THREE:A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.
Lorem ipsum dolor sit amet, consectetur adipisicing elit. Libero praesentium quam nulla, porro nemo.
THREE:In the House of Lords the comments on the Ministerial measures were characterised by much bitterness, both against the Government and the League; and the Duke of Richmond asked why Mr. Cobden was not created a peer, and placed on the Treasury Bench in the House of Lords? In the Commons the excitement among the Protectionist party was no less manifest; but the crowded House waited impatiently for the Minister's explanations. Lord Francis Egerton moved the Address, giving the key-note of the Ministerial plans by declaring that his own opinions on the Corn Laws had undergone a complete alteration, and imploring the House to come to "a full, satisfactory, and final settlement of the question." Mr. Beckett Denison, who seconded the motion, declared that experience had "driven" him to the same conclusion.There is in all this much of the splenetic jealousy of an aged invalid towards a vigorous competitor, who has outstripped him in the race. O'Connell excited much hostility amongst the friends of Emancipation by his opposition to the veto which they were willing to give to the British Crown on the appointment of Roman Catholic bishops by the Court of Rome. But the more antagonists he had, and the more battles he fought, the greater was his hold on the Roman Catholic priests and people. His power had arrived at its greatest height when the Canningites left the Ministry, and Mr. Vesey Fitzgerald came to Ireland to seek the suffrages of the Clare electors as an influential member of the Government. At first, no one had the least doubt of his triumphant return. He had been popular as Chancellor of the Exchequer in Ireland; he was a steady friend of Catholic Emancipation, for which he had always voted; he was personally popular; the gentry of the county were almost to a man devoted to him. It appears that O'Connell had at first no idea of starting against him. The proposal is said to have originated with Sir David Roose, who, having accidentally met Mr. P. V. Fitzpatrick on the 22nd of June, remarked that O'Connell ought to offer himself for Clare. Mr. Fitzpatrick then recollected having often heard Mr. John Keogh, of Mount Jerome, who had been the Catholic leader for many years, express his conviction that Emancipation would never be granted till a Catholic was elected a member of Parliament. If, when returned by a constituency, he was not permitted to take his seat because he would not violate his conscience by swearing what he did not believe, John Bull, who is jealous of constitutional rights, would resent this wrong, and would require the oath to be altered for the sake of the constituency. The moment this thought occurred to Mr. Fitzpatrick, he ran to O'Connell and begged of him to stand for Clare. They went to the office of the Dublin Evening Post, and there, in presence of Mr. F. W. Conway, the address to the electors was written. Still O'Connell shrank from the contest on account of the enormous cost. "You know," he said, "that, so far from being in circumstances to meet that outlay from my own resources, I am encumbered with heavy liabilities beyond my power of discharging. You are the only person with whom I am acquainted who knows intimately the Catholic aristocracy and men of wealth. Would[272] you undertake to sound them as to funds for the contest?" Fitzpatrick answered, "I will undertake it, and I am confident of success." Within an hour he got three men of wealth to put down their names for 100 each. The four then went round to the principal Catholics of Dublin, and during the day they got 1,600 from sixteen persons. The country followed the example of the metropolis so liberally that 14,000 was raised within a week, and money continued to flow in during the contest. The supplies, however, were not sufficient for the enormous demand, and in the heat of the contest a messenger was sent posthaste to Cork, and in an incredibly short space of time returned with 1,000 from Mr. Jerry Murphy, who himself subscribed 300, and got the remainder from its patriotic inhabitants. The sum of 5,000 had been voted by the Association for the expenses of the election. They had been very anxious to get a candidate to oppose Mr. Vesey Fitzgerald, and a popular Protestant, Major Macnamara, had been requested to come forward, but he declined on the ground of his personal obligations to the Ministerial candidate. Indeed, there were few of the smaller gentry in the county on whom he had not conferred favours by the liberal distribution of places among their sons. The Roman Catholic gentry were quite as much indebted to him as the Protestants, and they were not ungrateful, for they stood by him on the hustings almost to a man. Mr. O'Connell was preceded by two friends, Tom Steel and O'Gorman Mahon; the former a Protestant, the other a Roman Catholic: both men remarkable for their chivalrous bearing, and a dashing, reckless spirit, which takes with the Irish peasantry. A third agitator entered the field in the person of honest Jack Lawless, another leading member of the Association, and one of its most effective speakers. This band was soon joined by Father Tom Maguire, a famous controversialist, from the county of Leitrim, who had just been engaged in a discussion with the Rev. Mr. Pope, and was hailed by the peasantry as the triumphant champion of their faith. There was also a barrister, Mr. Dominick Ronayne, who spoke the Irish language, and who, throwing an educated mind into the powerful idiom of the country, produced great effects upon the passions of the people. Mr. Sheil, second only to O'Connell in energy and influence, and superior to him in the higher attributes of the orator, in the fiery temperament and imaginative faculty which