This is the theory of advocacy, but the exer- time, while his opponent was in the very act cise of the right is rarely carried out to the of discharging the most solemn and responfull extent, and the license is limited by the sible of duties. But, after all, Attorneyswisdom and discretion of counsel. One pas-General are men with the faults and frailties sage gave rise to the most singular event of all with which these trials abounded. Here it is in extenso. We well remember the long metaphysical face of the speaker as he fixed his eye on the Attorney-General :

of men. Human feelings transcend official forms, and however grievous the folly and pernicious the precedent, let us still remember the generosity-perhaps the mistaken generosity which influenced the deed. Mr. Law, afterwards Lord Ellenborough, when pleading for Warren Hastings, sent a cartel to one of the managers. Men whose honor is offended will not be restrained from vindicating their reputation at any sacrifice. We do not justify, though we may soften down the crime. There was at least in that rashness the impulse of a lofty spirit, which is increas

"Gentlemen, if there exists a case in which a lawyer of the meanest order, in citing the law, is bound to cite it candidly and fairly, that case is the case of a state prosecution. If there be a case in which common humanity requires that the law should be fairly and candidly cited, it is a case where a man of my own rank-of my own profession—who was for nearly half a century an ornament of that profession—who was for nearly half a century, without any disparage-ed by the consideration that Mr. Fitzgibbon ment of myself, my clearly admitted superior in is known to be a man ever ready to support all particulars of professional excellence-if there his words by the last resort. Both are posbe a case in which every ennobling feeling that sessed of a fearless and intrepid couragebelongs to the human kind in any heart where neither knows what is the compromise of his feeling has found a footing, it is this case, where opinions. In one point of view Mr. Fitzgiba man in the discharge of a public duty has the bon's conduct swerved somewhat from the painful task imposed upon him of driving into a strict line of propriety. After returning the prison to eke out in miserable wretchedness the evening of a long life-his brother barrister-letter, the appeal to the court was an error. his fellow-man-who has nearly completed that The surrender implied an act of oblivion bindmeasure of human life that is said to be its full ing on all parties; but still smarting with the extent, and to consign him to eke out the little of recollection of the offence, and guided by that life that now remains, in the cold and freez- other advice, he invoked the protection of ing atmosphere of a dungeon. That is the case their lordships. Let the matter rest here. which ought to suggest fairness and candor, if any had been. That is the case in which I Though both were animated by deep resentwould go standing to defend myself against my ment, we do hope that what Sir Thomas brother barrister if it should be his duty, as At-Browne calls " an honest possibility of re torney-General, to prosecute me. That is the case in which I, conscious of innocence, would say to him, my brother, do your duty-do it like a man-strike hard, but strike fairly! I would say to him, strike fairly, but if you aim below the belt, I repeat it, although I succeed in parrying your treacherous blow, you are no longer a man entitled to any respect, or entitled to any quarter. Am I, gentlemen, because I am not here in my own case, am I not to fight When we stated, in our sketch of Mr. this battle as I would fight it for myself? Gen-Whiteside, that he was the only representatlemen, it may be productive of bad consequen- tive of the old eloquence at the Irish bar, we ces to me in my career to do so-but I shall

conciliation" is open, and that both will re gard the affair as one of those acts of conven tional hostility, which astonish the vulgar but amuse the initiated. The Attorney-General transgressed and relented-Mr. Fitzgibbon forgave. Never did public officer tread so close on imminent ruin. Let it be to him for ever a warning and a lesson.

never eat the guilty bread which is earned by uttered a partial truth, which would have been professional subserviency. I shall not retire to complete, if we had added, of the purest rest upon my pillow, borne down with the re-school of that eloquence, for, like the ancient morseful feeling that I was an example of turpi-philosophy, it ramified into many sects, and tude, as I should if I would not say over and over again every word that I am justified in saying, and in saying, because I am justified in feeling it. Such, gentlemen, has been the conduct of the Attorney-General in this prosecution."

A

assumed many forms more or less correct and chaste. We are not, however, false in the prediction, that he would rekindle the extinguished light, and restore the lamp to the altar where it had long burnt with such unrimessage to retract or fight followed. valled splendor, until the substitution of an unThe circumstances of that strange proceed-sound standard of forensic skill had quenching we pass over. They have unfortunately ed it. Extraordinary occasions have producconferred a most undignified celebrity on the course of Irish justice. It surprised all that the Attorney-General should have resorted to such a vulgar vindication at that particular MAY, 1844. 6

ed extraordinary displays of power. When all deemed the ancient glory of the Irish bar was declined for ever, it once more refreshes itself with draughts from the original foun

tains of its fame. Whatever our haughty appellation of "practical,"—who have never brethren of Westminster Hall may think of heard the responses of the living oracleour late incursions into the field of so many only some false pretender to inspiration-the former triumphs-whatever standard their Simon Maguses on bills of exchange and more fastidious taste may erect as a model of ejectments on the title-on us Mr. