enemies have diminished, and your friends have increased. Now, is not that a strong rea- son for continuing your discussions ? This maybe as- sertion. Aye, but I will prove it. In order to con- vince you of the argument as referring to the country, I need but point to the state of the public mind now upon the subject, and that which existed in the me- mory of the youngest. I myself remember the black- est and the basest universal denunciations against your creed, and the vilest anathemas against any man who would grant you an iota. AW', every man af- fects to be liberal, and the only question with some is the time of the concessions : with others, the extent of the concessions ; with many, the nature of the se- curities you should affoi'd ; whilst a great multitude, in which I am proud to class myself, think that your emancipation should be immediate, universal, and un- restricted. Such has been the progress of the human mind out of doors, m consequence of the powerful el- oquence, argument, and policy elicited by those dis- cussions which your friends now have,for the first time^ found out to be precipitate. Now let us see what has been the effect produced icithin the doors of Par- liament. For twenty years you were silent, and of course you were neglected. The consequence was most natural. Why should Parliament grant privile- ges to men who did not think those privileges worth the solicitation ? Then rose your agitators, as they are called by those bigots who are trembling at the effect of their arguments on the community, and whoj,. as a matter of course, take every opportunity of ca- lumniating them. Ever since that period your cause has been advancing. Take the numerical proportions 58 SPEECH in the House of Commons on each subsequent discus- sion. In 1806, the first time it was brought forward in the Imperial legislature, and it was then aided by the powerful eloquence of Fox, there was a majority against even taking your claims into consideration, of no less a number than 212. It was an appalling omen. In 1808, however, on the next discussion, that major- ity was diminished to 1 63. In 1810 it decreased to 104. In 1811 it dwindled to64,and at length in 1812, on the motion of Mr. Canning, and it is not a little re- markable that the first successful exertion in your fa- vour was made by an English member, your enemies fled the field, and you had the triumphant majority to support you of 129 •' Now, is this not demonstration? What becomes now of those who say discussion has not been of use to you ? but I need not have resorted to arithmetical calculation. Men become ashamed of combatting with axioms. Truth is omnipotent, and must prevail j it forces its way with the fire and the precision of the moi'mng sun-beam. Vapours may impede the infancy of its progress ; but the very re- sistance that would check only condenses and concen- trates it, until at length it goes forth in the fulness of its meridian, all life and sight and lustre, the minutest objects visible in its refulgence. You lived for centu- ries on the vegetable diet and eloquent silence of this Pythagorean policy ; and the consequence was, when you thought yourselves mightily dignified, and might- ily interesting, the whole world was laughing at your philosophy, and sending its aliens to take possession of your birth-right. I have given you a good reason for urging your discussion, by having shown you that discussion has always gained you proselytes. But is it the time ? says Mr. ^rattan. Yes, Sir, it is the timey peculiarly the time, unless indeed the great question of Irish liberty is to be reserved as a weapon in the harfds of a party to wield against the weakness of the British minister. But why should I delude you by AT DUBLIN. 59 talking about, ^2»ie/ Oh! there will never be a time with Bigotry ! She has no head, and cannot think ; she has no heart, and cannot feel ; when she moves, it is in wrath ; when she pauses, it is amid ruin ; her prayers are curses, her commimion is death, her ven- geance is eternity, her decalogue is written in the blood of her victims ; and if she stoops for a moment from her infernal flight, it is upon some kindred rock, to whet her vulture fang for keener rapine, and re- plume her wing for a more sanguinary desolation ! I appeal from this infernal, grave-stalled fury, I appeal to the good sense, to the policy, to the gratitude of England ; and I make my appeal peculiarly at this moment, when all the illustrious potentates of Europe are assembled together in the British capital, to hold the great festival of universal peace and universal emancipation. Perhaps when France, flushed with success, fired by ambition, and infuriated by enmity j her avowed aim an universal conquest, her means the confederated resources of the Continent, her guide the greatest military genius a nation fertile in prodigies has produced — a man who seemed born to invert what iiad been regular, to defile what had been venerable, to crush what had been established, and to create, as if by a magic impulse, a fairy world, peopled by the paupers he had commanded into kings, and based by the thrones he had crumbled in his caprices — perhaps when such a power, so led, so organized, and so inci- ted, was in its noon of triumph, the timid might trem- ble even at the charge that would save, or the conces- sion that would strengthen. — But now, — her allies faithless, her conquests despoiled, her territory dis- membered, her legions defeated, her leader dethroned, and lier reigning prince our ally by treaty, our debtor by gratitude, and our alienable friend by every solemn obligation of civilized society, — the objection is our strength, and the obstacle our battlement. Perhaps when the Pope was in the power of our enemy, how- OU SPEECH^ ever slendei: the pretext, bigotry might have rested on it. The inference was false as to Ireland, and it was ungenerous as to Rome. The Irish Catholic, firm in his faith, bows to the Pontiff's spiritual supre- macy, but he would spurn the Pontiff's temporal inter- ference. If, with the spirit of an earthly domination, he were to issue to-morrow his despotic mandate, Cath- olic Ireland, with one voice, would answer him: "Sire, we bow with reverence to your spiritual mission : the descendant of Saint Peter, we freely acknowledge you the head of our church, and the organ of our creed : but, Sire, if we have a church, we cannot forget that we also have a country ; and when you attempt tQ convert your mitre into a crown, and your crozier into a sceptre, you degrade the majesty of your high dele- gation, and grossly miscalculate upon our acquies- 4'ence. No foreign power shall regulate the allegi- ance which we owe to our sovereign ; it was the fault of our fathers that one Pope forged our fetters ; it will be our own, if we allow them to be riveted by another." Such Avould be the answer of universal Ireland ; such was her answer to the audacious menial, who dared to dictate her unconditional submission to an act of Par- liament which emancipated by penalties, and redress- ed by insult. But, Sir, it never would have entered into the contemplation of the Pope to have assumed such an authority. His character was a sullicient shield against the imputation, and his policy must have taught him, that, in grasping at the shadow of a tem- poral power, he should but risk the reality of his ec- clesiastical supremacy. Thus was Parliament doubly guarded against a foreign usurpation. The people upon whom it was to act deprecate its authority, and the power to which it was imputed abhors its ambi- tion ; the Pope would not exert it if he could, and the people would not obey it if he did. Just precisely up- on the same foundation rested the aspersions which T/ere cast upon your creed. How did experience jusv AT DUBLIN. 61 iTy them ? Did Lord Wellington find that religious faith made any difference amid the thunder of the bat- tle? Did the Spanish soldier desert his colours because his General believed not in the real presence ? Did the brave Portuguese neglect his orders to negociate about mysteries ? Or what comparison did the hero draw between the policy of England and the piety of Spain, when at one moment he led the heterodox legions to victory, and the very next was obliged to fly from his own native flag, waving defiance on the walls of Bor- gos, where the Irish exile planted and sustained it ? What must he have felt when in a foreign land he was obliged to command brother against brother, to raise the sword of blood, and drown the cries of nature with the artillery of death ? What were the sensations of our hapless exiles, when they recognized the features of their long-lost country ? when they heard the ac- cents of the tongue they loved, or caught the cadence ©f the simple melody which once lulled them to sleep within a mother's arms, and cheered the darling cir- cle they must behold no more ? Alas, how the poor banished heart delights in the memory that song as- sociates ! He heard it in happier days, Avhen the pa- rents he adored, the maid he loved, the friends of his i^ul, and the green fields of his infancy were around him ; when his labours were illumined with the sun- shine of the heart, and his humble hut was a palace — for it was home. His soul is full, his eye suffused, he bends from the battlements to catch the cadence, when his death-shot, sped by a brother's hand, lays him in his grave — the victim of a code calling itself Christian ! Who shall say, heart-rending as it is, this picture is from fancy ? Has it not occurred in Spain ? May it not, at this instant, be acting in America ? Is there any country in the universe in which these brave exiles of a barbarous bigotry are not to be found refu- ting the calumnies that banished, and rewarding the hospitality that received them ? Yet England, ea- o2 SPEECH lightened Eugland, >vIio sees them m every field of the old world and the new, defendmgthe -.arious flags of eveiy faith, supports the injustice of her exclusive constitution, by branding upon them the ungenerous accusation of an exclusive creed ! England, the ally of Catholic Portugal, the ally of Catholic Spain, the ally of Catholic France, the Friend of the Pope ! England, vvlio seated a Catholic bigot in Madrid ! who convoyed a Catholic Braganza to the Brazils ! who en- thmned a Catholic Bourbon in Paris! who guaranteed a Catholic establishment in Canada ! who gave a con- stitution to Catholic Hanover ! England, who searches the globe for Catholic grievances to redress, and Ca- tholic Princes to restore, will not trust the Catholic at home, who spends his blood and treasure in her ser- vice ! ! Is this generous ? Is this consistent? Is it just? Is it even polite ? Is it the act of a wise country to fet- ter the energies of an entire population ? Is it the act ©f a Christian country to do it in the name of God ? Is it politic in a government to degrade part of the body by which it is supported, or pious to make Pro- vidence a party to their degradation ? There are so- cieties in England for discountenancing vice ; there are Christian associations for distributing the Bible ; there are voluntary missions for converting the hea- then : but Ireland, the seat of tlieir government, the stay of their empire, their associate by all the ties of nature and of interest ; how has she benefited by the Gospel of which they boast ? Has the sweet spirit of Christianity appeared on our plains in the character of her precepts, breathing the air and robed in the beauties of the world to which she would lead us ; with no argument but love, no look but peace, no wealth but piety ; her creed comprehensive as the arch of heaven, and her charities bounded but by the circle of creation ? Or, has she been let loose amongst us, in form of fury, and in act of demon, her heart Restored with the fu'es of hell, her hands clotted with AT DUBLIN. 68 the gore of earth, withering aUke in her repose and in her progress, her path apparent by the print of blood, and her pause denoted by the expanse of des- olation ? Gospel of Heaven ! is this thy herald ? God of the universe ! is this thy handmaid ? Christian of the ascendency ! how would you answer the disbeliev- ing infidel, if he asked you, should he estimate the Christian doctrine by the Christian practice; if he dwelt upon those periods when the human victim writhed upon the altar of the peaceful Jesus, and the cross, crimsoned with his blood, became litile better than a stake to the sacrifice of his votaries 5 if he pointed to Ireland, where the word of peace was the war-whoop of destruction ; where the son was bribed against the father, and the plunder of the parent's property was made a bounty on the recantation of the parent's creed; where the march of the human mind '•vas stayed in his name who had inspired it with rea- son, and any effort to liberate a fellow-creature from his intellectual bondage was siu*e to be recompensed by the dungeon or the scaffold ; where ignorance was 30 long a legislative command, and piety a legislative crime ; where religion was placed as a barrier between the sexes, and the intercourse of nature v,as pronoun- ced felony by law ; where God's worship was an act of stealth, and his ministers sought amongst the sava- ges of the v^^oods that sanctuary which a nominal ci- vilization had denied them ; where at this instant con- science is made to blast every hope of genius, and every energy of ambition, and the Catholic who wwild rise to any station of trust, must, in the face of hi? country, deny the faith of his fathers ; where the pre- ferments of earth are only to be obtained by the for- feiture of heaven ? " Unprized are her sons till ihey learn lo betray, L'ndistinguish'd they live if they shame not their sires ; And the torch that would light them to dignity's way, Musi be caught from the pile wkcre their country exi.ires I'" 64 SPEECH How, let rae ask, how Avoiild the Christian zealot droop beneath this catalogue of Christian qualifications? But, thus it is, when sectarians differ on account of myste- ries ; in the heat and acrimony of the causeless con- test, religion, the glory of one world, and the guide of another, drifts from the splendid circle in which she shone, in the comet-maze of uncertainty and error. The code, against which you petition, is a vile com- pound of impiety and impolicy : impiety, because it debases in the name of God ; impolicy, because it dis- qualifies under pretence of government. If we are to argue from the services of Protestant Ireland, to the losses sustained by the bondage of Catholic Ireland, and I do not see why we shoidd not, the state which continues such a system is guilty of little less than a political suicide. It matters little where the Protes- tant Irishman has been employed; whether with Burke wielding the senate with his eloquence, with Castlereagh guiding the cabinet by his counsels, with Barry enriching the arts by his pencil, with Swift adorning literature by his genius, with Goldsmith or with Moore softening the heart by their melody, or with Wellington chaining victory at his car, he may boldly challenge the competition ol' the world. Op- pressed and impoverished as our country is, every muse has cheered, and every art adorned, and every con- quest crowned her. Plundered, she was not poor, for her character enriched ; attainted, she was not titleless, for her services ennobled ; literally outlawed into emi- nence and fettered into fame, the fields of her exile were immortalized by her deeds, and the links of her chain became decorated by her laurels. Is this fancy, or is it fact ? Is there a department in the state in which Irish genius does not possess a predominance ? Is there a conquest which it does not achieve, or a dignity which it does not adorn ? At this instant, is there a country in the world to which England has not deputed an Irishman as her representative ? She has AT DUBLIN. 65 5>ent Lord Moira to India, Sir Gore Ouseley to Ispa- han, Lord Stuart to Vienna, Lord Castlereagh to Con- gress, Sir Henry Wellesley to Madrid, Mr. Canning to Lisbon, Lord Strangford to the Brazils, Lord Clan- carty to Holland, Lord Wellington to Paris — all Irish- men ! Whether it results from accident or from merit, can there be a more cutting sarcasm on the policy of England ! Is it not directly saying to her, ^* here is a country from one-fifth of whose people you depute the agents of your most august delegation, the remaining four-fifths of which by your odious bigotry, you incapacitate from any station of oihce or of trust i'' It is adding all that is weak in impolicy to all that is wicked in ingi-atitude. What is her apolo- gy ? Will she pretend that the Deity imitates her in- justice, and incapacitates the intellect as she has done the creed ? After making Providence a pretence for her code, will she also make it a party to her crime, and arraign the universal spirit of partiality in his dis- pensation ? Is she not content with Him as a Protes- tant God, unless He also consents to become a Catho- lic demon ? But, if the charge were true, if the Irish Catholic were imbruted and debased, Ireland's con- viction would be England's crime, and your answer to the bigot's charge should be the bigot's conduct. What, then ! is this the result of six centuries of your government ? Is this the connexion which you called a benefit to Ireland ? Have your protecting laws so debased them, that the very privilege of reason is worthless in their possession ? Shame ! Oh shame ? to the government where the people are barbarous ? The day is not distant when they made the education of a Catholic a crime, and yet they arraign the Catholic for ignorance ! The day is not distant when they proclaimed the celebration of the CathoUc wor- ship a felony, and yet they proclaim that the Catho- lic 's not moral ! What folly ! Is n to be expected that the people ai*e to emerge in a moment fronx the F &^ inld receive a feeble echo. Our harp has long been unused 76 ADDRESS. to tones of gladness, and our hills but faintly answer the unusual accent. Your heart, however, can appre- ciate the silence inflicted by sufi'ering ; and ours, alas, feels but too acutely, that the commiseiation is sincere which flows from sympathy. Let us hope that, when congratulating virtue in your royal person, on her signal triumph over the per- jured, the profligate, and the corrupt, we may also re- joice in the completion of its consequences. Let us hope that the society of your only child again solaces your dignified retirement ; and that, to the misfortune of being a widowed wife, is not added the pang of being a childless mother ! But if, Madam, our hopes are not fulfilled ; if, in- deed, the cry of an indignant and unanimous people is disregarded, console yourself with the reflection, that, though your exiled daughter may not hear the pre- cepts of virtue from your lips, she may at least study the practice of it in your example. A SPEECH DELIVERED BY MR. PHILLIPS, AT A PUBLIC DINNER GIVEN TO HIM BY THE FRIEJfDS OF CIVIL AND RELIGIOUS LIBERTY IN LIVERPOOL. Believe me, Mr. Chairman, I feel too sensibly the high and unmerited compliment you have paid me, to attempt any other return than the simple expression of my gratitude ; to be just, I must be silent ; but though the tongue is mute, my heart is much more than eloquent. The kindness of friendship, the tes- timony of any class, however humble, carries with it no trifling gratification ; but stranger as I am, to be so distinguished in this great city, whose wealth is its least commendation ; the emporium of commerce, lib- erahty and public spirit; the birth-place of talent; the residence of integrity ; tlie field where freedom seems to have rallied the last allies of her cause, as if with the nuble consciousness that, though patriotism could not wreath the laurel round her brow, genius should at least raise it over her ashes ; to be so distinguished, Sir, and in such a place, does, I confess, inspire me with a vanity which even a sense of my unimportance cannot entirely silence. Indeed, Sir, the ministerial critics of Liverpool were right. I have no claim to this enthusiastic welcome. But I cannot look upon this testimonial so much as a tribute to myself, as an omen to that country with whose fortunes the dearest G 78 bPEECH sympathies of my soul are intertwined. Oli yes, 1 do foresee wliejii she shall hear with what courtesy her most pretensionless advocate has heen treated, how the same wind that wafts her the intelligence, will re- vive that flame within lier, which the blood of ages has not been able to extinguish. It may be a delusive hope, but lam glad to grasp at any phantom that flits across the solitude of that country's desolation. On this subject you can scarcely be ignorant, for you have an Irishman resident amongst you, whom I am proud to call my friend ; whose fiidelity to Ireland no absence can diminish ; who has at once the honesty to be can- did, and the talent to be convincing. I need scarcely say I allude to Mr. Casey. I knew, Sir, the statue was loo striking to require a name upon the pedestal. Alas, Ireland has little now to console her, except the consciousness of having produced such men. — It would be a reasonable adulation in me to deceive you. Six centuries of base misgovernment, of causeless, ruthless, and ungrateful persecution, have now redu- ced that country to a crisis, at which I know not whe- ther the friend of hmnanity has most cause to grieve or rejoice ; because I am not sure that the feeling which prompts the tear at human sufferings, ought not to triumph in that increased infliction which may at ]ength tire them out of endurance. I trust in God a change of system may in time anticipate the results of desperation ; but you may quite depend on it, a period is approaching, wlien, if penalty does not pause in the pursiiit, patience will turn short on the pursuer. Can you wonder at it ? Contemplate Ireland during any given period of England's rule, and what a picture does she exhibit ! Behold her created in all the prodi- gality of nature; with a soil that anticipates the hus- bandman's desire ; with harbours courting the com- merce of the world; with rivers capable of the most effective navigation ; with the ore of every metal strug- gling through her surface ; with a people, brave, gen- AT LIVERPOOL, 79 erous^ and intellectual, literally forcing their way through the disabilities of their own country hito the higiiest stations of every other, and well rewarding the policy that promotes them, by achievements the most heroic, and allegiance without a blemish. How have the successive governments of England demeaned themselves to a nation, oii'ering such an accumulation of moral and political advantages ! See it in the state of Ireland at this instant ; in the universal bankruptcy that overwhelms her ; in the loss of her trade ; in the tinnihilation of her manufactures ; in the deluge of her debt ; in the divisions of her people ; in all the loath- some operations of an odious, monopolizing, hypocri- tical fanaticism on the one hand, wrestlhig w ith the untiring but natural repriseilsof an irritated population on the other ! It required no common ingenuity to re- duce such a country to such a situation. But it has been done ; man has conquered the heneficence of the Deity : his harpy touch has changed the viands to cor- ruption; and that land, which you might have possess- ed in health, and wealth, and vigour, to support you in your hour of need, now writhes in the agonies of death, unable even to lift the shroud with which fam- ine and fatuity try to encumber her convulsion. This is what I see a pensioned press denominates tranquil- lity. Oh, wo to the land threatened with such tran- quillity, solitud'uiem faciunty pacem appellant ; it is not yet the tranquillity of solitude; it is not yet the tranquillity of death ; but if you would know what it is, go forth in the silence of creation, when every wind is hushed, and every echo mute, and all nature seems to listen in dumb and terrified and breathless expecta- tion, go forth in such an hour, and see the terrible tranquillity l)y which you are surrounded ! How could it be otherwise, when for ages upon ages invention has fatigued itself with expedients for irritation ; when, as J have read with horror in the progress of my legal jBtu.dies. the homicide of a "mere Irishman" was con- so SPEECH sidered justifiable ; and when his ignorance was the origin of all his crimes, his education was prohibited by act of Farliament ! — when the people were worm- eaten by the odious vermin which a church and state adultery had spawned ; when a bad heart and brainless head were the fangs by which every foreign adventur- er and domestic traitor fastened upon office ; when the property of the native was but an invitation to plunder, and his non-acquiescence the signal for confiscation ; when religion itself was made the odious pretence for every persecution, and the fires of hell were alternately lighted with the cross, and quenched in the blood of its defenceless followers ! I speak of times that are passed : but can their recollections, can their conse- quences be so readily eradicated ? Why, however, should I refer to periods that are so distant ? Behold at this instant, five millions of her people disqualified. on account of their faitli, and that by a country pro- fessing freedom ! and that under a government calling itself Christian ! You (when I say you,of course I mean not the high-minded people of England, but the men who misgovern us both) seem to have taken out a ro- ving commission in search of grievances abroad, whilst you overlook the calamities at your own door, and of your own infliction. You traverse the ocean to eman- cipate the African ; you cross the line to convert the Hindoo ; you hurl your thunder against the savage Algerine ; but your own brethren at home, who speak the same tongue, acknowledge the same King, and kneel to the same God, cannot get one visit from .our Itinerant humanitij ! Oh, such a system is almost too abominable for a name ; it is a monster of impiety, im- policy, ingi'atitude, and injustice ! The pagan nations of antiquity scarcely acted on such barbarous princi- ples. Look to ancient Rome, with her sword in one hand and her constitution in the other, healing the in- juries of conquest with the embrace of brotherhood, and wisely «©nverting the captive into the citizeiv AT LIVERPOOL. 81 Look to lier c,aeat enemy, the glorious Carthaginian, at the foot of the Alps, ranging his prisoners round him, and by the politic option of captivity or arms, re- cruiting his legions with the very men whom he had literally conquered into gratitude ! They laid their foundations deep in the human heart, and their success was proportionate to their policy. You complain of the violence of the Irish Catholic : can you wonder he is vi- olent ? It is the consequence of your own inflictions—^ "The flesh will quiver where the pincers tear, The blood will follow where the knife is driven." Your friendship has been to him worse than hostility ; he feels its embrace but by the pressure of his fetters f I am only amazed he is not more violent. He fdls your exchequer, he fights your battles, he feeds your clergy from whom he derives no beneJfit, he shares your burdens, he shares your perils, he shares every thing except your privileges — can you loonder he is tnolent ? No matter what his merit, no matter what his claims, no matter what his services ; he sees him- self a nominal subject and a real slave ; and his chil- dren, the heirs, perhaps of his toils, perhaps of his talents, certainly of his disqualifications — can you icon- der he is violent ? He sees every pretended obstacle to his emancipation vanished ; Catholic Europe your ally, the Bourbon on the throne, the Emperor a cap- tive, the Pope a friend, the aspersions on his faith dis- proved by his allegiance to you against, alternately, every Catholic potentate in Christendom, and he feels himself branded with hereditary degradation — can you loondcr, then, that he is violent? He petitioned humbly : his tameness was construed into a proof of apathy. He petitioned boldly ; his remonstrance was considered as an impudent audacity. He petitioned in peace, he was told it was not the time. He petition- ed in war, he was told it was not the time. A strange intervalj a prodigy in politics, a pause between peace G 2 82 SPEECH and war, which appeared to be just made for him^ arose ; I allude to the period between the retreat of Louis and the restoration of Bonaparte ; he petition- ed then, and he was told it was not the time. Oh, shame ! shame ! shame ! I hope he will petition no more to a parliament so equivocating. However, I am not sorry they did so equivocate, because I think they have suggested one common remedy for the grievances of both countries, and that remedy is, a Reform of that Parliament. Without that, I plainly see, there is no hope for Ireland, there is no salvation for England ; they will act towards you as they have done towards us; they will admit your reasoning, they will admire your eloquence, and they will prove their sincerity by a strict perseverance in the impolicy you have exposed, and the profligacy ■you have deprecated. Look to England at this mo- ment. To what a state have they not reduced her ! Over this vast island, for whose wealth the winds of Heaven seemed to blow, covered as she once was with the gorgeous mantle of successful agriculture, all studded over with the gems of art and manufacture, there is now scarce an object but industry in rags, and patience in despair; the merchant without a leger, the fields without a harvest, the shops without a customer, the Exchange deserted, and the Gazette ( rowded, from the most heait-rending comments on that nefarious system, in support of which, peers and contractors, stock-jobbers and sinecurists, in short, the whole trained, collared, pampered, and rapacious pack of ministerial beagles, have been, for half a century, in the most clamorous and discordant uproar ! During all this misery how are the pilots of the state employ- ed ? Why, in feeding the bloated mammoth of sine- cure ! in weighing the farthings of some underling's salary ! in preparing Ireland for a garrison, and Eng- land for a poor-house! in the structure of Chinese v>a!aces ! the decor^tinn of dragoon?, and the erectior^ AT LIVERPOOL. 83 of public buildings ! ! ! Ob, it's easily seen Ave have a saint in the Exchequer ! he has studied Scripture to some purpose ! the famishing people cry out for bread, and the scriptural minister gives them stones ! Such has been the result of the blessed Pitt system, which amid oceans of blood, and eight hundred millions expenditure, has left you, after all your vic- tories, a triumphant dupe, a trophied bankrupt. I have heard before of states ruined by the visitations of Providence, devastated by famine, wasted by fire, overcome by enemies; but never until now did I see a state like England, impoverished by her spoils, and conquered by her successes ! She lias fought the fight of Europe; she has purchased all its coinable blood; she has subsidized all its dependencies in their own cause ; she has conquered by sea, she has conquered by land ; she has got peace, and, of course, or the Pitt apostles would not have made peace, she has got her *' indemnity for the past, and security for the future," and here she is, after all her vanity and all her victo- ries, surrounded by desolation, like one of the pyra- mids of Egypt ; amid the grandeur of the desert, full of magnificence and death, at once a trophy and a tomb ! The heart of any reflecting man must burn within him, when he thinks that the war thus san- guinary in its operations, and confessedly ruinous in its expenditure, was even still more odious in its prin- ciple ! It was a war avowedly undertaken for the pur- pose of fcTi'cing France out of her undoubted right of choosing her own monarch ; a war which uprooted the very foundation of the English constitution ; which libelled the most glorious era in our national annals ; which declared tyranny eternal, and an- nounced to the people, amid the thunder of artillery, that, no matter how aggrieved, their only allowable attitude was that of supplication ; which, when it told the French reformer of 1793, that his defeat was just, told the British reformer of 1088. his triumph was trea-* m SPEECH son, and exliibited to history the terrific farce of a Prince of the House of BrunsAvick, the creature of the Revohition, offering a human hecatomb upon the GRAVE OF James the Second ! ! What else have you done ? You have succeeded indeed in dethroning Na- poleon, and you have dethroned a monarch, who, with all his imputed crimes and vices, shed a splei.dour around ro} alty, too powerful for the feeble vision of legitimacy even to bear. He had many faults ; I do not seek to palliate them. He deserted his principles ; I rejoice that he has suffered. But still let us be generous even in our enmities. How grand was his march! How magnificent his destiny ! Say what we will; Sir, he will be the landmark of our times in the eye of posterity. The goal of other men's speed was his starting-post ; crowns were his play-things, thrones his footstool ; he strode from victory to victory ; his path was '' a plane of continued elevations.*' Surpas- sing the boast of the too confident Roman, lie but stamped upon the earth, and not only armed men, but states and dynasties, and arts and sciences, all that mind could imaghie, or industry produce, started up, the creation of enchantment. He has fallen — as the Jate Mr. Whitebread said, ^\vou made him, and he unmade himself*' — his own ambition was his glorious conqueror. He attempted, with a sublime audacity, to grasp the fires of Hea\en, and his heathen retribu- tion has been the vulture and the rock ! ! I do not ask what you have gained by it, because, in place of gaining any thing, you are infinitely worse than when you commenced the contest ! But what have you done for Europe ? What have you achieved for man ? Have morals been ameliorated ? Has liberty been strengthened ? Has any one improvement in politics or philosophy been produced ? Let us see how. You have restored to Portugal a Prince of whom we know nothing, except that, when his dominions were inva»- ded, his people distracted, his crown ifi dangerj and AT LIVERPOOL. 85 uU that could interest the highest energies of man at issue, he left his cause to be combated by foreign bay- onets, and fled with a dastard precipitation to the shameful security of a distant hemisphere ! You have restored to Spain a wretch of even worse than prover- bial princely ingratitude ; who filled his dungeons, and fed his rack with the heroic remnant that braved war, and famine, and massacre beneath his banners ; who rewarded patriotism with the prison, fidelity with the torture, heroism with the scaffold, and piety with the Inquisition ; whose royalty was published by the sig- nature of death warrants, and whose religion evapora- ted in the embroidering of petticoats for the Blessed Virgin ! You have forced upon France a family to whom misfortune could teach no mercj/, or experience wisdom ; vindictive in prosperity, servile in defeat, ti- mid in the field, vacillating in the cabinet; suspicion amongst themselves, discontent amongst their follow- ers; their memories tenacious but of the punishments they had provoked, their piety active but in subservi- ency to their priesthood, and their power passive but in the subjugation of their people ! Such are the dy- nasties you have conferred on Europe. In the very act, that of enthroning three individuals of the same family, you have committed in politics a capital error; but Providence has countermined the ruin you were preparing ; and whilst the impolicy presents the chance, their impotency precludes the danger of a coalition. As to the rest of Europe, how has it been ameliorated ? What solitary benefit have the "deliverers" conferred ? They have partitioned the states of the feeble to feed the rapacity of the powerful ; and after having alter- nately adored and deserted Napoleon.theyhave wreak- ed their vengeance on the noble, but unfortunate fidel- ity that spurned their example. Do you want proofs ; look to Saxony, look to Genoa, look to Norway, but, above all, look to Poland ! that speaking monuxnent of segal muixier and legitimate robbery— ^ 86 SPEECH Oh ! bloodiest picture in (he book of time-— Sarinatia fell — unwept — without a criuic ! Here was an opportunity to recompense that brave, heroic, generous, martyred, and devoted people ; here was an opportunity to convince Jacobinism that crowns and crimes were not, of course, co-existent, and that the highway rapacity of one generation might be ato- ned by the penitential retribution of another ! Look to Italy ; parcelled out to temporizing Austria — the land of the muse, tlie historian, and the hero ; the ^cene (»f every classic recollection; the sacred fane of antiquity, where the genius of the world weeps and worsiiips, and the spirits of the past start into life at the inspiring pilgrimage of some kindred Roscoe. You do yourselves honour by this noble, this natural enthusiasm. Long may you enjoy the pleasure of possessing, never can you lose the pride of having pro- duced the scholar without pedantry, the patriot with- out reproach, the Christian without superstition, the man without a blemish ! It is a subject I could dwell on with delight for ever. How painful our transition to the disgusting path of the deliverers. Look to Prussia, after fruitless toil and wreathless triumphs, mocked v»'ith the promise of a visionary constitution. Look to France, chained and plundered, weeping ovel' the tomb of her hopes and her heroes. Look to Eng^- land, eaten by the cancer of an incurable debt,exhaust- ed by poor-rates, supporting a civil list of near a mil- lion and a half, annual amount, guarded by a standing army of 149,000 men, misrepresented by a House of Commons, ninety of whose members in places and pensions derive .£200,000 in yearly emoluments from the minister, mocked with a military peace, and girt with the fortifications of a war-establishment! Shades of heroic millions these are thy achievements ! Mon- ster OP Legitimacy, this is thy consummation ! ! i The past is out of power 3 it is high time to provide. AT LIVERPOOL. 87 against the future. Retrenchment and reform are i\ow become not only expedient for our prosperity, but necessary to our very existence. Can any man of sense say that the present system should continue ? What ! when war and peace have alternately thrown every family in the empire into mourning and poverty, shall the fattened tax-gatherer extort the starving ma- nufacturer's last shilling', to swell the unmerited and enormous sinecure of some wealthy pauper ? Shall a borough-mongering faction convert what is misnamed the National Representation into a mere instrument for raising the supplies which are to gorge its own ve- nality ? Shall the mock dignitaries of Whigism and Toryism lead their hungry retainers to contest the profits of an alternate ascendency over the prostrate Interest of a too generous people ? These are ques- tions which I blush to ask, which I shudder to think must be either answered by the Parliament or the people. Let our rulers prudently avert the interroga- tion. We live in times when the slightest remon- strance should command attention, when the minutest speck that merely dots the edge of the political hori- zon, may be the car of the approaching spirit of the storm. Oh ! they are times whose omen no fancied security can avert 5 times of the most awful and por- tentous admonition. Establishments the most solid, thrones the most ancient, coalitions the most power- ful, have crumbled before our eyes ; and the creature of a moment, robed, and crowned, and sceptred, raised his fairy creation on their ruins ! The warning has been given ; may it not have been given in vain ! I feel, Sir, that the magnitude of the topics I have touched, and the imminency of the perils which seem to surround us, have led me far beyond the limits of a convivial meeting. I see I have my apology in your indulgence — but I cannot prevail on myself to trespass farther. Accept, again, gentlemen, my most grateful acknowledgments. Never, never, can I forget this 88 SPEECH day ; in private life it shall be the companion of my solitude; and if, m the caprices of that fortune which will at times degrade the high and dignify the humble. I should hereafter be called to any station of responsi- bility, I think, I may at least fearlessly promise the friends who thus crowd around me, that no act of mine shall ever raise a blush at the recollection of their ear- ly encouragement. 1 hope, however, the benefit of tliis day w.ll not be confined to the humble individual you have so honoured; 1 hope it will cheer on the young aspirants after virtuous fame in both our coun- tries, by proving to them, that however, for the mo- ment, envy, or ignorance, or corruption, may depre- ciate them, there is a reward in store for the man who thinks with integrity and acts with decision. Gentle- men, you will add to the obligations you have already conferred, by delegatmg to me the honour of propo- sing to you the health of a man, whose virtues adorn, and whose talents powerfully advocate our cause : I mean the health of your worthy Chairman, Mr. Shep^ HERD. SPEECH OF MR. PHILLIPS m THE CASE OF GUTHRIE v, STERNE^ DELIVERED IN THE COURT OF COMMON PLEAS y DUBLLY. My Lord and Gentlemen, In this case I am of counsel for the plaintiff, who has deputed me, with the kind concession of my much more efficient colleagues, to detail to you the story of his misfortunes. In the course of a long friendship which has existed between us, originatmg in mutual pursuits, and cemented by our mutual attachments, never, until this instant, did I feel any thing but plear sure in the claims which it created, or the duty which it imposed. In selecting me, however, from this bright array of learning and of eloquence, T cannot help being pained at the kindness of a partiality which forgets its interest in the exercise of its affection, and confides the task of practised wisdom to the uncertain guidance of youth and inexperience. He has thought, perhaps, that truth needed no set phrase of speech ; that mis- fortune should not veil the furrows which its tears had burned ; or hide, under the decorations of an artful drapery, the heart-rent heavings with which its bosom throbbed. He has surely thought that by contrasting go SPEECH IN THE CASE OF mine with the powerful talents selected by his an- tagonist, he was giving you a proof that the appeal he made was to your reason, not to your feelings — to the integrity of your hearts, not the exasperation of your passions. Happily, however, for him, happily for you, happily for the country, happily for the profession, on subjects such as this, the experience of the oldest amongst us is but sleiider; deeds such as this are not indigenous to an Irish soil, or naturahzed beneath an Irish climate. We hear of them, indeed, as we do of the earthquakes that convulse, or the pestilence that infects, less favoured regions ; but the record of the calamity is only read with the generous scepticism of hmocence, or an involuntary thanksgiving to the Providence that has preserved us. No matter how we may have graduated in tlic scale of nations ; no matter with what wreath we may have been adorned, or what blessings we may have been denied ; no mat- ter what may have been our feuds, our foHies, or our misfortmies ; it has at least been universally conceded that our hearths were the home of the domestic vir- tues, and that love, honour, and conjugal fidelity, were the dear and indisputable deities of our house- hold ! around the hre-side of the Irish hovel, hospi- tality ciixumscribed its sacred circle ; and a provisiim io punish, created a suspicion of the possibility of its violation. But of all the ties that bound — of all the bounties that blessed her — Ireland most obeyed, most jioved, most revered the nuptial contract. ;:rhe saw it the gift of Heaven, the charm of earth, the joy of the present, the promise of the future, the innocoice oi enjoyment, the chastity of passion, the sacrament of love ; the slender curtain that shades the sanctuary of her marriage-bed, has in its purity the splendour of the mountain snow, and ior its ])rotection the lextino of the mountain adamant, (rentleinen, tlr.it national sanctuary has been invaded : that venerable divinity has been violated ; and its tenderost pledges torn lioui GUTHRIE V, STERNE. 91 dieir shrine, by the polluted rapine of a kindless, heartless, prayerless, remorseless adulterer ! To you — religion denied, morals insulted, law despised, pub- lic order foully violated, and individual happiness wantonly wounded, make their melancholy appeal. You will hear the facts with as much patience as in- dignation will allow — I will myself, ask of you to ad- judge them with as much mercy as justice will admit. The Plaintiff in this case is John Guthrie ; by birth, by education, by profession, by better than all^ by practice and by principles, a gentleman. Believe me, it is not from the common-place of advocacy, or from the blind partiality of friendship, that I say of him, that whether considering the virtues that adorn life, or the blandishments that endear it, he has few superiors. Surely, if a spirit that disdains dishonour, if a heart that knew not guile, if a life above reproach, and a character beyond suspicion, could have been a security against misfortunes, his lot must have been happiness. I speak in the presence of that profession to which he was an ornament, and with whose mem- bers his manhood lias been familiar ; and I say of him, with a confidence that defies refutation, that, whether we consider him in his private or his pubhc station, as a man or as a lawyer, there never breathed that being less capable of exciting enmity towards himself, or of offering, even by implication, an offence to others. If he had a fault, it was, that, above crime, he was above suspicion ; and to that noblest error of a noble nature he has fallen a victim. Having spent his youth in the cultivation of a mind which must have one day led him to eminence, he became a member of the profession by which I am surrounded. Possessing, as he did, a moderate independence, and looking for- ward to the most flattering prospects, it was natural for him to select amongst the other sex, some friend who should adorn his fortunes, and deceive his toils; He found such a friend, or thought he found her, in y2 SPEECH IN THE CASE OF the person of Miss Warren, the only daughter of aii eminent solicitor. Young, beautiful, and accomplish- ed, she was " adorned whh all that earth or heaveii could bestow to make her amiable." Virtue never found a fairer temple; beauty never veiled a pin-er sanctuary ; the graces of her mind retained the admi- ration which her beauty had attracted, and the eye, which her charms fired, became subdued and chasten- ed in the modesty of their association. She was m the dawn of life, with all its fragrance round her, and yet so pure, that even the blush which sought to hide her histre, but disclosed the vestal deity' that burned beneath it. No wonder an adoring husband antici- jpated all the joys this world could give him ; no won- der that the parental eye, which beamed upon their union, saw, in the perspective, an old age of happi- ness, and a posterity of honour. Methinks I see them at the sacred altar, joining those hands which Heaven commanded none should separate, repaid for many a |)ang of anxious nurture l)y the sweet smile of filial piety ; and in the holy rapture of the rite, worship- ping the power that blessed their children, and gave them hope their names should live hereafter. It was virtue's vision ! None but fiends could envy it. Year after year confirmed the anticipation; four lovely children blessed their union. Nor was their love the summer passion of prosperity ; misfortune proved, afflictions chastened it ; before the mandate of that mysterious Power, which will at times despoil the paths of innocence, to decorate the chariot of triumph- ant villany, my client had to bow in silent resignation. He owed his adversity to the benevolence of his spirit; he " went security for friends ;' ' those friends deceived him, and he was obliged to seek in other lands, that safe asylum which his own denied him. He was glad to accept an offer of professional business in Scotland during his temporary embarrassment. With a conju- gal devotion, Mrs. Gutlirie accompanied him j and ift auTHRiL r. sterm:. 93 het smile the soil of a stranger was a home, the sor- rows of adversity were dear to him. During their residence in Scotland, a period of about a year, you will find they lived as they had done in Ireland, and as they continued to do until this calamitous occur- rence, in a state of uninterrupted happiness. You shall hear, most satisfactorily, that their domestic life was unsullied and undisturbed. Happy at home, happy in a husband's love, happy in her parents' fondness, happy in the children she had nursed, Mrs. Guthrie carried into every circle — and there was no circle in which her society was not courted — that cheerfulness which never was a companion of guilt, or a stranger to innocence. My client saw her the pride of his family, the favourite of his friends — at once the organ and ornament of his happiness. His ambition awoke, his industry redoubled; and that fortune, which though for a season it may frown, never totally abandons probity and virtue, had began to smile on him. He was beginning to rise in the ranks of his competitors, and rising with such a character, that emulation itself rather rejoiced than envied. It was at this crisis, in this, the noon of his happiness, and day-spring of his fortune, that, to the ruin of both, the Defendant became acquainted with his family. Witli the serpent's wile, and the serpent's wickedness, he stole into the Eden of domestic life, poisoning all that was pure, polluting all that was lovely, defying God, destroying man ; a demon in disguise of virtue, a herald of hell in the paradise of innocence. His name, Gentlemen, is William Peter Baker Dun- STANviLLE S TERNE ; oue would think he had epithets enough, without adding to them the title of Adulterer. Of his character I know but little, and I am sorry tliat I know so much. If I am instructed rightly, he is one of those vain and vapid coxcombs, whose vices tinge the frivohty of their follies with something of a more odious character than ridicule-^with just head H2 4 94 SPEECH IN THE CASE OF enough to contrive crime, but not heart enough ti> feel for its consequences 5 one ol those fashionable in- sects, that folly has painted, and Ibrtune plumed, for the annoyance of our atmosphere j dangerous alike in their torpidity and their animation; infesting where they fly, and poisoning where they repose. It was through the introduction of Mr. Fallon, the son of a most respectable lady, then resident in Temple- street, and a near relative of Mr. Guthrie, that the de- fendant and this unfortunate woman first became ac- quainted : to such an introc],uction the shadow of a suspicion could not possibly attach. Occupied him- self in his professional pursuits, my client had little leisure for the amusement of society ; however, to the protection of Mrs. Falion, her son, and daughters, moving in the first circles, unstained by any possible imputation, he without hesitation intrusted all that was dear to him. No suspicion could be awakened as to "any man to whom such a female as Mrs. Fallon per- mitted an intimacy with her daughters ; while at her house then, and at the parties which it originated, the defendant and Mrs. Guthrie had frequent opportuni- ties of meeting. Who could have suspected, that, under the very roof of vhtue, in the presence of a venerable and respected matron, and of that innocent family, whom she had reared up in the sunshine of her example, the most abandoned profligate could have plotted his iniquities! Who would not rather suppose, that, in the rebuke of such a presence, guilt would have torn away the garland from its brow, and blushed itself into virtue. But the depravity of this man was of no common dye ; the asylum of innocence was selected only as the sanctuary of his crimes ; and the pure and the spotless chosen as his associates, becaiise they would be more unsuspected subsidiaries t) his wickedness. Nor were his manner and his lan- guage less suiteil than his society to the concealment of his objects. If you believed himself, the sight of GUTHRIE V, STERNE. 90 a'uflering affected his nerves; the bare mention of im- morahty smote upon his conscience ; an intercourse with the continental courts had refined his mind into a painful sensibility to tlie barbarisms of Ireland ! and yet an internal tenderness towards his native land so irresistibly impelled him to improve it by his resi- dence, that he was a hapless victim to the excess of his feelings ! — the exquisiteness of his polish ! — and the excellence of his patriotism ! His English estates, he said, amounted to about .£10,000 a year, and he retained in Ireland only a trifling £3000 more, as a kind of trust for the necessities of its mhabitants ! — In short, according to his own description, he was in religion a saint, and in morals a stoic — a sort of wan- dering philanthropist ! making, like the Sterne, who, he confessed, had the honour oi' his name and his con- nexion, a Sentimental Journeij in search of objects over whom his heart miglit weep, and his sensibility expand itself ! How happy it is, that, of the philosophic profligate only retaining the vices and the name, his rashness has led to the arrest of crimes, wliich he had all his turpitude to commit, without any of his talents to em- bellish. It was by arts such as I have alluded to — by pre- tending the most strict morality, the most sensitive honour, the most high and undeviating principles of virtue, — that the defendant banished every suspicion of his designs. As far as appearances went, he was exactly what lie described himself. His pretensions to morals he supported by the most reserved and re- spectful behaviour: his hand was lavish in the distri- bution of his charities ; and a splendid equipage, a numerous retinue, a system of the most profuse and prodigal expenditure, left no doubt as to the reality of his fortune. Thus circumstanced, he found an easy admittance to the house of Mrs. Fallon, and there he had many opportunities of seeing Mrs. Guthrie j for, Uii ^FKECll IN THE CASE OF between his family and that of so respectable u rela-' tive as Mrs. Fallon, my client had much anxiety te increase the connexion. They visited together some of the public amusements ; they partook of some ol the fetes in the neighbourhood of the metropolis ; but upon every occasion, Mrs. Guthrie was accompanied by her own mother, and by the respectable females of Mrs. Fallon's family. I say, upon every occasion : and I challenge them to produce one single instance of those innocent excursions, upon which the slanders of an interested calumriy have been let loose, in which this unfortunate lady was not matronized by her female relatives, and those some of the most spotless characters in society. Between IMr. Guthrie and the deiiendant, the acquaintance was but slight. Upon one occasion alone they dined together ; it was at the house of the plaintiff's father-in-law; and, that you may have some illustration of the defendant's charac- ter, I shall briefly instance his conduct at this dinner. On being introduced to Mr. Warren, he apologized for any deiiciency of etiquette in his visits, declaring that he had been seriously occupied in arranging the affairs of his lamented father, who, though tenant for life, had contracted debts to an enormous amount. He had already paid upwards of <£! 0.000, which honour, and not law, compelled him to discharge ; as, sweet soul ! he could not bear that any one should suf- fer unjustly by his family ! His subsequent conduct \vas quite consistent with this hypocritical preamble : at dinner, he sat at a distance from Mrs. Guthrie; ex- patiated to her husband upon matters of morahty ; entering into a high-flown })anegyric on the virtues of domestic life, and tlie comforts of connubial happiness. In short, had there been any idea of jealousy, his manner would have banished it ; and the mind must have been worse than sceptical, which would refuse its credence to his surface morality. Gracious God ! when the heart once admits guilt as its associate, how GUTHRIE V, STERNE. 9? every natural emotion flies before it ! Surely, surely, here was a scene to reclaim, if it were possible, this remorseless defendant, — admitted to her father's table nnder the shield of hospitality, he saw a yoimg and iovely female surrounded by her parents, her husband, and her children ; the prop of those parents' age ; the idol of that husband's love ; the anchor of those chil- dren's helplessness; the sacred orb of their domestic circle; giving their smile its light, and their bhss its being; robbed of whose beams the little lucid world of their home must become chill, uncheered, and colour- less for ever. He saw them happy, he saw them uni- ted ; blessed with peace, and purity, and profusion ; throbbing with sympathy and throned in love ; depict- ing the innocence of infancy, and the joys of manhood before the venerable eye of age, as if to soften the farewell of one world by the pure and pictured antici- pation of a better. Yet, even there, hid in the very sun-beam of that happiness, the demon of its destined desolation lurked. Just Heaven ! of what materiak was that heart composed, which could meditate coolly on the murder of such enjoyments; which innocence could not soften, nor peace propitiate, nor hospitality appease-; but which, in the very beam and bosom of its benefaction, warmed and excited itself into a more vigorous venom ? Was there no sympathy in the scene ? Was there no remorse at the crime ? Was there no horror at its consequences ? " Were honour, virtue, conscience, all exil'd ! Was there no pity, no relenting ruth. To show their parents fondling o'er their child, Then paiat the ruin'd pair, and their distraction wild !" Burns. iVo ! no ! He was at that instant planning their destruc- tion ; and, even within four short days, he deliberately reduced those parents to childlessness, that husband to widowhood, those smiUng infants to anticipate orphan- i^S SPEECH IN THE CASE OF Hge, and that peaceful, hospitable, confiding family^ to helpless, hopeless, irremediable ruin ! Upon the first day of the ensuing July, Mr. Guthrie was to dine with the Connaught bar, at the hotel of Portobello. It is a custom, I am told, with the gentle- men of that association to dine together previous to the circuit ; of course my client could not have deco- rously absented himself. Mrs. Guthrie appeared a little feverish, and he requested that on his retiring, she would compose herself to rest; she promised him 3he would ; and when he departed, somewhat abruptly^ to put some letters in the post-office, she exclaimed, '^ What ! John, are you going to leave me thus ?" He returned, and she kissed him. They seldom parted, even for any time, without that token of affection. I am thus minute, gentlemen, that you may see, up to the last moment, what little cause the husband had for suspicion, and how impossible it was for him to foresee a perfidy which nothing short of infatuation could have produced. He proceeded to his companions with no other regret than that necessity, for a moment, forced him from a home, which the smile of affection had never ceased to endear to him. After a day, however, passed as such a day might have been supposed to pass, in the (low of soul and the philosophy of plea- sure,he returned home to share his happiness with her, without whom no happiness ever had been perfect. Alas ! he was never to behold her more ! Imagine, if you can, the frenzy of his astonishment, in being in- formed by Mrs. Porter, the daughter of the former landlady, that about two hours before she had attend- ed Mrs. Guthrie to a confectioner's shop ; that a car- riage had drawn up at the corner of the street, into •which a gentleman, whom she recognized to be a Mr. Sterne, had handed her, and they instantly departed. I must tell you, there is every reason to believe, that this woman was the confidant of the conspiracy. What a pity that the object of that guilty confidence GUTHRIE V, STERNi;. 99 bad not something of Immanity ; that, as a female, she did not feel for the character of her sex ; that, as a mother, she did not mourn over the sorrows of a help- less family ! What pangs might she not have spared ! My client could hear no more ; even at the dead of night he rushed into the street, as if in its own dark hour he could discover guilt's recesses. In vain did he awake the peaceful family of the horror-struck Mrs. Fallon ; in vain, with the parents of the miserable fu- gitive, did he mingle the tears of an impotent distrac- tion; in vain, a miserable maniac, did he traverse the silent streets of the metropolis, affrighting virtue from its slumber with the spectre of its own ruin. I will not harrow you with its heart-rending recital. But imagine you see him, when the day had dawned, re- turning wretched to his deserted dwelling ; seeing in every chamber a memorial of his loss, and hearing every tongueless object eloquent of his wo. Imagine you see him, in the reverie of his grief, trying to per- suade himself it was all a vision, and awakened only to the horrid truth by his helpless children asking him for their mother ! — Gentlemen, this is not a picture of the fancy ; it literally occurred : there is something less of romance in the reflection, which his children awakened in the mind^ of their afflicted father; he or- dered that they should be immediately habited in mourning. How rational sometimes are the ravings of insanity ! For all the purposes of maternal life, poor innocents ! they have no mother ! her tongue no more can teach, her hand no more can tend them ; for them there is not " speculation in her eyes ;" to them her life is something worse than death ; as if the awful grave had yawned her forth, she moves before them shrouded all in sin, the guilty burden of its peaceless sepulchre. Better, far better, tlieir little feet had fol- lowed in her funeral, than the hour which taught her t alue should rever^l her vice — mourning her loss, they wight have blessed her memory^ and shame neet§ 100 SPEECH IN THE CASE OF not have rolled its fires into the fountain of tlieh* ser? row. As soon as his reason became sufficiently collected, Mr. Guthrie pursued the fugitives ; he traced them successively to Kiidare, to Cariow, Waterford, Milford- haven, on through Wales, and finally to Ilfracombe, in Devonshire, where the clue was lost. I am glad that, in this route and restlessness of their guilt, as the crime they perpetrated was foreign to our soil, they did not make that soil the scene of its habitation. I will not follow them through this joyless journey, nor brand by my record the unconscious scene of its pol- lution. But philosophy never taught, the pulpit never enforced, a more imperative morality than the itine- rary of that accursed tour promulgates. Oh ! if there be a maid or matron in this island, balancing between the alternative of virtue and crime, trembling between the hell of the seducer and the adulterer, and the hea- ven of the parental and the nuptial home, let her pause upon this one, out of the many horrors I could depict, — and be converted. I will give you the rela- tion in the very words of my brief; I cannot improve upon the simijlicity of the recital : "On the 7th of July they arrived at Milford ; the captain of the packet dined with them, and was aston- ished at the magnificence of her dress." (Poor wretch ! she was decked and adorned for the sacrifice!) ^- The next day they dined alone. Towards evening, the housemaid, passing near their chamber, heard Mr. Sterne scolding and apparently heating her ! In a short time after, Mrs. Guthrie rushed out of »her cham- ber into the drawing-room, and throwing herself in agony upon the sopha, she exclaimed, ' Oh ! ivhat an unhappii icretch I am ! — / left my home where I was happy, too happy, seduced by a man ivho has deceived me. — My poor husband ! my dear children ! Oh ! if they rcould even let my little William live with me! — it tvould be some consolation to my beoken heart V'^ GUTHRIE V. STERNE. 101 " Alas ! nor children more can she behold, Nor friends, nor sacred home." Well might she lament over her fallen fortunes! well might she mourn over the memory of days when the sun of heaven seemed to rise but for her happi- ness ! well might she recall the home she had endear- ed, the children she had nursed, the hapless husband, of whose life she was the pulse ! But one short week before, this earth could not reveal a lovelier vision : — Virtue blessed, aftection followed, beauty beamed on her; the light of every eye, the charm of every heart, she moved along in cloudless chastity, cheered by the song of love, and circled by the splendours she created ! Behold her now, the loathsome refuse of an adulterous bed ; festering in the very infection of her crime ; the scoff and scorn of their unmanly, merciless^ inhuman author ! But thus it ever is with the votaries of guilt; the birth of their crime is the death of their enjoyment ; and the wretch who flings his offering on its altar, falls an immediate victim to the flame of his devotion. I am glad it is so ; it is a wise, retributive dispensation ; it bears the stamp of a preventive Pro- vidence. I rejoice it is so, in the present instance, first, because this premature infliction must ensure re- pentance in the wretched sufferer ; and next, because, as this adulterous fiend has rather acted on the sug- gestions of his nature than his shape, by rebelling against the finest impulse of man, he has made him- self an outlaw from the sympathies of humanity. -Why should he expect that charity from you, which he w ould not spare even to the misfortunes he had inflict- ed ? For the honour of the form in which he is disguis- ed, I am willing to hope he was so blinded by his vice, that he did not see the full extent of those mis- fortunes. If he had feehngs capable of being touched, it is not to the faded victim of her own weakness, and of his wickedness, that I would direct them. There is something in her crime which affrights I 102 SPEECH IN THE CASE OF charity from its commiseration. But, Gentlemen, there is one, over whom pity may mourn, — for lie is wretched, and mourn without a blush, — for he is guiltless. How shall I depict to you the deserted husband ? To every other object in this catalogue of calamity there is some stain attached which checks compassion. — But here — Oh ! if ever there was a man amiable, it was that man. Oh ! if ever there was a husband fond, it was that husband. His hope, his joy, Jiis ambition was domestic; his toils were forgotten in the affections of his home ; and amid every adverse variety of fortune, hope pointed to his children, — and he was comforted. By this vile act that hope is blast- ed, that house is a desert, those children are parent- iess ! In vain do they look to their surviving parent : jiis heart is broken, his mind is in ruins; his very form is fading from the earth. He had one consolation, an aged mother, on whose life the remnant of his for- t\ines hung, and on whose protection of his children his remaining prospects rested, even that is over ; — she could not survive his shame, she never raised her )iead, she became hearsed in his misfortunes ; — he has followed her funeral. If this be not the cl'max of hu- fltian misery, tell me in what does human misery con- sist? Wife, parent, fortune, prospects, happiness, — all gone at once, — and gone for ever ! For my part, when I contemplate this, I do not wonder at the im- pression it has produced on him ; I do not wonder zX the faded form, the dejected air, the emaciated coun- tenance, and all the ruinous and mouldering trophies, by which m.isery has marked its triumph over youth, and health, and happiness! I know, that in the hordes of what is called fashionable life, there is a sect of phi- losophers, wonderfully patient of their fellow-crea- tures' sufferings ; men too insensible to feel for any ©ne, or too selfish to feci for others. I trust there is not one amongst you who can even hear of such ca- lamities without affliction; or, if there be, I pray tha^ GUTHRIE V» STERNE. 103 he may never know their import by experience ; that having in the wilderness of this world, but one dear and darhng object, without whose participation bliss would be joyless, and in whose sympathies sorrow has found a charm ; whose smile has cheered his toil, whose love has pillowed his misfortunes, whose angel- spirit, guiding him through danger, and darkness,and despair, arnid the world's frown and the friend's per- fidy, was more than friend, and world, and all to him! God forbid, that by a villain's wile, or a villain's wick- edness, he should be taught how to appreciate the wo of others in the dismal solitude of his own. Oh, no ! I feel that I address myself to human beings, who, knowing the value of what the world is worth, are ca- pable of appreciating all that makes it dear to us. Observe, however, — lest this crime should want ag- gravation — observe, I beseech you, the period of its accomplishment. My client was not so young as that the elasticity of his spirit could rebound and bear him above the pressure of the misfortune, nor was he with- ered by age into a comparative insensibility ; but just at that temperate interval of manhood, when passion had ceased to play, and reason begins to operate ; when love, gratified, left him nothing to desire ; and fidelity, long tried, left him nothing to apprehend : he was just too, at that period of his professional ca- reer, when, his patient industry having conquered the ascent, he was able to look around him from the height on which he rested. For this, welcome had been the day of tumult, and the pale midnight lamp succeeding ; welcome had been the drudgery of form ; welcome the analysis of crime ; welcome the sneer of envy, and the scorn of dulness, and all the spurns which *'■' patient merit of the unworthy takes." For this he Jiad encountered, perhaps the generous rivalry of gen- ius, perhaps the biting blasts of poverty, perhaps the efforts of that deadly slander, which,coiling round the cradle of his young ambition, might have sought to crush him in its envenomed foldings. 104 SPEECH IN THE CASE OF " .\h! who can tell how hard it is to climb Tbe steep where Fame's proud temple shines afar ': Ah ! who can tell how many a soul sublime Ilath felt the influence of malignant star, And waged with fortune an eternal war?" Can such an injury as this admit of justification? I think the learned counsel will concede it cannot. But it may be palliated. Let us see how. Perhaps the defendant was young and thoughtless ; perhaps un- merited prosperity raised him above the pressure of misfortune,and the wild pulses of impetuous passion im*- pelled him to a purpose at which his experience would have shuddered. Quite the contrary. The noon of manhood has almost passed over him ; and a youth, spent in the recesses of a debtor's prison made hira familiar with every form of human misery : he saw what misfortune was ; — it did not teach him pity : he saw the effects of guilt; — he spurned the admonition. Perhaps in the solitude of a single life, he had never known the social blessedness of marriage ; — he has a wife and children ; or, if she be not his wife, she is the victim of his crime, and adds another to the calendar of his seduction. Certain it is, he has little children, who think themselves legitimate ; will his advocates defend him, by proclaiming their bastardy ? Certain it is, there is a wretched female, his own cousin too, who thinks herself his wife ; will they protect him, by proclaiming he has only deceived her into being his prostitute ? Perhaps his crime, as in the celebrated case of Howard, immortalized by Lord Erskine, may have found its origin in parental cruelty ; it might perhaps have been that in their spring of life, when fancy waved her fairy wand around them, till all above was sun-shine, and all beneath was flowers ; when to their clear and charmed vision this ample world was but a weedless garden, where every tint spoke Nature's liveliness, and every sound breathed Heaven's melo- dy, and every breeze was but embodied fragrance j it OUTHRIE V, STERNE. IQfO miglit have been that, in this cloudless holiday, Love wove his roseate bondage round them, till their young hearts so grew together, a separate existence ceased, and life itself became a sweet identity ; it might have been that, envious of this paradise, some worse thaa demon tore them from each other to pine for years ii^ absence, and at length to perish in a palliated impiety. Oh ! Gentlemen, in such a case, Justice herself, with her uplifted sword, would call on Mercy to preserve the victim. There was no such pallieition : — the pe- riod of their acquaintance was little more than sufficient for the maturity of their crime ; and they dare not libel Love by shielding under its soft and sacred name the loathsome revels of an adulterous depravity. It might have been, the husband's cruelty left a too easy inroad for seduction. Will they dare to assert it ? Ah ! too well they know he would not let "the winds of heaven visit her face too roughly." Monstrous as it is, I have heard, indeed, that they mean to rest upon an opposite paUiation ; I have heard it rumoured, that they mean to rest the wife's infidelity upon the husband's fondness, I know that guilt, in its conception mean, and in itiS commission tremulous, is, in its exposure, desperate and audacious. I know that, in the fugitive panic of its retreat it will stop to fling its Parthian poisons upon the justice that pursues it. But I do hope, bad and abandoned and hopeless as their cause is, — I do hope, for the name of human nature, that I have been de- ceived in the rumours of this unnatural defence. — ■ Merciful God ! is it in the presence of this venerable Court, is it in the hearing of this virtuous jury, is it in the zenith of an enlightened age, that I am to be told because female tenderness was not watched with worse than Spanish vigilance, and harassed with worse thaii eastern severity; because the marriage-contract is not converted into the curse of incarceration ; because wo- man is allowed the dignity of a human soul, and mau does not degrade himself into a human monster j N? 12 lOS SPEECH IN THE CASE OF cause the vow of endearment is not made the vehicle of deception, and the altar's pledge is not become the passport of a barbarous perjury ; and that too in a land of courage and chivalry, where the female form ha^ been held as a patent direct from the Divinity, bearing in its chaste and charmed helplessness the assurance of its strength, and the amulet of its protection : am I to be told, that the demon adulterer is therefore not only to perpetrate his crimes, but to vindicate himself, through the very virtues he has violated ? I cannot believe it; I dismiss the supposition : it is most " mon- strous, foul and unnatural." Suppose that the plain- tiff pursued a ditTerent principle ; suppose that his con- duct had been the reverse of what it was ; suppose, that in place of being kind, he had been cruel to this deluded female 5 that he had been her tyrant, not her protector; her jailor, not her husband: what then might have been the defence of the adulterer ? Might he not then say, and say with speciousness, *' True, I seduced her into crime, but it was to save her from cruelty ; true, she is m-j adulteress^ because he was her despot.^' Happily, Gentlemen, he can say no such thing. I have heard it said, too, during the ten months of calumny, for which, by every species of legal delay, they have procrastinated this trial, that, next to the impeachment of the husband's tenderness, they mean to rely on what they libel as the levity of their unhap- py victim ! I know not by what right any man, but above all, a married man, presumes to scrutinize into the conduct of a married female. I know not, Gen- tlemen, how you would feel, under the consciousnes-; that every coxcomb was at liberty to estimate the warmth, or the coolness of your wives, by the baro- meter of his vanity, that he might ascertain precisely the prudence of his invasion on their virtue. But I do know, that such a defence, coming from such a quarter, vvould not at all surprise me. Poor — unfor- tunate—fallen female ! How can she expect merd^^ GUTHRIE V, STERNE. tOT if OKI her destroyer ? How can she expect that he will revere the character he was careless of preserving ? How can she suppose that, after having made her peace the pander of his appetite, he will not make her reputation the victim of his avarice ? Such a defence is quite to be expected : knowing him, it will not sur- prise me 5 if I know you, it will not avail him. Having now shown you, that a crime almost unpre- cedented in this country, is clothed in every aggrava- tion, and robbed of every palliative, it is natural you should enquire, what was the motive for its commis- sion ? What do you think it was ? Providentially — miraculously, I should have said, for you never could have divined — the Defendant has himself disclosed it- What do you think it was. Gentlemen ? Ambition f But a few days before this crnninality, in answer to a friend, who rebuked him for the almost princely ex- penditure of his habits, "Oh," says he, "never mind j Sterne must do something by which Sterne may be hnoion /" I had heard, indeed, that ambition was a vice, but then a vice so equivocal, it verged on vir- tue ; that it was the aspiration of a spirit, sometimes perhaps appalling, always magnificent; that though its grasp might be fate, and its flight might be famine^ Still it reposed on earth's pinnacle, and played in hea-> ven's lightnings ; that though it might fall in ruins, it arose in fire, and was with all so splendid, that eves the horrors of that fall became immerged and mitiga- ted in the beauties of that aberration! But here is ae ambition ! — base and barbarous and illegitimate; with all the grossness of the vice, with none of the grand- eur of the virtue ; a mean, muffled, dastard incendia- ry, who, in the silence of sleep, and in tlie shades of midnight, steals his Ephesian torch into the fane,^ which it was virtue to adore, and worse than sacrilege to have violated ! Gentlemen, my part is done ; yours is about to commence^ You have heard this crime — its origin. 108 SPEECH m THE CASE OP its progress, its aggravation, its novelty among us. G0 and teli your children and your country, whether of not it is to be made a precedent. Oh, how awful is your responsibility ! J do not doubt that you will dis- charge yourselves of it as becomes your characters* I am sure, indeed, that you will mourn with me over the almost solitary defect in our otherwise matchless system of jurisprudence, which leaves the perpetra- tors of sucli an injury as tliis, subject to no amerce- ment but that of money. 1 think you will lament the failure of the great Ctcero of our age, to bring such an offence within the cognizance of a criminal juris- diction : it was a subject suited to his legislative mind, worthy of his feeling heart, worthy of his immortal eloquence. I cannot, my Lord, even remotely al- lude to Lord -Ers/rme, without gratifying myself by saying of him, that, by the rare \mion ol'all that was learned in law with all that was lucid in eloquence; by the singular combination of all that was pure in snorals with all that was profound in wisdom; he he has stamped upon every action of his life the blend- ed authority of a great mind, and an unquestionable conviction. I think. Gentlemen, you will regret the failure of such a man in such an object. The merci- less murderer may have maiiliness to plead ; the high- way robber may have want to palliate; yet they both are objects of criminal infliction : but the murderer of connubial bliss, who commits his crime in secrecy ; — the robber of domestic joys, whose very wealth, as in this case, may be liis instrument ; — he is suffered to calculate on the infernal fame which a superfluous and unfelt expenditure may purchase. The law, how- ever, is so : and we must only adopt the remedy it af- fords us. In our adjudication of tliat remedy, I l3o not ask too much, when I ask the full extent of vour capability ; how poor, even so, is the wretched remu- neration for an injury which nothing can repair, — for a loss w hich nothing can alleviate ? Do you think that GUTHRIE V, STERNE. 1Q9 a mine could recompense my client for the forfeiture i3f her who was clearer than life to him ? " Oh, had she been but true, Though heaven had made him such another woridi Of one entire and perfect chrysolite, He'd not exchange her for it !" I put it to any of you, what would you take to stand in his situation ? What would you take to have your prospects blasted, your profession despoiled, your peace ruined, your bed profaned, your parents heart- broken, your children parentless ? Believe me. Gen- tlemen, if it were not for those children, he would not «ome here to-day to seek such remuneration ; if it were not that, by your verdict, you may prevent those little innocent defrauded wretches from wandering beggars, as well as orphans, on the face of the earth. Oh, I know I need not ask this verdict from your mercy ; I Beed not extort it from your compassion ; I will receive it from your justice. I do conjure you, not as fathers, but as husbands ; — not as husbands, but as citizens ; — not as citizens, but as men ; — not as men, but as Chris- tians ; — by all your obligations, public, private, moral, and religious ; by the hearth profaned ; by the home desolated; by the canons of the living God foully spurn- ed — save, oh ! save your fire-sides from the contagion, your country from the crime, and perhaps thousands, yet unborn, from the shame, and sin, and sorrow of this example! SPEECH OP MR. PHILLIPS -^ THE CASE OF O'MULLAN v, M^KORKILL; DELIVERED IN THE ^^ eOUNTY COURT-HOUSE, GALWAY. ^Jy Lords and Gentlemen^ I AM instructed, as counsel for the Plaintiff, to state to you the circumstances in which this action has originated. It is a source to me, I will confess it, of much personal embarrassment. Feebly, indeed, can I attempt to convey to you, the feelings with which a perusal of this brief has affected me ; painful to yoii must be my inefficient transcript — painful to all who have the common feelings of country or of kind, must he this calamitous compendium of all that degrades our individual nature, and of all that has, for many an age of sorrow, perpetuated a curse upon our national character. It is, perhaps, the misery of this profes- sion, that evety hour our vision may be blasted by some withering crime, and our hearts wrung with some agonizing recital; there is no frightful form of vice, or no disgusting phantom of infirmity, which guilt does not array in spectral train before us. Horrible is tlie assemblage ! humiliating the application ! but thank Ood, even amid those veiT scenes of disgrace and of 112 SPEECH IN THE CASE ep debasement, occasions oft arise for the redemption ol our dignity ; occasions, on which the virtues breathed into us, by heavenly inspiration, walk abroad in the divinity of their exertion ; before whose beam the wintry robe falls from the form of virtue, and all the midnight images of horror vanish into nothing. Joy- fully and piously do I recognize such an occasion ; gladly do I invoke you to the generous participation ; yes, Gentlemen, though you must prepare to hear much that degrades our nature, much that distracts our country — -though all that oppression could devise agamstthe poor — though all that persecution could in- flict upon the feeble — though all that vice could wield against the pious — though all that the venom of a ve- nal turpitude could pour upon the patriot, must with their alternate apparition alflict, affright, and humili- ate you, still do I hope, that over the charnel-house of crime — o\er this very sepulchre, where corruption sits enthroned upon the merit it has murdered, that voice is at length about to be heard, at which the mar- tyred victim will arise to vindicate the ways of Provi- dence, and prove that even in its worst adversity there is a might and immortality in virtue. The Plaintiff, Gentlemen, you have heard, is the Rev. Cornelius O'MuUan ; he is a clergyman of the church of Rome, and became invested with that vene- rable appellation, so far back as September, 1 804. It is a title which you know, in this country, no rank en- nobles, no treasure enriches, no establishment sup- ports j its possessor stands undisguised by any rag of this world's decoration, resting all temporal, all eter- nal liope upon his toil, his talents, his attainments,and his piety — ndoubtless, after all, the highest honours, as well as the most imperishable treasures of the man of God. Year after year passed over my client, and each anniversary only gave him an additional title to these qualifications. His precept was but the hand- maid to his practice j the sceptic heard him, and was o'mullan V. m'korkill. 