constitute genius, flung himself into the arena with the greatest ardour. On the Sunday previous to the election each of these agitators was dispatched to a chapel situated in a district which was the stronghold of one or other of the most popular landlords, for the purpose of haranguing the people after mass, and rousing their enthusiasm to the highest pitch. Mr. Sheil went to a place called Corrofin, situated in a mountainous district, the property of Sir Edward O'Brien, father of Mr. Smith O'Brien, who drove to the place in his carriage, drawn by four horses. There he saw the whole population congregated, having advanced from the rocky hills in large bands, waving green boughs, and preceded by fifes and pipers. The hitherto popular landlord was received in solemn silence, while his antagonist, Mr. Sheil, was hailed with rapturous applause. Sir Edward O'Brien consequently lost heart, and, leaving his phaeton opposite the chapel-door, went to church. Mr. Sheil gives a graphic description of Father Murphy, the priest of this rudely constructed mountain chapel. His form was tall, slender, and emaciated; "his ample hand was worn to a skinny meagretude; his face was long, sunken, and cadaverous, but was illuminated by eyes blazing with all the fire of genius and the enthusiasm of religion; his lank black hair fell down in straight lines along a lofty forehead. The sun was shining with brilliancy, and rendered his figure, attired as it was in white garments, more conspicuous. The scenery about was in harmonyit was wild and desolate." This priest met the envoy of the Association on the threshold of his mountain temple, and hailed him with a solemn greeting. After mass the priest delivered an impassioned harangue. The spirit of sarcasm gleamed over his features, and shouts of laughter attended his description of a miserable Catholic who should prove recreant to the great cause by making a sacrifice of his country to his landlord. "The close of his speech," says Mr. Sheil, "was peculiarly effective. He became inflamed by the power of his emotions, and, while he raised himself into the loftiest attitude to which he could ascend, he laid one hand on the altar and shook the other in the spirit of almost prophetic admonition, and, while his eyes blazed and seemed to start from his forehead, thick drops fell down his face, and his voice rolled through lips livid with passion and covered with foam. It is almost unnecessary to say that such an appeal was irresistible. The multitude burst into shouts of acclamation, and would have been ready to mount a battery roaring with cannon at his command. Two days[273] afterwards the results were felt at the hustings, and while Sir Edward O'Brien stood aghast, Father Murphy marched into Ennis at the head of his tenantry, and polled them to a man in favour of Daniel O'Connell."
Lorem ipsum dolor sit amet, consectetur adipisicing elit. Quae, sit, voluptate! Debitis sint ipsum ea aliquid.
ONE:
ONE:The British, apprised of the views of France, determined to send a fleet and troops to protect[258] the West Indies; but, instead of sending the requisite force from home, the Ministers ordered Clinton to send five thousand men from New York. This was another example of the feeble and penurious manner in which they carried on this war. Clinton had recently sent three thousand five hundred men to Georgia, and now this detachment of five thousand diminished his already insufficient army by eight thousand five hundred men. It was, therefore, utterly impossible that he could take another decisive step in America during this year, and thus Congress was left to strengthen its army and to await fresh reinforcements from France.Having reported to Mr. Canning the result of his diplomatic efforts at Paris, the Duke set out on his journey to Vienna, where he arrived on the 29th of September, and where he expected the Congress to be held. But there again England's plenipotentiary, the great conqueror of Napoleon, who had restored the legitimate despots to their thrones, was treated with as little consideration as at Paris. Not till his arrival did he learn that the Congress which he was invited to attend was not to be held at Vienna at all, but at Verona. Meanwhile, in the interval between the adjournment from one city to another, the Allied Sovereigns were paying a visit of friendship to the King of Bavaria, whose system of government no doubt met with their unqualified approval. As the Duke's instructions forbade him to meddle with Italian affairs, he tarried at Vienna till he should receive further instructions from his own Government. While awaiting an answer he had opportunities of conferring personally with the Czar, who had obtained an ascendency in the councils of the Holy Alliance which rendered him the virtual master of every situation. With regard to the affairs of Turkey, the Duke succeeded in obtaining from his Imperial Majesty an assurance that, unless driven to it by some unforeseen and irresistible necessity, he would not come to an open rupture with the Sultan. He was not so successful in his exertions with regard to the Spanish question, on which the Czar was in an irritable mood. He said that Spain was the very centre and focus of revolutionary principles, and he felt it to be the duty not less than the policy of the Allied Sovereigns to trample them out at their source, and for this purpose he had proposed to contribute 150,000 men, whom he intended to march into Spain through French territory. In reply to the Duke's earnest remonstrances against this course, the Czar put a question which betrays the aggressive policy of military despots. He asked what he was to do with his army. It insisted upon being led against Turkey, and was only restrained because he had expressed his determination of employing it in putting down what he called Jacobinism in the west.
ONE:
