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laurels. The occasion was one to put in too soon in this department of his art. Sportmotion all his loftiest powers. The great iveness is, on occasions, more effective than accused had fought side-by-side with Mr. the gravest logic or most pompous eloquence; Sheil in the "perilous and well-foughten but for all things there is a time. We are field" of Catholic freedom, and now that the not professors of rhetoric, or expounders of pupil was to lift up his appealing voice to critical rules. Genius, like the wind, blowprotect his teacher from a dungeon, all ex- eth where it listeth. Mr. Sheil's instinctive pected such an effort as might be worthy the skill and practised habits are a surer guide advocate and the client. The bar was all than our sayings or opinions. But we shape compact of wigs-rank and fashion, to use our remarks by a judgment less fallible than the stereotyped vocabulary of the newspapers, our own—the countenance of Mr. O'Connell crowded the galleries. Like the ladies of an bearing “the mind's impress” on its sagaharem peeping from their lattices, bright cious front. lle pressed his lips-knit his eyes gleamed out from every nook and corner. brows-shifted his spectacles-looked into a Even the seat of justice was not free from paper lying before him, and, as if to interthe anxious intruders. The steps on both rupt the strain, handed the speaker a volume sides, leading to the judicial arm-chairs, were of Carrington and Payne's reports, which thronged with a solid column, while some, drew him off' to more sober considerations and not having the fear of the law before their loftier eloquence. He stirred the court with eyes, thrust themselves fair in front of their alternate admiration and laughter. The Attorlordships. We knew by one patient judge ney-General alone was an immobility. It has that his gallantry was sadly on the ebb, and been his hard fate to undergo the assaults of that he had rather the gentle intruders re- many tongues. Honorable, and fearless, and mained at home over their pianos or knitting manly, it pained us to see him exposed to the frames. There was a rumor in court—the effects of his position. Mr. Sheil hit him circulation of a wag, who sought a comfort- hard, but there was no serious bitterness in able seat on Dean Swift's manæuvre of or- his sarcasm—it was light-jocular-somedering oysters for his horse—that Mr. Sheil times penetrating, but never for a moment was too unwell to speak that day. The dis- insulting or malicious. It was easy to disappointment soon cleared off, for he came criminate between delicate and playful irony into court at the appointed hour. He looked, and cold and vindictive severity. The tramin truth, very ill. His face was pale, and net and the miraculous catch of agitators, traced with suffering: The tender motion editors, and priests, was in the happiest style beneath showed that the proverbial curse of of conception, and the very perfection of dealdermen had laid his toes under contribution. livery: and when he looked laughingly at But that was not the time to sink under in the Attorney-General, and then shot forward firmities. He did not, like Appius, enter the with pointed finger, and asked, "why did senate in a litter, or, like Lord Chatham, on you not catch a Bishop?" Judge Burton crutches—he moved suis pedibus, but not passed his hands over his face, and even the without pain. He is before us, and now let Chief Justice smiled. This


be said to him proceed on his eloquent way. When he be the personal part of his address. A wider rose, the universal hum subsided into a dead and more interesting picture was now before stillness. Leaning forward on the table, he him. The past supplied the materials out of opened his oration in a few faint and fluttered which were moulded the most beautiful and periods. He told the jury of the magnitude eloquent passages of his speech, and at the of his duty, and he appeared to feel it. He same time the most influential on the minds was deeply agitated, and his lips quivered of the Jury, if the kindling power of an imwith convulsive emotion. For a few minutes, passioned oratory could awake in them a rehe jerked out his sentences with a drooping membrance of duty to their country, rising though distinct voice. He implored the jury high and far above the charge of the chief, to pardon or bear with his defects, compared and the cruel strictness of the law. If Mr. with the intellectual powers and forensic ex- Sheil left no permanent effects in his gloripertness of the eminent lawyers with whom ous track, it was not because he did not sink he was associated. His modest appeal was deep. That was perceptible to all, but it was quite touching, but underneath that simpli- soon effaced by other causes. city there lay consummate art. Passing His historical sketch of the state of Ireland, rapidly from the solemnity of powerful and and the changes in her condition and conwell-digested exordium, he floated along for stitution, was singularly clear and graphic. nearly one hour in a current of mingled wit, If Mr. O'Connell spoke with freedom of the playfulness, and banter.

injustice of England, was he alone in his inHe seemed to us to have broken ground dignant denouncement ? There was the


famous “ Case of Ireland”-there were the the child of her that watches over him from heaDrapier's letters—there was the burning ven, and shall look out for some high place far grandeur of Grattan, and the logical invective and wide into the island, whose greatness and of Flood—there was the free-speaking oppo

whose glory shall be for ever associated with his sition in the Irish Parliament, and the volun- Ireland—in your love of honesty and fair play

In your love of justice-in your love of teers in their conventions and congresses! I place my confidence. I ask you for an acquitNo Attorney-General dared to prosecute tal, not only for the sake of your country, but for them for sedition and conspiracy. If he did, your own. Upon the day when this trial shall would a jury of '82 convict them?

