been worried by cruel and unprincipled prosecutions; and the instruments of our Government have been almost simplified into the tax-gatherer and the hangman." This dismal picture of the condition of his country could not have been made in so public a manner, and by a man of Curran's character, unless it had been true. He could not have ventured to tell a large assembly of his countrymen that they were ground down by taxes and sinking into beggary, if they could all have risen up and contradicted him on the spot. Besides, the evidence from other quarters is too clear and strong to allow us to doubt of the accuracy of any one feature in the sombre scene he depicts. The country was, during all those years, as usual, disturbed now and then by a vindictive murder of some bailiff, or agent, who had turned poor families adrift, and pulled down their houses; or some tithe-proctor, who had seized on a widow's stack-yard. And all these acts of vengeance or despair were uniformly treated as seditious insurrections." Ireland, therefore, remained under an almost uninterrupted Insurrec tion Act. The Act of Habeas Corpus had been suspended in 1800 by the Act for the Suppression of the Rebellion; that Act had been continued in 1801, and again in 1804, and had been replaced in 1807 by another martial law (substantially the same law), called the Insurrection Act, which was maintained until 1810. It will be seen hereafter how steadily the same exceptional coercion laws, but with ingenious variations of name, have been continued down to this day.

CHAPTER XVII.

1813-1821.

Grattan s Emancipation Bill-More Veto-Quarantotti-Unanimity in Ireland against Veto-Mr. Peel and his New Police-Stipendiary Magistrates-Close of the War Restoration of the Bourbons-Waterloo-Evil Effects on IrelandThe Irish Legion in France-Its Fate-Miles Byrne and his Friends-Effects of the Peace in Impoverishing the Irish-Cheap Ejectment Law passed -Beginning of Extermination - "Surplus Population "-Catholic Claims Ruined by the Peace-O'Connell and Catholic Board-Board Suppressed-O'Connell in Court-His Audacity -His Scorn of the Dublin Corporation-Duel with D'Esterre-Distress in Ireland-Famine of 1817-Coercion in Ireland-"Six Acts" in England-Mr. Plunket's Emancipation Bill-Peel and the Duke of York-Royal Visit to IrelandCatholics Cheated Again.

MR. GRATTAN made his final effort to effect the Emancipation of the Catholics in the first session of the new Parliament, in 1813. The bill which he proposed was a very imperfect and restricted one; but it provided that Catholics should sit in Parliament, and hold certain offices, excepting those of Lord - Chancellor, either in England or in Ireland, and that of Lord-Lieutenant, or Lord-Deputy, in Ireland. It did not include a provision for the Royal veto upon Catholic bishops. The debate which ensued is scarce worth recording, inasmuch as, after several amendments providing for veto, and at last an amendment striking out the clause enabling Catholics to sit and vote in Parliament, the bill was withdrawn, and finally lost.

The veto amendments proposed by When Mr. Curran mentioned that the Castlereagh and Canning were the work people were "worried by cruel and un- of Sir John Hippesley, that indefatigable principled prosecutions," he had in his patron of veto. They proposed to conthoughts the long series of "special com- stitute a Board of Commissioners to missions" sent down in state to the coun-examine into the loyalty of those proposed try, to hang up some scores of haggard for episcopal functions, and to exercise a wretches, and to terrify the rest; he was surveillance and control over their official thinking of the many fathers of poor correspondence with Rome. But the families, who were often dragged to jail Irish Catholics were now fully alive to without a charge against them, and with- the insidious nature of this proposal; and out the right to demand a trial; he was both clergy and people, with great unanthinking of the free course which suspen-imity, rejected all idea of Emancipation sion of the Habeas Corpus gave to the upon any such terms. But the English vindictive outrages of Orange magistrates, Catholics, not having any national interest and to the fanatical rage of packed juries. at stake in the matter, were quite favourSo uniform has been the long passion able to the project, and used their utmost of Ireland-generation after generation endeavours to have it accepted at Rome, wasting and withering under the very and recommended from thence. English same atrocity which calls itself "Govern-influence was then very strong at Rome. ment;" the children losing heart and hope, as their fathers had done, and begetting a progeny to pine away under the same miseries still-until they are tempted to doubt whether a just God reigns over the earth.