113 convinced ; the ignorant attended him, and were taught ; he smoothed the death-bed of too heedless wealth; he rocked the cradle of the infant charity ; oh, no wonder he walked in the sunshine of the public eye, no wonder he toiled through the pressure of the public benediction. This is not an idle declamation ; such was the result his ministry produced, that within five years from the date of its commencement, nearly 2000/. of voluntary subscription enlarged the temple where such precepts were taught, and such piety exem- plified. Such was the situationof Mr.O'Mullan, when a dissolution of parliament took place, and an unex- pected contest for the representation of Derry, threw that county into unusual commotion. One of the can- didates was of the Ponsonby family — a family devoted to the interests, and dear to the heart of Ireland ; he naturally thought that his parliamentary conduct en- titled him to the vote of every Catholic in the land 5 and so it did, not only of every Catholic, but of every Christian who preferred the diffusion of the Gospel to the ascendency of a sect, and loved the principles of the constitution better than the pretensions of a party. Perhaps you will think with me, that there is a sort of posthumous interest thrown about that event, when I tell you, that the candidate on that occasion was the lamented Hero over whose tomb the tears, not only of Ireland, but of Europe, have been so lately shed; he who, mid the blossom of the world's chivalry, died con- quering a deathless name upon the field of Waterloo, He applied to Mr. O'Mullan for his interest, and that interest was cheerfully given, the concurrence of his bishop having been previously obtained. Mr. Pon- sonby succeeded ; and a dinner, to which all parties were invited, and from which all party spirit was ex- pected to absent itself,was given to commemorate one common triumph — the purity and the privileges of election. In other countries, such an expectation might be natural ; the exercise of a noble constitu- K 114 SPEECH IN THE CASE OF tional privilege, the triumph of a great popular cause, might not unaptly expand itself in the intercourse of the board, and unite all hearts in the natural bond of festive commemoration. But, alas. Gentlemen, in this unhappy land, such has been the result, whether of our faults, our follies, or our misfortunes, that a de- testable disunion converts the very balm of the bowl into poison, commissioning its vile and harpy offspring, to turn even our festivity into famine. My client was at this dinner ; it was not to be endured that a Cathohc should pollute with his presence the civic festivities of the loyal Londonderry ! such an intrusion, even the acknowledged sanctity of his character could not ex- cuse ; it became necessary to insult him. There is a toast, which, perhaps, few in this united country are in the habit of hearing, but it is the invariable watch- word of the Orange orgies ; it is briefly entitled " The glorious, pious, and immortal memory of the great and good KingWilham." I have no doubt the sim- plicity of your understandings is puzzled how to dis- cover any offence in the commemoration of the Revo- lution Hero. The loyalists of Derry are more wise in their generation. There, when some Bacchanalian bigots wish to avert the intrusive visitations of their own memory, they commence by violating the memo- ry of King William.* Those who happen to have shoes or silver in their fraternity — no very usual oc- currence — thank His Majesty that the shoes are not wooden, and that the silver is not brass, a commodity, *This loyal toast handed down by Orange tradition is literally as follows, — we give it for the edification of the sister island. "The glorions, pious, and immortal memory of the great and good King William, who saved us from Pope and Popery, Jamea and slavery, brass money and wooden shoes ; here is bad luck to the Pope, and a hempen rope to all Papists ." It is drank kneeling, if they cannot stand, nine times nine, amid various mysteries which none bat the eitct can compre- hend. o'mullan V. m'korkill. 115 Ly tlie bye, of wliich any legacy would have been quite superfluous. The Pope comes in for a pious benediction ; and the toast concludes with a patriotic wish, for all his persuasion, by the consummation of which there can be no doubt, the hempen manufac- tures of this country would experience a very con- siderable consumption. Such, Gentlemen, is the en- lightened, and liberal, and social sentiment of which the first sentence, all that is usually given, forms the suggestion. I must not omit that it is generally taken standing, always providing it he in the power of the companii. This toast was pointedly given to insult Mr. O'Mullan. Naturally averse to any altercation, his most obvious course was to quit the company, and this he did immediately. He was, however, as imme- diately recalled by an intimation, that the Catholic qnestion, and might its claims be considered justly and liberally, had been toasted as a peace-offering by- Sir George Hill, the City Recorder. My client had no gall in his disposition 5 he at once clasped to his heart the friendly overture, and in such phrase as his simplicity supplied, poured forth the gratitude of that heart to the liberal Recorder. Poor O'MuUan had the wisdom to imagine that the politician's com- pliment was the man's conviction, and that a table toast was the certain prelude to a parliamentary suf- frage. Despising all experience, he applied the adage, Cizlum nan animum mutant qui trans mare current, to the Irish patriot. I need not paint to you the con- sternation of Sir George, at so unusual and so unpar- liamentary a construction. He indignantly disclaimed the intention imputed to him, denied and deprecated the unfashionable inference, and acting on the broad scale of an impartial policy, gave to one party the weight of his vote, and to the other, the (no doubt in his opinion) equally valuable acquisition of his elo- quence ; by the way, no unusual compromise amongst modeirn politicians^ i 16 SPEECH IN THE CASE OF The proceedings of this dinner soon became public. Sir George, you may be sure, was little in love with his notoriety. However, Gentlemen, the sufferings of the powerful are seldom without sympathy 5 if they receive not the solace of the disinterested and the sin- cere, they are at least sure to find a substitute in the miserable professions of an interested hypocrisy. Who could imagine, that Sir George, of all men, was to drink from the spring of Catholic consolation ? yet so it happened. Two men of that commuhion had the hardihood and the servility, to frame an address to him, reflecting upon the pastor, who was its pride and its ornament. This address, with the most obnoxious commentaries, was instantly published by the Derry Journalist, who from that hour, down to the period of his ruin, has never ceased to persecute my client, with all that the most deliberate falsehood could invent, and all that the most infuriate bigotry could perpetrate. This journal, I may as well now describe to you ; it is one of tlie numerous publications which the misfor- tunes of this unhappy land have generated, and which has grown into considerable affluence by the sad con- tributions of the public calamity. There is not a pro- vincial village in Ireland, which some such oflicial fiend does not infest, fabricating a gazette of fraud and falsehood, upon all who presume to advocate her inte- rests, or uphold the ancient religion of her people; — the worst foes of government, under pretence of giving it assistance ; the deadliest enemies to the Irish name, under the mockery of supporting its character ; the most licentious, irreligious, illiterate banditti, that ever polluted the fair fields of literature, under the spolia- ted banner of the press. Bloated with the public spoil, and blooded in tlie chase of character, no abilities can arrest, no piety can awe ; no misfortune affect, no be- nevolence conciliate them; the reputation of the living, and the memoiy of the dead, are equally plundered in their desolating progress ; even the awful sepidchre o'mOLLAN V* M^KORKILL. I 17 affords not an asylum to their selected victim. Human HvENAs! they will rush into the sacred receptacle of death, gorging their ravenous and brutal rapine, amid the memorials of our last infirmity I Such is a too true picture of what I hope unauthorizedly misnames itself the ministerial press of Ireland. Amid that polluted press, it is for you to say, whether The Lom/onderrif Journal stands on an infamous elevation. When this address was published in the name of the Catholics, that calumniated body, as was naturally to be expect- ed, became universally indignant. You may remember, Gentlemen, amongst the many expedients resorted to b}^ Ireland, for the recovery of her rights, after she had knelt session after session at the bar of the legislature, covered with the wounds of glory, and praying redemption from the chains that rewarded them ; — you may remember, I say, amongst many vain expedients of supplication and remon- strance, her Catholic population delegated a board to consult on their affairs, and forward their petition. Of that body, fashionable as the topic has now become, far be it from me to speak with disrespect. It con- tained much talent, much integrity ; and it exhibited what must ever be to me an interesting spectacle, a great body of my fellov/ men and fellow Christians, claiming admission into that constitution which their ancestors had achieved by their valour, and to which they were entitled as their inheritance. This is no time, this is no place for the discussion of that ques- tion; but since it does force itself incidentally upon me, I will sa}'. that as on the one hand I cannot fancy a despotism more impious, or more inhuman, than the pohtical abasement here, on account of that faith by which men hope to win an happy eternity hereafter ; so on the other, I cannot fancy a vision in its as- pect MORE divine than THE ETERNAL CROSS, RED WITH THE xMARTYR's BLOOD, AND RADIANT WITH THE ^ILGPIxM's hope, reared by THE PATRIOT ANB THE K 2 118 SPEECH IN THE CASE OF CHRISTIAN HAND, HIGH IN THE VAN OP UNIVERSAL LIB- ERTY. Of this board the two volunteer framers of the address happened to be members. The body who deputed them instantly assembled and declared their delegation void. You would suppose, Gentlemen, that after this decisive public brand of reprobation, those officious meddlers would have avoided its recurrence, by retiring from scenes lot which nature and education had totally unfitted them. Far, however, from acting under any sense of shame, those excluded outcasts even summoned a meeting to appeal from the sen- tence the public opinion had pronounced on them. The meeting assembled, and alter almost the day's deliberation on their conduct, the former sentence was unanimously confirmed. The men did not deem it prudent to attend themselves, but at a late hour, when the business was concluded, when the resolutions had passed, when the chair was vacated, when the multi- tude was dispersing, they attempted with some Orange followers to obtrude into the chapel, which in large cities, such as Derry, is the usual place of meeting. An angry spirit arose among the people. Mr. O'Mul- lan, as was his duty, locked the doors to preserve the house of God from profanation, and addressed the crowd in such terms, as induced them to repair peace- ably to their respective habitations. I need not paint to you the bitter emotions with which these deserved- ly disappointed men were agitated. All hell was at work within them, and a conspiracy was hatched against the peace of my client, the vilest, the foulest, die most infernal that ever vice devised, or demons executed.. Restrained from exciting a riot by his in- terference, they actually swore a riot against him, prosecuted him to conviction, worked on the decaying intellect of his bishop to desert him, and amid the sa- vage war-whoop of this slanderous Journal, all along inflaming the public mind by libels the most atrocious,, ftnally flung tliis poor, religiousj unoffending priest^ o'mullan v. m'korkill. il9 iBto a damp and desolate dungeon, where the very iron that bound, had more of humanity than the despots that surrounded him. I am told, they triumph much in this conviction. I seek not to impugn the verdict of that jury; I have no doubt they acted conscien- tiously. It weighs not with me that every member of my client's creed was carefully excluded from that jury — tio doubt they acted conscientiously. It weighs not with me that every man impannelled on the trial of the priest was exclusively Protestant, and that, too^ in a city, so prejudiced, that not long ago, by their Corporation law, no Catholic dare breathe the air of Heaven within its walls — no doubt they acted consci- entiouslj. It weighs not with me, that not three days previously, one of that jury was heard publicly to de- clare, he wished he could persecute the Papist to his death — no doubt they acted conscientiously. It weighs not with me, that the public mind had been so inflam- ed by the exasperation of this libeller, that an impar- tial trial was utterly impossible. Let them enjoy their triumph. But for myself, knowing him as I do, here in the teeth of that conviction, I declare it, I would rather be that man, so aspersed, so imprisoned, so per- secuted, and have his conscientiousness, thmi stand the highest of the courtliest rabble that ever crouched be- fore the foot of power, or fed upon the people — plun- dered alms of despotism. Oh, of short duration is such demoniac triumph. Oh, blind and groundless is the hope of vice, imagining its victory can be more than for the moment. This very day I hope will prove that if virtue suffers, it is but for a season ; and tha^ sooner or later, their patience tried, and their purity testified, prosperity will crown the interests of probity and worth. Perhaps you imagine. Gentlemen, that his person imprisoned, his profession gone, his prospects rui:ied^ and what he held dearer than all, his chea'acter defam- ed; the malice of his enemies might have rested t2\3 SPEECH IN THE CASE OF from persecution. " Thus bad begins, but worse re- mains behind.'' Attend, I beseech you, to what now follows, because I have come in order, to the particu- lar libel, which we have selected from the innumera- ble calumnies of this Journal, and to which we call your peculiar consideration. Business of moment, to the nature of which, I shall feel it my duty presently^ to advert, called Mr. O'Mullan to the metropolis. — Through the libels of the defendant, he was at this time in disfavour with his bishop, and a rumour had gone abroad, that he was never again to revisit his an- cient congregation. The Bishop in the interim return- ed to Derry, and on the Sunday following, went to officiate at the parish chapel. All ranks crowded tremulously round him ; the widow sought her guar- dian, the orphan his protector, the poor their pation, the rich their guide, tiie ignorant their pastor; all, all, with one voice, demand his recall, by whose absence the graces, the charities, the virtues of life, were left orphans in their communion. Can you imagine a more interesting sjjectacle ? The human mind never con- ceived — the hiunan hand never depicted a more in- structive or delightful picture. Yet, will you believe it ! out of this very circumstance, the defendant fabri- cated the most audacious, and if possible, the most cruel of his libels. Hear liis words: — "O'Mullan,'' saj^s he, "' was convicted and degraded, for assaulting his own Bishop, and the Recorder of Derry, in the pa- rish cjiapel !" Observe the disgusting malignity of the libel — observe the crowded damnation which it accu- mulates on my client — observe all the aggravated crime wliich it embraces. First, he assaults his vene- rable Bishop — the great Ecclesiastical Patron to v»hom he was sworn to be obedietit, and against whom he never conceived or articulated irreverence. Next, he assaults the Recorder of Derry — a Privy Councillor, the supreme municipa! authority of the city. And where does he do so ? Gracious God; in the very tem- o'mullan V. m'korkill. 121 pie of tliy worship ! Tliat is, says the inhuman libeller — he a citizen — he a clergyman insulted not only the civil but the ecclesiastical authorities, in the face of man, and in the house of prayer ; trampling contu- meliously upon all human law, amid the sacred altars, where he believed the Almighty witnessed the profa- nation ! I am so horror-struck at this blasphemous and abominable turpitude, I can scarcely proceed. AVhat will you say. Gentlemen, when I inform you, that at the very time this atrocity was imputed to him, he was in the city of Dublin, at a distance of one hun- dred and twenty miles from the venue of its commis- sion ! But, oh .' when calumny once begins its work, how vain are the impediments of time and distance ! Before the si'rocco of its breath, all nature withers, and age, and sex, and innocence, and station, perish in the unseen, but certain desolation of its progress ! Do you wonder O'MuUan sunk before these accumulated ca- lumnies ; do you wonder the feeble were intimidated, the wavering decided, the prejudiced confirmed ? He was forsaken by his Bishop ; he was denounced by his enemies — his very friends fled in consternation from the " stricken deer ;" he was banished Ji"om the scenes ef his childhood, from the endearments of his youth, from the field of his fair and honourable ambition. In vain did he resort to strangers for subsistence ; on the very wings of the wind, the calumny preceded him : and from that hour to this, a too true apostle, he has been " a man of sorrows,'^ " not knowing where to lay his head.'' I will not appeal to your passions ; alas ! how inadequate am I to depict his sufierings ; you must take them from the evidence. I have told you, that at the time of these infernally fabricated libels, the Plaintiff' was in Dublin, and I promised to adN ert to the cause by which his absence was occa- sioned. Observing in the course of his parochial duties, the deplorable, I had almost said the organized ignorance 122 SPEECH IN THE CASE 01" oftlie Irish peasantry — an ignorance zvhence all their crimes, and most of their sufferings originate; observ- ing alsoj that there was no pubhcly estabhshed literary institution to reheve them, save only to the charter- schools, which tendered learning to the shivering child, as a bounty upon apostacy to the faith of his fathers ; he determined if possible to give them the lore of this world, without offering as a mortgage upon the inheritance of the next. He framed the prospec- tus of a school, for the education of five hundred chil- dren, and went to the metropolis to obtain subscrip- tions for the purpose. I need not descant upon the jrreat general advantage, or to this country the pecul- iarly patriotic consequences, which the success of such a plan must have produced. No doubt, you have all personally considered — no doubt, you have all person- ally experienced, that of all the blessings which it has pleased Providence to allow us to cultivate, there is not one which breathes a purer fragrance, or bears a heavenlier aspect than education. It is a companion which no mislbrtunes can depress, no chme destroy, uo ememy alienate, no despotism enslave : at home a friend, abroad an introduction, in solitude a solace, in society an ornament, it chastens vice, it guides vir- tue, it gives at once a grace and government to genius. Withoutit, what isman? A splendid slave! a reason- ing savage, vacillating between the dignity of an in- telligence derived iunn God, and the degradation of passions participated with brutes ; and in the accident of their alternate ascendency shuddering at the ter- rors of an hereafter, or embracing the horrid hope of annihilation. What is this wondi'ous world of his residence ? A mighty maze, and all without a plan ; a dark and desolate and dreary cavern,without wealth, or ornament, or order. But light up within it the o'mullan v. m'korkill. I'^Z torch of knowledge, and how wondrous the transi- tion ! The seasons change, the atmosphere breathes, the landscape Hves, earth unfolds its fruits, ocean rolls in its magnificence, the heavens display their constel- lated canopy, and the grand animated spectacle of nature rises revealed before him, its varieties regula- ted, and its mysteries resolved ! The phenomena which bewilder, the prejudices which debase, the su- perstitions which enslave, vanish before education. Like the holy symbol which blazed upon the cloud before the hesitating Constantine, if man follow but its precepts, purely, it will not only lead him to the victories of this world, but open the very portals of Omnipotence for his admission. Cast your eye over the monumental map of ancient grandeur, once stud- ded with the stars of empire, and the splendours of philosophy. What erected the little state of Athens into a powerful commonwealth, placing in her hand the sceptre of legislation, and wreathing round her brow the imperishable chaplet of literary fame ? what extended Rome, the haunt of banditti, into universal empire ? what animated Sparta with that high unbend- ing adamantine courage, which conquered nature her- self, and has fixed her in the sight of future ages, a model of public virtue, and a proverb of national in- dependence ? What but those wise public institutions which strengthened their minds witli early application, informed their infancy with the principles of action, and sent them into the world, too vigilant to be de- ceived by its calms, and too vigorous to be shaken by its whirlwinds ? But surely, if there be a people in the world, to whom the blessings of education are pecu- liarly applicable, it is the Irish people. Lively, ardent, intelligent, and sensitive, nearly all their acts spring from impulse, and no matter how tliat impulse be gi- ven, it is immediately adopted, and the adoption and the execution are identified. It is this principle, if principle it can be called, which renders Ireland, al- 124 SPEECH IN THE CASE 01' ternately, the poorest and the proudest country in the world ; now chaming her in the very abyss of crime, now lifting her to the very pinnacle of glory ; which in the poor, proscribed, peasant Catholic, crowds the jail and feeds the gibbet ; which in the more fortunate, because more educated Protestant, leads victory a captive at her car, and holds echo mute at her eloquence; making a national monopoly of fame, and, as it were, attempting to naturalize the achievements of the uni- verse. In order that this libel may want no possible aggravation, the defendant published it when my client was absent on this work of patriotism ; he published it when he was absent ; he published it when he was ab- sent on a work of virtue ; and he published it on all the authority of his local knowledge, when that very local knowledge must have told him, that it was desti- tute of the shadow of a foundation. Can you imagine a more odious complication of all that is deliberate in malignity, and all that is depraved in crime ? I prom- ised, Gentlemen, that I would not harrow your hearts, by exposing all that agonizes mine, in the contempla- tion of individual suflering. There is, however, one subject connected with this trial, public in its nature, and universal in its interest, which imperiously calls for an exemplary verdict; I mean the liberty of the press — a theme which I approach with mingled sensa- tions of awe, and agony, and admiration. Consider- ing all that we too fatally have seen — all that, perhaps, too fearfully we may have cause to apprehend, I feel myself cling to that residuary safeguard, with an affec- tion no temptations can seduce, witli a suspicion no anodyne can lull, with a fortitude that peril but infu- riates. In the direful retrospect of experimental des- potism, and the hideous prospect of its possible re- animation, I clasp it with the desperation of a widowed female, who in the desolation of her house, and the destruction of her household, hurries the last of her offspring through the flames, at once the relic of her m'kqrkill. 125 joy, the depository of her wealth, and the remembran- cer of her happiness. It is the duty of us all to guard strictly this inestimable privilege — a privilege which can never be destroyed, save by the licentiousness of those who wilfully abuse it. No, it is not in the ARROGANCE OP POWER; NO, IT IS NOT IN THE ARTIFI- CES OF law; NO, IT IS NOT IN THE FATUITY OF PRINCESj NO, IT IS NOT IN THE VENALITY OF PARLIAMENTS TO CRUSH THIS MIGHTY, THIS MAJESTIC PRIVILEGE ; REVIL- ED, IT WILL REMONSTRATE ; MURDERED, IT WILL RE^ VI VE; BURIED, it WILL RE-ASCEND; THE VERY ATTEMPT AT ITS OPPRESSION WILL PROVE THE TRUTH OF ITS IMMORTALITY, AND THE ATOM THAT PRESUMED TO SPURN, W ILL FADE AWAY BEFORE THE TRUMPET OF ITS RETRIBUTION ! Man holds it on the same principle that he does his soul : the powers of this world cannot prevail against it ; it can only perish through its own depravity. Whai then sliall be his fate, through whose instrumentality it is sacrificed ? Nay more, what shall be his fate, who, intrusted with the guardi- anship of its security, becomes the traitorous accessary to its ruin? Nay more, what shall be his fate, by whom its powers, delegated for the public good, are convert- ed into the calamities of private virtue ; against whom, industry denounced, merit undermined, morals calum- niated, piety aspersed, all through the means con[iut the doubts of the sceptical, hardened by hi€ acquiescence, — ^but the fidelity of the feeble, hazardeil by his forbearance,goaded him from the pi'ofaned priva- cy of tlie cloister into this repulsive scene of public ac- cusation. In him, this reluctance springs from a most "natural and characteristic delicacy : in us, it would be- come a most overstrained injustice. No, Gentlemen: thougli with him we must remember morals outraged, religion assailed, law violated, the priesthood scandal- ized, tlie press betrayed, and all the disgusting calen- dar of abstract evil ; yet with him we must not reject the injuries of the individual sufterer. We must pic- ture to ourselves a young man, partly by the seli-de- nial of parental love, partly by the energies of person- al exertion, struggling into a profession, where, by the pious exercise of his talents, he may make the fame, the we borne of his youth, from tlie friends of his heart, a hopeless,, fortuneless, companionless exile, hanging in some 8t) anger scene, on the precarious pity of the few, whose chai'ity might induce thek compassion to bestow^whgft ©'mullan V, m'korkill, I3i this remorseless slanderer would compel their justice to withhold ! I will not pursue this picture; I will not detain you from the pleasure of your possible com- pensation ; for oh ! divine is the pleasure you are destined to experience ; — dearer to your hearts shal! be the sensation, than to your pride shall be the dig- nity it will give you. What ! though the people will hail the saviours of their pastor : what ! though the priesthood will hallow the guardians of their brother; though many a peasant heart will leap at your name> and many an infant eye will embalm their fame who restored to life, to station, to dignity, to character, the venerable friend who taught their trembling tongues to lisp the rudiments of virtue and religion, still dear- er than all will be the consciousness of the deed. Nor, believe me, countr3'men, will it rest here. Oh no ! if there be light in instinct, or truth in Revelation, be- lieve me, at that awful hour, when you shall await the last inevitable verdict, the eye of your hope will not be the less bright, nor the agony of your ordeal the more acute, because you shall have, by this day's deed, redeemed the Almighty's persecuted Apostle, from the grasp of an insatiate malice — from the fang of a worse thaw Phiiistiue persecution. SPEECH OP MR. PHILLIPS m THE CASE OF CONNAGHTON v, DILLON^ DELIVEP.ED IN THE COUNTY COURT-HOUSE OF ROSCOMMOjS. My Lord and Gentlemen, In this case I am one of the counsel for the Plaiia- tiff, who has directed me to explain to you the wrongs for which; at your hands, he solicits reparation. It ap- pears to me a case which undoubtedly merits much consideration^ as well from the novelty of its appear- ance amongst us, as for the circumstances by which it is attended. Nor am I ashamed to say, that in my mind, not the least interesting of those circumstances is the poverty of the man who has made this appeal to me. Few are the consolations wliich soothe — hard must be the heart which does not feel for him. He is, Gentlemen, a man of lowly birth and humble station; with little wealth but from the labour of his hands, with no rank but the integrity of his character, with no recreation but in the circle of his home, and with no ambition, but, when his days are full, to leave that little circle the hdieritance of an honest name, and the treasure of a good man's memory. Far inferior, in- deed, is he in this respect to his more foi'tunate antag* 134 SPEECH IN THE CASE OF onist. He, on the contrary, is amply either blessed or cursed with tliose qualifications which enable a man to adorn or disgrace the society in which he lives. He is, I understand, the representative of an honourable name, the relative of a distinguished family, the sup- posed heir to their virtues, the indisputable inheritor to their riches. He has been for many years a resi- dent of your county, and has had the advantage of collecting round him all those recollections, whicli, sprmging from the scenes of school-boy association, or from the more matured enjoyments of the man, crowd, as it were, unconsciously to the heart, and cling with a venial partiality to the companion and the friend. So impressed, in truth, lias lie been with lliese advantages, that, surpassing the usual expenses of a trial, he has selected a tribunal where he vainly Iiopes such considerations will have weight, and where uG "gH kiiovv's my client's humble rank can have no claim but to that which his miseries may entitle him. I am sure, however, he has wretchedly miscalculated. I know none of you personally ; but I have no doubt I am addressing men who will not prostrate their con- sciences before privilege or power ; who will remem- ber that there is a nobility above birth, and a wealth beyond riches ; who will feel that, as in the eye of that God to whose aid they have appealed, there is not the minutest diHerence between the rag and the Tobe, so in the contemplation of that law which con- stitutes our boast, guilt can have no protection, or in- nocence no tyrant ; men who will have pride in prov- ing, that the noblest adage of our noble constitution is not an illusive shadow ; and that the peasant's cot- tage, roofed with straw and tenanted by poverty, standi as inviolated from all invasion as the mansion of the roonarch. My client's name. Gentlemen, is Connaghton ; and when I have given you his name, you have almost all iis Iji^toiy. To culuvate tl*e path of honest mdm" CONKAGHTON V. DI1.L0N. I3b try, comprises, in one line, " the short and simple an- nals of the poor.'' This has been his humble^ but at the same time most honourable occupation, ft mat- ters little with what artificial nothings chance may distinguish the name, or decorate the person ; the child ol' lowly life, with virtue for its handmaid, holds as proud a title as the highest — -as rich an inheritance ^s the wealthiest. Well has the poet of our country f?aid — that ** Piinces or Lords may flourish or raaj- fade, A breath can make them, as a breath has made ; But a brave peasantry, their country's pride, When once destvoy'd, can never be supplied." For all the viftues which: adorn thatpeasantry, which can render humble life respected, or give the highest stations their most permanent distinctions, my chent Stands conspicuous. A hundred years of sad vicissi- tude, and, in this land, often of strong temptation, have rolled away, since the little form on which he lives re- ceived his family : and, during all that time, not one accusation has disgraced, not one crime has sullied it. The same spot has seen his grandsire and his parent pass away from this world : the village-memory re- cords their worth, and their rustic tear hallows their resting-place. After all, when life's mockeries shall vanish from before us, and the heart that now beats in the proudest bosom here, shall moulder unconscious beneath its kindred clay, art cannot erect a nobler monument, or genius compose a purer panegyric. Such, Gentlemen, was almost the only inheritance with which my client entered the world. He did not disgrace it ; his youth, his manhood, his age, up to this moment, have passed without a blemish ; and he now stands confessedly the head of the little village is which he lives. About five-aiid-twenty years ago, he married the sisterof a liighly respectable Roman Cath- olic clergyman, by wjiom he had a family of sever 136 SPEECH IN THE CASE OW children, whom they educated in the principles of mo rahty and religion, and who, until the defendant's iiir terference, were the pride of their humble home, and the charm or the consolation of its vicissitudes. In their virtuous children the rejoicing parents felt their youth renewed, their age made happy ; the days of labour became holidays in their smile ; and if the hand of affliction pressed on tliem, they looked upon their little ones, and their mourning ended. I cannot paint the glorious host of feelings ; the joy, the love, the hope, the pride, the blended paradise of rich emo- tions with which the God of nature fills the father's heart, when he beholds his child in all its filial loveli- ness, when the vision of his infancy rises, as it were., reanimate before him, and a divine vanity exaggerates every tritle into some mysterious omen, which shall smooth his aged wrinkles, and make his grave a mon- ument of Iu>nour ! I cannot describe them ; but, if there be a parent on the jury, he w'xW comprehend me. It is stated to me, that of all his children, there were none more likely to excite such feelings in the Plain- tiff than the unfortunate subject of the present action: she was his favourite daughter, and she did not shame his preference. You shall find, most satisfactorily, that she was without stain or imputation : an aid and a blessing to her parents, and an example to her young- er sisters, who looked up to her for instruction. She took a pleasure in assisting in the industry of their home ; and it was at a neighbouring market, where she went to dispose of the little produce of that indus- try, that she unhappily attracted the notice of the de- fendant. Indeed, such a situation was not without its interest, — a young female, in the bloom of her attrac- tions, exerting her faculties in a parent's service, is as object lovely in the eye oi' God, and, one would sup- pose, estimable in the eye of mankind. Far difier- ent, however, were the sensations which she excited in the defendant. He saw her arrayed, as he confesses., CONNAGHTON V. BILLON. 137 m charms that enchanted him ; but her youth, her beauty, tlie smile of her innocence, and the piety of her toil, but inflamed a brutal and licentious lust, that should have blushed itself away in such a pre- sence. What cared he for the consequences of his gratification ? — There was " No honour, no relenting ruth, To paint the parcjits fondling o'er their child, Then show the ruin'd maid, and her distraction wild!" What thought lie of the home he was to desolate r What thought he of the happiness he was to plunder ? His sensual rapine paused not to contemplate the speakingpictureof the cottage-ruin, the blighted hope^ the broken heart, the parent's agony, and, last and most withering in the woful group, the wretched victim herself starving on the sin of a promiscuous prostitu- tion, and at length, perhaps, with her own hand, anti- cipating the more tedious murder of its diseases ! He need not, if I am instructed rightly, have tortured his fancy for the misei'able consequences of hope bereft, and expectation plundered. Through no very dis- tant vista, he might have seen the form of deserted loveliness weeping over the worthlessness of his world- ly expitition, and warning him, that as there were cru- elties no repentance could atone, so there were suf- ferings neither wealth, nor time, nor absence, could al- 3eviate.* If his memory should fail him, if he should deny the picture, no man can tell him half so efficient? ]y as the venerable advocate he has so judiciously se- lected, that a case might arise, where, though the * Mr. Phillips here alluded to a verdict of 5000Z. obtained at the late Gahvay Assizes, against the defendant, at the suit of Miss Wilson, a very beautiful and interesting young lady, for a breach of promise of marriage. Mr. Whitestone, who now plead- ed for Mr Dillon, was Miss Wilson's advocate against hira on tbc occHsion alluded to. M 138 SPEECH IN THE CASE OY energy of native virtue should defy the spoliation of the person, still crushed affection might leave an in- fliction on the mind, perhaps less deadly, but certainly not less indelible. I turn from this subject with an in- dignation which tortures me into brevity ; I turn to the agents by which this contamination was affected. J almost blush to name them, yet they were worthy of their vocation. They were no other than a meni- al servant of Mr. Dillon, and a base, abandoned, profli- gate ruffian, a brother-in-law of the devoted victim herself, whose beastial appetites he bribed into sub- serviency ! It does not seem as if by such a selection he was determined to degrade the dignity of the mas- ter, while he violated the liner impulses of the man, by not merely associating with his own servant, but by diverting the purest streams of social affinity into the vitiated sewer of his enjoyment. Seduced by such instruments into a low public house at Athlone, this unhappy girl heard, without suspicion, their merce- nary panegyric of the defendant, when, to her amaze- ment, but, no doubt, according to their previous ar- rangement, he entered and joined their company. I do confess to you, Gentlemen, when I first perused this passage in my brief, I flung it from me with a con- temptuous incredulity. What ! I exclaimed, as no doubt you are all ready to exclaim, can this be possi- ble ? Is it thus I am to find the educated youth of Ire- land occupied ? Is this the employment of the misera- ble aristocracy that yet lingers in this devoted coun- try ? Am I to find them, not in the pursuit of useful science, not in the encouragement of arts or agricul- ture, not in the relief of an impoverished tenantry, not m the proud march of an unsuccessful but not less sa- cred patriotism, not in the bright page of warlike im- mortality, dashing its iron crown from guilty great- ness, or feeding freedom's laurel with the blood of the despot ! — but am I to find them, amid drunken pan- ders and corrupted slaves, debauching the innocence GONNAGHTON V* DILLON. 139 «*f village-life, and even amid the stews of the tavern^ collecting or creating the materials of the brothel ! Gentlemen, I am still unwilling to believe it, and, with ail the sincerity of Mr. Dillon's advocate, I do entreat you to reject it altogether, if it be not substantiated by the unimpeachable corroboration of an oath. As I am instructed, he did not, at this time, alarm his victim by any direct communication of his purpose ; he saw that " she was good as she was fair,"' and that a pre- mature disclosure would but alarm her virtue into an impossibility of violation. His satellites, however, acted to admiration. They produced some trifle which he had left for her disposal ; they declared he had long felt for her a sincere attachment ; as a proof that it was pure, they urged the modesty with which, at a first mterview, elevated above her as he was, he avoided its disclosure. When she pressed the madness of the expectation which could alone induce her to consent to his addresses, they assured her that, though ■in the first instance such an event was impossible, still in time it was far from being improbable ; that many men, from such motives, forgot altogether the differ- ence of station : that Mr. Dillon's own family had al- ready proved every obstacle might yield to an all- powerful passion, and induce him to make her his wife, who had reposed an affectionate credulity on his honour ! Such were the subtle artifices to which he stooped. Do not imagine, however, that she yield- ed immediately and implicitly to their persuasions ; I should scarcely wonder if she did. Every day shows us the rich, the powerful, and the educated, bowing before the spell of ambition, or avarice, or passion, to the sacrifice of their honour, their country, and their souls ; what wonder, then, if a poor, ignorant peas- ant girl had at once sunk before the united potency of such temptations ! But she did not. Many and ma- ny a time the truths which had been inculcated by her adoring parents rose up in arms ; and it was not until 140 SPEECH IN THE CASE OF various interviews, and repeated artifices, and untir- ing efforts, that she yielded her faith, her fame, and Iier fortunes, to the disposal of her seducer. Alas, alas ! how little did she suppose that a moment was to come when, every liope denounced, and every ex- pectation dashed, he was to fling her for a very sub- sistence on the charity or the crimes of the world she had renounced for him ! How little did she reflect that in her humble station, unsoiied and sinless, she migiit look down upon the elevation to which vice would raise her ! Yes, even were it a throne, I say .-ihe might look down on it. There is not on this earth a lovelier vision ; there is not for the skies a more angelic candidate than a young, modest maiden, robed in chastity ; no matter what its habitation, whe- iher it be the palace or the hut : — '' So dear to Heaven is saintly Chastity, That u hen a soul is found sinctrely so, A thousand liveiied aiifrcls lackey her, Driving far oii'tjach lliiiii;; of sia and guilt, \nd in clear dream and solemu vision 'I'ell her of things that no gross ear can hear, Till oft converse with hejr man loses the darling of his heart — the sole pleasure with which nature blessed him — hov/ abject, how cureless is the despair of his destitution ! Believe me. Gentlemen, you have not only a solemn duty to perform, but you have an awful responsibility imposed upon you. You are this day, in some degree, trustees for the morality of the people — perhaps of the whole nation; for, de- pend upon it, if the sluicesof immorality are once open- ed among tlie lower orders, the frightful tide, drifting upon its suriace all that is dignified or dear, will soon rise even to the habitations of the highest. I feel, Gentlemen, I have discharged m?