Would have been brought to a termination, when amidst they immolate their patriots and their own

the burst of public expectancy, in answer to the liberties on the same altar? This was the by the officer of the court

, you shall answer not

solemn interrogatory which shall be put to you train of his argument and eloquence. One guilty, with what a transport will that glorious passage from the very brilliant conclusion of negative be welcomed! How will you be blest, his speech drew down a universal burst of adored; and when retiring from this scene of exapplause. The spirit that informs it is in citement and of passion, you shall return to your the best vein of pathetic eloquence. It was tranquil homes, how pleasurably will you look the closing appeal. As we shall hereafter upon your children, in the consciousness that you take up ine speeches of Mr. Sheil, Mr. White will have left them a patrimony of peace, by imside, and others in a separate paper, we ab- pressing upon the British cabinet, that some other

measure besides a state prosecution is necessary stain from extracts at present; but the beauty for the pacification of your country.” of this peroration will lose in no repetition :

It is unnecessary to pass in review all the « There is not a great city in Europe in which, well conceived and apposite, forming the con

topics on which Mr. Sheil dilated.

All were upon the day upon which the great intelligence shall be expected to arrive, men will not stop stituent parts of a complete and elaborate each other in the public way, to inquire whether whole. The various elements, and they are twelve men upon their oaths have doomed to in- multitudinous, which could be brought to bear carceration the man who gave liberty to Ireland. on a jury of Irishmen, and above all of DubWhatever may be your adjudication, he is pre- lin citizens and Protestants, were skilfully pared to meet it. He knows that the eyes of the mixed up—the glories of 'S2 with its Protestworld are upon him, and that posterity, whether in a gaol or out of it

, will look back to him with ant volunteers—the gloom of the Union, with admiration. He is almost indifferent to what may the consequent decay of trade—the petitions befall him, and is far more solicitous for others of the Orange Corporation to restore the Parat this moment than for himself. But I-at the liament—“the guilty desire" that Ireland commencement of what I have said to you, I told had been a nation of Protestants—all were exyou that I was not unmoved, and that cidents of my political life, the strange alterna- pounded for the palate of the jury with the tions of fortune through which I have passed,

most refined artistic skill. As a display of came back upon me. But now the bare possi