The Pope was a prisoner in France; and it was to the coalition of European sovereigns against Buonaparte that the Court of Rome looked for its re-establishment. A certain Monsignor Quarantotti exercised in the year 1814 the official authority

of the Pope, and was induced, under Eng- ing duly weighed the merits of each, lish influence, to recommend submission shall take measures for the obtainment of to the veto in a letter or rescript to "the canonical institution from His Holiness Right Rev. William Poynter," Vicar- I perceive also that another duty is Apostolic of the London district. As assigned to the Board above-mentioned the question of veto at that period occu--namely, that they are charged to inpied so large a share of public attention spect all letters written by the ecclesias both in England and in Ireland, it may tical power to any of the British clergy, be but just to let this Monsignor Quar- and examine carefully whether they conantotti state, in his own way, the view tain anything which may be injurious to which was taken of it at Rome; and the Government, or anywise disturb the therefore we give an extract from the most public tranquillity. Inasmuch as a commaterial passage of his rescript:munication on ecclesiastical or spiritual affairs with the head of the Church is not forbidden, and as the inspection of

only, this also must be submitted to. It is right that the Government should not have cause to entertain any suspicion with regard to the communication between ns. What we write will bear the eyes of the world, for we intermeddle not with matters of a political nature, but are occupied about those things which the Divine and the ecclesiastical law, and the good order of the Church, appear to require. Those matters only are to be kept under the seal of silence which pertain to the jurisdiction of conscience within us; and of this it appears to me sufficient care has been taken in the clauses of the law alluded to. We are perfectly convinced that so wise a Government as that of Great Britain, while it studies to provide for the public security, does not on that account wish to compel the Catholics to desert their religion; but would rather be pleased that they should be careful ob servers of it. For our holy and truly Divine religion is most favourable to public authority, is the best support of thrones, and the most powerful teacher both of loyalty and patriotism."

"As to the desire of the Government to be informed of the loyalty of those who are promoted to the dignity of bishop the Board relates to political subjects or dean, and to be assured that they possess those qualifications which belong to a faithful subject; as to the intention also, of forming a board for the ascertainment of those points, by inquiring into the character of those who shall be presented, and reporting thereon to the King, according to the tenor of your lordship's letter; and, finally, as to the determination of Government to have none admitted to those dignities who either are not natural-born subjects, or who have not been residents in the kingdom for four years preceding. As all these provisions regard matters that are merely political, they are entitled to all indulgence. It is better, indeed, that the prelates of our Church should be acceptable to the King, in order that they may exercise their ministry with his full concurrence, and also that there may be no doubts of their integrity, even with those who are not in the bosom of the Church. For it behoveth a bishop (as the Apostle teaches, 1 Tim. iii. 7) even to have a good witness from those who are not of the Church. Upon these principles we, in virtue of the authority intrusted to us, This did by no means suit the views grant permission that those who are of the Irish Catholics, or their idea of elected to and proposed for bishoprics "loyalty and patriotism." As they did and deaneries by the clergy, may be not themselves "possess those qualifica admitted or rejected by the King, accord- tions which belong to a faithful subject," ing to the law proposed. When there- they naturally thought that their clergy fore the clergy shall have, according to should not. They believed, indeed, and the usual custom, elected those whom not without reason, that loyalty and they shall judge most worthy in the faithful attachment, on the part of the Lord to possess those dignities, the Me- Irish Catholic clergy, towards a foreign tropolitan of the province, in Ireland, or and hostile Government, meant neither the senior Vicar-Apostolic of England more nor less than a formal abandonment and Scotland, shall give notice of the of the people to the mercy of their ene election, that the King's approbation or mies, and a desertion of the cause of dissent may be had thereupon. If the those faithful and devoted Catholics who candidates be rejected, others shall be had stood by their clergy in the worst of proposed who may be acceptable to the times, when a price was set upon a priest's King; but if approved of, the Metropoli- head. In fact, the sequel proved that the tan or Vicar-Apostolic, as above, shall Irish clergy of that day were not so base send the documents to the Sacred Con- as it was hoped they would be. The gregation here, the members whereof, hav-bishops sent a strong remonstrance to