/ duty — I am sure you wil I do lour^s. I repose my client with confidence in your hands ; and most fervently do I hope, that when evening shall find you at your happy fire-side, surrounded by the sacred circle of your children, yon may not feel the heavy curse gnawing at your heart, of having let loose, unpunished, the prowlet^hat may devour them. SPEECH OP JUR. PHILLIPS IN THE CASE OF CREIGHTON v. TOWNSEND. DELIVERED IN THE COURT OF COMMON PLEAS, DUBLIN. My Lord and Gentlemen, I AM, with my learned brethren, counsel for the plaintiff. My friend, Mr. Curran, has told you the na- ture of the action. It has fallen to my lot to state more at large to you the aggression by which it has been occasioned. Believe me, it is with no paltry af- fectation of undervaluing my very humble powers that I wish he had selected some more experienced, or at least less credulous advocate. I feel I cannot do my duty ; I am not tit to address you, I have incapacitated myself; I know not whether any of the calumnies which have so industriously anticipated this trial, have reached your ears, but I do confess they did so wound and poison mine, that to satisfy my doubts I visited the house of misery and mourning, and the scene which set scepticism at rest, has set description at defiance. Had I not yielded to those interested misrepresenta- tions, I might from my brief have sketched the fact, and from my fancy drawn the consequences -, but as it 148 SPEECH- IN THE CASE OF is, reality rushes before my frightened memory, and silences the tongue and mocks the imagination. Be- lieve me, Gentlemen, you are impannelled there upon no ordinary occasion ; nominally, indeed, you are to repair a private wrong, and it is a wrong as deadly as human wickedness can inflict — as human weakness can endure ; a wrong which annihilates the hope of the parent and the happiness of the child ; which in one moment blights the fondest anticipations of the heart, and darkens the social hearth, and worse than depopulates the habitations of the happy ! But, Gen- tlemen, high as it is, this is far from your exclusive duty. You are to do much more. You are to say whether an example of such transcendent turpitude is to stalk forth for public imitation — whether national morals are to have the law for tlieir protection, or ?m- po7'ted crime is to feed upon impunity — whether chas- tity and religion are still to be permitted to linger in this province, or it is to become one loathsome den of legalized prostitution — whether the sacred volume of the Gospel, and the venerable statutes of the law, are still to be respected, or converted into a pedestal on which the mob and the military are to erect the idol of a drunken adoration. Gentlemen, these are the questions you are to try ; hear the facts on which your decision must be founded. It is now about tive-and-twenty years since the plaintiff, Mr. Creighton, commenced business as a slate mercliant in the city of Dublin. His vocation was humble,, it is true, but it was nevertheless honest ; and though, unlike his opponent, the heights of ambition lay not before him, the path of respectability did — he approved himself a good man and a respectable citi- zen. Arrived at the age of manhood, he sought not the gratification of its natural desires by adultery or seduction. For him the home of honesty was sacred ; for him the poor man's child was unassailed ; no do- mestic desolation mourned his enjoyment j no anni- CREIGHTON V* TOWNSEND. 149 Versaiy of wo commemorated his achievements ; from his own sphere of life, naturally and honorably he se- lected a companion, whose beauty blessed his bed, and whose virtues consecrated his dwelling. Eleven love- ly children blessed their union, the darlings of their heart, the delight of their evenings, and as they blind- ly anticipated, the prop and solace of their approach- ing age. Oh ! sacred wedded love ! how dear ! how delighti'ul J how divine are thy enjoyments ! — Contentment crowns thy board, affection glads thy fireside 5 passion, chaste but ardent, modest but in- tense, sighs o^er thy couch, the atmosphere of para?- dise ! Surely, surely, if this consecrated rite can ac- quire from circumstances a factitious interest, 'tis when we see it cheering the poor man's home, or shed- ding over the dwelling of misfortune the light of its warm and lovely consolation. Unhappily, Gentle- men, it has that interest here. That capricious pow- er which often dignifies the worthless hypocrite, as often wounds the industrious and the honest. The late ruinous contest, having in its career confounded all proportions of society, and with its last gasp sigh- ed famine and misfortune on the world, has cast my industrious client, with too many of his companions, from competency to penury. Alas, alas, to him it left worse of its satellites behind it; it left the invader even of his misery — the seducer of his sacred and mispotted innocence. Mysterious Providence ! was it not enough that sorrow robed the happy home in mourning — was it not enough that disappointment preyed upon its loveliest prospects — was it not enough that its little inmates cried in vain for bread, and heard no answer but the poor father's sigh, and drank n« sustenance but the wretched mother's tears ? Wa? this a time for passion, lawless, conscienceless, licen- tious passion, with its eye of lust, iXs heart of stone. its hand of rapine, to rush into the mournful sanctu- t\Tv gf misfortuiae, casting crime into tlie cup of wo» 150 SPEECH IN THE CASE OF and rob the parents of their last wealth, their child : and rob the child of her only charm, her innocence ! ! That this has been done, I am instructed we shall prove : what requital it deserves, Gentlemen, you must prove to mankind. The defendant's name, I understand, is Townsend. He is of an age when every generous blossom of the spring should breathe an infant freshness round his heart ; of a family which should inspire not only high but hereditary principles of honour ; of a profession whose very essence is a stainless chivalry, and whose bought and bounden duty is the protection of the cit- izen. Such are the advantages with which he appears before you — fearful advantages, because they repel all possible suspicion ; but you will agree with me, most damning adversaries, if it shall appear that the generous ardour of his youth was chilled — that the noble inspiration of his birth was spurned — that the lofty impulse of his profession was despised — and that all that could grace, or animate, or ennoble, was used to his own discredit and his fellow-creature's misery. It was upon the first of June last, that on the banks of the canal, near Portobello, Lieutenant Townsend first met the daughter of Mr. Creighton, a pretty in- teresting girl, scarcely sixteen years of age. She was accompanied by her little sister, only four years old, with whom she was permitted to take a daily walk in that retired spot, the vicinity of her residence. The defendant was attracted by her appearance — he left his party, and attempted to converse with her; slie re- pelled his advances — he immediately seized her in- fant sister by the liand, whom he held as a kind of hostage for an introduction to his victim. A prepossess- ing appearance, a modesty of deportment, appareiitly quite incompatible with an evil design, gradually silen- ced her alarm, and she answered the comms^n-place questions with which; on her way home, he addressed CREIGHTON V, TOWNSEND. 151 iter. Gentlemen.! admit it was an innocent imprudence; the rigid rules of matured morality should have repel- led such communication ; yet perhaps, judging even by that strict standard, you will rather condemn the I'amiliarity of the intrusion in a designing adult, than the facility of access in a creature of her age and her innocence. They thus separated, as she naturally supposed, to meet no more. Not such, however, was the determination of her destroyer. From that hour until her ruin, he scarcely ever lost sight of her — he followed her as a shadow — he way-laid her in her walks — he interrupted !ier in her avocations — he haunted the street of her residence ; if she refused to meet him, he paraded before her window at the haz- ard of exposing her first comparatively innocent im- prudence to her unconscious parents. How happy would it have been, had she conquered the timidity so natural to Iier age, and appealed at once to their par- don and their protection ! Gentlemen, this daily per- secution continued for three months — for three suc- cessive months, by every art, by every persuasion, by every appeal to her vanity and her passions, did he toil for the destruction of this unfortunate young crea- ture. I leave you to guess liow many, during that in- terval, might have yielded to the blandishments of manner, the fascinations of youth, the rarely resisted temptations of opportunity. For three long monihs she did resist them. She would have resisted them for ever, but for an expedient which is without a mo-^ del — but for an exploit wiiich I trust in God will b.'^ witllout an imitation. Oh yes, he might have returned to his country, and did he but reflect, he would rather have rejoiced at the virtuous triumph of his victim, than mourned his own soul-redeeming defeat; he might have returned to his country, and told the cold- blooded libellers of this land, that their speculations upon Irish chastity were prejudiced and proofless ;; that in thezoreck of all else we had retained our honr id2 SPEECH IN THE CASE OP our; that though the national lummary had descend- ed for a season, the streaks of its loveliness still lin- gered on your horizon ; that the nurse of that genius which abroad had redeemed the name, and dignified the nature of man, was to be found at home in the spirit without a stain, and the purity without a suspi- cion. He might have told them truly that this did not result, as they would intimate, from the absence of passion or the want of civilization ; that it was the combined consequence of education, of example, and of impulse ! and that, though in all the reveliy of en- joyment, the fair flowret of the Irish soil exhaled its fragrance and expanded its charms in the chaste and blessed beams of a virtuous affection, still it shrunk with an instinctive sensitiveness from the gross pollu- tion of an unconsecrated contact. Gentlemen, the common artifices of the seducer failed ; the syren tones witli which sensuality awa- kens appetite and lulls purity had wasted themselves in air, and the intended victim, deaf to their fascina- tion, moved along safe and untransformed. He soon saw, that, young as she was, the vulgar expedients of vice were ineffectual ; that the attractions of a glitter^ ing exterior failed; and that before she could be tempted to her sensual damnation, his tongue must learn, if not the words of wisdom, at least the spe- ciousness of afiected purity. He pretended an affec- tion as virtuous as it was violent ; he called God to witness the sincerity of his declarations ; by all the vows which should for ever rivet the honourable, and could not fail to convince even the incredulous, he promised her marriage ; over and over again he invo- Jked the eternal denunciation if he was perfidious. To her acknowledged want of fortune, his constant reply was, that he had an independence ; that all he wanted was beauty and virtue ; that he saw she had the one, that had proved she had the other. When she plead- ed the obvious disparity of her birth, he answered. CREIGHTON V, TOWXSEJTB. 153 'hat he was himself only the son of an English farmer,; that happiness was not the monopoly of rank or rich- e 163 SPEECH IN THE CASE OF deliberate than that of marriage. I admit that it should be very cautiously promised, but, even when promised, I am far from conceding that it should in- variably be performed; a thousand circumstances may form an impediment, change of fortune may ren- der it imprudent, change of atiection may make it culpable. The very party to whom the law gives the privilegeof complaint, has, perhaps, the most reason to be grateful, — grateful that its happiness has not been surrendered to caprice ; grateful that Religion has not constrained an unwilling acquiescence, or made an unavoidable desertion doubly criminal; grateful that an ofispring has not been sacrificed to the indeli- cate and ungenerous enforcement; grateful that an in- nocent secret disinclination did not too late evince it- self in an irresistible and irremediable disgust. You will agree with me.however, that if there exists any excuse for such an action, it is on the side of the femuud in Mrs. Wilkins a generous benefactress. She BLAKE V. WILKINS. 165 assisted and supported him, until at last his increasing necessities reduced him to take refuge in an act of in- solvency. During their intimacy, frequent allusio* was made to a son whom IMrs. Wilkins had never seen since he was a child, and who had risen to a lieutenan- cy in the navy, under the patronage of their relative Sir Benjamin I5loomfield. In a parent's panegyric,- the gallant lieutenant was of courr.^ all that even hope could picture. Young, gay, heroic, and disinterested,^ the pride of the navy, the prop of the country, inde- pendent as the gale that wafted, and bounteous as the wave that bore him. I am afraid that it is rather an anti-climax to tell you after this, that he is the present Plaintiff. The eloquence of Mrs. Blake was not ex- clusively confined to her encomiums on the lieutenant. She diverged at times into an episode on the matrimo- nial felicities, painted the joy of passion and delights of love, and obscurely hinted that Hymen, with his" torch, had an exact personification in her son Peter bearing a match-light in His iNIajesty's ship the Hy^ dra ! — While these contrivances were practising on ■Mrs. Wilkins, a bye-plot was got up on board the Hy- dra, and Mr. Blake returned to his mourning country, influenced, as he says, by his partiality for the Defenr dant, but in reality compelled by ill health and disap- pointments, added, perhaps, to his mother's very ab- surd and avaricious speculations. Wiiat a loss the navy had of him, and what a loss he had of the navy ! Alas, Gentlemen, he could not resist his affection for a female he never saw. Almighty love eclipsed the glories of ambition — Trafalgar and St. Vincent flitted from his miemory — he gave up all for woman, as Mark Antony did before him, and, like the Cupid in Hudi> feras, he •' took his stand Upon a widow's jointure land — His tender sigh and trickling tear Long'd for five hundred pounds a yeap^ 0-2' ■' 166 JiPEECH IN THE CASE OF And languishhig desires were fond Of Statute, JVlorlgage, Bill, aud Bond!" — Oh, Gentlemeriy onfy imagine him on the lakes of North America ! Alike to him the varieties of season or the vicissitudes of warfare. One sovereign image monopolizes his sensibilities. Does the storm riige ? the Widow Wilkins outsighs the whirlwind. Is the Ocean calm ? its mirror sliows him the lovely Widow Wilkins. Is the battle won ? he thins his lanrels that the Widow Wilkins may interweave her myrtles. Does the broad-side thunder ? he invokes the Widow Wil- kins ! " A stceet liltle Cherub she sits up aloft To keep watch for the lite of poor Peter !" — Alas, how much he is to be pitied ! How amply h& should be recompensed ! Who but must mourn his sublime, disinterested, sweet-souled patriotism ! Who but must sympathize with his pure, ardent, generous affection ! — affection too confiding to require an in' terview ! — affection too warm to icaiit even for an in- trodnction! — Indeed, his Amanda herself seemed ta rhink his love w as most desirable at a distance, for at theveiy first visit after his return, he was refused ad- mittance. His captivating charmer was then sick and nurse-tended at her brother's house, after a win- ter's confinement, reflecting, most likely, ratlier on her funeral than lier wedding. Mrs. Blake's avarice instantly took the alarm, and she wrote the letter, which I shall now proceed to re^d to you. [Mr. ^ andeleur. — My Lord, unwilling as I am to interrupt a statement which seems to create so univer- sal a sensation, still I hope your Lordship will restrain Mr. Phillips from reading a letter which cannot here- after be read in evidence. Mr. O'Connell rose for the purpose of supporting the propriety of the course pursued by the DafQU^-r aat'.< Counsel, wher^ BLAKE l\ \VILKl.\.i. 167 Mr. Phillips resumed — My Lord, although it is utterly impossible for the learned Gentleman to say, in what manner hereafter this letter might be made evidence, still my case is too strong to require any cavilling upon such trifles. I am content to save the public time^-and waive the perusal of the letter. How- ever, they have now given its suppression an impor- tance which, perhaps, its production could not have procured for it. You see. Gentlemen, what a case they have when they insist on the withliolding of the documents which originated with themselves. I ac^ cede to their very polite interference. I grant ther% since they intreat it^ the mcrcij of my silence. Cer- taui it is, however, that a letter was received from Mrs. Elake; and that almost immediately after its receipt, Miss Blake intruded herself r.t Brownville, where Mrs. Wilkins was — remained two days — lamented bitterly her not having appeared to the lieutenant, when he called to visit her — said that her poor mother had set her heart on an alliance — that she was sure, deariao- maUj a disappointment would be the death of her; in short, that there w a& no alternative but the tomb or the altar ! To all this Mrs. Wilkins only replied, how totally ignorant the parties most interested were af each other, and that were she even inclined to con- nect herself with a stranger (poor old fool !) the debts in which her generosity to the family had already in- volved her. foruaed, at least for the present, an insur- iKountable impediment. This was not suflicient. la less than a week, the indefatigable Miss Blake return^ ed to tlie charge, actually armed with an old family- bond to pay oh" the incumbrances, and a renewed re- presentation of the mother's suspense and the bro- ther's desperation. You w ill not fail to observe, Gen- tlemen, that wliile the female conspirators were thus at work, the lover himself had never seen the object fifhls idoJatrj. Like the maniac in the farce, he fell ir love with the picture of hi«? grandmother. Like 9 168 SPEECH IN THE CASE Of prince of the blood, lie was willing to w^oo and to be wedded hy 'proxij. For the gratification of his ava- rice, he was contented to embrace age, disease, infir- mity, and widowhood — to bind his youthfulpassions to the carcase for which the grave was opening — to feed by anticipation on the nncold corpse, and cheat the worm of its reversionary corruption. Educated in a profession proverbially generous, he ofiered to barter every joy lor money ! Born in a country ardent to a fault, he advertised his happiness to the highest bidder ! and he now solicits an honourable jury to be- come the panders to his heartless cupidity ! Thus be- set, harassed, conspired against, their miserable vic- tim entered into the contract you have heard — a con- tract conceived in meanness, extorted by fraud, and sought to be enforced by the most profligate conspira- cy. Trace it throvigli ever}^ stage of its progress, in, its origin, its means, its etfects — -from the parent con- triving it through the sacrifice of her son, and for- warding it through \.\\e indelicate instrumentality of licr daughter, down to the son himself, unblushingly acceding to the atrocious combination by which age was to be betrayed and youth degraded, and the odious union of decrepid lust and precocious avarice blasphe- mously consecrated by the solemnities of Religion ! Is this the example which as parents you would sanc- tion ? Is this the principle you would adopt your- selves? Have you n:ver witnessed the misery of an nnniutched marriage? Have you never worshipped the bliss by which it has been hallowed, when its torch^ kindled at afiection's altar, gives the noon of life its warmth and its lustre, and blesses its evening with a more chastened, but not less lovely illuminrition ? Are you prepared to say, that this rite of Heaven, revered by each country, cherished l^y each sex, the solemni- ty of every Church and the Sacrament of one^ shall be profaned into tiie ceremonial of an obscene aiid- soul-degrading avarice I BLAKE i', WILKINS. 169 ^b sooner was this contract, the device of their co- vetousness and the evidence of their shame, swindled from the wretched object of this conspiracy, than its motive became apparent ; they avowed themselves the keepers of their melancholy victim ; they watched her jnovements ; they dictated her actions ; they forbade all intercourse with her own brother; they duped her into accepting bills, and let her be an-ested for the amount. They exercised the most cruel and capri- cious tyranny upon her, now menacing her with the publication of her follies, and now with the still more horrible enforcement of a contract that thus betrayed its anticipated inflictions ! Can you imagine a more disgusting exhibition of how weak and how worthless human nature may be, than this scene exposes ? On the one hand, a combination of sex and age,disregard- ing the most sacred obligations, and trampling on the most tender ties, from a mean greediness of lucre, that neither honour or gratitude or nature could ap- pease, " Lucri bonus est odor exrequahhetJ^ On the other hand, the poor shrivelled relic of what once was health, and youth, and animation, sought to be em- braced in its infection, and caressed in its infirmity — crawled over and corrupted by the human reptiles^ before death had siiovelled it to the less odious and more natural vermin of the gifr.ve ! ! What an object for the speculations of avarice ! What an angel lor the idolatry of youth ! Gentlemen, when this miserable dupe to her own doting vanity and the vice of others, saw how she was treated — when she found herself con- trolled by the mother, beset by the daughter, beggar- ed by the father, and held by the son as a kind of windfall, that, too rotten to keep its hold, had fallen at his feet to be squeezed and trampled ; when she saw the intercourse of her relatives prohibited,the most trifling remembrances of her ancient friendship deni- ed, the very exercise of her habitual charity denoun- ced ; when she s:aw all that she was worth was to bo 170 SPEECH IN THE CASE OF surrendered to a family confiscation, and that slie was herself to be gibbeted in the chains of wedlock, 3x1 ex- ample to every superannuated dotard, upon whose plunder the ravens of the world might calculate, she came to the wisest determination of her life, and deci- ded that her fortune should remain at her own dispo- sal. Acting upon this decision, she wrote to Mr. Blake, complaining of the cruelty with Avhich she had been treated, desiring the restoration of the contract of which she liad been duped, and declaring, as the only means of securing respect, her final determina- tion as to the control over her property. To this let- ter, addressed to the son, a verbal answer (mark the conspiracy) was returned from the mother, withhold- ing all consent unless the property was settled on hef family, but withholding the contract at the same time. The wretched old woman could not sustain this con- flict. She was taken seriously ill, confined for many months in her brother's house, from whom she was so cruelly sought to be separated, until the debts in which she Mas involved and a recommended change of scene transferred her to Dublin. There she was received with the utmost kindness by her relative, Mr. Mac Kamara, to whom she confided the delicacy and dis- ti'Cos of her situaiion. That gentleman, acting at once as her agent and her liiend, instantly repaired to Gal way, where he had an interview with Mr. Blake. This was long before the commencement of any ac- tion. A conversation took place between them on the subject, which must, in my mind, set the present ac- tion at rest altogether ; because it must show that the non-performance of the contract originated entirely with the plaintiff himself Mr. Mac Namara inqui- red, whether it was not true, that Mr. Blake's own fam- ily declined any connexion, unless Mrs. Wilkins con-< sented to settle on them the entire of her property ? j\Ir. Blake replied it was. Mr. Mac Namara rejoined, that her contract did not bind her to any such exte«t.' BLAKE I". wilkij:?s. ITi '•' No," replied Blake, " I know it does not ; however, tell Mrs. VVilkinsthat I understand she has about 580/. a year, and I will be content to settle the odd SOL on her 6 , umi/ of pocket moneu.'^ Here, of course, the conversation ended, which Mr. Mac jSamara detailed, as he was desired, to Mrs. Wilkins, who rejected it with the disdain, which, I hope, it will excite in every honourable mind. A topic, however, arose during the intervicv/, which unfolds the motives and illus- trates the mind of Mr. Blake more than any observa- tion which I can make on it. As one of the induce- ments to the projected marriage, he actually proposed the prospect of a 50/. annuity as an oflicer's widow's pension, to which she would be entitled in the event of his decease ! I will not stop to remark on the deli- cacy of this inducement — I will not dwell on the ridi- cule of the anticipation — I will not advert to the glar- ing dotage on which he speculated, when he could se- riously hold out to a woman of her years the prospect of such an improbable survivoi^tip. But I do ask you, of what materials must the man be composed who could thus debase the national liberality ! What ! was the recompense of that lofty heroism which has al- most appropriated to the British navy the monopoly of maritime renown — was that grateful offering which a weeping country pours into the lap of its patriot's widow, and into the cradle of its warrior's orphan — was that generous consolation with wiiich a nation's gratitude cheers the last moments of her dying hero, by the portraiture of his children sustained and enno- bled by the legacy of his achievements, to be thus de- Jiberately perverted ijito the bribe of a base, reluctant, unnatural prostitution ? Oh ! I know of nothing to pa- rallel the self-abasement of such a deed, except the audacity that requires an honourable Jury to abet it. The following letter from Mr. Anthony JNIartin, Mr. Blake's attorney, unfolded the hiture plans of this un- feeling conspiracy, Peihaps the Gentlemen wouJH i 72 SPEECH IN THE CASE OF wish also to cushion this document ? They do net. Then I shall read it. The letter is addressed to Mrs. Wilkins. '' Galway, Jan. 9, 1817. '^ Madam, " I have been apphed to professionally by Lieu- tenant Peter Blake, to take proceedings against you on rather an unpleasant occasion ; but from every let- ter of your's and other documents, together with the material and irreparable loss Mr. Blake has sustained in his professional prospects, by means of //owr ^propo- sals to him, makes it indispensably necessary for him to get remuneration from you. Under these circum- stances, I am obliged to say, that I have his directions to take immediate proceedings against you, unless he is in some measure compensated for your breach of contract and promise to him. I should feel happy that you would save me the necessity of acting pro- fessionally by settling the business, [you see, Gentle- men, money, money, money, runs through the whole amour,] and not suffer it to come to a public investi- gation, particularly, as I conceive from the legal ad^- vice Mr. Blake has got, together with all I have seen, it will ultimately terminate most honourably to his ad- vantage, and to your ^ecwnmr?/ loss. *' I have the honour to remain, " Madam, '^ Your very humble servant, "ANTHONY MARTIN." Indeed, I think Mr. Anthony Martin is mistaken. Indeed, I think no twelve men, upon their oaths, will say (even admitting the truth of all he asserts) that it was honourable for a British officer to abandon the navy on such a speculation — to desert so noble a pro- fession — to forfeit the ambition it ought to have asso- (ftated — the rank to which it leads^^the glory it may BLAKE V. WILKliN5. 173 confer, for the purpose of extorting from an old wo- man he never saw, the purchase-money of his degra- dation ! But I rescue the Plaintiff from this disgrace- ful imputation. I cannot believe that a member of a profession not less remarkable for the valour than the generosity of its spirit — a profession as prover- bial for its profusion in the harbour as for the prod- igality of its life-blood on the wave — a profession ever willing to fling money to the winds, and only anx- ious that they should waft through the world its immortal banner crimsoned with the record of a thousand victories ! No, no, Gentlemen ; not- withstanding the great authority of Mr. Antho- ny Martin, I cannot readily believe that any man could be found to make the high honour of this noble service a base, mercenarj^, sullen pander to the prostitution of his youth ! The fact is, that increas- ing ill health, and the improbability of promotionj combined to induce his retirement on half pay. You will find this confirmed by the date of his resignation, which was immediately after the battle of Waterloo, which settled (no matter how^ the destinies of Europe. His constitution was declining, his advancement was annihilated, and, as a forlorn hope, he bombarded the Wido^v Wilkins ! " War thoughts had left their places vacant : In their rpom came, thronging, soft and amorous desires; All telling him how fair — young Hero was." He first. Gentlemen, attacked her ioxXxm^with herself, through the artillery of the church, and having failed in that, he now attacks her fortune without herself through the assistance of the law. However, if I am instructed rightly, he has nobody but himself to blame for his disappohitment. Observe, I do not vouch for the authenticity of this fact; but I do certainly assure you, that Mrs. Wilkins was persuaded of it. You know the proverbial frailty of our nature. The gal P 174 SPEECH- IN THE CASE OF lant Lieutenant was not free from it. Perliaps you imagine that some younger, or according to his taste, some older fair one, weaned him from the widow. In- deed they did not. He had no heart to lose, and yet (can you solve the paradox ?) his infirmity was love. As the poet says — '•' LOVE — STILL — LOVE." No, it was not to Venus, it was to Bacchus, he sac- rificed. With an eastern idolatry he commenced at day-light, and so persevering was his piety till the shades of night, tliat when he was not on his knees, he could scarcely he said to be on his legs ! When I came to this passage, I could not avoid involuntarily exclaiming. Oh, Peter, Peter, whether it be in liquor «r in love — " None but thyself can be thy parallel 1" I see by your smiling, Gentlemen, that you correct my error. I perceive your classic memories recur- ring to, perhaps, the only prototype to be found in history. 1 beg his pardon. I should not have over- looked the immortal Captain Wattle, Who was all for love and — a Ultlefor the boille.'^' Ardent as our fair ones have been announced to be. they do not prefer a flame that is so exclusivel}- spirit- nal. Widow Wilkins, no doubt, did not choose to be singular. In the words of the bard, and, my Lord, I perceive you excuse my dwellinir so much on the au- thority of the muses, because reully on this occasion the minstrel seems to have combined the powers of poetry with the spirit of prophecy — in the very \;ot(\< of the bard. BLAKE V, WILKINS. 175 *'Heask'd her, would she marry him — Widow Wilkias an- swer 'd iNo — Then said he, I'll lothe ocean rock, I'm ready for the slaughter, Oh ! I'll shoot at ray sad image, as it's sighing in the water.— Only think of Widow Wilkins, saying— Go, Peter— Go 1" But, Gentlemen, let us try to be serious ; and seri- ously give me leave to ask you, on what grounds does he solicit your verdict ? Is it for the loss of his profes- sion ? Does he deserve compensation if he abandoned it for such a purpose — if he deserted at once his duty and his country to trepan the weakness of a wealthy dotard ? But did he (base as the pretence is,) did he do so ? Is there nothing to cast suspicion on the pre- text ? nothing in the aspect of public affairs ? in the universal peace ? in the uncertainty of being put in commission ? in the downright impossibility of ad- vancement ? Nothing to make you suspect that he imputes as a contrivance, what was the manifest re- sult of an accidental contingency ? Does he claim on the ground of sacrificed affection? Oh, Gentlemen, onh/fanc'j what he has lost — if it were but the blessed raptures of the bridal night/ Do not suppose I am going to describe it ; I shall leave it to the learned counsel he has selected to compose his epithalamium. I shall not exhibit the venerable trembler — at once a relic and a relict ; with a grace for every year and a eupid in every wrinkle — aftecting to shrink from the llanie of his impatience, and fanning it with the am- brosial sigh of sixty-five ! ! I cannot paint the fierce meridian transports of the honey moon, gradually melting into a more chastened and permanent affec- tion — every Jiine months adding a link to the chain of their delicate embraces, until, too soon, Death's broad- side lays the Lieuteimnt low; consoling, however, his patriarchal charmer, (old enough at the time to be the last loife of Methusalem) with a fifty pound annii- ity, being the balance of his glory against his M«/es- ty'a ship the Hydra ! ! 176 SPEECH IN THE eA&E OF Give me leave to ask you, is this one of the cases, to meet which, this very rare and dehcate action was intended ? Is this a case where a reciprocity of cir- cumstances, of affection, or of years, throw even a jshade of rationahty over the contract ? Do not ima- gine I mean to insinuate, that under no circumstances ought such a proceeding to be adopted. Do not ima- gine, though I say this action belongs more naturally to a female, its adoption can never be justified by one of the other sex. Without any great violence to my imagination, I can suppose a man in the very spring of life, when his sensibilities are most acute, and his passions most ardent, attaching himself to some ob- ject, 3'oung, lovely, talented, and accomplished, con- centrating, as he thought, every charm of personal perfection, and in whom those charms were only heightened by the modesty that veiled them ; per- Jiaj)s his preference was encouraged ; his affection re- turned ; his very sigh echoed until he was conscious of his existence but by the soul-creating sympathy — until the world seemed but the residence of his love, and that love the principle that gave it animation — until, before the smile of her affection, the whole spectral train of sorrow vanished, and this world of wo, with all its cares and miseries and crimes, bright- ened as by enchantment into anticipated paradise ! ! It might happen that this divine affection might be crushed, and that heavenly vision wither into air at the hell-engendered pestilence of parental avarice, leaving youth and health, and worth and happiness, a sacrifice to its unnatural and mercenary caprices. Far am I from saying, that such a case Avould not call for expiation, particularly where the punishment felt' upon the very vice in which the ruin had originated. Yet even there perhaps an honourable mind would rather despise the mean, unmerited desertion. Oh, I am sure a sensitive mind would rather droop uncom- plaining into the grave, than solicit the mockery of BLAKE r. WILKINS. 177 a worldly compensation ! But in the case before you, is there the slightest ground for supposing any affec- tion ? Do you believe, if any accident bereft the De- fendant of her fortune, that her persecutor would be likely to retain his constancy ? Do you believe that the marriage thus sought to be enforced, was one like- ly to promote morality and virtue ? Do you believe that those delicious fruits by which the struggles of social life are sweetened, and the anxieties of paren- tal care alleviated, were ever once anticipated ? Do you think that such an union could exhibit those re- ciprocities of love and endearments by which this ten- der rite should be consecrated and recommended ? Do you not rather believe that it originated in avarice — that it was promoted by conspiracy — and that it would not perhaps have lingered through some months of crime, and then terminated in a heartless and dis- gusting abandonment ? Gentlemen, these are the questions which you will discuss in your Jury-room. I am not afraid of your decision. Remember I ask you for no mitigation of damfjges. Nothing less than your verdict will satis» fy me. By that verdict you will sustain the dignity of your sex — by that verdict you will uphold the hon- our of the national character — by that verdict you will assure, not only the immense multitude of both sexes that thus so unusually crowds around you, but the whole rising generation of your country, That MARRIAGE CAN NEVER BE ATTENDED WITH HONOUR OR. BLESSED WITH HAPPINESS, IF IT HAS NOT ITS ORIGIN IN MUTUAL AFFECTION. I Surrender with confidence my case to your decision. [The damages were laid at 50001. and the PlaintifPs Counsel were, in the end, contented to withdraw $t Juror, and let him pay his own Costs.] P2. A CHARACTER OP ^yfAPOJLEON BUOJV.ar^RTE, DOWN TO THE PERIOD OF HIS EXILE TO ELBA. HE IS FALLEN ! We may now pause before that splendid prodigy^ which towered amongst us hke some ancient ruin^ whose frown terrified the glance its magnificence at- tracted. Grand, gloomy, and peculiar, he sat upon the throne, a sceptred hermit^ wrapt in the solitude of his own originality. A mind bold^ independent, and decisive — a will^ despotic in its dictates — an energy tliat distanced ex- pedition and a conscience pliable to every touch of in- terest, marked the outhne of this extraordhiary chal'- acter — the most extraordinary, perhaps, that in the anriiils of this world, ever rose, or reigned, or fell. Flung into hfe, in the midst of a Revolution, that quickened every energy of a ])eople who acknowl- edged no superior, he commenced his course, a stran- ger by birth, and a scholar by charity i With no friend but liis sword, aud no fortune but 180 CHARACTER OP his talents, he rushed into the hsts where rank, and weahh, and genius had arrayed themselves, and com- petition fled from him as from the glance of destiny. He knew no motive but interest — he acknowledged no criterion but success — he worshipped no God but ambition, and with an eastern devotion he knelt at the shrine of his idolatry. Subsidiary to this, there was no creed that he did not profess, there was no opinion that he did not promulgate ; in the hope of a dynasty, he upheld the crescent ; for the sake of a divorce, he bowed before the Cross : the orphan of St. Louis, he became the adopted child of the Republic : and with a parricidal ingratitude, on the ruins both of the throne and the tribune, he reared the throne of his despotism. A professed Catholic, he imprisoned the Pope ; a pretended patriot, he impoverished the country ; and in the name of Brutus,* he grasped without re- morse, and wore without shame, the diadem of the Cicsars ! Through this pantomime of his policy, fortune played the clown to his caprices. At his touch, crowns crumbled, beggars reigned, systems vanished, the wildest theories took the colour of his whim, and all that was venerable, and all that was novel, changed places with the rapidity of a drama. Even apparent defeat assumed the appearance of victory — his flight from Egypt confirmed his destiny — ruin itself only elevated him to empire. But if his fortune was great, his genius was trans- cendent ; decision flashed upon his councils ; and it was the same to decide and to perform. To inferior in- tellects, his combinations appeared perfectly impossi- ble, his plans perfectly impracticable j but in his *In his hypocritical cant after Liberty, in the commencement of the Revolution, he assumed the name of Brutus — ^Proh Pu- BUONAPARTE. 181 Jiands, simplicity marked their developement, and success vindicated their adoption. His person partook the character of his mind — if ihe one never yielded in the cabinet, the other never bent in the field. Nature had no obstacles that he did not surmount — space no opposition that he did not spurn ; and wheth- er amid Alpine rocks, Arabian sands, or polar snows, he seemed proof against peril, and empowered with ubiquity •' The whole continent of Europe trembled at beholding the audacity of his designs, and the mir- acle of their execution. Scepticism bowed to the prodigies of his performance ; romance assumed the air of history ; nor was their aught too incredible for belief, or too fanciful for expectation, when the world saw a subaltern of Corsica waving his imperial flag over Iier most ancient capitals. All the visions of antiquity became common places in his contempla- tion ; kings were his people — nations were his out- posts 3 and he disposed of courts, and crowns, and eamps, and churches, and cabinets, as if they were the titular dignitaries of the chess-board ! Amid all these changes he stood immutable as ada- mant. It mattered little whether in the field or the drawing room — with the mob or the levee — wearing the jacobin bonnet or the iron crown — banishing a Braganza,or espousing a Hapsbourgh — dictating peace on a raft to the czar of Russia, or contemplating de- feat at the gallows of Leipsic — he was still the same military despot ! Cradled in the camp, he was to the last hour the darling of the army ; and whether in the camp or in the cabinet he never forsook a friend or forgot a fa- vour. Of all his soldiers, not one abandoned him, till afiection was useless, and their first stipulation was for the safety of their favourite. They well knew that if he was lavish of them, he >^^s prodigal of himself; and that if he exposed them 132 CnARACTER OF to peril, he repaid them with plunder. For the sol- dier, he subsidized every people ; to the people he made even pride pay tribute. The victorious vete- ran glittered with his gains; and the capital, gorgeous with the spoils of art, became the miniature metropo- lis of the universe. In this wonderful ccnnbination, his affectation of literature must not be omitted. The jailor of the press, he affected the patronage of let- ters — the proscriber of books, he encouraged philoso- phy — tlie persecutor of authors, and the murderer of printers, he yet pretended to the protection of learn- ing ! — the assassin of Palm, the silencer of De Stael, and the denouncer of Kotzebuc, he was the friend of David, the benefactor of De Lille, and sent his aca- demic prize to the phllosopiier of England.