forensic eloquence, however, it is no demerit bility at which I have glanced has, I acknow- to its excellence to state, that it fell short of ledge, almost unmanned me. Shall I, who those models of magnificence which fill the stretch out my hand to you in behalf of the son highest places in the temple of oratory, and -the hand whose fetters the father had struck which we are accustomed to regard as the off-live to cast my eyes upon that domicile of masterpieces of sublime art. We have heard sorrow, in the vicinity of this great metropolis, it foolishly remarked, that it rivalled or surand say "'Tis there they have immured the Liberator of Ireland, with his fondest and best be passed the immortalities of ancient or modern loved child ? No! it shall never be! You will times. The most that may be said in the not consign him to the spot to which the Attor- panegyrical fashion is, that it was worthy the ney-General invites you to surrender bim. No. reputation of Mr. Sheil—and this is proceedWhen the spring shall have come again, and the ing far in the direction of real praise. When winter shall have passed—when the winter shall we reflect on the grave character of the issue have come again, it is not through the windows of this mansion that the father of such a son, and --when we consider that he was on that occathe son of such a father, shall look upon those sion the advocate not of one, but of millions green hills on which the eyes of many a captive —that the most sacred privileges of the peohas gazed so wistfully in vain ; but in their own ple were in his keeping—that the first and mountain home they shall listen to the murmurs loftiest principles of the constitution, and the of the great Atlantic ; they shall go forth and in- venerable common law of the realm, were in hale the freshness of the morning air together; danger-that he was the advocate of a nation will be encompassed with the loftiest images of against a government—that the history of cenliberty upon every side; and if time shall have turies was at his command, to extract the finest stolen its suppleness from the father's knee, or im- materials that ever quickened, elevated, and inpaired the firmness of his tread, he shall lean on spired human eloquence-when we weigh all these, and read the speech, grand as it is, we persuasive. If he was not first in oratory, he must say, that Mr.Sheil might have soared into was foremost in effect. There was little proan "ampler ether.” Pictures might be drawn fessional argument, not because he was incaof triumphs and defeats-of sufferings and of pable of application to that department, but struggles-more comprehensive in design, because his duties lay in an opposite direcand richer or more sombre in coloring, than tion. He was not to convince the court, but the most eloquent of painters ever completed. to move the jury,—to shame the ministerExcept the cause of his country in the hands to soften the parliament, and absorb the atof Demosthenes, there was nothing compara-tention of the people of England in painting ble to the occasion of Mr. Sheil; principally the wrongs and sufferings of their oppressed to him, because in the allotment and distri- brethren in Ireland. Why, men said, did not bution of the parts, that of history was as- Sheil explain the law ? He had a higher dusigned to his picturesque eloquence, the more ty—to lay the basis of future laws. If he was weighty consideration of constitutional law not profound in legal exposition, it was beand particular facts being appropriated to cause five were to follow who would exhaust others. He alone had “verge enough” to the subject, through all its magnitude and vatrace in imperishable characters the past, riety. He had art, tact, and passion—the present, and future fortunes of his country. whole set off by the most exquisite acting, We proudly acknowledge the splendid mani- very curious, though very impressive. Every festations of intellectual power in many parts gesture and tone and cadence and position, of his speech—there were streams of spark- was a study for the actor and elocution-masling beauty and subduing pathos alternating ter. It was perhaps too violent in some rewith high and ennobling oratory—but we spects, and subversive of personal dignity, for missed those imperishable flashes which are you might feel that the orator was tricking treasured up and remembered—the emana- you into an acknowledgment of his ability, by tions of mind, which, like the bursting of the putting you off with empty dexterity of body fountains of the great deep, Aling out their instead of inspirations of mind. But in Mr. living waters, to refresh and gladden for ever Sheil's case the orator accompanied the actor, —the enduring power which for ever is incor- and the mind and the eye were alike satisporated with the history of the human mind, fied. In style it was the chastest of his we and which, like the conqueror of the Python, ever read. There was none of the redunleaves the image of the orator to all future dancy and straining after expression which is time in ever-living and unrivalled beauty and perceptible in most of his earlier and some of grandeur, when the orator and the epoch are his later efforts. No such conceits as calling passed away, and both are only known or re- “ tears” the “steam of burning hearts". membered by the embalming powers of im- and patriotism “the sunflower of the soul.” mortal eloquence.

Such frigidities had yielded to a more graceIn these remarks we set up the standard of ful and accomplished diction. The portraits an ideal excellence which very few have, but of Saurin and Bushe, though brief, were charwhich has been reached. Mr. Whiteside, acteristic and beautiful--the royal procession whose overpowering effort we shall notice in to College Green, and the delineation of the due order, has closely approximated to it in sovereign-the wife and the mother-the some passages—Mr. Sheil hovered near the very gems of pictorial eloquence. The most confines, but, attracted by more inviting and faultless and touching of perorations drew transitory elements, he dropped into mid air. forth some tears-O'Connell himself wept. To derogate, however, from the extreme fin- Some idea of its subduing effect may be formish and beauty and effect of his oration, we ed from one miraculous circumstance—the are utterly indisposed. If we were to judge unexampled phenomenon of Mr. William of its splendor by the response of universal Ford pouring out his feelings in hysterical admiration and applause, its merit stands con- sobs, — Pluto's iron tears! The effect professed. One learned Judge declared it to be duced by Mr. Sheil somewhat resembled that the most eloquent speech he had ever heard, produced by Sheridan's speech, for Mr. and he had heard the defence of the Catholic Moore, following the example of Mr. Pitt, Delegates—the prosecution and defence of obtained from the court an adjournment. No the Bottle Conspirators-Mr. O'Connell's ladies fainted, though sensitive town clerks speeches in defence of Magee and Barrett, shed tears—something still more strange than with many other of the most consummate the accounts we read of the impressions prodisplays of the Irish bar. Such was his duced on the Athenian audience by the Euestimate of Mr. Sheil. To roll up this menides of Æschylus. A grey attorney in long distended thread of gentle criticism, hysterics ! Mr. Sheil was witty, brilliant, polished, and On the following day Mr. Moore commence