Rome by the hands of Dr. Murray, country gentlemen who were in the comcoadjutor to the Archbishop of Dublin, mission of the peace. The men chosen which, however, was not regarded in the for this office of stipendiary magistrate least, so powerful was the political in- have been usually briefless barristers, or fluence of England in the councils of the broken-down politicians in a small way, Holy See. Doctor Murray returned to to whom the salary was a desirable liveliIreland. At a meeting of the prelates hood; and as they have at least legal very energetic resolutions were adopted, phrases at their command, a supposed one of which ran in these terms:-acquaintance with the views of the Castle, "Though we sincerely venerate the Su- and great self-importance of manner, it preme Pontiff as visible Head of the has been found in practice that these paid Church, we do not conceive that our officials have really, to a great extent, apprehensions for the safety of the Roman Catholic Church in Ireland can or ought to be removed by any determination of His Holiness, adopted, or intended to be adopted, not only without our concurrence, but in direct opposition to our repeated resolutions, and the very energetic memorial presented on our behalf, and so ably supported by our deputy, the most Rev. Doctor Murray, who, in that quality, was more competent to inform His Holiness of the real state and interests of the Roman Catholic Church in Ireland than any other with whom he is said to have consulted."

This last phrase meant the emissaries of the English Catholics, then busy at Rome; and the English Catholics have been at all times as zealous and resolute to keep Ireland subject to English domination in all respects, as any "NoPopery" Briton or Orange Grand-Master could be. The resolutions were signed by all the Catholic bishops in Ireland, and transmitted to Rome by the same Doctor Murray, accompanied by the Bishop of Cork. A vehement agitation was aroused in Ireland, which extended to the laity as well as the clergy; and, under the potent impulse of O'Connell, a resolute spirit of resistance manifested itself in the whole Catholic population, against any orders or recommendations coming even from Rome itself, tending to enchain their national Church.

While this veto commotion agitated the Catholics, Mr. Robert Peel, the Irish Secretary, was engaged in re-organizing and greatly increasing the Constabulary force, with a view to render it a more efficient instrument in the hands of the English Government for the coercion of the country, and the detection of seditious proceedings. With the same view, Mr. Peel invented and established the class of stipendiary or police magistrates, who were to take their instructions from the Castle, and whose business was to control and direct, as far as possible, the proceedings of justices of the peace at petty sessions and quarter sessions, and to guard against any movement of independent feeling on the part of

controlled and managed the local adminis tration of justice; which, in all conscience, had been bad enough before. Mr. Peel's police arrangements were extremely unpopular; and his new constables and stipendiaries were popularly termed Peelers. But although the Irish, by an infallible instinct, abhorred the new system, they were yet far from suspecting to what a deadly use Mr. Peel would eventually put his new force.

In the meantime, the grand war of coalized Europe against the French Empire drew to a close. The French armies were driven out of Spain by the patriotic efforts of the Spanish people, aided by a British force under Lord Wellington-for the English Government, with the great object of crushing the French, was willing, in a distant country, to ally itself even with patriotism. The Emperor Napoleon, after the tremendous slaughter at Leipsic (in which he fought all Europe), had been obliged gradually to withdraw his forces into France. But though he made a most brilliant and fierce resistance to the advance of the allies, they surrounded Paris in overwhelming numbers; and the great Emperor was forced, in an evil hour, to abdicate at Fontainbleau. The coalized kings and oligarchies of Europe triumphed; and the expelled Bourbons came back to sit on the throne of France for awhile. The " Congress of Vienna was called, to settle Europe upon the basis of a distinct denial of every human right and every national aspiration; and the fitting representative of England in that Congress was no other than Lord Castlereagh, the artizan of the Irish Union.