* Such a medley of contradictions, and at the same time such an individual consistency, were never united in the same character — A Royahst — A Republican and an Emperor— a Mahometan — a Catholic and a patron of the Synagogue — a Subaltern and a Sove- reign — a Traitor and a Tyrant — a Christian and an Infidel — he was, through all his vicissitudes, the same stern, impatient, inllexible original — the same myste- rious incompreliensible seli^ — the man without a mod- el, and without a shadow. His fall, like his Hie, baffled all speculation. In short, his whole history was like a dream to the world, and no man can tell how or why he was awakened from the reverie. Sucli is a faint and feeble picture of Napoleon Buonaparte, the lirst, (and it is said to be hoped the last) Emperor of the French. That he has done much evil there is little doubt ; tJiat he has been the origin of much good there is just as little. Through his means, intentional or not, * Sir Humphrey Davy was transaaittej the first prize of the AcaduGiy of Sciences BUONAPARTE. 183 Spain, Portugal, and France, have arisen to the bles- sing of a Free Constitution ; Superstition has found her grave in the ruins of the Inquisition;* and the Feudal system, with its whole train of tyrannic satel- lites, has fled. for ever. Kings may learn from him that their safest study, as well as their noblest, is the interest of the people ; the people are taught by him that there )S no despotism so stupendous against which they have not a resource ; and to tliose v.ho would rise upon the ruins of both, he is a living lesson that if ambition ran raise them from the lowest station, it can also prostrate them from the highest. "* What melancholy reflections does not thissentence awaken; but (liree years have elapsed .since it was written^ and in that short space ail the good ett'ected by Napoleon has been erased by the Leu;itimates, and the most questionable parts of his (rharac- ter badly iniraitated I — His successors want nothing but his Gen- ius. SPEECH OF MR. PHILIAPS^ IN THE CASE OF BROWNE v. BLAKE : FOR CRIM. COJY. DELIVERED IN DUBLIN, JULY 9, 1817. Mu Lord and Gentlemen, I a:.i instructed by the plaintiff to lay his case be- fore yoLj, and little do I wonder at the great interest which it seems to have excited. It is oiie of those cases which come home to the ^' business and the bo- soms" of mankind — it is not confined to the individu- als concerned — it visits every circle, from the highest to the lowest — it alarms tlie very heart of the commu- nity, and commands the whole social family to the spot where human natiu'e, prostrated at the bar of public justice, calls aloud for pity and protection ! On my first addressing a jury upon a subject of this na- ture, I took the high ground to which I deemed my- self entitled — I stood upon the purity of the national character — I relied upon that cliastity which centuries had made proverbial, and almost drowned the cry of individual suffering in the violated reputation of the country. Humbled and abashed, I must resign the topic — indignation at the noveliy of the offence has given way to horror at the frequency of its repetition. It is now becoming almost fashionable amongst us : Q 186 SPEECH IN THE CASE OF we are importing the follies, and naturalizing the vi- ces, of the continent; scarcely a term pai^ses in tliese courts, during which some unahashed adulterer or se- ducer does not announce himself improving on the ©diousness of liis offence, by the profligacy of his jus- tilicati m, and, as it were, struggling to record, by crimes, the desolating progress of our barbarous civil- ization. Gentlemen, if this be suffered to continue, what home shall be safe, what hearth shall be sacred, what parent can, for a moment, calculate on the pos- session of his child, what child shall be secure against the orphanage that springs from prostitution r What solitary right, whether of life, or of liberty, or of prop- erty, hi the land, shall survive amongst us, if that hal- ]owed couch which modesty has veiled and love en- deared and religion consecrated, is to be invaded by a vulgar and promiscuous libertin-sm? A time there was wlien that couch was inviolable in Ireland — when conjugal inftdclity was deemed but an invention — when marriar;e was considered as a sacrament of ti)e heart, and faith and affection sent a mingled flame to- gether from the altar : are such times to dwindle into a legend of tradition ? Are the dearest rights of man, and the holiest ordinances of God, no more to be re- spected ? Is the marriage vow to become but tlie pre- lude to perjury and juostitution ? Shall our enjoy- ments debase themselves into an adulterous participa- tion, and our children propagate an incestuous com- munity ? — Hear the case w hicli I am fated to ujifold, and then tell me whether a sinQ;}e virtue is yet to lin- ger amongst us with inn)unity — whetlier honour, friendsliip, or hospitality, are to be sacred — vvliether that endearing confidence by which riie bitterness of this life is sweetened, is to become the in-trument of a perfiily l)eyond conception; and whether the protec- tion of the roof, the fraternity of tlie board, the obli- gations of the altar, and the devotion eCtho heart, are to be so many panders to the heliisli abomina- BROWNE I'. BLAKE. 1$V* tioiis theyshoiikl have purified. — Hear the case which must go forth to the world, but which, I trust in God, your verdict will accornpcuiy, to tell that world, tliatif there was vice enough amongst us to commit the crime, there is virtue enough to brand it with an indignant punishment. Of the plaintiff', Mr. Browne, it is quite impossible but you must have heard much — his misfortune has given liim sad celebrity, and it does seem a peculiar incident to such misfortune, that the loss of happiness is almost invariably succeeded by the deprivation of character. As the less guilty murderer v»ill hide the corse that may lead to his detection, so does the adul- terer, by obscuring the reputation of his victim, seek to diminish the moral responsibility he had incurred. Mr. Browne undoubtedly forms no exception to this system — betrayed by his friend, and abandoned by his wife, his too generous confidence, his too tender love, has been slanderously perverted into the sources of his calamity. Because he could not tyrannize over her whom he adored, he was careless : because he could not suspect hitn in wh.om he trusted, he was careless : and crime, in the infatuation of its cunning, found its justification even in the virtues of its victim ! I am not deterred by the prejudice tlius cruelly excited — I ap- peal from the gossiping credulity of scandal to the grave decisions of fathers and of husbrnds; and I irr.- plore of you, as you value the blessings of your home., not to countenance the calumny which solicits a pre- cedent to excuse their spoliation. At the close of the year 1809,, the death of my client's father gave him the inheritance of an ample fortune. Of all the joys his prosperity created, there was none but yielded to the ecstacy of sharing it with her he loved, the daugh- ter of his fa therms ancient friend, the respectable pro- prietor of Oran Castle. She was then in the very sprhig of life, and never did the sun of heaven unfold a lovelier blossom. Her look was beauty and hes 188 SPEECH IN THE CASE OF breath was fragrance — the eye that saw her caught a lustre from the vision ; and all the virtues seemed to linger round her, like so many spotless spirits enam- oured of her loveliness. "Yes, she was good as she was fair, fioue, none on earth above her, As pure in thought as angels are, To see her was to love her." What years of tongueless transport might not her happy husband have anticipated ! What one addition 'Conld lier beauties gain to render tlieni all perfect ! In the connubial rapture there was only one, and she was blessed witJ) it. A lovely family of infant children gave her the consecrated name of mother, and with it all that heaven can give of interest to this world's worthlessness. Can the mind imagine a more delight- ful vision than that of such a mother, thus young, thus lovely, thus beloved, blessing a Juisband's heart, bask- ing in a world's smile; and while she breathed into her little ones the moral iiglit, showing them that ra-t bed in ail the light of beauty, it v.as still possible for their virtues to cast it into the shade. Year after year of happiness rolled on, and every year but added to. their love a pledge, to make it happier than the former. Without ambition but iier husband's love, without one object but her children's happiness, this lovely woman circled in her orbit, all bright, all beauteous in the prosperous hour, and if that hour ever darkened, only beaming the brighter and tlie lovelier. What human hand could mar so pure a picture ? What punishment could adequately visit its violation ? «' O happy love, where love like this is found ! O heartfelt ra])(ure ! bliss beyond compare 1" It was indeed the summer of their lives, and with it came the swarm of summer friends, that revel in BROWNE V. BLAKE. 189 the sunshine of the hour, and vanish Avith its splen- dour. High and honoured in that crowd — most gay, most cherished, most professing, stood the defendant, Mr. Blake. He was the plaintiff's dearest, fondest friend, to every pleasure called, in every case consult- ed, his day-s companion, and his evening guest, his constant, trusted, bosom confidant, and under guise of all, oh human nature ! he was his fellest, deadliest, final enemy ! Here, on the authority of this brief do I arraign him, of having wound himself into my cli- ent's intimacy — of having encouraged that intimacy into friendship, of having counterfeited a sympathy in his joys and in his sorrows ; and when he seemed too pure even for scepticism itself to doubt him, of having under the very sanctity of his roof, per- petrated an adultery the most unprecedented and per- fidious ? If this be true, can the world's wealth defray the penalty of such turpitude ? Mr. Browne, Gentle- men, was ignorant of every agricultural pursuit, and, unfortunately, adopting the advice of liis father-in- law, he cultivated the amusements of the Curragh. I say unfortunately, for his own affairs, and by no means in reference to the pursuit itself. It is not for me to libel an occupation which the highest and noblest, and most illustrious throughout the empire, countenance by their adoption, which fashion and virtue grace by its attendance, and in which, peers and legislators and princes are not ashamed to appear conspicuous. But if the morality that countenances it be doubtful, by what epithet shall we designate that which would make it an apology for the most profligate of offen- ces? Even if Mr. Browne's pursuits were ever so er- roneous, was it for his bosom friend to take advantage ef them to ruin him ? On this subject, it is sufficient for me to remark, that under circumstances of pros- perity or vicissitudes, was their connubial happiness ever even remotely clouded ? In fact, the plaintiff disregarded even the amusements that deprived him Q2 190 SPEECH IN THE CASE OF of her society. He took a house for her in the vicia^ ity of Kildare, furnished it with all that luxury could require, and afforded her the greatest of all luxuries, that of enjoying and enhancing his most prodigal af- fection. From the hour of their marriage, up to the unfortunate discovery, they lived on terms of the ut- most tenderness ; not a word, except one of love ; not an act, except of mutual endearment, passed be- tween them. Now, gentlemen, if this be proved to you, here I take my stand, and I say, under no earthly circumstances can a justification of the adulterer be adduced. No matter with what delinquent sophistry he may blaspheme through its palliation. God ordain- ed, nature cemented, happiness consecrated that ce- lestial union, and it is complicated treason against God and man, and society, to intend its violation. The social compact, through every fibre, trembles at its consequences; not only policy, but law, not only law, but nature, not only nature, but religion depre- cate and denounce it, — parent and offspring, — youth and age — the dead from the tombs — the child from its cradle, creatures scarce alive, and creatures still unborn ; the grandsire shivering on the verge of death ; the infemt quickening in the motlier's womb; all with one assent re-echo God, and execrate adulte- ry ! I say, then, where it is once proved that husband and wife live together in a state of happiness, no con^ tingency on which the sun can shine, can warrant any man in attempting their separation. Did they do so ? That is imperatively your first consideration. I on- ly hope that all the hearts religion has joined togeth- er, may have enjoyed thehappiness they did. Their married state was one continued honey moon 5 and if ever cloud arose to dim it, before love's sigh it fled, and left its orb the brighter. Prosperous and wealthy, fortune had no charms foF Mr. Browne, but as it bless- ed the object of his affections. She made success de- lightful ; she ^ave his wealth its value. The mos^ BROWNE V, BLAKE. J^l splendid equipages — the most costly luxuries, the richest retinue — all that vanity could invent to dazzle — all that affection couid devise to gratify, were her's, and thought too vile for her enjoyment. Great as his fortune was, Iiis love outshone it, and it seems as if fortune was jealous of the performance. Proverbial- ly capricious, she withdrew her smile, and left him shorn almost of every thing except his love, and the fidelity that crowned it. The hour of adversity is woman's hour — in the full blaze of furtuiie's rich meridian, her modest beam re^ tires from vulgar notice, but when the clouds of wo collect around us, and shades and darkness d.ra the wanderer's path, that chaste and lovely light shines forth to cheer him, an emblem and an emana- tion of the heavens ! — It was then her love, her val- «e, and her power was visible. No, it is not for ths cheerfulness with wliich she bore the change I prize her — it is not that without a sigh she surrendered all the. baubles of prosperity — but that she pillowed her poor husband's heart, welcomed adversity to make hira happy, held up her little children as the wealth that no adversity could take away ; and when she found his spirit broken and \m soul dejected, with a more than masculine understanding, retrieved, in some de- gree, his desperate fortunes, and saved the little wreck tliat solaced their retirement. What was such a wo- man worth, I ask you? If you can stoop to estimate by dross the worth of such a creature, give me even a notary's calculation, and tell me then what was she worth to him to whom she had consecrated the bloom of" her youth, the charm of her innocence, the splendour of her beauty, the wealth of her tenderness, the pow- er of her genius, the treasure of her fidelity? She, the mother of his children, the pulse of his heart, the joy of his prosperity, the solace of his misfortunes — what was she worth to him ? Fallen as she is, you may still estimate her j you may see her value eveia 192 SPEECH IN THE CASE OF in her ruin. The gem is sullied, the diamond is shiv- ered; but even in its dust you may see the mugi^ifi- cence of its material. Atter this, they retired to Rockville, their seat in the county of Galway, wliere they resided in the most domebtic manner, on the remnant of their once splendid establishment. The butterflies, that m their noon-tide ikntered round them^ vanisiied at the first breath ol" their adversity ; but one early friend still remained luithlul and aiiection- ate, and that was the defendant. Mr. Blake is a young gentleman of about eight and twenty ; of splendid fortune, polished in his manners, interesting in his appearance, with many qualities to attach a friend, and every quality to fascinate a female. Most willingly do 1 pay the tribute which nature claims for him ; most bitterly do I lameiu that he has been so ungrateful to so prodigal a benefactress. The more Mr. Browne's fortunes accumulated, the more disinter- estedly attached did JMr. Blake appear to him. He shared with him his purse, he assisted him with his counsel ; in an affair of honor he placed his life and character in his liands — he introduced his innocent sister, just arrived from an English Nunnery, into the family of hislriend — he encouraged every reciprocity of intercourse between the females ; and, to crown all, that no possible suspicion migiit attach to him, he seldom travelled without his Domestic Chaplain 1 Now, if it shall appear that all tliis was only a screen for his adultery — that he took advantage of his iriend's misfortune to seduce the wife of liis bosom — that he affected confidence only to betray it — that lie perfect- ed the wretchedness he pretended to console, and that in the midst of poverty he has left his victim, friend- less, hopeless, companionless ; a husband without a wife, and a father without a child. Gracious God ! is it not enough to turn Mercy herself into an execution- er ? You convict for murder — here is the hand that murdered innocence ! You convict for treason — here BROWNE v. BLAKE. 193 is the vilest disloyalty to friendship ! You convict for robbery — here is one who plundered virtue of her dearest pearl, and dissolved it, even in the bowl that hospitality held out to him ! ! They pretend that he is innocent! Oh effrontery the most unblushhig! Oh vilest insult, added to the deadliest injury ! Oh base, detest- able and damnable hypocrisy ! Of the final testimony it is true enough their cunning has deprived us : but, under Providence, I shall pour upon this baseness such a flood of light, that I will defy, not the most honour- al>le man merely, but the most charitable skeptic, to touch the holy Evangelists, and say, by their sanctity, it has not been committed. Attend upon me, now, gentlemen, step by step, and with me rejoice that, no matter how cautious may be the conspiracies of guilt, there is a Power above to confound and to discover them. On the 27th of last January, Mary Hines, one of the domestics, received directions from Mrs. Browne, to have breakfast ready very early on the ensuing morn- ing, as the defendant, then on a visit at the house, ex- pressed an inclination to go out to hunt. She wasf accordingl}' brushing down the stairs at a very early hour, when she observed the handle of the door stir, and fearing the noise had disturbed her, she ran hasti* ly down stairs to avoid her displeasure. She remained below about three quarters of an hour, when her mas- ter's bell ringing violently she hastened to answer it. Ke asked her in some alarm where her mistress was. Naturally enough astonished at such a question at such an hour, she said she knew not, but would go down and see whether or not she was in the parlour. Mr. Browne, however, had good reason to be alarmed, for she was so extremely indisposed going to bed at niglit, that an express stood actually prepared to bring med- ical aid from Galway, unless she appeared better. An unusual depression both of mind and body preyed upon Mrs, Browne on the preceding evening. She 194 SPEECH IN THE CASE OF frequently burst into tears, threw her arms around her husband's neck, saying that she was sure another month would separate her for ever from him and her dear children. It was no accidental omen. Too sure- ly the warning of Providence was upon her. When the maid was going down, Mr. Blake appeared at his door totally undressed, and in a tone of much confu- sion desired that his servant should be sent up to him. She went down — as she was ai)out to return from her ineffectual searcli, she heard her master's voice in the most violent indignation, and almost immediately after Mrs. Browne rushed past her into the parlour, and hastily seizing her writing desk, desired her instantly to quit the apartment. Gentlemen, I request yon will bear every syllable of tliis scene in your recollection, but most particularly the anxiety about the writing dak. You will soon lind that there was a cogent rea- son for it. Little was the wonder that Mr. Browne's tone sliould i)e that of violence and indigjiation. He had discovered his wife and friend totally undressed, just as they had escaped from the guilty bed-side, where they stood in all the shame and horror of their situation! lie shouted for her brother, and that mise- rable brother had the agony of witnessing his guilty sister in the bed-ro<;m of her paramour, both almost literally in a state of nudity. Blake ! Blake I exclaim- ed the heart-struck husband, is this the return }^ou have made for my h.ospitality ? — Oh, heavens ! what a re- proach was there ! It was not merely, you have dis>- honoured my bed — it was not merely, you have sacri- ficed my happiness — it was not merely, you have widowed me in my youth, and left me tiie father of an orphan family — it was ne sure ; but tjvreck of all, the friend of his bosom should be at least indemnified. It was my impression, indeed, that un- der a lease of this nature, amongst honourable men, so far from any unwarrantable privilege created, there was rather a peculiar delicacy incumbent on the donor. I should have thought so still, but for a frightful ex- pression of one of the counsel on the motion by which they endeavoured not to trust a Dublin jury with this issue. " What,*' exclaimed they, in all the pride of their execrable instructions, '' a poor plaintifi" and a rich defendant ! Is there nothing in that ?'' No, if my client's shape does not belie his species, there is noth- ing in that. I braved the assertion as a calumny on human nature — I call on you, if such an allegation be repeated, to visit it with vindictive and overwhelming damages. I would appeal, not to this civilized assem- bly, but to a horde of' savages, whether it is possible for the most inhuman monster thus to sacrifice to in- famy his character — his wife — his home — his children! In the name of possibility, I deny it; in the name of humanity, I denounce it; in the name of our common country, and our common nature, I implore of the learned counsel not to promulgate such a slander upon j)oth — but I need not do so ; if the zeal of advocacy should induce them to the attempt, memory would ar- ray their happy homes before them — their little child- len would lisp its contradiction — their love — their hearts — their instinctive feelings as fathers and as husr- BROWNE V, BLAKEr 20 J [)ands, would rebel within them, and wither up the liorrid blasphemy upon their lips. They will find it difficult to palliate such turpitude — I am sure I find it difficult to aggravate. It is in itself a hyperbole of wickedness. Honour, innocence, religion, friendship — all that is sanctified or lovely or endearing in creation. Even that hallowed, social, shall I not say indigenous virtue — that blessed hospi- tality, which foreign envy could not deny, or foreign robbery despoil — which, when all else had perished, cast a bloom on our desolation, flinging its rich foliage over the national ruin, as if to hide the monument, while it gave a shelter to the mourner — even that withered away before that pestilence ! But what do I say! was virtue merely the victim of this adulterer? Worse, worse — it was his instrument — even on the broken tablet of the decalogue did he whet the dag- ger for his social assassination. — What will you say, when I inform you, that a few months before, he went deliberately to the baptismal font with the waters of life to regenerate the infant that, too well could he avouch it, had been born in sin, and he promised to teach it Christianity ! And he promised to guard it against '• the flesh !*' And lest infinite mercy should overlook the sins of its adulterous father, seeking to make his God his pander, he tried to damn it even with the Sacrament ! ! — See then the horrible atrocity of this case as^it touches the defendant — but how can you count its miseries as attaching to the plaintiff! He has suffered a pang the most agonizing to human sensibility — it has been inflicted by bis friend, and in- flicted beneath his roof — it commences at a period which casts a doubt on the legitimacy of his children, and to crown all, '• upon him a son is born"' even since the separation, upon whom every shilling of his es- tates has entailed by settlement ! What compensa- tion can reprise so unparalleled a sufferer? What sol- itary consolation is there in reserve for h:ii\ ? Is it Icve^ R3 ''202 SPEECH IN THE CASE Oil' Alas there was one whom he adored with all the Jieart's idolatry, and she deserted him. Is it friend- ship ? There was one of all the world whom he trust- ed, and that one betrayed him. Is it society ? The smile of others' happiness appears but the epitaph of his own. Is it solitude ? Can he be alone while mem- ory striking on the sepulchre of his heart, calls into existence the spectres of the past. Shall he fly for refuge to his ^'^ sacred home l'' Every object there is eloquent of his ruin ! Shall he seek a mournful solace in his children ? Oh, he has no children — there is the little favourite that she nursed, and there — there — even on its guileless features — there is the horrid smile of the adulterer ! ! Oh Gentlemen, am I this day only the Counsel of my client ! no — no — I am the advocate of humanity — of yourselves — your homes — your wives — your families — your little children ; I am glad that this case exhibits such atrocity, unmarked as it is by any mitigatory feature. It may stop the frightful advance of this calamity ; it will be met now and marked with vengeance ; if it be not, farewell to the virtues of your country ; farewell to all confidence between man and man ; farewell to that unsuspicious and reciprocal tenderness without which marriage is but a consecra- ted curse ; if oaths are to be violated ; laws disregard- ed; iriendship betrayed; humanity trampled; na- tional and individual honour stained ; and that a jury of fathers and of husbands will give such miscreancy a passport to their homes and wives and daughters; farewell to all that yet remains of Ireland ! But I will not cast such a doubt upon the character of my coun- tr\^ Against the sneer of the foe, and the scepticism of the foreigner, I will still point to the domestic vir- tues, that no perfidy could barter, and no bribery can purchase ; that with a Roman usage,at once embellish and consecrate households, giving to the society of •lie hearth all the purity of the altar : that lingering BROWNE V, BLAKE. 203 alike in the palace and the cottage, are still to be found scattered over this land, the relic of what she was ; the source perhaps of what she may be ; the lone, and stately, and magnijficent memorials, that rearing their majesty amid surrounding ruins,serve at once as the land-marks of the departed glory, and the models by which the future may be erected. Preserve those virtues with a vestal fidelity ; mark this day, by your verdict, your horror at their profa- nation, and believe me, when the hand which records that verdict shall be dust, and the tongue that asks it, traceless in the grave, many a happy home will bless its consequences, and many a mother teach her little child to hate the impious treason of adultery. •^- i SPEECH OF MR. PHILLIPS^ IN THE CASE OF FITZGERALD v, KERR. Mil Lord, and you, Gentlemen of the Jury, You have already heard the nature of this actioia, and upon me devolves the serious duty of stating the circumstances in which it has originated. Well in- deed may I call it a serious duty, whether as it affects the individuals concerned, or the community at large. It is not merely the cause of my client, but that of so- ciety, which you are about to try ; it is your own question, and that of your dearest interests; it is to decide whether there is any moral obligation to be respected, any religious ordinance to be observed, any social communion to be cherished ; it is, whether all the sympathies of our nature, and all the charities of our life, are to be but the condition of a capricious compact which a demoralized banditti may dissolve, just as it suits their pleasure or their appetite. Gen- tlemen, it has been the lot of my limited experience, to have known something of the few cases which have been grasped by our enemies as the pretext far our depreciation, and I can safely say, that there was scarcely one which, when compared with this, did not 206 SPEECH IN THE CASE OF sink into insignificance. They had all some redeem- ing quality about them — some casual and momentary acquaintance — some taint of conjugal infidelity — »ome suspicion ol conjugal connivance — some unpre- meditated lapse ofsc.me youthful impulse, if not to justify /at least to apologize,or to palliate. But, in the case befijre you, the friendship is not sudden, but he- reditary ; the sufferer is altogether spotless ; the con- Rivance is an unsuspecting hosp-tal'ty ; and so far from having youth to mitigate, the criminal is on the very verge of existence, forcing a reluctant nature in- to lust, by the mere dint of artificial stimulants, and struggling to elicit a joyless flame from not even the embers, but the ashes of expiring sensuality. One eircun)stance — one solitary circumstance can I find for consolation, and that is, that no hireling defamer can make this the source of accusation against our country: an Irishman indeed has been the victim, and this land has been the scene of the pollution, but here we stop : its perpetrators, thank Heaven, are of distant lineage: the wind of Ireland has not rocked their hifancy : they have imported their crimes as an experiment en our people, — meant perhaps to try how fi\Y vice may outrun civilization — how far our ca- lumniators may have the attestation of Irish fathers, and of Irish husbands, to the national depravity : you will tell them they are fatally mistaken ; you will tell a world incredulous to our merits, that the parents of Ireland love their little children ; that her matron's smile is the clieerfulness of innocence; that her doors are open to every guest but infamy ; and that even in that fatal hour, when the clouds collected, and the tempest broke on us, chastity outspread her spotless wings^ and gave the household virtues a })rotection. When I name to you my unhappy client, I name a gentleman upon whom, here at least, J need pass no culogium. To me, Mr. Fitzgerald is only known by iiis rai^fortunes ; to you, his birth, his boyhood, und FITZGERALD V* KERR. 2Q7 vip to man's estate, his residence, have made himlong familiar. *' This is his own, bis native land.' And here, when I assert him warm and honourable — spirited and gentle — a man, a gentleman, and a Christian, if I am wrong, I can be instantly confuted ; but if I am right, you will give me the benefit of his virtues — he will be heard in this his trial hour with a commiserating sympathy by that morality whose cause he is the advocate, and of whose enemy he is the victim. A younger brother, the ample estates of his family devolved not upon him, and he was obliged to look for competence to the labours of a profession. Unhappily for him he chose the army — I say unhap- pily, because, inspiring him with a soldier's chivalry, it created a too generous credulity in the soldier's hon- our. In the year 1811, he was quartered with his re- giment in the Island of Jersey, and there he met Miss Breedone,the si^ter-iu-law of a brother officer, a Maj. Mitchell of tli^ artillery, and married her. She was of the age of fifteen — he cf four-and-twenty : never was there an union of more disinterested attachment. She had no fortune, and he very little, independent of his profession. Gladly, gentlemen, could I pause here — gladly would I turn from what Mrs. Fitzgerald is., to what she then was : but I will not throw a mourn- ful interest around lier, for well I know, that in des- pite of all her errors, there is one amongst us who, in his sorrow's solitude, for many a future year of mise- ry, will turn to that darling though delusive vision., till his tears shut out the universe. He told me in- deed that she was lovely ; l)ut the light that gave the gem its brilliancy has vanished. — Genuine loveliness consists in virtue — all else is fleering and perfidious : it is as the orient dawn that ushers in the tempest — it is as the green and flowery turf. ]>eneath w hich the 208 SPEECH IN THE CASE OF earthquake slumbers. In a few months my dient im- troduced her to his family, and here beneath the roof of his sister, Mrs. Kirwin, for some years ihey lived most happily. You shall hear, as well from the in- mates as from the habitual visitors, that there never was a fonder, a more doting husband, and that the af- fection appeared to be reciprocal. Four infant babes, the wretched orphans of their living parents — doubly orphaned by a father's sorrows and a mother's shame — looked up to them for protection. Poor little inno- cent unheeding children, alas ! they dream not that a world's scorn shall be their sad inheritance, and mise- ry their handmaid from the cradle. As their family increased, a separate establishment was considered necessary, and to a most romantic little cottage on the estate of his brother, and the gift of his friendship, Mr. Fitzgerald finally removed his household. Here, gentlemen, in this sequestered residence,blest with the woman whom he loved, the children he ador- ed, with a sister's society, a brother's counsel, and a character that turned acquaintance into friendship,he enjoyed delights of which humanity, I fear, is not al- lowed a permanence. The human mind, perhaps, cannot imagine a lot of purer or more perfect happi- ness. It was a scene on which ambition in its laurel- ed hour might look with envy ; compared with which the vulgar glories of the world are vanity ; a spot of such serene and hallowed solitude,that the heart must have been stormy and the spirit turbid, which its charmed silence did not soothe into contentment. Yet, even tliere, lielFs emissary entered; yet even hence the present god was banished ; its streams were poisoned, and its paths laid desolate : and its blossoms, blooming with celestial life, were withered into garlands for the tempter ! How shall I describe the hero of this triumph ? Is there a language that has wji'ds of fire to parch whate'er they light on ? Is there a phrase so potently ealamitous that its kind- FITZGERALD V» KERR. 209 ntas freezes and its blessings curse? But no; if you must see him, go to my poor client, upon whose breaking heart he crouches like a dcenion ; go to his dead lather's sepulchre — the troubled spirit of that early friend will shriek his maledictory description ; go to the orphan infant's cradle, without a mother's foot to rock, or a sire's arm to shield it — its wordless cries will pierce you with his character; or, hear irom me the poor and impotent narration of his prac- tices — hear hov/ as a friend he murdered confidence- how as a guest he violated hospitality — liow as a *roldier he embraced pollution — how as a man he rushed to the perpetration, not merely of a lawless, but an unnatural enjoyment, over every human bliss, and holy sacrament, and then say whether it is in mortal tongue to epitomize those practices into a char- acteristic epithet ! He is, you know, gentlemen, an officer of dragoons, and about twenty years ago was in that capacity quartered in this county. His own tnanners, miposing beyond description, and the habit- ual hospitality of Ireland to the military, rendered his society universally solicited. He was in every liouse, and welcomed every where : nor was there any board more bountifully spread for him, or any courtesy more warmly extended, than that which he received from the family at Oakiands. Old Mr. Fitz- gerald was then master of its hereditary mansion, his eldest son just verging upon manhood, mid my client but a school boy. The acquaintance gradually grew into intimacy, the intimacy ripened into friendship, and the day that saw the regiment depait, was to his generous host a day of grief and tribulation. Year after year of separation followed. Captain Kerr es- caped the vicissitudes of climate and the fate of war- fare ; and when, after a ti?dious interval, the chances of service sentliim back to Mayo, he found that trnie had not been indolent. His ancient friend was j.n e, better world, his old acquaintance in his fath- 210 SPEECH IN THE CASE OF ers place, and the school-boy Charles, an husband and a parent in the little cottage of which you have heard already. A family affliction had estranged Colonel Fitzgerald from his paternal residence — it was by mere chance, while attending the assizes' duty, he re- cognized in one of the officers of the garrison the friend with whom his infancy had been familiar. You may easily guess the gratification he experien- ced — a gratification mingled with no other regret than that it was so soon to vanish. He was about to dissipate by foreign travel the melancholy which preyed on him, and could not receive his friend with personal hospitality. Surprised and delighted, how- ever, he gave him in a luckless hour a letter of courte- sy to my client, requesting from him and his brother- in-law, 3Ir. Kirwan, every attention in their power to ]3estow. And now, gentlemen, before I introduce him to the scene of his criminality, you shall have even the faint unfinished sketch which has been given me of his character. Captain Kerr of the Royals is very near sixty ; he is a native of Scotland; he has been all his life a military ofiicer ; in other words, to the advantage of experience and the polish of travel, lie adds what Lord Bacon calls that ^' left-handed wisdom," with which the thrifty genius of the Tweed has been said to fortify her children. Never, I am told, did there emigrate even from Scotland, a man of more ability, or of more cunning — one whose ad- dress was more capable of inspiring confidence, or whose arts were better calculated to lull suspicion : years have given him the caution of age, without ex- tinguishing the sensibilities of yout)^ ; nature made liim romantic, navity made him frugal, and half a century has now matured him into a perfect model of thrifty sentiment and amorous senility ! I shall not depict the darker shades with which to me this por- traiture has been deformed ; if they are true, may God forgive him : his own heart can alone supply the FITZGERALD V. KERR. 211 pencil witli a tint black enough to do them justice. His first visit to Oaklands was in company with a Major Brown, and he at once assumed the a^r »f one rather renewing than commencing an acquaintance : the themes of otiier days were started — the happy scenes in which a parent's image mingled were all spread out before a filial eye, and when, too soon, their visitor departed, he left not behind him the mem- ory of a stranger. He was as one whose death has been untruly rumoured — a long lost and recovered intimate, dear for his own deserts, and dearer for the memory with which he was associated. Gentlemen, I have the strongest reasons for believ- ing that even at this instant the embryo of his base- ness was engendering, — that even then, when his bu- ried friend stood as it were untombed before him in the person of his offspring, the poisonseed was sow% within the shade of whose calamitous maturity nothing of humanity could prosper. I cannot toil through the romantic cant witli which the hypocrite beguiled this credulous and unconscious family, but the concluding sentence of his visit is too remarkable to be omitted. '' It is," said he, awaking out of a reverie of admira- tion, " it is all a paradise : there (pointing to my cli- ent), there is Adam — she (his future victim), she is Eve — and that (turning to Major Brown), that is the devil !" Perhaps he might have been more felicitous in the last exemplification. This of course seemed but a jest, and raised the laugh that was intended. But it was ^•' poison in jest," it was an " lago prelude," of which inferior crime could not fancy the conclu- sion. Remember it, and you will find that, jocular as it was, it had its meaning — that it was not, as it purported, the jocularity of innocence, but of that murderous and savage nature that prompts the In- dian to his odious gambol round the captive he has destined to the sacrifice. The intimacy thus com- menced. waS; on the part of the defendant; su'ictly 212 SPEECH IN THE CASE Oi' cultivated. His visits were frequent — liis attention? indefatigable — his apparent interest beyond doubt, beyond description. You may have heard, my Lord, that there is a class of persrons who often create their consequence in a family by contriving to become mas- ter of its secrets. An adept in this art, beyond all rivalry, was Captain Kerr — not only did he discover all that hud reality, but he fabricated whatever ad- vanced his purposes, and the confidence he acquired was beyond all suspicion from the sincerity he assum- ed and the recollections he excited. Who could doubt the man who writhed in agony at every wo, and gave with his tears a crocodile attestation to the veracity of his invention ! I'rom tlie very outset of this inost natural though ill-omened introduction, his only object was discord and disunion, and in the accom- piisliment he was but too successful, liow could he be otherwise ? He seized the tenderest passes of the human heart, and ruled them with a worse than wiz- ard despotism. Mrs. Fitzgerald was young and beautiful — her husband affectionate and devoted — he thirsted for the possession of the one — he deter- mined on his enjoyment, even through the perdition of the other. The scheme by which he eftected this — a scheme of more deliberate atrocity perhaps you never heard ! Parts of it I can relate, but there are crimes remaining, to which even if our law annexed a name, I could not degrade myself into the pollution of alluding. The commencement of his plan was a most ostentatious affection for every branch of the Fitzgerald family. The welfare of my client — his seclusion at Oaklands — the consequent loss of fortune and of fame, were all the subjects of his minute solici- tude ! It was a pity forsooth that such talents and such virtues should defraud the world of their exercise — ^ he would write to General Hope to advance him — he would resign to him his own paymastership — in short ^iiere was ho persona) j no pecuniary aaciiflcQ wliicK MTZGfERALD V. KERK. 213 he was not eager to make, out of the prodigahty of his friendship! Tlie young, open, warm-hearted Fitz- gerald, was caught by this hypocrisy — the sun itself was dark and desultory compared with the steady splendour of the modern Fabricius, It followed, gen- tlemen, as a matter of course, that he was allowed an almost unbounded confidence in the family. His friendly intercourse with Mrs. Kirwan — his equally friendly intercourse with Mrs. Fitzgerald, the husband of neither had an idea of misinterpreting. In the mean time the temper of Mrs. Fitzgerald became per- ceptibly embittered — the children, about whom she had ever been alTectionately solicitous, were now neg- lected — the ornamenting of the cottage, a favourite object also, was totally relinquished — nor was this the worst of it. She became estranged from her husband — peevish to Mrs. Kirwan — her manner evincing constant agitation, and her mind visibly m>addened by some powerful though mysterious agency. Of this change, as well he might. Captain Kerr officiously proclaimed himself the discoverer — with mournful affectation he obtruded his interference, volunteering the admonitions he had rendered necessary. You can have no idea of the dexterous duphcity with which he acted. To the unfortunate Mrs. Fitzgerald he held up the allurements with which vice conceals and decorates its deformity — her beauty^ her talents, the triumphs which awaited her in the world of London^ the injustice of concealment in her present solitude, were the alternate topics of his smooth-tongued ini- quity, till at length exciting her vanity, and extin- guishing her reason by " spells and drugs and accur- sed incantations,'' he juggled away her innocence and her virtue ! To the afflicted Mrs, Kinvan he was ail affliction, vveeping over the propensities he affected to discover in his wretched victim, detailing atroci- ^es he had himself created, defaming and de.gi'ading the guilty dupe of his artifices, and counselling ilw? S2 214 SPEECH IN THE CASE OF instant separation which was to afford him at onc& impunity and enjoyment. Trusted by all parties^ he was true to none. Every day maligning Mrs* Fitzgerald to the rest of the family ; when it came to her ears, he cajoled her into the belief that it v/as quite necessary he should appear her enemy, that their secret love might be the less suspected ! Impos- ing on Mrs. Kirwan the fabricated tale of Mrs. Fitz- gerald's infamy, he petrified her virtuous mind be- yond the possibility of explanation ! With Captain Fitzgerald he mourned over his woes, enjoining si- lence while he was studiously augmenting them. To Colonel Fitzgerald he wrote ktters of condolence and commiseration, even while the pen of his guilty correspondence with his sister-in-law was wet ! Do I overstate this treachery ? Attend not to me — listen to his own letters— the most conclusive illustrations of his cruehy and his guilt. Thus, gentlemen, he writes to Col. Fitzgerald, apprising him of the result of his introduction. " I have been much with your family and friends — it is unnecessary for me to say how happy they have made me — I must have been very misera- ble but for their society — I have been received like a brother, and owe gratitude for life to every soul of them. They have taught me of what materials aa Irishman's heart is made — but alas ! I have barely acknowledgment* to offer." Now judge what those acknowledgments were by this extract from his letter to Mrs. Fitzgerald : "Your conduct is so guided by excessive passion, that it is impossible for me to trust you. I think the woman you sent mean« to betray US both;, and nothing on earth can make me think the contrary — but rest assured I shall act with that cau- tion which will make me impenetrable. I would wish to make you really happy, and if you cannot be as respectable as you have been, to approach it as near as poss4ble. I never cease tliinking of you and >'.aux advantage. Trust but to me — obey my advice FITZGERALD V, KERR. * 215 and you will gain your wishes : but you shall im- plicitly obey me, or I quit you for ever !" Mark again his language to the Colonel : ^' I must confess the fate of your brother Charles I most dreadfully lament — look to the fate of a man of his age, and so fine a fellow, pinned down in this corner of the world, unno- ticed and unknown. Yet what is the use of every quality, situated as he is — his regrets are his own, they must be cutting — his prospects with so young and inexperienced a family, they dare hardly be looked to, and to these if you add ambition and affections, can you look on without pitying a brother ? This earth indeed would be an Heaven could a good man execute what he proposes — the heart of many a good man dare not bear examina- tion, because his actions and resolutions are so much at variance. Bear with me, Tom — the children of Col. Fitzgerald are my brothers and sistei-s, and may God so judge me as I feel the same kind of affection for them." Contrast that, gentlemen, with the fol- lowing paragraph to the wife of one of those very brothers, the unfortunate Charles, arranging her elopement ! " For the present remain where you are, but pack up all your clothes that you have no present occasion for — you can certainly procure a chest of some kind — if your w^omanis faithful she can manage the business — let her take that chest to Castlebar, and let her send it to me; but let her take care that the carrier has no suspicion from whence it comes — stir not one step without my orders — obey me implicitly, unless you tell me that you care not for me one pin — in that case manage your own affairs in future, and see what comes of you!" Thus, gentlemen, did this Janus-fronted traitor, abusing Mrs. Kirwan by fabri- cated crimes — defaming Mrs. Fitzgerald by previous compact — confiding in all — extorting from all and betraying- all — on the general credulity and the gen- eral deception found the accomplishment of his odious 216 SPEECH IN THE CASE OP purposes ! There was but one feature wanted to make his profligacy peculiar as it was infamous. It had the grand master touclies of the dcemon, the outhnes of gigantic towering deformity, perfidyj aduUery, in- gratitude, and irreligion, flung in the frightful energy of their combination : but it wanted something to make it despicable as well as dreadful ; some petty, narrov/. grovelling meanness that would dwarf down the terrific magnitude of its crime, and make men scorn \vhile they shuddered ; and it wants not this. Only think of hini while he was tlu\9 trepanning, be- traying, and destroying, actually endeavouring to wheedle tbe family into the settlement of an annuity on liis intended prostitute. Yoi» shall have it from a witness — you shall have it from his own letter, where he says to Mrs. Fitzgerald, " where is your annuity ? I dare say you will answer me you are perfectly indif- ferent ; but believe me I am not." Oh, no, no, no — the seduction of a mother — the calamity of a husband — the desolation of a household — tiie utter contempt of morals and religion — the cold-blooded assassina- tion of character and of happiness, were as nothing compared to the expenditure of a shilling — he paused not to consider tlie ruin he was inflicting, but the ex- pense he was incurring — a prodigal in crime; a miser in remuneration — he brought together the licentious- ness of youth and the avarice of age, calculating on the inheritance of her plundered infants to defra}^ the harlotry of their prostituted mother ! Did you ever hear of turpitude like this ? Did you ever hear of such brokerage in iniquity ? If there is a single circum- stance to rest upon for consolation, perhaps, however, it is in the exposure of his parsimmiy. He has shown where he can be made to feel, and in the very com- mission of his crime, providentially betrayed the only accessible avenue to his punishment. Gentlemen of the jury, perhaps some of you are wondering why it Is lliat I have so studiously abstained from thecontejn- FITZGERALD i\ KERR. 217 plation of my client. It is because I cannot think of him without the most unaffected anguish. It is be- cause, possible as it is for me to describe his suh'erings, it is not possible for you adequately to conceive them. You have home and wife and children dear to you, and cannot fancy the misery of their deprivation. I might as well ask the young mountain peasant, breathing the wild air of health and libert}', to feel the iron of the inquisition's captive — 1 might as well journey to the convent grate, and ask religion's virgin devotee to paint that mother's agony of heart who finds her first-born dead in her embraces ! Their sad- dest vision's Vyould be sorrow's mockery — to be com- prehended, misery must be felt, and he who feels it most can least describe it. What is the world with its vile pomps and vanities now to my poor client ? He sees no world except the idol he has lost — where- e'er he goes^ her image follows him — she fills that I'aze else bent on vacancy — the ^' highest noon" of fortune now would only deepen the shadow that pur- sues him — even " Nature's sweet restorer, balmy sleep,'^ gives him no restoration — she comes upon his dream as when he saw her first in !)eauty's grace and virtue's loveliness — as v,'hen she heard him breathe his timid passion, and blushed the answer that blest him with its return — he sees her kneel — he hears her vow — religion registers what it scarce could chasten, and there, even there, where paradise reveals itself before him, the visionary world vanishes, and wakes him to the hell of his reality. Who can tell the mis- ery of this ? Wlio can ever fancy it that has not felt it ? Who can fancy his sonl-riving endurance while his foul tormentor gradually goaded liim from love into suspicion, and from suspicion into madness ' Alas! " What damned minutes tells he o'er Who doats yet doubt.s — suspects yet strongly lavep.' 218 SPEECH IN THE CASE OF Fancy, if you can, the accursed process by which his atKection was shaken — his fears aroused ; hisjeal- ousy excited, until at last, mistaking accident for de- sign, and shadows for confirmation, he sunk under the pressure of the human vampyre that crawled from his father's grave to clasp h m into ruin ! Just ima- gine the catalogue of petty frniids by which in his own phrase he made himself'' impenetrable" — how he invented — how he exaggerated — how he pledged his dupe to secrecy, while he bUu i^ened the character of Major Brown, with wliom he daily associated on terms of intimacy — how he libelled the wife to the husband, and the husband to the wife — how he wound himself round the very heart of his victim, with every embrace coiling a deadlier torture, till at last he drove him for refuge in the woods, and almost to suicide, for a remedy. Now gentlemen, let us concede for a mo- ment the veracity of his inventions. Suppose this woman to be even worse than he represented — why should he reveal it to the unconscious husband ? — All was happiness before his interference — all would be happiness still but for his murderous amity — why should he awake him from his dream of happiness — why should he swindle himself into a reluctant confi- dence for the atrocious purpose of creating discord ? What family would be safe if every little exploded calumny was to be revived, and every ibrgotten em- ber to be fanned into conflagration ? Is snch a char- acter to be tolerated in the community? But even this insolent defence is wanting — you will find that self was his first and last and sole consideration — you will find that it was he who soured this woman till she actually refused to live any longer under the roof with her husband and her children — you will find that in the midst of his counsel, his cant, and his sen- sibility, he himself was the profligate adulterer — you will find thai he ruled her with a rod of iron — you will fi«d that having once seduced her into crime, he FITZGERALD V, KERR. 219 compelled her to submit to degradation too loathsome for credulity, if it was not too monstrous for inven- tion — you will find that his pretence for enforcing this disgusting ordeal was a doubt of her previous in- nocence, which it alone, he asserted, could eradicate — you will find her on her knees, weeping, almost fainting, ofiering oaths upon oaths to save herself from the pollution — and you will find at last, when exhausted nature could no longer struggle, the foul adulterer actually perpetrating — but no — the genius of our country rises to rebuke me — I hear her say to me — " Forbear — forbear — ^I have sufiered in the field — I have sufiered in the senate — I have seen my hills bedewed with the blood of my children — my di- adem in dust — my throne in ruins — but Nature still reigns upon my plains — the morals of my people are as yet unconquered — forbear — forbear — disclose not crimes of which they are as yet unconscious ; reveal not the knowledge, whose consequence is death/*' I will obey the admonition : not from my lips shall is- sue the odious crimes of this mendicinal adulterer ; not by my hand shall the drapery be withdrawn that screens this Tiberian sensuality from the public exe- cration ! God of Nature ! had this been love, for- getting forms in the pure impetuosity of its passions ; had it been youth, transgressing rigid law and rigid morals ; had it been desire, mad in its guilt and guilty even in its madness, I could have dropped a tear over humanity in silence ; but, when I see age — powerless, passionless, remorseless, avaricious age, dragging its impotence into the capability of crime, and zesting its enjoyment by the contemplation of misery, my voice is not soothed but stifled in its utterance, and I can only pray for you, fathers, husbands, brothers — that the Almighty may avert this omen from your families. Gentlemen of the jury, if you feel as I do, you will rejoice with me that this odious case is near to its 220 SPEECH IN THE CAbE OF conclusion. You will have the facts before ytou — proof of the friendship — proof of the confidence — proof of the treachery, and eye-witnesses of the ac- tual adultery. It remains but to enquire what is the palliation for this abominable turpitude. Is it love ? Love between the tropic and the pole ! Why, he has a daughter older than his victim ; he has a wife whose c;rave alone should be the altar of his nuptials; he is of an age when a shroud should be his wedding _;;-ar?n(Mit. I will not insult you by so preposterous a supposition. Will he plead connivance in the hus- band — that fond, affectionate, devoted husband ? I dare h'm to the experiment ; and if he makes it — it is not to his intimates, his friends, or even to the un- deviating; testimony of all his enemies, that I shall re- fer you for his vindication : but I will call him into court, and in tlie altered mien, and mouldering form, and furrowed cheek of his decaying youth, I will bid you read the proofs of his connivance. But, gentle- nien, he has not driven me to conjecture his palHa- tion ; his heartless industry has blown it tlnough the land ; and what do you think it is ? Oh, would to God I could call the whole female world to its disclosure ! Oh, if there be within our Island's boundaries one hapless maid who lends her ear to the seducer's poi- son — one hesitating matron whose husband and whose children the vile adulterer devotes to des- olation, let them now hear to what the Hattery of Ivice will turn; let them see when they have level- led the fair fabric of their imiocence and their virtue, with wirat remorseless haste their foul destroyer will rush over their ruins ! Will you believe it ? That he Avho knelt to this forlorn creature, and soothed her van- ity, adored her failings, and deified her faults, now justifies the pollution of her person by the defama- tion of her ch;*racter ! Not a single act of indiscre- tion — not an instance, perhaps of culpable levity m her whole life, wluch he has not raked together for the FITZGERALD V, KERR. 221 purpose of publication. Unhappy woman, may Heaven have pity on her ! Alas ! how could she ex- pect that he who sacrificed a friend to his lust, would protect a mistress from his avarice ? But will you permit liim to take shelter under this act of dishonour- able desperation ? Can he expect not even sympathy, but countenance from a tribunal of high-minded hon- ourable gentlemen ? Will not you say, that his thus traducing the poor fallen victim of his ai'tifices, rather aggravates than diminishes the original depravity ? Will you not spurn the monster whose unnatural vice, combining sensuality, hypocrisy, and crime, could stoop to save his miserable dross, by the defamation of his victim ? Will j^ou not ask him by what title he holds this inquisition ? Is it not by that of an adulter- er, a traitor, a recreant to every compact between aaan and man, and between earth and Heaven ! If this heartless palliation was open to all the world, is not he excluded from it ? He her friend — her hus- band's friend — her husband's father's friend — her family adviser^ who quaffed the cup of hospitality, and pledged his host in poison — he who, if you can Ijelieve him, found this young and inexperienced creature tottering on the brink, and, under pretence of assistmg, dragged her down the precipice ! Will he, in the whole host of strangers, with whose famil- iarity he defames her, produce one this day vile enough to have followed his example ; one out of even the skipping, dancing, worthless tribe, whose gallantry sunk into ingratitude^ whose levity sublimed itself into guilt? No, no; ^' imperfectly civilized" as his countrymen have called us, they cannot deny that there is something generous in our barbarism ; that we could not embrace a friend while we were plan* ning his destruction; that we could not sit at his ta- ble while we were profaning his bed ; that we could ^lot preach morality while we were ^perpetrating crime; *nd, above all. if in the moment of oiu' nature's weak- T ^22 SPEECH IN TfiE CASE OF ness, when reason sleeps and passion triumphs, some confiding creature had reUed upon our honour, we could not dash her from us in her trial hour, and for purse's safety turn the cold-blooded assassin of her character. But, my lord, I ask you not as a father — not as a husband — but as guardian of the morals of this country, ought this to be a justification of any adulterer ? And if so, should it justify an adulterer under such circumstances ? Has any man a right to scrutinize the constitution of every female in a family, that he may calculate on the possibility of her seduc- tion ? Will you instil this principle into society ? Will you instil this principle into the army ? Will you dis- seminate such a principle of palliation ? And will you permit it to palliate — what ? The ruin of an household — the sacrifice of a friend — the worse than murder of four children — the most inhuman perfidy to an host, a companion, a brother in arms? Will you permit it ? I stand not upon her innocence — I de- mand vengeance on his most unnatural villany. — Suppose I concede his whole defence to him, suppose she was begrimmed and black as hell, was it for him to take advantage of her turpitude ? He a friend — a guest — a confidant — a brother soldier! Will you jus- tify him, even in any event, in trampling on the rights of friendship, of hospitality, of professional fraternity, of human nature ? Will you convert the man into the monster ? Will you convert the soldier into the foe, from being the safeguard of the citizen ? Will you so defame tlie military character? Will you not fear the reproaches of departed glory? Will you fling the laurelled flag of England, scorched with the cannon flame, and crimsoned with the soldier's life- blood — the Aug of countless fights, and every fight a victory — will you fling it athwart the couch of his accursed harlotry, without almost expecting that the field sepulchre will heave witli life, and tliedrj^ bones of bnried arrpiesrise rc-ar.imale against the profanation I FITZGERALD V. KERR. 22J' No, no ; I call upon you by the character of that ar^ ray not to contaminate its trophies — I call en you in the cause of nature to vindicate its dignity ; I call on you by your happy homes to protect them from pro- fanation — I call on you by the love you bear your little children, not to let this christian Herod loose amongst the innocents. Oh ! as you venerate the reputation of your country — as you regard the hap- piness of your species — as you hope for the mercy of that all-wise and protecting God who has set his ever- lasting canon against adultery — banish this day by a vindictive verdict the crime and the criminal for ever from amongst us. [After a trial which lasted for seventeen hours, the jury fount! a verdict for the plainlilF of fifteen hundred pounds damages, anri M. costs.! SPEECH or MR. PHII^LIPS^ AT THE SLIGO COUNTY MEETING. On Monday the 10th April, there was a large and respectable meeting in the court house, of the gentle- men, clergy, freeholders, and other inhabitants of the county of Sligo, for the purpose of taking into consid- eration an address of condolence to the king on the death of his royal father, and of congratulation to his majesty on his accession to the throne. Wm. Parke^ Esq. high sheriff in the chair. Owen Wayne Esq. moved an address. Major O'Hara seconded the motion. Charles Fhillips Esq. then rose and spoke to the following effect : I am happy, Sir, in having an opportunity of giving* my concurrence both in the sentiment and principle of the proposed address. I think it should meet the most perfect unanimity. The departed monarch de- serves, and justly, every tribute which posterity can pay him. He was one of the most popular that ever swayed the sceptre of these countries. He never for- got his early declaration that he gloried in the name of Briton, and Britain now reciprocates the sentiment; and glories in the pride of his nativity. He sras, in- deed, a true born Englishman — brave, generous^ be- T2 22& SPEECH uevolent and manly — in the exercise of his s-k^j ami the exercise of his virtues so perfectly consistent that it is difficult to say whether as a man or sovereign he is most to be regretted. He commenced t'ov the Cath- ohc a conciliatory system — he preserved for the Pro- testant the inviolability of the constitution — he gave to both a great example m ^he toleration of his prin- ciples, and the integrity of his practice^. The histori- an will dwell with delight upon those tapics. He will have little ta censure and much to comn>end. He will speak of arts^ raaiiufactures,. literature encoura- ged — he will Unger long among those private virtues which wreathed themsekes around his public station. — which id&utified his domestic with his magisterial ome to the bosom of every man amongst us — they descend from the throne, they mingle with the fire- side, they connnaud more than majesty often can, not only the adnnration but the sympathy of mankind.. Nor may we forget, independent of his most virtuous^ example in private Jifcv the vast public bensfits, which,. as a king, his reign coiaferred upon the country — the liberty #' the pre f;^, gHaranteed,.a&far as reason can- require it, and only restrained so as to pre\ ent its run- ning into licentiousness. — the trial by jury fully defin- ed and firmly csta^jli^fied' — the independence of the Berich Tcauniauiiy conceded, wlrich deprived the ex- eciitive of a^ powerful mui possible instrmTient, and- •ested the riohts and' ^jfopeity- and' privilege of the ^•eople j,a the iiitcgritT of a now. loiassaJlahfe tribunal- AT SLIGO. 227 Tfrese are acts vthich we should register in owr Trearts ; they should canonize the memory of the njtjnarch ; they maer in our estimate of his charsBCter forget the eomplexiou of the times in whicii he hved ; times of portent and prodigj-^ enough to perplex the comicil of the wisej and daunt the vai- our of the waiTior ; — ins such extremities^ exj:»erience becomes an infant^ and calculation a contingency. From the temffic chaos of the French revohition, a comet rose and hlazed athwart our hemisphere, too splendid not to aUure^ too ominous not to intimidate, too rapid &nd too eccentric for human speculation. The whole continent becarRe absorbed in wonder ; kings and statesmen and- sages fefi down aadworship- pedj and thepoliticaf oi"bs^ which bad hitiiefto circled in harmony and peace, hurried from our system into i[fe train of its couHacrration. There was no order in politics; no consistency in morals^ no steadfastness in religion. Vice prevailed and impious n>en bore swnr, Upon. ti>e tottering throne th^ hydra of demoerac^ sat grinning ; upon the ruined ahar a "^vretched pros- titute received devotion, and v.avcd in mockejy tiie ^'jiirning cross over the prostrate mummers of the new philosophy! All Europe appeared sjifeE-hound ; nor Mke a vulgai* spell did it perisli in the waters. It crossed the channel. There were i70t wanting m fCngland ahundance of anarchists to denounce the King, and of iuiideis to^ adjure the Deity; turbulenl demagogues who made the abused name of freedom, the pretence for their own factious sehisliRess; athe^ "ists Foeking to foe v^orsliipp^d, i-epublicai^js locking to he cro\rned ; the nobles of" the Imid were jiroscriTseJ 1):y antic ipatioD.. aiud- tliei^ property pautitLoued by the 22S SPEECH disinterested patriotism of these Agrarian speculators. What do you think it was during that awful crisis which saved England from the hellish Saturnalia which inverted France ? Was it the prophetic inspiration of Mr. Burke? The uncertain adhesion of a standing army ? The precarious principles of our navy at the Nore ? Or the transient resources of a paper curren- cy ? Sir, I believe in my soul this empire owed its sal- vation during that storm to the personal character of of the departed sovereign. When universal warfare was fulminated against monarchy, England naturally turned to its representative at home, and what did she find him ? Frugal, moral, humane, religious, benevo- lent, domestic ; a good father, a good husband, a good man, rendered the crown she gave him still more loy- al, and not only preserving but purifying the trusts she had confided. She looked to his court, and did her morality blush at the splendid debauchery of a Ver- sailles ? Did her faith revolt at the gloomy fanaticism of an Escurial ? Far from it. She saw the dignity which testified her sway tempered by the purity which characterised her worship ; she saw her diadem glow- ing with the gems of empire, but those gems were illumined by a ray from the altar ; she saw that aloft an his triumphal chariot her monarch needed not the raomcnto of the repubhcan ; he never for a moment forgot that " he was a man.'' Sir, it would have been a lot above the condition of humanity, if his meas- ures had not sometimes been impeached by party. But in all the conflicts of public opinion as to their policy, wlio ever heard an aspersion cast upon his mo- tives ? It is very true, had he followed other councils^ events might have been different, but it is also well worth while to notice, would our situation have been improved ? Would Great Britain ret^'olutionized, have given her people purer morals, more upright tribu- nals, more impartial justice, or more "perfect free- dom" than they now pai'ticipate ? Did tlie murder gf AT SLiao. 22& twenty years of military sway, procure for France iier prelates, her nobility, and her king, followed by more popular privileges than those of which we have been in undisturbed possession ? Was the chance of some problematical improvement worth the contin- gencies ? Should we surrender a present practical re- ality for the fantastic scheme of some Utopian theorist? Ought we to confound a creation so regular and so lovely for the visionary paradise that chaos might re- veal to us ? The experiment has been tried, and what has been the consequence ? Look to the continent at this moment. Its unsettled governments ! its pertur- bed spirit ! its pestilential doctrines ! Go to the tomb of Kotzebue ; knock at the cemetery of the Bour- bons ; providentially I have not to refer to your own murdered cabinet ; you will find there how much ea- sier it is to desolate than to create ; how possible it is to ruin ; how almost impracticable to restore. Even in a neighbouring county in your own island,, look at the enormous temptation which has been of- fered in vain to its impoverished peasantry to induce them — to what ? Why merely to surrender a murder- ous assassin well known to have been one of a numer- ous association. Do you think such principles are natural to our people ; Do you not think they are the result of system ? Which do you beheve, that such a sickening coincidence both at home and abroad.is mi- raculous or premeditated ? Sir, there is but one solu- tion. You may depend upon it, the gulf is not yet closed whence the dreadful doctrines of treason, and assassination, and infidelity have issued. Men's minds are still feverish and delirious, and whether rhey nickname the fever illumination in Germany, lib- erality in France, radicalism in England, or by some more vulgar and unmeaning epithet at home, they are all children of the same parent; all so many com- mon and convulsive indications of the internal vitali-: tv of the revolutionarv volcano. Sir, I am not now to 230 SPEECH learn that those opinions are unpalatable to certain ul- tra patriots of the hour. I declared them before, and I now reiterate them still more emphatically, because they have expressed a very imprudent surprise that such opinions should proceed from me. Sir, if they mean to insinuate that I ever approved the practice or professed the principles of their infamous fraternity, ihey insinuate a base, slanderous, and malignant false- hood. I hold it to be the bounden duty of every honest man who ever pronounced a liberal opinion, to come forward and declare his abhorrence of such doctrines. What! because I am liberal, must I be- come rebellious ? because I am tolerant, must I re- nounce my creed ? They have mistaken me very much. Though I would approve of any rational, practicable reform ; though I would go very far upon the road of liberality, I would not move for either, no, not one single inch,unless loyalty and religion were to bear me company. I know not what they mean by their •^ Radical Reform," unless they mean to uproot the Throne, the Altar, and the State. I do not believe their chimera of annual parliaments and universal suffrage. I prefer a legislature comprising the wealth, the talent and the education of the realm, to a radi- cal directory of shoeless coblers, and shopless apoth- ecaries. I fly for protection to my king, and for con- solation to my God, from the lawless, creedless, mur- derous, blasphemous banditti, who postpone them both to the putrid carcase of an outlawed infidel. Denounce me if you choose. I v,'0Lild sooner die to- morrow beneath the dagger of your hate, than live in the infectious leprosy of your friendship. My fellow- countrymen, it is high time to pause. Our very vir- tues by excess, may become vices. Let us aid the ag- grieved, but let us not abet the assassin; let us toler- ate the sectarian, not countenance the infidel ; let us promulgate, if we can, an universal good, without shaking the basis of our social system, or the blessed AT SLIGO. 231 tbundatien of our eternal hope. My own sentiments, as to the most Hmited toleration of all sects of Chris- tians, you are not now, for the first time,to be made ac- qaainted with. I know that many good men, and many much abler men, dissent from me ; and while I give them full credit on the score of sincerity, I only seek the same concession for myself. I would open the gates of constitutional preferment to all my fel- k)w subjects of every religious creed, wide as I ex- pand to them the affections of my own heart. It is in my mind but fair, that he who protects a state should receive a reciprocity of privileges ; that no man should be made familiar with its burthens, and at the same time be told he must remain a stranger to its benefits. This is an humble but conscientious opinion, given freely but not servilely — seeking to make others free, I will not submit to become a slave myself, or compro- mise one particle of self respect. Nay, more. Sir, though I would give, and give voluntarily, every lib- eral enfranchisement, I would not withdraw one prop — I would not deface even one useless ornament on the porch of the constitution ; it has been founded by wisdom, defended by valour, consecrated by years, and cemented by the purest blood of patriotism : at every step beneath its sacred dome, we meet some holy relic, some sublime memorial ; the tombs of the heroes, and sages, and martyrs of our history ! The graves of the Russels and the Sidneys ; the statues of the Hardwicks and the Hales; the sainted relics of departed piety ; the table of the laws to which king and people are alike responsible ; the eternal altar on whose divine commandments all those laws are found- ed; subfrnie, hall!)wed,invaluable treasures! unimpair- ed and imperishable be the temple that protects them ! In the fullness of my heart I say to it, " Esto per- petua,^^ may no political Marius ever rest upon its ru- ins. Sir, in reference to the congraulatory part of your address, I cannot wish the august personage in ti32 SPEEGil whom it refers a more auspicious wish than that he may follow implicitly the footsteps of his father. — These ways are ^' ways of pleasantness," these paths are "paths of peace.'' I hope his reign may be as happy as his regency has been victorious, and that in the plenitude of power he will remember the country forgot not him when that power was very distant. These are not times, however, to be either too exigent or too unreasonable; the atheist meets us in our noon- day walk ; the assassin waits not for the night's conceal- ment ; all ranks, and sects, and parties should unite ; all that is sacred in the eye of every christian, dear to every parent, and valuable to every man, is menaced with annihilation ; every cause of difference, whether real or imaginary, should be now suspended, until the aational shout of" fear God, honour the king," drowns the war-hoop of impiety and treason ; if we are to live, my countrymen, let us live in the security of laws ; if ^e are to die, let us die in the consolations of religion. SPEECH OP MR, PHILLIPS, IN THE CASE OF SHARPE v. VIALLS, HO RECOVER DAMAGES FOR A MALICIOUS PROSECUTION OF THE PLAINTIFF FOR STEALING BEEF AND BREAD, VALUE TWO PENCE : DELIVERED IN THE COURT OF KING'S BENCH, LO.XDON. -^$$§»^ My Lord, and Gentlemen of the Jurif, The jury had heard from my learned friend that this action was brought to recover compensation in damages, in consequence of a prosecution maUciously preferred — tliat is, preferred without any probable cause to warrant it, from the absence of which, malice, though not distinctly proveable, was still presumable and inferential. I need not state to you that the grounds ought to be strong indeed to warrant any man in put- ting another on his trial on a charge of felony. The principles of constitutional law are too well known in England to require any statement on the subject. My charge to-day against the defendant is, that he did in- stitute such a prosecution against my client ; not only without any probable grounds to warrant it^ but upon -34 SrEECH Ii\ THE CASE OF grounds the most absurd^ the most cruel, the moat op- pressive, and the most capricious — a proceeding not only repugnant to his character as a clergyman, but detestable in the eyes of every human being. Gen- tlemen, I feel, however, that I have much to combat in advocating the cause of humble poverty against pampered oppression. I have to charge that oppres- sion upon a character w here the virtues aiid the chari- itiesof lifeare presumed to dwell: I have to fear, also, lest the language which I must hold towards the indi- vidual may be misconstrued into any disrespect to his venerated profession. Most assuredly I mean no sucli thing: but when I fmd a man in lofty station struggling to prove that he owes his rank rather to Fortune's blindness than to personal deserving, and when liind liim hiding the world's heart under a religious garment, it is my duty to overcome the pain w Inch the exposure gives me — a duty to the rank such conduct has dis- honoured — a duty to the church, thus more endanger- ed by its ow n professors than by all that infidelity can urge against it. I shall proceed to detail to you the facts — hear them if you can with gravity — think of them, I trust you w ill not, w ithout indignation. The plaintiff is a poor man, living by the lalx)ur of his hands. The defend- ant, Mr. Yialls, is a clergyman of the clunchof Eng- land, of ample fortune, and its usual attendant, a large establishment. It happened that in October of the last year, the plaintilf was employed in the garden of Mr. Yialls, as under gardener, and on tiie '2131 of that month, it being Siufday, he dined with his aunt at Camberwell. Tliey had a small round of corned beef for dinner, and upon his departure, his aunt, with much hospitality, pressed him to accept a slice of it. He accepted it, returned home, and placed it in an open tool-box in the garden, the usual depository for the under gardener's dimier. About eleven o'clock tl^e Parson went to take the air in his garden : he SIIARPE V* VIALL5. 23o proceeded with tlie sagacity of an old pointer to tlie tool-house, and made a dead set upon the poor man's beef. He was not contented with the tithe of it, or he might perhaps have pleaded prescription. Bathe swept ii at once entire and wholesale into his breech- es pocket. Out of the Doctor's own lips I shall prove this ludicrous disposal of the beef. The poor man M'as earning an appetite, which it seems even break- fast could not take away A-om the Parson. The Doc- tor proceeded directly to his house — he dived at once into the kitchen : " Follow me," said he, to the aston- ished cook, ^'follow me to the larder, and bring the carving knife v.ith you." The cook followed with tremulous apprehension, the scullion retreated in si- lent consternation. Arrived at the kitchen, he cast a look at a round of beef which had already done duty in the family, cut a measured slice from it with mucti caution, performed tlie like operation upon a loaf of bread, and then stalked away without uttering a syllable. '• Lord bless us/*"' says the cook, '^ how liungry my master is — breakfast just over, he's taking to the luncheon." Not for a lundieon liowever v>.as the beef intended ; all that day and all that night it w^as the Parson's companion, and next morning the cook received a summons to attend his dressing-room 5 there, spread out in state, lie shewed her the slice he liad cut off the round, and the beef he had manoeu- verod out of the tool-box — so cut to match, that you could scarcely distinguish between them. ^^ Won't you swear," said the Parson, that tliese two slices are from the same round ?" ^^ It's impossible that I can," said the cook, " beePs beef all the world over." ^' I can," said the Parson ; '- here's a slice that came oft my round, and I'll swear it did, because I found it in the tool-box.'' *•' Your round,'' said the cook, " was safe in the larder ; the door was locked, and the key ^vas in my pocket." There was a reason too whicl-; t'lc Doctor a:^«iiG:n':!d for rlrjimine' the b'^ef. and wliich £36 SPEECH IN THE CASE OF. as it has at least the merit of originality, I shall men- lion. Indeed, he repeated it before a Jury. *^I know the beef to be mine from its complexion !" Gentlemen, perhaps he might. I dare say there was a Lly white- ness about the fat, and a modest, saltpetre, Aurora- like redness about tlie lean, famihar to the eyes of Doctors of Divinity. Gentlemen, the next appearance of the cook was before a magistrate, where she distinctly swore to the Mtter impossibihty of any access to the beef without her knowledge, and she solemnly denied that such ac- cess was ever afforded. The cook having failed, the butler was resorted to- The Parson produced to him the slice from the round, and asked him whether it was not his property ? '' No," said the butler ; ^' God bless me,'"* said the Parson, " what a fool you are not ro swear to the beef!" He then produced the slice from the tool-box. " At all events, Joe, you will have no hesitation in swearing that this and the other came from the same round r" " No," replied Joe, " I'd rath' er say they did not, because the one is much drier than the other." The old mathematician, when he solved the problem, and exclaimed eureka, never felt one tenth portion of the Parson's extacy — '' It's the same, Joe, it's the same — it's only drier because I car- ried it in my breeches pocket." His next resource, gentlemen, was the plaintiff him- self. The plaintiff was bewailing the robbery of his dinner, little foreseeing he was to be considered a thief; he told at once that he got the beef from his aunt at Camber well, but Parson Vialls was not to be satisfied, nor would he even make inquiry. Day af- ter day tlie man came to his work, and day after day the Parson beset him, tormenting him hourly with the same questions ; at length his patience was quite exhausted, and he said, as I am told, in the presence of the butler, " sir, I told you the name of my aunt^ Xpd where she lived j I'll answer you na more upon SHARPE l\ VIALLS. 23T the subject ; I am ready to prove my innocence be- fore any tribunal in the world.'' In the mean time, gentlemen, the beef was hourly affording to the Par- son another opportunity of lecturing upon tlie muta- bility of human affairs ; in other words, it was getting musty : despatch was necessary. The Parson sent it down with a strict command that some of the ser- vants should dine on it. The butler rejected it as he was to be a witness; the kitchen maid swore she'd not make her stomach a receiver of stolen goods; and the unfortunate cook will tell you that she bolted it lierself in order to prevent a revolution in the scullery,- Will you believe, gentlemen, that upon these grounds, against the speaking evidence of the man's daily return to work, against the oaths of his own ser- vants, against common sense, merely because he had a cold round in his larder — this prop of the Church, who keeps his lordly mansion, his equipage, and his retinue, determined to prosecute this helpless peasant on a charge of robbery ? a charge so laid as to subject Iiim to transportation. Did you ever, gentlemen, hear of such a case as this ? I remember to have heard of one, and but one, which occurred in another coun- Hy, It was not in Ireland, gentlemen, though JMr. Gurney's smiling would seem to say so. It happened in America about fifty years ago. Johnny Hook, gentlemen, was a Highlander. He lived in one of the most economical parts of Scotland, until he arrived at years of discretion, when, of course, he emigrated. — He arrived in America about the period of the revo- lution, having brought with him from Scotland a lit- tle stout bullock, which I dare say he thought an apt emblem of his countrymen. Patriotism is said to be a himgry quality, and unhappily for Johnny Hook, the xVmerican army encamped in the very field where his bullock was grazing. The bullock was soon sac- rificed to the appetites of the invaders of the field, and the setting sun beheld but its last rib in existencer U2 .- 238 SPEECH IN THE CASE OF At the conclusion of the war, Johnny set off from the farm, and brought his action against tlie American Coram !ssary General for the price of his bullock. The defence was conducted by the inspired peasant, Patrick Henry — a name immortal in America, and which should never die wherever talent and genius are held in estimation. He touched the chords of the jurors' hearts, and when he had pictured before them the perils and privations which the American army had undergone, the achievmems and victories they had obtained, he exclaimed with a feeiing which soon became contagious, "But who is this man who dis- turbs a nation's devotion, and at the very moment when they are with uphfted arms returning thanks to ihe God of battles, exclaims, beef, beef, beef!" In America the name of Johnny Hook will never die 5 Genius has touched it and made it immortal: but what was Johnny Hook when contrasted with Parson V^ialls? — as a candle to tlie sun. From the moment that the Parson glanced his keen, worldly, tithe-dis- cerning eye into the poor man's box, his very imagin- ation appears to have become bossilied. Throughout all creation he could see nothing but beef! This round- ed world, with all its ricli varieties, was in his mind nothing but — a round of beef ! his roses and his lilies became transformed to bullocks ! not a text could he >hink of except the flesh-pols of Egypt ! Beef became to him what ale was to Boniface, his diet and his dream, his garment and his pillow — in short, whether the Parson was eating or thinking, dreaming or preaching, it was all the same — he saw nothing, said nothing, tiiought of nothing, but beef, beef, beef! The disease, innocent at first, became at last malignant — it excited all his sympathies, and he vowed by his holy hatred of persecution, by his love of Christian charity and forbearance, by his abhorrence of all sinful appetites in the poor, by his reprobation of all luxury out of the pale of tlie church, that he'd grind the devoted beef- ^HARPE V, VIALLS. 239 eater to the dust ! If he relented but for a moment, the mutilated round swam across his memory, and with it came the train of its perfections. Oh, it was a round tit for a Rector's appetite — a round the very Corpora- tion might have envied — a round to bid defiance to the whole Common Council after a fast-day — The round whs a picture for painters to study, The fat was so white, and t!ie ieau was so ruddy. And then his Roman indignation burst into soliloquy — • ■^'I'll make an example of the miscreant — Fll make it a city business — I'll have the monster tried at Hicks' Hall — I'll retain a Judge to prosecute him — the Dep- uty Recorder shall prosecute him — I'll go further, the Court of Aldermen shall be on the bench, and he shan't have even a chance, for I'll have him indicted five minutes before dinner — the rascal shall become a per- fect Pythagorean, and lake a distaste to the whole an- imal creation — even in Botany Bay he wo'nt have the hardihood to look a bullock in the face." So far this may appeeir a jest, and as such so far you see I have not been unwilling to treat it. But what wiil you say when I tell you that he actually put it into practice ? What will you say when I tell ycu that he took three whole days to deliberate, and then, though the poor man returned to his garden to his daily work as usual, actually had him arrested on a charge of felop.y ! Yes, when the poor peasant, with all the boldness natural to innocence, day alter day presented himself before him — v>hen he was bending in toil over the sluggish soil of its more insensible pro- prietor, he had him arrested on a charge of robJjery ! And who did this ? a man of wealth — a man of God I — the very "Dives" of the Bible, '• faring sumptuous- ly every day," and grudging to poverty even the crumbs from his table ! Who was the magistrate be- fore whom he brought him ? A sergeant-at-law — his 240 SPEECH IN THE CASE OF own father-in-law ! — the son-in-law accused, and the father-in-law committed him ; and, indeed; they were right not to let the glory of the achievement go out of the family. Imagine, gentlemen, you behold the spectacle — the Parson swearing to the complexion of the pennyworth — the butler endeavouring to coax him into reason — the cook maintaining the inviolability of the larder — the serjeant threatening to bundle her out of the office, until at last, amid the Babel of the contest, and tlie alternate ascendency of *^ Beef!" " Church !" •• Newgate !"' and "Botany Bay !" he was confined to five hours imprisonment by these twin ornaments of law and divinity. At length his friends heard of his situation — he was tlien necessarily admitted to bail, and bound over to "meet his charitable " Pastor and Master'^ at the Sessions. Let us pause here, Gentlemen, and reflect on the situniion of my client during the interval. Turned out of his service on a charge of robbery — that robbery the robbery of his own master — unable to procure employment under the doubt — obliged to expend the last shilling of his little savings, amount- ing to twenty pounds, in preparations for his defence — with many weehs before liis innocence could be vindicated, avul v/ith the certainty that even in case of an acquittal the fact of his having been tried would cling to him for ever — weigh these sufferings of a poor man and an innocent man, and then say what a rich man and a guilty man should pay for their infiictior.. The interval, however might have had its value — it might have awakened in the prose- cutor some compunctions of humanity — did it so ? no — for four vvceks did he brood over the serpent egg of his malignity ; for four weeks night after night, did he lay his head upon his pillow, after praying to the Almiglity (if such men ever pray) to be forgiven on the terms of his own forgiveness ! I will suppose for a moment the worst against my client ! I '-yvill suppose ^HARPE l\ VIALL3> 241 that tills charge might have been true, and that the poor man, goaded by hunger, and tempted by oppor- tunity, had taken the rich man's beef, ^^ value one penny" — ought he not, as a Minister of the Gospel, to have forgotten and forgiven it — ought he not, as a man, to have thanked the Power that placed him above temptation, and dropped a tear for the unfor- tunate ! But when it was fialse, false on the very face of it — adopted upon grounds which even a drivelling idiot would have discountenanced, and stubbornly persevered in against the combined oaths of ever)' one consulted, in what terms shall we express our dis^ gust and indignation ? At length the long expected Sessions came — at ten, to a moment, the Parson was in attendance — day after day he missed not a minute — and at least for half their period, upon the steps of the prison-house, was this sleek emblem of orthodoxy to be seen elbowing the thieves and convicts as they passed, and piously preparing to add an innocent man to the"r number. He was saved all trouble in procuring his attendance — - he surrendered himself at once, not attended merely by his bail, but by the indignant crowds who had known him from his infancy, and who now pressed forward to attest the industrious honesty of his life. The cause was called on^ and without compunction did this Reverend Clergyman, upon no other grounds except those I have stated, depose to a charge of fel- ony against my client ! His wealth — his rank — his sacred station — all were thrown into the scale against the poor man. What mattered it that he had risen to industry with the morning sun, and that its bright- est noon could not reveal a speck upon his character ! What mattered it that he had smoothed the sorrows of a parent's age ! — There stood a Minister of the Gospel — a man whose functions placed him above suspicion — there he stood, with the very book in his hand from which he should preach the forgiveness of 242 srEEGH IN THE CASE OF injuries, burning on my client the brand of an iiu- gTateful felony ! Awful to the poor man was that moment; his country, his liberty, his character, (the poor man's only wealth) at hazard, the little world in which he lived — all were the witnesses of his shame .find degrjidation. If he were convicted, the utmost penalty of the law must have fallen upon him, and fallen justly, because to the civil crime a breach of trust was added ; even on an acquittal pains and penal- ties must have followed — the expenses he w as put to ! a fearful issue ! but what did it signify to this follower of the Apostles. The poor man might have rotted in a dungeon : but he had a splendid palace in which to riot. The poor man might have tossed upon liis bed of straw ; but he had his silken canopy and his bed of down. The poor man might have traversed the re- turnless ocean; but he had the luxuries of life around liim — the hoarded coffer and the groaning board to some souls, the poet tells, afford ample compensation for the scorn of mankind. Gentlemen, do I use strong language? I am not ashamed to do so in this rascally transaction. I mean not to use measured language. Though when I meet a minister of the Gospel with the patent of his elec- tion stamped upon his life — humane amid the hom- age which bis merit gains him — poor like the dying .I'^nelon from his charities — pious, not in his preach- ing, but in his acts — a link, as it were, between the earth which he instructs, and the heaven, to which he leads, teaching the happiness of tlie one, and typify- ing the i>urity of the other — though I can admire such men even in my inmost heart, yet I will not ex- tend my reverence to that vermin sanctity wliicli bur- rows its way under the foundations of tlie temple, and eats the bread of the shriiie it has endangered. Gen- tlemen, I need scarcely tell you the result of the pro- secution. The p) osecutor swore, as might have been f'W'fHt f^r] , tr) xhf^ jdentitvof tbebcp^— totheidentitvol' SHAia'E I'. VIALLS. ^43 dt€ bread — and after establishing his full claim to the pennyworth, he called up his household to corrobo- i-ate him. One of them has been turned out of his sei'vice since, the other has a second opportunity to- day. What they swore then, I take it for granted they will swear now ; and if they do, 1 defy any man of conscience to say that this man had probable grounds for his prosecution, recollecting as you will that all was communicated to him before the Sessions, na} , before the aiTcst. What was the result ? the Jury rose indignantly, interposing between the accus- ed and the mortiiication of a defence — he was at once acquitted. Parson Vialls departed happy, I would have sup- posed, in the escape of innocence, if he had since of- fered the slightest compensation — if he had even ten- dered the expenses to which his caprice had put ray client ; but he has not done so ; he chooses again to come before the public, again to meet, I trust, the merited rebuke of an honuorable jury. The only point in which such a man can be made to feel is his purse, and I hope it will at last be opened to the claims of the poor. The trial over, my client and his prosecutor both departed, the one to his lordly man- sion, the other to his home of desolation — the one ex- claiming, popuhis me sibulai ; the other ruminating on all the woes to which poverty is subject, and the wickedness which may thri\ e even under a consecra- ted garment. The day of retribution, however, is at last arrived .; and at your honest hands I confidently claim it. .1 claim it, not merely for expenses incurred — for im- prisonment endured — for character involved — for op- pression exercised — but I claim it in addition, for the agony of mind which the plaintiff must have sutlered when he saw himself attainted before the world as a felon. But if I w anted an aggravation in this case, do I not fmd it in the station of the defendant — in that 244 SPEECH. education which should have amehorated his heart- in that weahh, of which, as a clergyman, he was but the almoner of heaven — in that sacred office which should have pressed on him the assumption of benev- olence? What would the world say, and naturally say, when they saw such a prosecutor ? Would they not say, tliat glaring indeed must have been the guilt which forced him to depose to it. Would they be- lieve that it was assumed upon the grounds too ridic- ulous for credulity — grasped at, at first, with a dis- graceful promptitude, and afterwards pursued with as disgraceful a perseverance, got up by a kind of family arrangement — dragged before the public against all evidence — against the daily return of the accused to work — against the impossibility of access — against the dissimilarity of the article — against the unanim- ous testimony of every witness who was examined. Gentlemen of the Jury, I shall leave this case to you ; if you think that innocence should be accused — char- acter involved — expense accumulated — imprisonment endured, and felony imputed upon grounds like these — dismiss my client: but if you hold probity in re- spect, though clothed in rags ; and oppression in hor- ror, though it be robed in lawn — 1 call on you to say so by your conscientious verdict. [The Jury instantly returned a verdict for the plaintiff— Dam- ©ges Fifty founds.] SPEECH OF MR. PHILLIPS, DELIVERED AT THE ANNUAL MEETING OF THE BRITISH AND FOREIGN AUXILIARY BIBLE SOCIETY, LONDON. Although I have not had the honour either of pro- posing or seconding any of your resolutions, still, as a native of that country so pointedly aUuded to in your report, I hope I may be indulged in a few observa- tions. The crisis in which we are placed is, I liope, a sufficient apology in itself for any intrusion; but I find such apology is rendered more than unnecessary by the courtesy of this reception. Indeed, my Lord, when we see omens which are every day arising — when we see blasphemy openly avowed — when we see the Scriptures audaciously ridiculed — when in this Chris- tian monarchy tlie den of the republican anil the deist yawns for the unwary in your most public thorough- fares — when marts are ostentatiously opened, where the moral poison may be purchased, whose subtle ve- nom enter-; the very soul — when infidelity has become an article of commerce, and man's perdition may be cheapened at the stall of every pedlar — -no friend of society should cont'nue silent — it is no longer a ques- tion of politicul privilege — of sectarian controversy — X -4ti SPEECH of theological discussion ; — it is become a question whether Christianity itself shall stand, or whether we shall let go the firm anchor of our faith, and di'ift with- out chart, or helm, or compass, into the shoreless ocean of impiety and blood ! I despise as much as any man the whine of bigotry : I will go as far as any man for rational liberty ; but I will not depose my God to deify the infidel, or tear in pieces the charter of the state, and grope for a constitution among the murky pigeon- holes of every creedless, lawless, infuriated regicide. When I saw the ether day, my Lord, the chief bac- chanal of their orgies — the man with whom the Apos- tles were cheats, and the Prophets liars, and Jesus an impostor, on his memorable trial, withering hour after hour with the most horrid blasphemies; surrounded by the votaries of every sect, and the heads of every faith — the Christian Archbishop, the Jewish Rabbi, the men most eminent for their piety and their learn- ing, whom h« had purposely collected to hear his infi- del ridicule of all they reverenced — when 1 saw him raise the Holy Cible in one hand, and the Age ol' Rea- son in the other, as it were confronting the Almighty v/ith a rebel worm, till the pious Judge grew pale, and the patient jia-y interposed, and the self-convicted wretch liimseii', after having raved away all his original impiety, was reduced into a mere machine for the re- production of the ribald blasphemy of others — I could not help exclaiming, *■'• Infatuated man ! If all your impracticable madness could be realized, what would you give us in exchange ibr our establishment ? What would you substitute for that just tribunal ? for whom would you displace that independent Judge and that impartial jury ? Would you really burn the Gospel and erase the statutes, for the dreadful equivalent of the criiciiix and the guillotine r"' Indeed, if I was ask- ed for a practical panegyric on our constitution, I would adduce the very trial of that criminal; and if fhe leg;a] annals of any country nnon eaitli furnished AT LOXDOIi. 247 all instance, not merely of such justice, but of such patience and forbearance, such ahnost culpable indul- gence, I would concede to him the triumph. I hopC;, too, in what I say, I shall not be considered as forsa- king that illustrious example : I liope I am above an insult on any man in his situation : perhaps, had I the power, I would follow the example farther than I ought — perhaps I would even humble him into an evidence of the very spirit he spurned — and as our creed was reviled m his person and vindicated in his conviction^ so I would give it its noblest triumph in his sen- tence, and merely consign him to the punishment of its ?}iercy. But, indeed, my Lord, the fate of this half infidel, half trading martyr, matters very little in comparison of that of the thousands he has corrupted. He has literally disseminated a moral plague, against which even the nation's quarantine can scarce avail us. It has poisoned the fresh blood of infancy ; it has disheart- ened the last hope of age. If his own account of its circulation be correct, hundreds of thousands must be this instant tainted with the infectious venom, whose sting dies not with the destruction of the body. Ima- gine not because the pestilence smites not at once that its fatality is less certain. Imagine not because the lower orders are the earliest victims, that the most elevated will not suffer in their turn ; the most mortal chillness begins at the extremities; and you may de- pend upon it, nothing but time and apathy are wanting to change this healthful land into a charnel-house, wliere murder, anarchy and prostitution, and the whole hell-brood of infidelity, will quaff tlie heart's blood of the consecrated and the noble. My Lord, I am the more indignant at these designs, because they are sought to be concealed in the disguise of liberty. It is the duty of every real friend to liberty to tear tho mask from tiu Qeod wh^^ has usurpc^d it. No, no, this is notour Island Goddess, bearing: the mountain fresh- ,246 STEECa ness on her cheeks, and scattenng the valley's bounty from her hand, known by the Hghts that herald her fair presence, the peaceful virtues that attend her path, and the long blaze of glory that lingers in her train — it is a demon, speaking fair indeed — tempting our faith with airy hopes and visionary realms, l)ut even within the foldings of its mantle, hiding the bloody symbol of its purpose. Hear not its sophistry; guard your cliiid against it; draw round your homes, the con- secrated circle which it dare not enter. You will find zm amulet in the religion of your country : it is the great mound raised by the Almigiity for the protection of humanity : it stands between you and the lava of lumian passions ; and oh, beheve me, if you wait tame- ly by, while it is basely undermined, the fiery deluge will roll on, before which all that you hold dear, or venerable, or sacred, will wither into ashes. Believe no one who tells you that the friends of freedom are now, or ever were, the enemies of religion. They kjiow too well that rebellion against God cannot prove the basis of government for man, and that the loftie&t structure impiety can raise i? l>ut the Babel monu- ment of its impotence, and its pride, mocking the builders with a moment's strength and then covering them with inevitable confusion. Do you want an ex- ample ? — only look to f'rance. The microscopic vis- ion of your rabble blasphemers has not sight enough to contemplate the mighty minds whicli commenced her revolution. The wit — the sage — the orator — the hero — the whole family of genius furnished forth their treasures, and gave them nobly to the nation's exi- gence; they had great provocation — they had a glo- rious cause — they had all that human potency could give them. But they relied to*) much upon this human potency — they abjured their God, and, as a natural consequence, they murdered their king — they culled their polluted deities from the brothel, and the fall of '^be idol extinguished the flarae of the altar. — They AT LONDON* 249 crowded the scaflfold with all their country held of genius or of virtue, and when the peerage and the prelacy were exhausted, the mob-executioner of to- day became the mob-victim of to-morrow. No sex was spared — no age respected — no suffering pitied— and all this they did in the sacred name of liberty, though in the deluge of human blood, they left not a mountain top for the ark of liberty to rest on. But Providence was neither " dead nor sleeping.^' It mat- tered not that for a moment their impiety seemed to prosper — that victory panted aftei* their ensanguined banners — that as their insatiate eagle soared against the sun, he seemed but to replume his wing and to renew his vision — it was only for a moment, and you see at last that in the very banquet of their triumph, the Almighty's vengeance blazed upon the wall, and their diadem fell from the brow of the idolater. My Lord, I will not abjure the altar, the throne^, and the constitution for the bloody tinsel of this revo- lutionary pantomine. I prefer my God, to the impi- ous democracy of their pantheon — I will not desert my king for the political equality of their pandemo- nium. 1 must see some better authority than the Fleet- street temple, before I forego the principles which 1 imbibed in my youth, and to which I look fonvard as the consolation of my age; those all-protecting prin- ciples which at once guard, and consecrate, and sweet- en the social intercourse — which give life, happinesSj, and death, hope ; which constitute man's purity, hi? best protection, placing the infant's cradle and the fe- male's couch beneath the sacred shelter of the nation- al morality. Neither Mr. Paine or Mr. Palmer, nor all the venom-breathing brood, shall swindle from me the book where I have learned these precepts — la despite of all their scoff, and scorn, and menacing, I say, of the sacred volume they would obliterate, it i? a book of facts, as well authenticated as. any heatheij liistory — a book of miracles, incoatestiblv avouclied'--' ' X2^ '250 SPEECH a book of prophecy, confirmed by past as vv^eli as pres- ent fulfilment — a book of poetry, pure and natural, and elevated even to inspiration — a book of morals^ such as human wisdom never fram€d for the perfec- tion of human happiness. JNIy Lord, I -will abide by the precepts, admire the beauty, revere the mysteries, and, as far as in me lies, practise the mandates of this sacred volume ; and should the ridicule of earth, and the blasphemy of hell assail me, I shall console myself by the contemplation of those blessed spirits, who, in the same holy cause, have toiled, and shone, and suf- fered. In the " goodly fellowship of the Saints" — in ihe " noble army of the Martyi^'' — in the society of the great, and good, and wise of every nation ; if my •sinfulness be not cleansed, and my darkness illumin- ated, at least my pretensionless submission may be ral point of view, the advantages of education are not visionary. \A long and continued hurst of ap- plause fGliOiced this passage, and prevented the repor- CHELTENHAM. 257 ierfcom detailing some most excellent remarks on the advantages of the cultivation of the human mind.'] These, sir — the propagation of the Gospel — the ad- \'ancement of science and industry — the perfection of the arts — the diffusion of knowledge — the happiness of mankind here and hereafter — these are the bless- ed objects of your missionaries, and, compared with these, all human ambition sinks into the dust : the ensanguined chariot of the conqueror pauses — the sceptre falls from the imperial grasp — the blossom wither's even in the patriot's garland. But deeds like tliese require no panegyric — in the words of tliat dear friend (Curran,j whose name can never die — " They are recorded in the heart from whence they sprung, and in the hour of adverse vicissitude, ii ever it should arrive, sweet will be the odour of their memory, and precious the bahn of their consolation.'' Before I sit down, sir, I must take the liberty of say- ing that the principal objection which I have heard raised against your institution is with me the princi- pal motive of my admiration — I allude, sir, to the dif- fusive principles on which it is founded. I have seen too much, sir, of sectarian higotr'j — as a man, I ab- lior it — as a christian, I blush at it — it is not only de- grading to the religion that employs even the shadow of intolerance, but it is an impious despotism in the government tliat countenances it. These are my opinions, and I will not suppress them. Our religion lias its various denominations, but they are struggling to the same mansion, though by dilTerent avenues, and when I meet them on their way — I care not whether they be Protestant or Presbyterian, Dissenter or Cath- olic, I know them as christians, and I will embrace them as iny brethren. I hail, then, the foundation of such a society as this — I hail it, in many respects, a? an happy omen — I hail it as an augury of that cominf^ day when the bright bow of Christianity, commencine i& the Heavens and encompassing thp PiTrth, sljnll in y 158 SPEECH AT elude the children of every clime and colour beneatii the arch of its promise and the glory of its protection. Sir, I thank this meeting for the more than courtesy with which it has received me, and I feel gi-eat plea- sure i« proposing this resolution for their adoption. LETTER OF MR. PHILLIPS TO THE KING. :3IRE, When I presume to address you on the subject which afflicts and agitates the country, I do so with the most profound sentiments of respect and loyalty. But I am no flatterer. I wish well to your illustrious house, and therefore address you in the tone of sim- ple truth — the interests of the King and Queen are identified, and her majesty's advocate must beyour's. The degradation of any branch of your family, must, in some degree, compromise the dignity of all, and be assured there is as much danger as discredit in famil- iarizing the public eye to such a spectacle. I have no doubt that the present exhibition is not your royal wish : I have no doubt it is the work of wily syco- phants and slanderers, who have persuaded you of what they know to be false, in the base hope that it may turn out to be profitable. With the view,ther?,of warning you against interested hypocrisy, and of giv- ing to yoor heart its natural humane and noble incli- nation, I invoke your attention to tlie situation of your persecuted consort! I implore of you to consid- er whether it would not be for the safety of the state, for the tramjuility of the country, for the honour of your house, and for the interests alike of royalty and ha- 2d0 LETTER inanity, that an helpless female should be permitted t(> pass hi peace the few remahiing years which unmeri- ted misery has spared to her. It is now, Sire, about five-and-twenty years since her majesty landed on the shores of England — a princess by birth — a queen by marriage — the relative of kings — and the daughter and the sister of a hero. She was then young — direct from the indulgence of a pa- ternal court — the blessing of her aged parents, of whom she was the hope and stay — and happiness shone biightly o'er her ; her life had been all sun- shine — time for her had only trod on flowers ; and if ihc visions which endear, and decorate, and hallow home, were vanished for ever, still did she resign them for the sacred name of wife, and sworn affection of a royal husband, and the allegiance of a glorious and gallant people. She was no more to see her noble fa- ther's hand unhelm the warrior's brow to fondle over his child — no more for her a mother's tongue delight- ed as it taught ; that ear which never heard a strain, that eye which neVer opened on a scene, but those of careless, crimeless, cloudless infancy, was now about to change its dulcet tones and fairy visions for the ac- cent and the country of the stranger. But she had heard the character of Britons — she knew that chiv- alry and courage co-existed — she knew that where the brave man and the free man dwelt, the very name of woman bore a charmed sway, and where the voice of England echoed your royal pledge, to " love and worship, and cleave to her alone," she but looked up- on your Sire's example, and your nation's annals, and was satisfied. — Pause and contemplate her enviable station at the hour of these unhappy nuptials ! The created world could scarcely exhibit a more interest- ing spectacle. There was no earthly bliss of which she was not either in the possession or the expectancy. Royal alike by birth and alliance — honoured as the choice of England's heir, reputed the most accota- TO THE KING.- i>6l plished gentleman in Europe — licr reputation spot- less as tlie unfallen snow — liei* approach heralded by a people's prayer, and her footsteps obliterated by an ob* sequious nobihty — her youth, like the lovely season which it typified, one crowded garland of rich and fra- grant blossoms, refreshing every eye with present beauty, and filling every heart with promised benefits ! No wonder that she feared no famine in that spring tide of her happiness — no wonder that her speech was rapture, and her step was buoyancy ! She was the darling of parents' hearts ; a kingdom was her dower — iier very glance, like the sun of heaven, diffused light, and warmth, and luxury around it — in her pub- lic hour, fortune concentrated all its rays upon her^ and when she shrunk from its too radiant noon, it was within the shelter of a husband's love, which God. and nature, and duty and morality, assured her unre- luctant faith should be eternal. Such was she then;, all joy and hope, and generous credulity, the creduli- ty that springs from honour and from innocence. — And who could blame it ? You had a world to choose, and she was your selection — your ages were compati- ble — your births were equal — you had drawn her from the house where she was honourable and happy — you had a prodigal allowance showered on you by the people — you had bowed your anointed head before the altar, and sworn by its majesty to cherish and pro- tect her, and this you did in the presence of that mor- al nation from whom you hold the crown, and in the face of that church of which you are the guardian. The ties which bound you were of no ordinary tex- ture — you stood not in the situation of some secluded profligate, whose brutal satiety might leave its victim to a death of solitude, where no eye could see. nor echo tell the quiverings of heir agony. Your eleva- tion was too luminous and too lofty to be overlooked, and she, who confided with a vestal's faith and a vir- gin's purity in your honour and your morals, Imd 9i Y2 262 LETTER corroborative pledge in that publicity, which could not leave her to suffer or be sinned against in secret. All the calculations of her reason, all evidence of her experience, combined their confirmation. Her own parental home was purity itself, and yours might have bound republicans to royalty ; it would have been little less than treason to have doubted you ; and, oh ! she was right to brush away the painted ver- min that infest a court, who would have withered up her youthful heart with the wild errors of your ripe minority ! Oh, she was right to trust the honour of '' Fair England's" heir, and weigh but as a breath- blown grain of dust, a thousand follies and a thou- sand faults, balanced against the conscience of her husband. She did confide, and what has been the consequence ? History must record it, Sire, when the brighest gem in your diadem shall have mouldered, that this young, confiding, inexperienced creature had scarcely heard ilie last congratulatory address upon her marriage, vvhen she was exiled from her hvisbaixl's bed, banish- ed from her husband's society, and abandoned to the pollution of every slanderous sycophant who chose to crawl over the ruin r Merciful God ! was it meet to leave a human being so situated,, witli all her passions excited and inflamed to the impulse of such abandon- ment? Was it meet thus to subject her inexperienced youth to the scorpion sting of exasperated pride, and all its incidental natural temptations? Was it right to i3ing the shadow of a husband's frown upon the then inisuUied snow of her reputation ? Up to the blight of that all-withering hour no human tongue dared to as- perse her character. The sun of patronage was not then strong enough to quicken into life the serpent brood of slanderers : no starveling ahens, no hungry lYihe of local expectants, then hoped to fatien upon the affals of the royal reputation. She v/as not long "HOugh ill widowhood J to give the spy and the perjux-- Xe THE KI-N'G. 2ib.; er even a colour for their inventions. The peculiari- ties of the foreigner; the weakness of the female — the natural vivacity of youthful innocence, could not, then be tortured into " demonstrations strong ;" for you, yourself, in your recorded letter, had left her pu- rity not only unimpeached, but unsuspected. That invaluable letter, the living document of your separa- tion, gives us the sole reason for your exile, that your " inclinations'' were not in your power f That, Sire^ and that alone, was the terrific reason which you gave your consort for this heart-rending degradation. Per- haps they were not ; but give me leave to ask, are not the obligations of religion independent of us ? Has any man a right to square the solemnities of marriage according to his rude caprices ? Am I your lowly subject, to understand that I m.ay kneel before the throne of God, and promise conjugal fidelity until death, and self-absolve myself, whatever moment it suits my " inclination ?'' Not so will that mitred bench, who see her majesty arraigned before them read to you this ceremony. They will tell you it is the most solemn ordinance of man — consecrated by the ap- proving presence of our Saviour — acknowledged by the whole civilized community — the source of life's. purest pleasures, and of death's happiest consolations — the rich fountain of our life and being, whose draught not only purifies existence, but causes man to live in his posterity ; tkey will tell you tliat it cannot perish by '^' inclination," but by crime, and that if tiiere is any difference between the prince and the peasant who invoke its obligation, it is the more en- larged duty entailed upon him, to whom the Almighty has vouchsafed the influence of an example. Thus, then, within one yearafter her marriage, was s-he flung " like a loathsome weed," upon the world^ no cause assigned except your loathing inclination } It mattered nothing, that for you she had surrendered ^-^ll hei* worldly prospects — that, she had left her horaer 2G4 LETTER lier parents and her country — that she had confided in the honour of a prince, and the heart of a man, and the faith of a Christian; she had, it seems, in one ]ittle year, '' outUved your liking," and the poor, abandoned, branded, heart-rent outcast, must bear it all in silence, for — she was a defenceless woman and a stranger. Let any man of ordinary feeling think on her situation at this trying crisis, and say he does not feel his heart's blood boil within him ! Poor unfurtunatel Tvho could have envied her her salaried shame, and her royal humiliation ? The lowest peasant in her re- versionary realm was happy in the comparison. The parents that loved her were far, far away — the friends of her youtli were in another land — she was alone,^ and he who slwuld have rushed between her and the bolt of heaven, left her exposed to a rude world's cap- rices. And yet she lived, and lived without a mur- mur ; her tears were silent — her sighs were lonely ; and when you, perhaps, in the rich blaze of earth's magnificence, forgot that such a wretch existed, no reproach of h.er's awoke your slumbering memory. Perhaps she clierished the visionary hope that the babe whose '''perilous infancy*' she cradled, might one day be^her hapless mother's advocate ! How fond- ly did she trace each faint resenit3!ancc ! Each little casual paternal smile, which played upon the features of that child, and might some distant daj' be her re- demption ! liow, as it lisped the sacred name of fa- ther, did she hope its innocent infant tone might yet awake within that fathers breast some fond associa- tion ! Oh, sacred fancies ! Oh, sweet and solemn vis- ions of a mother — who but must hallow thee ! Blest be the day-dream that begu'les her heart, and robes each cloud that hovers o'er her child in airy colours of that heart's creation ! Too soon life's wintry whirl- wind must come to sweep the prismcd vapour into nothing. Thus, Sire, for many and many .o heavy year di4 TO THE KlNO, 265 your deserted Queen beguile her soKtude. Mean- while for you a flattering world assumed its harlot smiles — the ready lie denied your errors — the villain courtier deified each act, which in an humble man was merely duty, and mid the din of pomp and mirth, and revelry, if remorse spoke, 'twas inarticulate. Be- lieve me. Sire, when all the tongues that flattered you are mute, and all the gaudy pageants that deceived you aie not even a shadow, an awful voice will ask in thunder, did your poor wife deserve this treatment, merely from some distaste of "inclination r" It must be answered. Did not the altar's vow demand a strict fidelity, and was it not a solemn and a sworn duty, "for better and for worse," to watch and tend her— correct her waywardness by gentle chiding, and fling the fondness of an husband's love between her errors and the world ? It must be answered, where the poorest rag upon the poorest beggar in your realm, shall have the splendour of a coronation garment. Sad, alas ! were these sorrows of her solitude — but sad as they were, they were but in their infancy. The first blow passed — a second and severer fol- lowed. The darling child, over whose couch she shed her silent tear — upon whose head she poured her dai- ly benediction — in whose infant smile she lived, and moved, and had her being, was torn away, and in the mother's sweet endearments she could no longer lose the miseries of the wife. Her father and her laurel- led brother too, upon the field of battle, sealed a life of glory, happy in a soldier's death, far happier that this dreadful day was spared them! Her sole surviving parent followed soon, and though they left her almost alone on earth, yet how could she regret them ? she has at least the bitter consolation, that their poor child's miseries did not break their hearts. Oh, mis- erable woman ! made to rejoice over the very grave of her kindredj in mournful gratitude that their hearts are m*irble. 2QQ LtTTLR During a loRg probation of exile and wo, bereft of parents, country, child and husband, she had one so- lace still — her character Avas unblemished. By a re- finement upon cruelty, even that consolation was de- nied her. Twice had she to undergo the inquisition of a secret trial, originating in foul conspiracy, and ending in complete acquittal. The charity of her nature was made the source of crime — the peculiari- ties inseparable from her birth were made the ground of accusation — her v( ry servants were questioned whether every thought, and word, and look, and ges- ture, and visit, were not so many overt acts of adul- tery ; and when her most sacred moments had been heartlessly explored, the tardy verdict which freed her from theguilt,couldnotabso]ve her from the humil- iating consciousness of the accusation. Your gracious father, indeed, with a benevolence of heart more roy- al than his royalty, interposed his arm between inno- cence and punishment ; for punishment it was most deep and grievous, to meet discountenance from all your family, and see the fame which had defied all proof, made the capricious sport of hint and insinua- tion ; while that father lived, she still had some pro- tection, even in his night of life there was a sanctity about him which awed the daring of the highway slanderer — his honest, open, genuine English look, would have silenced a whole banditti of Italians. Your father acted upon the principles he professed. He was not more reverenced as a king than he was beloved and respected as a man : and no doubt he felt how poignant it must have been to be denounced as a criminal without crime, and treated as a widow in her husband's life-time. But death was busy with her best protectors, and the venerable form is lifeless now, which would have shielded a daughter and a Brunswick. He would have warned the Milan pan- ders to beware the honour of his ancient house; he would have told them that a prying, pettifogging. TO THE KING, 267 purchased inquisition upon the unconscious pyvacy of a royal female, was not in the spirit of English char- acter ; he would have disdained the petty larcemi of any diplomatic pickpocket ; and he would have told the whole rabble of Italian informers and swindling ambassadors, that his daughter's existence should not become a perpetual proscription ; that she was doub- ly allied to him by birth and marriage ; and that those who exacted all a wife's obedience, should have previously procured for her a husband's countenance. God reward him ! There is not a father or an hus- band in the land, whose heart does not at this moment make a pilgrimage to his monument. Thus having escaped from two conspiracies equal- ly affecting her honour and life,finding all conciliation hopeless, bereft by death of every natural protector, and fearing perhaps ih^t practice might make perjury consistent, she reluctantly determined on leaving Eng- land. One pang alone embittered her departure ; her 4larling,and in dispite of all discountenance, her dute- ous child, clung round her heart with natural tenacity. Parents who love, and feel that very love compelling separation, can only feel for her. Yet how could she subject that devoted child to the humiliation of her mother's misery ! How reduce her to the sad alterna- tive of selecting between separated parents ! She chose the generous, the noble sacrifice — self-banish- ed, the world was before her — one grateful sigh for England — one tear — the last, last tear upon her daughter's head — and she departed. Oh Sire, imagine her at that departure ! How changed ! how fallen, since a few short years beforcj she touched the shores of England ! The day-beam fell not on a happier creature — creation caught new colours from her presence, joy sounded its timbrel as she passed, and the flowers of birth, of beauty, and of chivalry, bowed down before her. But now, alone, iqa orphan and a widow ! her galknt brother in his 20 S LETTER shroud of glory ; no arm to shield, uo tongue lo ad- vocate, no friend to follow an o'erclouded fortune j branded, degraded, desolate, she flung herself once more upon the wave, to her less tickle than a iius- band's promises ! I do not wonder that she has now to pass through a severer ordeal, because impunity gives persecution confidence. But I marvel indeed much, that then, after the agony of an ex-parte trial, and die triumph of a complete, though lingering exculpa- tion, the natural spirit of English justice did not stand embodied between her and the shore, and bear her indignant to your capital. The people, the peer- age, the prelacy should have sprung into unanimous procession ; all that was noble or powerful, or conse- crated in the land, should have borne her to the palace gate, and demanded why their Queen presented to their eye this gross anomaly ! Why her anointed brow should bow down in die dust, when a British verdict had pronounced her innocence ! Why she was refused that conjugal restitution, which her humblest subject had a right to claim ! Why the annals of their time should be disgraced, and the morals of their nation endure the taint of this terrific precedent; and why it was that after their countless sacrifices for your roy- al house, they should be cursed with this pageantry ef royal humiliation ! Had they so acted, the dire al- Hiction of this day might have been spared us. We ^should not have seen the filthy sewers of Italy dis- gorge a living leprosy upon our throne; and slaves and spies, imported from a creedless brothel, land to attaint the sacred Majesty of England ! But who, alas ! will succour the unfortunate ? The cloud of your displeasure was upon her, and the gay, glitter- ing, countless insect swarm of summer friends, abide but in the sun-beam .' She passed away — with sympa- thy I doubt not, but in silence. Who could have thought, that in a foreign land, die restless fiend of persecution would have haunted f» THK ICliVe. 