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ed his address for the Rev. Mr. Tierney., effect quite appalling. His parliamentary His task was comparatively easy, as, of all career, and we ourselves acknowledge a guilthe accused, the meek pastor of Clontibret ty participation, has exposed Mr. Smith to was the least involved in the conspiracy. But much unprovoked bitterness. To gall a genMr. Moore did not limit himself to the mere erous steed by a continual pricking of his ulexculpation of his client. He stood on high-cerated wounds, is unkind and cruel. Had er ground, and, while he prominently kept he done deeds of dishonor and disrepute, let his peculiar cause in front of the argument, him pay the penalty of a criminal rememand extracted ample proofs of his client's in-brance-otherwise let him be spared. In the nocence from the indictment and the evi- case of Mr. Moore, it was only the old law of dence, he did battle at the same time for all Talio. Mr. Smith pierced, and was punishthe traversers. He had not Mr. Sheil's wit ed in return. That Mr. Moore so smote, let to vivify-or his eloquence to inspire-or his the Attorney-General accuse the quickness of vigorous action to rivet attention : but he his own temper, which is for ever rising up in had pure and unembarrassed reasoning-con- judgment against him-a weakness, however, stitutional principles to lay down-sound and which is more than balanced by many virtues. just conclusions to draw-rational conjectures To pass to more pleasing contemplations from complicated and contradictory testimo- than the quarrels of honorable men, which, ny to infer—and all impressed with that au- after all, amount to nothing more than that thority and weight which the highest profes- artificial enmity engendered by the temporasional character can bestow. If he had nonery conflict of heated minds, and which soon of the impassioned bursts, or that overwhelm- fades before the returning light of cool and ing vehemence which constitute the more ex- deliberate reflection-Mr. Moore cleared up alted style of advocacy, he had that unpre- what Mr. Sheil left for the most part untending but not the less convincing plainness touched in all its purity—the law of conand simple force of expression which spring spiracy, and its application to the case of all from sterling sense and clear and calm reason. the traversers. He was very clear and powYou could cull no particular passage, and erful in untying the hard knots with which say, “this is eloquence"-but you would say the Crown had drawn in and fastened the acthat the entire was characteristic of a power- cused. Every sentence contained a princiful mind. It was remarkable for two quali- ple. Without identifying himself with the reties—a condensed exposition of the law, and peal question, from which he kept sedulously cutting, we might almost say savage, sarcasm. distant, he rested the right of the Irish people He is a modest and good-natured man, to to pursue it on the true, intelligible, and conwhom the utterance of a harsh expression is stitutional grounds. From an abstract view quite a novelty. An understanding so sound, of the law, he descended to particulars, and and judgment so well balanced, rarely yield alit on the Clontarf meeting, which it was to the impulses which sway less sober and re- stated by the Attorney-General was not held fective minds. Irony and invective are alien by Mr. O'Connell," from a conviction of its to such natures; they are found in the way- illegality.” This afforded Mr. Moore a fine ward, the sensitive, the strong of passion and opportunity of assailing the conduct of the intemperate of tongue; but who would have government in their tardy issue of that memsought them in Richard Moore ? His sever- orable proclamation, and at the same time, of ity to the Attorney-General broke on us with explaining the views and extolling the husurprise. Keen as was the satire, and poig- manity of Mr. O'Connell, in saving the unnant and wicked the wit of Mr. Sheil, he was armed multitudes from the chances of a surpassed by Mr. Moore in the intensity and collision with the soldiery. Whether the unsparing weight of his blows. And yet there projected march to Conquer-Hill, with Mr. was nothing which fell without the circle of Morgan's " turms of horse and wings,” and professional duty. This is the difficulty to the sable denizens of the Coal Quay in diguard against, and for transgressing which, in visions and sections--was legal or not, we the esteem of the Attorney-General, Mr. Fitz- shall not inquire after the verdict, but that gibbon was honored with his cartel. We can the motives of the leader originated in purer account for the unloosing of Mr. Moore's gen- and better feelings than those attributed by erally inoffensive tongue. A deep deposite the Attorney-General, we cannot for a mohad been accumulating in his mind since the ment doubt. Mr. Moore, with simple eloday he was charged with "gross ignorance." quence, depicted the disastrous consequenThe long fast since then had sharpened his ces which might ensue from a rash or sudden appetite. He gathered up and nursed his just act or word of offence—and with the possible indignation for a future day, when it suddenly horrors of a butchery before the eyes of Mr. burst on the Attorney-General's ear with an O'Connell, he left the Jury to choose between

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the convictions of humanity and illegality. pondence of the Society-ordering the publiThe speech occupied two hours in the de- cations of the Society—and discharging the livery, and within that time it would be difli- bills of the Society. It was monstrous, cult to compress more solid reasoning—more Gentlemen,” preposterously monstrous ! comprehensive, and at the same time minute Mr. Hatchell's language was distinguished and particular exposition-more successful for abstinence from all personality or attribudevelopment of principles, and more skill tion of unfair or uncandid motives. He in their application. He aimed at no splen- spoke without offence, and his efficiency was did display-he forgot himself in the interests not less. The doses administered by his preof his clients, and was content with the more decessors were strong enough, and perhaps humble duty of keeping close to his subject. the policy of moderation in that juncture After the high flavor of Mr. Sheil's oratory, was the best that could have been adopted. the homeliness of Mr. Moore was a great re- Mr. Fitzgibbon had from the commencelief-one had the cream of champagne, the ment thrown himself into the lead, and mainother of humble but more nutritious milk. tained it with an inflexibility which often saEach, however, is good in its season. vored of undue hardship to his opponents ;

Mr. Hatchell's defence for the Secretary of but the cause lay deeper in the peculiarity the Association surpassed in effect the cus- of his temperament. It was his constitution, tomary run of his jury addresses. Circum- the character of his mind, and not the respect and cunning, he threw deep into shad- sult of an obtrusive or vindictive disposition : ow, or passed over with the slightest glance for though a bold and courageous man, he is of his cautious mind, those points of the ac- in many respects gentle and retiring. Procusation which bore most heavily on Mr. fessionally he strikes forward, and stays withRay. Hle pressed the Crown with well-af- in no limits which he conceives it his duty to fected indignation on the solemn mockery of surpass. In all this there is no “criminal inpunishing a man for a conspiracy who was teni.” He was counsel for Dr. Gray, of the merely the paid servant of the conspiring Freeman's Journal, and unlike Air. Moore, body. This was the very danger in which who contented himself with a rapid and his client was involved, and he pushed it forcible sketch, there remained for him the aside with a “Really, gentlemen of the jury, boundless variety of the law and evidence. this is too bad. Was there ever any thing so This was the ponderous task which Mr. monstrous, as to punish my client for speak- Fitzgibbon incurred, and he accomplished it ing no seditious speech-moving no criminal in a speech of immense length. He pitted resolution-attending no monster-meeting ? himself against the eleven hours of the AtFor I will show you that the excursion to torney-General, and in truth assumed the part Tara was an innocent pic nic ?"--and sic to of Attorney-General for the accused. He the end. The light materials of his defence was able, searching, and logical; but had he were worked together with much adroitness, been more compressed, he would have been and put forth with vigor and effect. One more convincing. His fault lay in his propoint he turned to the greatest advantage. lixity. Condensed into five or six hours, his In the cases of Horne Tooke and Hardy, argument would have proved the masterthe law officers of the day, influenced by piece of the trials: but being long of arguBritish feelings, and dealing with British ju- ment, and strict of conscience, he gave the ries, produced for examination the secretary accused the full benefit of both. The foreto the Corresponding Society-a reluctant taste of his severity in the past discussions witness for the Crown: but an English Attor- influenced all the law officers to erect their ney-General gave accused Englishmen the united ears, and watch every word of Mr. benefit of his cross-examination. That wit- Fitzgibbon. It was believed that he, with ness established the innocent character of his usual fearlessness, would take advantage the Society. Here the “Secretary” was of the occasion,


speak the truth that distorted into a conspirator, and struck mute was in him.” Feeling, perhaps, that in the for self and fellows. " Mr. Hatchell was over-stern discharge of his duty, his language flowing with “monstrosities”—this was mon- might give offence, he opened with a high strous that

monstrous—every thing eulogy on the professional merits of the Atdone by the Crown, in fact, was to him in- torney-General-he rounded off his character explicably monstrous. Now was it to be be- as a gentleman and a lawyer most panegyrlieved that in a free country-governed by a ically, but then he took care to discriminate free constitution and laws—that the Crown between what was due to him as a private inshould bear down on so innocent a man as dividual and state prosecutor. In the latter Mr. Ray-for doing what?-receiving the capacity he felt bound to speak as his client, moneys of the Society-directing the corres- standing at the bar, would have spoken.


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