It does not enter within the compass of this narrative to detail the wonderful series of events which followed-the escape of Buonaparte from Elba, the enthusiastic uprising of France in his favour, the tricolour flying from steeple to steeple, the reign of a Hundred Days, the renewed concentration of the forces of the allies, and the sad disaster of Waterloo. Waterloo, like every other triumph of the arms and policy of England, was, of course, a fatal misfortune to Ireland. It confirmed the

our people, Irishmen will speak with pride of the Irish Brigade at Fontenoy, and with shame and repugnance of the Irish regiments at Waterloo.

odious rule of an insolent oligarchy both in England and in Ireland, and placed it high, as was hoped and believed, above all apprehension of revolution and democracy. Waterloo put an end at once to all interest There were, indeed, some true Irishmen in Catholic claims on the part even of the in the service of France at that period. "Liberals," and adjourned for fourteen The Irish Legion, the relics of '98, as the years all thought either of Emancipation old brigades were the relics of Limerick. or of Reform. The defeat of Waterloo was In this Legion and its gallant officers, not, indeed, so much a defeat for France, Ware, Allen, Byrne, Corbet, Lawless, as for other oppressed countries of Europe; MacSheehy, centred the genuine military for in France the great revolution had renown of the Irish race at that day. been accomplished, and its work could not But the Legion was not present at Waterbe undone. In France, all religious sects loo; it had fought through the Peninsular were equal, and remained equal before campaign, and had taken part in some of the law; all feudal privilege was, and re- the last battles of the campaign of 1814 mained, abolished; and all men, like all It had thus been sadly reduced in numreligions, were on an equal footing; in bers; and during the first Restoration, France, the people were in possession, and (before the Hundred Days), it had been remained in possession, of the great con- entirely re-organized, and reduced to a regi fiscated estates, each one of which made ment. At the time of the final struggle hundreds or thousands of farms for free on the plains of Belgium, the regiment peasants; in France, tithes were, and re- was stationed at Montreuil, on the shore mained, abolished; the highest dignity of of the British Channel; and after the the State was open to the meanest me- calamity of Waterloo, and the treacherous chanic; the highest grade in the army to capture of Napoleon, the Irish regiment, the humblest private. It was earnestly as well as all the rest of the army, was hoped, indeed, by the coalized allies of the disbanded; and the officers were al Bourbons, that the forcible restoration of lowed at first to retire upon their halfthat family would speedily reverse and pay to any town they might select in abolish all these dangerous privileges of France, where, says the venerable Miles the French people-but that was impossible. The sentiment and practice of justice and equality had entered too deeply into the life and soul of France to be eradicated even by foreign bayonets. But for Ireland, the case was very different. The apprehension of a triumph of "French principles"—that is, principles of equality and justice-which had been for twentyfive years a dreadful bugbear to the British oligarchy-was now at an end; and privilege, and Church and State, and the "Ascendancy," reigned supreme.

Of the armies which triumphed on the field of Waterloo, about one-fourth consisted of British troops; and of these British" troops, nearly one-half were Irish. It is a shame to be obliged to confess it. Their country can take no pride in those Irishmen; Irish history refuses to know their names. They fought under a commander who always opposed and denied their right to rank on an equality with his other soldiers; they fought to perpetuate a domination which oppressed and despised them; fought against their own enfranchisement, and their own right to land and life on their own soil; and to establish, on an immovable basis, that odious British system which has since degraded, impoverished, and almost depopulated their country. While a vestige of genuine Irish feeling remains amongst

Byrne, "they hoped at least to enjoy their pittance and the protection of the law." But it is mortifying to learn that through the paramount influence of Castlereagh with the new Government, and through the base compliance of Clarke, Duc de Feltre (himself the son of an Irishman), these forlorn exiles were persecuted with a mean malignity, which only the spite of Lord Castlereagh could have suggested. Before quitting Montreuil to be disbanded, orders had been given to deface and destroy all their insignia and memorials of service-a bitter ordeal for the veteran heroes. Colonel Byrne, in his lately published memoirs, gives some account of the affair. He says:

"Two beautiful standards were sent to Spain by the Emperor in 1810, for the second and third battalions of the Irish regiment, but they were left at Valadolid, as those battalions were then in Portugal. These standards were brought to the depot of the regiment, and were destroyed by Lieutenant Montague at Montreuil. They were green, with a large harp in the centre. On one side, in gold letters, 'Napoleon L. to the second Irish Battalion.' And on the other, 'The Independence of Ireland.' The third the same. The Eagle was car ried by the first battalion, which, of course, had its colours like the others."

"The officers of the council left at Mon

treuil received two-thirds of their pay until the February following, and when all was finished, they retired on half-pay like the other officers, hoping at least to remain unmolested. But soon after the battle of Waterloo, the brave regiment was disbanded by Louis XVIII., and the Irish officers were made to feel that Lord Castlereagh and English influence prevailed in the French councils.

"Commandant Allen, who had retired to Melun, was ordered from that town to Rouen; and, passing by Paris, was there arrested by order of the Duke of Feltre, and informed he must quit the French territory without delay. Thus, without trial or judgment, one of those officers whose gallant actions had gained such renown for the Irish regiment, both in Spain and Silesia, was to be banished from his adopted country, by the orders of General Clarke, the son of an Irishman." Many others of the officers, including Miles Byrne himself, were in like manner ordered in the harshest manner to quit France; but long afterwards we find most of them again upon active duty in the French service. Scarcely one was base enough to offer his services to England; and nothing could irritate these gentlemen so much as any suggestion of seeking a British pardon, or accepting a British favour.*

Poor Curran, when near his last, and in great misery of body and mind, had made a visit to Paris in August, 1814, and had met there some of the Irish officers. In a letter to a friend, which afterwards was made public, he had spoken of his wish to see mercy and compassion shown them by the English Government. Miles Byrne tells us in his memoirs:

"I recollect a coincidence. In August, 1814, whilst at Avesnes, Inspector-General Burke was preparing his report to the Minister of War on the merits and claims of the brave Irish officers returning from the Russian prisons of Siberia, as well as those officers who escaped from Flushing, and from the English pontons, Curran's very ill-timed and most silly letters from Paris, in August, 1814, to his friend, Councillor Denis Lube, were published in the Dublin newspapers. The following extract is from one of them on the Irish exiles:

"I had hopes that England might let them back. The season and the power of mischief is long past; the number is almost too small to do credit to the mercy that casts a look upon them. But they are destined to give their last recollection of the green fields they are never to behold, on a foreign deathbed, and to lose the sad delight of fancied visits to them in a distant grave.'

"It caused no little indignation amongst the Irish officers who had read it, and several of them met at dinner at the Trois Frères, in the Palais Royal, to talk it over. These were General Lawless, who came in from Saint Germains for the meeting, Commandant O'Reilly, Captain Luke Lawless, Edward Lewens, and John Sweetman, &c. We were a mixture of civil and military at dinner.

"General Lawless asked Arthur Barker, as the youngest (for he was still a student at the Irish College), to read those famous letters. When read, General Lawless, turning to Lewens, said: "You must have told Curran that our number was not worth the commiseration of Castlereagh.' 'Me, Sir!' cried Lewens, in a great passion; 'how could you think me capable of any such thing?' General Lawless rejoined: "Of the exiles at Paris, Curran only saw you and Corbet.' It would have been better had he vented his spleen and ill-humour on something else. He might have let the brave Irish officers who have escaped the dangers of their various campaigns be again placed on active service."

Indeed, to the very last, we find the survivors of these noble Irish exiles looking forward with anxious hope to a renewal of war between France and England, that they might have one other chance of striking a mortal blow at the enemy of their country. We may be excused for giving one other characteristie extract from the Byrne memoir. Speaking of Corbet (who died a French MajorGeneral), Colonel Byrne says:

"General Corbet was officer of the Legion of Honour, Knight of Saint Louis, and Commander of the Order of the Saviour in Greece. He valued those distinctions as highly honourable, no doubt, but he would sometimes say: "How much the more valuable would they have been, had they been gained in the cause of my native country!' And to his last moment he lamented that her independence was not obtained; and he seemed ever anxious for something to arise between the governments of France and England which might prove beneficial to his own country.