2^ ber ? Whft «ould have thought, that in tho<5e distant climes, where her distracted brain had sought oblivi- ©n, the demoniac malice of her enemies would have followed ? who could have thought that any htnnan form which had an heart, would have skulked alter the muurner in her wanderings, to noteaud crm every nnconscious gesture ? who could have th&ughJ,that such a man there was, who h-a^l drank at the |} cry clnld for whose parentage she niigiit have shed her sacred blood, was proved beyond all possible denial, to have ]jeen but the adoption of her charity. — '* >Vx* are hap- py to declare to your majesty our perfect conviction, that there is no foundation whatever for believing, (I quote the very words of the commissioners,) that the ehild now with the princess, is the child of her royal highness, or that she was delivered of any child in the year 1S02 ! nor has any thing appeared to us, which would warrant the belief that she was pregnant in that 5"ear, or at an t^ other period within the compass of our enquiries.^' Yet people of rank, and station, moving in the highest society in England, admitted even to the sovereign's court,actualIy volunteered their sworn attestation of this falsehood ! Twoily years have roll- ed over her since, and yet the same foul charge of adaltcry, sustained not as before by the plausible lab- ricatioDs of Englishmen, but bolstered by the habitual inventions of Italians, is sought to be affixed /o the evening of her ifife, in the face of a generous and a loyal people ! A kind of sacramental shipload — a packed and assorted carc;^ of humi.n aflidavits has been consigned, it seems, from Italy to Westminster: thir- ty-three thousand pounds of the jjeople's money paid the pedlar who selected the articles ; and with this in- fected freight, which sliould have performed quaran- tine before it vomited its moral pestilence amongst us, the Queen ol' England is souglu to be attainted ! It cannot be. Sire ; we liave given much, very much in- '\om], to (brciuuers, but v.e wiii not concede to tbem iO THE KING. 2'7i the hard-earned principles of British justice. It is not to be endured, that two acquittals should be followed by a third experiment ; that when the English testa- ment has failed, an Italian missuVs kiss shall be resor- ted to; that when people of character here have been discredited, others should be recruited who have no character any where ; but above all, it is intolerable, that a defenceless woman should pass her life in end- less persecution, with one trial in swift succession fol- lowing another, in the hope, perhaps, that her noblo heart which has defied all proof should perish in the torture of eternal accusation. Send back, then, to It- aly, those alien adventurers ; the land of their birth, and the habits of their l!ves,alike unlit thcni for an Eng- lish court of justice. There is no spark of freedom — no grace of religion — no sense of morals in their de- generate soil. Effeminate in manners ; sensual from their cradles ; crafty, venal, and officious ; naturali- zed to crime; outcasts of credulity ; they have seen from their infancy their court a bagnio, their very churches scenes of daily assassination ! their faith i? form ; their marriage ceremony a mere mask for the most incestuous intercourses; gold is the god before which they prostrate every impulse of their nature. ^^ A curi sacra fames ! quid non mortalia pectora cogis \'' the once indignant exclamation of their antiquity, has- become the maxim of their modern practice. No nice extreme a true. Ilalian knows : But, bid bini go to hell — to hell he goes. Away with them any where from us ; they caniiot- live in England ; they will die in the purity of its moral atmosphere. Meanwhile during this accursed scrutiny, even while the legal bloud-hounds were on the scent, tlic last dear stay which bound her to the world parted ; the prbicess Charlotte died I I will not harrov; up a 212 LETTER father's feelings, by dwelling on this dreadful recol^ lection. The poet says, that even grief finds comfort in society, and England wept w ilh you. But, oh, God ! what must have been that hapless mother's misery, when first the dismal tidings came upon her ! The darling child over whose cradle she had shed so many tears — whose lightest look was treasured in her mem- ory — who, amid the world's frown, still smiled upon her — the fair and lovely flower, which, when her orb was quenched in tears, lost not its filial, its divine iidelity ! It was blighted iu its bosom — its verdant stem was withered, and in a foreign land she heard it, and alotic — no, no, not quite alone. The myrmidons of British hate were around her, and when her heart's bait tears were blinding her, a German nobleman was plundering her letters. Bethink you. Sire, if that fair paragon of daughters lived, would England's heart be wrung with this enquiry ? Oh ! she would have torn the diamonds from her brow, and dashed each royal mockery to the earth, and rushed before the people, not in a monarch's, but in nature-s majesty — a child appealing for her persecuted mother ! and God would bless the sight, a man would hallow it, and every lit- tle infant in the land who felt a mother's warm tear upon her cheek, would turn by instinct to tl}at sacred summons. Your daughter in her shroud, is yet alive, Sire — her spirit is amongst us — it rose untombed when lier poor mutlier lauded — it walks amid the people- it has left the angels to protect a parent. The theme is sacred, and I will not sully it — I will Hot recapitulate the griefs, and, worse than griefs, the little, pitiful, deliberate insults which are burning on every tongue in England. Every hope blighted — ev- ery friend discountenanced — her kindred in their grave — her declared innocence made but the herald to a more cruel accusation — her two trials followed by a tliird, a third on the same charges — her royal char- acter iusiauated away by German jyicMod:^ and Ital- £>j THE KiNu. i>7;i; ian coTispirators — her divorce sought by an extraor- dinary procedure^ upon grounds untenable before any usual lay or ecclesiastical tribunal — her name meanly erased from the Liturgy — her natural rights as a mo- ther disregarded,and her civil right as a Queen sought to be exterminated ! and all this — nil, because she dared to touch the sacred soil of liberty ! because she did not banish herself, an implied adulteress ! because she would not be bribed into an abandonment of her-^ self and of the country over which she has been called to reign, and to which her heart is bound by the most tender ties, and the most indelible obligations. Yes^ she might have lived wherever she selected, in all the magnificence which boundless bribery could procure for her, offered her by those who affect such tender- ness for your royal character, and such devotion to the honour of her royal bed. If they thought her guilty, as they allege, this daring offer was a double treason — treason to your majesty, whose honor they compromised — treasao to the people, whose money they thus prostituted. But she spurned the infamous temptation, and she was right. She was right to front her insatiable accusers ; even were she guilty, never -was there a victim with such crying paniations,bm all innocent, as in my conscience I believe her to be, not perhaps of the levities contingent on her birth, and which shall not be converted into constructive crimey but of the cruel charge of adultery ,now for athird time produced against her. She was right, bereft of the court, which was her natural residence, and all buoy- ant with innocence as she felt, bravely to fling herself xipon the wave of the people^ — that people will pro- tect her — Britain^s red cross is her flag, and Bruns- ivick's spirit is her pilot. May the Almighty send her royal vessel triumphant into harbour ! Sire, I am almost done j I have touched but slightly on your Queen^s misfortunes — I have coit- ^racted the volume of her injuries to a single page,. Z,2 ^ €7^ tETTER and if upon that page one word ofTend yon, intpvjte- it to my zeal, not my intention. Accustomed ail my life to speak the simple truth, I olFer it with fearles;? honesty to my sovereign. You are in a difficult — if. may be in a most perilous emergency. Banish from your court the sycophants who abuse you^ surround your palace w ith approving multitudes^ not armed with mercenaries.. Other crowns may be bestowed b}" despots and entrenched by cannon -y. but The throne we honor is the people's choice. Its safest bulwark is the popular heart, and its bright- est ornament ddmestic virtue. Forget not also, there is a throne which is above even the throne of England —where flatterers cannot come — where kings are scep- treless. The vows you made are w ritten in languaga brighter than the sun, and in the course olnature, yoa must soon confront them ; prepare the way by effa- cing now, each seeming, slight and fancied injury ; and when you answer the lc;st awful trumpet, be your answer this : '' GOD, I FORGAVE— 1 HOPE TO BE FORGIVEN." But, if against all policy, all Immanity, and all ccljgion, you shall hearken to the counsels which further countenance this unmanly persecution, then must I appeal, not to you, but to your parliament. I appeal to the sacred prelacy of England, wheth- er the holy vows which their high clunch admin- istered, have been kept towards this illustrious la- dy — whether the hand of man should have erased her from th.it i)age, with which it is worse than blas- phemy in man to interfere — whether as Heaven's- \;tcegerents, they will not abjure the sordid passions of the earth, imitate the inspired humanity of their Saviour,, and like Him, project a persecuted creature from the insatiate fangs of ruthless, bloody, and ui3- tringaccusatioru TO THE KIXG^ :>^ j- I appeal to the hercditanj peerage of the realm, wheilier they will aid tiiis levelling dcDiuiciution ot their Queen — whether they will exhibit the unseemly spectacle of illustrious rank and royal lineage degra- ded for the crime ol" claiming its inheritance — wheth- er they will hold a sort of civil crimination^ where the accused is entitled to the mercy of an impeachment / or whether they will say witii theirimmortal ancestors — '• We will not tamper with the laws of England !'' I appeal to the ermined, independent judges, wiieth- er life is to be made a perpetual indictment — wheth- er two ac(juitials should not discountenance a third ex- periment — whether, if any subject came to their tri- bunal thus circumstanced, claiming either divorce or Qompensation, they would grant his suit, and 1 invoke from them, b}^ the eternal majesty of British justice, the same measure for the peasant and the prince ! I appeal to the Commons in Parliament assembled^ representing the fathers and the husbands of the nation — I beseech them by the outraged morals of the land ! — by the overshadowed dignity of the throne — by the holiest and tenderest forms of religion — by the lion- our of the army, the sanctity of the church, the safety of the state, ami character of the country — by the solemn virtues which consecrate their hearths — by those fond endearments of nature and of hab't which attach them to tiieir cherished wives and famihes, I implore their tears, their protection, and tlieir pity upon the married widow and the childless mother ! To those liigh powers and authorities I appeal^ with the firmest confidence in their honour.their integ- rity, and their wisdom. May their comiuct jiistify my faith, and raise no blush on the cheek of our pos^ serity ! I have the honor to subscribe myself^ Sire, Your Majesty's most faithful subject. CHARLES PHILLIPS'. APPENDIX. ROBERT EMMETT. IFer the following sketch of the character and trial of this distiu- giiished champion of liberty, we are indebted to Phillips'' RecoUcc- fions ofCvrran. a work of great merit, recently published. The speech of Mr. Emmett, delivered immediately before sentence of death, we have copied from anotlier work. This has been given by his immediate friends, and may be considered more genuine than any that has been presented to the world by his enemies. — Speaking of Ireland, Mr. Phillips says :— After t!ie dreadful tempest of 1798, the country seemed to have fallen into a natural repose. Gov- ernment was beginning to relax in its severities — the Habeas Corpus act was again in operation — the Un* ion had been carried, and this once kingdom w as grad- ually sinking into the humility- of a contented prov- ince. All of a sudden, the government unprepared, the people unsuspicious, and the whole social system apparently proceeding without impediment or appre- hension, an insurrection broke out in Dublin, which was attended with some melancholy, and at first threat- ened very serious consequences. At the head of this msurrection was Robert Emmett, a young gentle- man of respectable family, interesting manners, and most extraordinary genius. He had been very inti- mate in Curran's family, and was supposed to have had a peculiar interest in its happiness. To that in- timacy he feelingly alluded afterwards on his trial when he said — " For the public service I abandoned the worship of another idol whom I adored in my soul." — It is remarkable enough that some years be^ fere, his brothefj Mr. Thomas Addis Emmett, hadj 378 APPEJTBIX. with Doctor Mac Nevin and several other disconteut- ed characters, been deported to America, where he is. now practising at the bar of New-York with eminent' success. He is a man of very resplendent genius, and indeed it seemed to be hereditary in his family. His father was state physician, and his brother Tem- ple, who died at the ago of thirty, had already attain- ed the very summit of liis profession. But the per- son whose fate excited the most powerful interest was the unfortunate Robert. He was but just twenty- three, had graduated in Trinity College, and was gift- ed with abilities and virtues which rendered him an object of universal esteem and admiration. Every one loved — every one respected him — his fate made an impression on the University which has not yet been obliterated. His mind was naturally melan- clioly and romantic — he had fed it from the pure fountain of classic literature, and might be said to Lave lived, not so much in the scene around him as in. the society of the illustrious and sainted dead. The poets of antiquity were his companions — its patriots his models, and its republics his admiration. He had but just entered upon the world, full of the ardour which such studies miglitbe supposed to have excited, and unhappily at a period in the history of his coun- try, when such noble feelings were not only detrimen- tal but dangerous. It is but an ungenerous loyalty which would not weep over the extinction of such a spirit. The irritation of the Union had but just sub- sided. The debates upon that occasion he had drank in with devotion, and doctrines were then promulga- ted by some of the ephemeral patriots of the day, well calculated to inllajne minds less ardent than Robert Emmett's. Let it not be forgotten by those who affect to despise his memory, that men, matisred by experies^ce, deeply read in the laws of their coun- try, and venerated as the high priests of t-ie constitu- tion, had but two years bafore, vehemently ^icloquent^- APPENDIX, 27s ]y, and earnestly, in the very temple itself, proclaimed resistance to be a duty. Unhappily for him, his mind became as it were drunk witli the delusions of the day, and he formed the v.ild idea of emancipating his country from her supposed thraldom by the sac- rifice of his own personal fortune, and the instrumen- tality of a few desperate and undisciplined followers. On the 23d day of July, 1803, this rebellion, if it can be called such, arose in Dublin ; and so unpre- pared was government for such an event, that it is an indisputable fact, that there was not a single ball with which to supply the artillery. Indeed, had the delu- «led followers of Emmett common sense or common conduct, the castle of Dublin must have fallen into their possession ; and what fortunately ended in a petty insurrection, might have produced a renewal of the disastrous 98. JMuch depesids upon the success of the moment ; and there was no doubt,, there were very many indolent or desponding malcontents, whom the surrender of that citadel v/ould ]m\ e roused into ac- tivity. However, a very melancholy and calamitous occurrence is supposed at the moment to have divert- ed Emmett's mind from an object so important. — Lord Kil warden, (lie then" Chief justice, the old and esteemed friend of JMr. Curran,was returning from the €ountry,and had to pass through the very street of the insurrection. He was recognized — seized, and inhu- manly murdered, against all the entreaties and com.- mands of Emmett. This is supposed to have dis- gusted and debilitated him. He would not wade througii blood to liberty, and found, too late, that treason could not be restrained even by the authority it acknowledged. Lord Kilv.arden died like a judi- cial hero. Covered with pike woiiiius, and fainting from loss of blood, his last words were, ^* Let no man perish in consequence of my death, but by the regular operation of the laws,*' — words which sliould be en- graven in letters of gold upon his monument. Spealc- 2$d APP£]k*fti^« iiig of liim afterwards, during the subseqiieiit triaU, ;^Ir. Curran said, '' It is impossible for any man ha- ving a head or a heart to look at this infernaltransac- tion without horror. I had known Lord Kilwarden for twenty years. No man possessed more strongly than he did two qualities — he was a lover of humani- ty and justice almost to a weakness, if it can be a weak- ness." The result of this murder was the paralysis of the rebels, and the consequent arrest of Emmett. — There was found in his depot a little paper in which was drawn up a sort of anal} bis of his own mind, and a supporiition of the state in which it was likely to be ill case his pros]>ects ended in disappointment. Jt is an admirable portraiture of enthusiasm. ^' I have but lit- tle time," he says,'* to look at the thousand diliiculties which lie between me and tlie completion of my pro- jects. That those difhculties will likewise disa]»pear, 1 have ardent, and, 1 trust, rational hopes; l>ut if it is not to be the case, I thank God for having gifted me with a sanguine disposition : to that disposition I ruu from rellection; and if my hopes are without founda- tion — if a precipice is opening under my leet from which duty will not suffer me to run back,l am grate- ftd for that sanguine disposition, which leads mc to the brink and throws me down,while m}' eyes are still raised to that vision of happiness which my fancy formed in the air." On the 19th ol September, 1803, he was brought to trial, and of course convicted. Indeed, his object appeared to be to shield his character rather irom the imputation of blood than of rebellion ; and it is but an act of justice to his memory, to say, that, so far as depended upon him, there Avas nothing of inhumanity imputable. Mr. Curran was, I believe, originally as- signed him as counsel, but this arrangement was af- terwards interrupted. Nothing could exceed the pub- lic anxiety to hear the trial : however, the audience was exclusively military — there was not a person in coloured clothes in the court-house. Jjnmett remain- APPENDIX. 281 ©d perfectly silent until asked by the court, in the usu- al form, what he had to say why sentence of death should not be pronounced on him according to law. — The following is his speech upon that occasion : — Mr. Emmett. " What have I to say why sentence •f death should not be pronounced on me according to law ? I have nothing to say that can alter your predetermination, nor that will become me to say with any view to the mitigation of that sentence which you are here to pronounce, and I must abide by. But I have that to say which interests me more than life, and which you have laboured (as was neces- sarily your office in the present circumstances of this oppressed country) to destroy. I have much to say why my reputation should be rescued from the load of false accusation and calumny which has been heaped upon it, I do not imagine that, seated where you are, your minds can be so free from impurity as to receive the least impression from what I am going to utter. I have no hopes that I can anchor my character in the breast of a court constituted and trammeled as this is. I only wish, and it is the utmost I expect, that your Lordships may suffer it to float down your memories^ untainted by the foul breath of prejudice, until it finds some more hospitable harbour to shelter it from the storms by which it is at present bufleted. Were I only to suffer death, after being adjudged guilty by your tribunal, ^ should bow in silence, and meet the fate that awaits me without a murmur ; but the sen- tence of the law, which delivers my body to the exe- cutioner, will, tlirough the -'lijiistry ol that !aw, labour, in its own v linicat'on, to consign my character to ob- loquy — for tfiDe nuist be guilt somewhere ; whethei' in the sentence of the court, or in the catastrophe,poS' terity must detenn ne. A man in my situation has not only to encounter the difficulties of fortune, and A a 282 APPENDIX. the force of power over minds which it has corrupted or subjugated, but also the difficuhies of estabhslied prejudice. The man dies, but his memory Hves. — ^rhatmine may not perish, that it may live in the res- pect of my countrymen, I seize upon this opportunity to vindicate myself from some of the charges alledged against me. When my spirit shall be wafted to a more friendly port ; when my shade shall have joined the bands of those martyred heroes who have shed their blood on the scaffold and in the field, in defence of their country and of virtue — this is my hope — I wish that my memory and name may animate those who survive me ; while I look down with complacency on the destruction of that perfidious government which upholds its domination by blasphemy of the Most High — which displays its power over men as over the beasts of the forest — which sets man upon his bro- ther, and lifts his hand in the name of God against the throat of his fellow who believes or doubts a little more or a little less than the government standard — a go- vernment, which is steeled to barbarity by the cries of the orphans and the tears of the widows which it has made. [Here Lord Norbitrii interrupted Mr. Emmett, sa'jing, that the ivicked enthusiasts iv ho felt as he did icere not equal to the accomplishment of their ivild de- signs.'] I appeal to tlie immaculate God — I swear by the throne of Heaven, before which I must shortly appear ■"—by the blood of the murdered patriots who have gone before me — that my conduct has been through all this peril, and through all my purposes, governed only by the convictions which I have uttered, and by no other view than that of their cure, and the eman- cipation of my country from the superinhuman op- •pression under which she has so long and too patient- ly travailed ; and I confidently liope, that wild and chimerical as it may appear, tjiere is still union aixi strength in Ireland sufficient to accomplish this tw)- AFPEXDIX. ?83 blest enterprise. Of this I speak with the confidence of intimate knowledge, and with the consolation that appertains to that confidence. Think not. my Lord, I say this for the petty gratification of giving you a transitory uneasiness. A man who never yet raised liis voice to assert a lie will not hazard his character with posterity by asserting a falsehood, on a subject so important to his country, and on an occasion like this. Yes, my Lord, a man who does not wish to have his epitaph written until his country is liberated, will not leave a weapon in the power of envy nor a pretence to impeach the probity which he means to preserve even in the grave to which tyranny consigns him. [Hcj'e he ivas again interrupted by the judge.'] Again I say that what I have spoken was not inten- ded for 3"our Lordship, whose situation I commiserate rather than envy — my expressions were for my coun- trymen ; if tliere is a true Irishman present, let my last words cheer him in the hour of affliction. [Here he icas again interrupted hithe court.'] I have always understood it to be the duty of u judge, when a prisoner has been convicted, to pro- nounce the sentence of the law ; I have also under- stood that judges sometimes think it their duty to hear with patience, and to speak with humanity ; to exhort the victim of the laws, and to offer, with tender benignitVjhis opinions of the motives by which he was actuated in the crime of which he had been adjudg- ed guilty — that a judge has thought it his duty so 6f> have done, I have no doubt; but where is the boasted freedom of your institutions — where is the vaunted impartiality and clemency of your courts of justice, ir an unfortunate prisoner, whom your policy, not pure Justine, is about to deliver into the hands of the exe- cutioner, is not suffered to explain his motives sin- cerely and truly, to vindicate the principles by which he was actuated ? My Lord^ it may be a part of the system oi^angrf 584 APPENDIX^ justice to bow a man's mind by humiliation to the purposed ignominy of the scaffold ; but worse to me than the purposed shame, or the scaffold's terrors, would be the shame of such foul and unfounded im*- putations as have been laid against me in this court* You, my Lord, are a judge, I am the supposed cul- prit — I am a man, you are a man also — by a revolu- tion of power, we might change places, though we never could change characters ; if I stand at the bar of this court, and dare not vindicate my character, what a farce is your justice ! If I stand at this bar,and dare not vindicate my character, how dare you calum- niate it ? Does the sentence of death, which your un- hallowed policy inflicts on my body,also condemn my tongue to silence, and my reputation to reproach ? Your executioner may abridge the period of ray exis- tence ; but, while I exist, I shall not forbear to vindi- cate my character and motives from your aspersions ; and, as a man to whom fame is dearer than life, I will make the last use of that hfe in doing justice to that reputation which is to live after me, and which is the only legacy I can leave to those I honour and love, and for whom I am proud to perish. As men, we must appear on the great day at one common tribu- nal, and it will then remain for the Searcher of all hearts to show a collective universe who was engaged in the most virtuous actions, or attached by the purest motives — my country's oppressors, or — [Here he was interrupted J and told to listen to the sentence of the laio.'] My Lord, shall a dying man be denied the legal privilege of exculpating himself, in the eyes of the community, of an undeserved reproach thrown upon him during his trial, by charging him with ambition, and attempti?ip: to cast away, for a paltry considera- tion, theliberties of his country ! Why did your Lord- ship insult me ? — or, rather, why insult justice in der manding of me why sentence of death bhould not h^ APPENDIX. 285' pronounced ? I know, my Lord, that form prescribes that you should ask the question ; the form also pre- sumes a right of answering. This, no doubt, may be dispensed with — and so might the whole ceremony of the trial, since sentence was already pronounced at the castle before your jury was empannelled; your Lordships are but the priests of the oracle — and I sub- mit to the sacrifice; but I insist on the whole of th6 forms. [Here the court desired him to proceed.^ I am charged with being an emissary of France. An emissary of France ! and for what end ? It is al- ledged that I wished to sell the independence of my country 1 And for what end ? Was this the object of my ambition ? And is this the mode by which a trir bunal of justice reconciles contradictions ? No ; I am no emissary — my ambition was to hold a place among the deliverers of my country — not in power, not in profit, but in the glory of the achievement ! Sell my countiy's independence to France I and for what ? A change of masters ? No ; but for ambition ? Oh, my country ! was it personal ambition that in- fluenced me — had it been the soul of my actions,could I not, by my education and fortune, by the rank and consideration of my family ,have placed myseh amongst the proudest of your oppressors ? My country was my idol — to it I sacrificed every selfish, every endearing sentiment, and for it I now offer up my life. Oh, God I No, my Lord, I acted as an Irishman^ determined on delivering my country from the yoke of a foreign and unrelenting tyranny, and from the more galling yoke of a domestic faction, its joint partner and perpetrator in patricide, whose rewards are the ignominy of ex» isling witii an exterior of splendour, and a conscious- ness of depravity. It was the wish of my heart to extricate my country from this doubly rivete'l des;jjtism. I wished to place her independence beyond the reach of any power on earth. I wished to exalt her to that proud station Aa2 286 APPENDIX. in the world which Providence had destined her tc fill. Connexion with France was indeed intended — hut only so far as mutual interest would sanction or require ; were they to assume any authority inconsistent with the purest independence, it would be the signal for their destruction — we sought aid, and we souglit it as we had assurances we should obtain it — as auxiharies in war, and allies in peace. Were the French to come as invaders, or enemies uninvited by the wishes of the people, I should oppose them to the utmost of my strength. Yes, my coun- trymen, I should advise you to meet them on the beach, with a sword in one hand and a torch in the other. I would meet them with all the destructive fury of war, and I v/ould animate my countrymen to immolate them in their boats before they had con- taminated the soil of my country. If they succeeded inlanding,and if forced to retire before superior disci- pline, I would dispute every inch of ground, raze eve- ry house, burn every blade of grass — the last spot in which the hope of freedom should desert me, there would I hold, and the last intrenchment of liberty should be my grave. What I could not do myself, in ray fall, I should leave as a last charge to my coun- trjanen to accomplish, because I should feel con- scious that life, any more than death,is dishonourable when a foreign nation holds my country in subjec- tion. But it was not as an enemy tliat the succours of France were to land ; I looked, indeed, for the assis- tance of France. I wished to prove to France and to the world, that Irishmen deserved to be assisted — that they were indignant of slavery, and were ready to as- sert the independence and liberty of their country. I wished to procure for my country the guaranty which Washington procured for America. To pro- cure an aid which would, by its example^, be as impoi'- taut as its valour — disciplined, gallant, pregnant with science and with experience ; allies avIio would per- ceive tiie good, and, in our collision, polish the rough points of our character ; they would come to us as strangers and leave us as friends, after sharing in our perils, and elevating our destiny ; n>y ohjects wer.'^ not to receive new task-masters, hut to expel old ty- rants — these were my views, and these only hecame Irishmen. It was for these ends I sought aid from France — because France, even as an enemy, could not be more implacable than the ememy already in the bosom of my country ! [Here he was infernipf- ed hy the court.^ I have been charged with that importance in the efforts to emancipate my country ,as tobe considered the key- stone of the combination of Irishmen, or, as your Lordship expressed it, " the life and blood of the con- spiracy."' You do me honour overmuch — you have given to the subaltern all the credit of a superior; there are men engaged in this conspirac}^ who are not only superior to me,but even to your own conceptions of youi^elf, my Lord — men before tlie splendour of whose genius and virtues I should bow with respect- ful deference, and who would think themselves dis- honoured to be called your friends — who would not disgrace themselves by shaking your blood-stained hand — [Here he was interrupied.~\ What, my Lord, shall you tell me, on the passage to that scaffold v/hich the tyranny, of which you are only the intermediary executioner, has erected for my murder, that I am accountable for all the blood that has and will be shed m this struggle of the oppressed against tjieoppressor — shall you tell me this, and must I be so very a slave as not to repel it ? I, who fear not to approach the Omnipotent Judge, to answer for the conduct of my whole life — am I to be appalled and falsified by a mere remnant of mxortality here — by you, too, who, if it were possible to co.llcct all the in* 288 APPENDIX. nocent blood that you have shed, in your unhallowed ministry, in one great reservoir, your Lordship might jSwim in it ! [He?'e the judge interfered.~\ Let no man dare, when I am dead, to charge me with dishonour — let no man attaint my memory, by believing that I could engage in any cause but that of my country's liberty and independence — or that I could become the pliant minion of power in the op- pression or the miseries of my countrymen ; the proc- lamation of the provisional government speaks for my views; no inference can be tortured from it to counte- nance barbarity or debasement at home, or subjection, or humiliation, or treachery, from abroad. I would not have submitted to a foreign invader, for the same reason that I would resist the domestic oppressor. In. the dignity of freedom I would have fought upon the tjneshold of my country, and its enemy should enter only by passing over my lifeless corpse. And am I, who lived but lor my country, who have subjected my- self to the dangers of the jealous and watchful op- pressor, and now to the bondage of the grave, only to give my countrymen their rights and my country her independence, to be loaded with calumny, and not suflered to resent and repel it ? No ; God forbid ! If the spirits of the illustrious dead participate in the concerns and cares of those who were dear to •them in this transitory life — Oh ! ever dear and vene- rated shade of my departed father, look down with scrutiny upon the conduct of your suffering son, and see if I have even for a moment deviated from those principles of morality and patriotism which it was your care to instil into my youthful mind, and for which I am now to offer up my life. My Lords, you seem impatient for the sacrifice — the blood for which you thirst is not congealed by the artificial terrors which surround your victim; it cir- culates warmly and unruffled through the cliannels which God created for noble purposes, but which you APPENDIX. 289 are bent to destroy for purposes so grievous, that they cry to Heaven. Be yet patient ! I have but a few words more to say. I am going to my cold and silent grave ; my lamp of life is nearly extinguished : my race is run : the grave opens to receive me, and I sink into its bosom. I have but one request to ask at my departure from this world ; it is the charity of its si- lence. Let no man write my epitaph ; for as no man who knows my motives dare noio vindicate them, let not prejudice or ignorance asperse them. Let them and me repose in obscurity, and my tomb remain uu- inscribed, until other times and other men can do jus- tice to my character. When my country takes her place among the nations of the earth, then, and not till then, let my epitaph be written. 1 have done !" These were the last words which Robert Emmett ever spoke in public ; and these words deliberately avowed and justified the ccnd'jct for which his life had been pronounced the forfeit. Indeed he does not appear to have been a young man upon whose mind adversity could produce any effect. He was buoyed up by a characteristic enthusiasm ; and this, tempered as it was by the utmost amenity of manners, rendered liim an object of love and admiration, even in his prison. Of his conduct there I have had, well au- thenticated, some very curious anecdotes. One day, previous to his trial, as the governor was going his rounds, he entered Emmett's room rather abruptly ; and observing a remarkable expression in his countenance, he apologized for the interruption. He had a fork affixed to his little deal table, and ap- pended to it there was a tress of hair. " You see,^' said he to the keeper, " how innocently I am occupi- ed. This little tress has long been dear to roe, and I am plaiting it to wear in my bosom on the day of my execution !" On the day of that fatal event, there was found sketched by his own hand, with a pen anji i90 APPENDIX. ink, upon that very table, an admirable likeness of himself, the head severed from the body, which lay near it, surrounded by the scaffold, the axe, and all the frightful paraphernalia of a high treason execu- tion. What a strange union of tenderness, enthusi- asm, and fortitude, do not the above traits of charac- ter exhibit ! His fortitude, indeed,never for an instant forsook him. On the night previous to his death, he slept as soundly as ever ; and when the fat.al morning dawned he arose, knelt down and prayed, ordered some milk, which he drank, wrote two letters, (one to Jhis brother in America, and the other to the secreta- ry of state, inclosing it • and then desired the sheriffs to be informed that he was ready. When ihey came into his room, he said he had two requests to make — one, that his arms might be left as loose as possible, ^vhich was liumanely and instantly acceded to. "I make the other," said he," not under any idea that it can be granted, but that it may be held in remen> brance that I have made it — it is, that I may be per- mitted to die in my uniform."* This of course could not be allowed ; and the request seemed to have had no other object than to show that he gloried in the •duse for which he was to suffer. A remarkable ex- ample of his power both over himself and others oc- curred at this melancholy moment. He was passing out, attended by the sheriffs, and preceded by the executioner — in one of the passages stood the turnkey who had been personally assigned to him during his imprisonment : this poor fellow loved him in his heart, and the tears were streaming from his eyes in torrents. Emmett paused for a moment ; his hands were not at liberty — he kissed his cheek — and the man, who had been for years the inmate of a dungeon, habituated to the scenes of horror, and hardened against their * Tlie colour of the rebel uniform was green. AfPENBIX. 29i operation, fell senseless at his feet. Before his eyes had opened again upon this world, those of the youthful sufferer had closed on it forever. Such is a brief sketch of the man who^originated the last state tri- als in which Mr. Curran acted as an advocate. Upon his character, of course, different parties will.pass differ- ent opinions. Here he suffered the death of a traitor — in America his memory is as that of a martyr, and a full length portrait of him, trampling on a crown, is one of their most popular sign-posts. Of his high honor Mr. Curran had perhaps even an extravagant opinion. Speaking of him to me one day, he said, "I would have believed the word of Emmett as soon as the oath of any one I ever knew." Our conversa- tion originated in reference to some expressions said to have fallen from him during his trial, reflecting on Mr. Plunket, who was at that time solicitor general. However, the fact is, that Mr. Plunket's enemies in- vented the whole story. — Emmett never, even by im- plication, made the allusion ; and I am very happy that my minute inquiries on the subject enable me to add an humble tribute to the name of a man who is at once an ornament to his profession and his coun- try — a man whom Mr. Curran himself denominated the L'ish GylippuSy '• in whom," said he, " were con- centrated all the energies and all the talents of the nation." It is quite wonderful with what malignanf; industry the enemies of integrity and genius circula- ted this calumny upon Mr. Plunket. But the Irish na- tional aptitude for scandal has unfortunately now be- come naturalized into a proverb ! Very far is it from my intention to diso1)ey the last request of Emmett, by attempting to place any inscription upon his tomb — that must await the pen of an impartial posterity ; and to that posterity his fate will go, were there no other page to introduce it than that of the inspired author of Lalla Rookh, who was his fi'iend and op- 292 APPENDIX. temporary in college, and who thus most beautifully alludes to him in his Irish Melodies : O breathe not his name ! let it sleep in the shade Where, cold and iinlionoured, his relics are laid ! 3ad, silent and dark, be the tears that we shed, As the night-dew that falls on the grass o'er his head. But fhe-night dew that falls, though in silence it weep*', Sliall brighten with verdure the grave where he sleeps".: And the tear that we shed, though in secret it rolls, *%all long keep his memory green in our souls. THE ENB- ^# ^..% "^ \^ :#v/h:^ % ^ J ' ^ ■ay V ^-^^^^.>^; ." rV , x>. ^ -.<^^^ ^^^0^ : ^ ^^O. 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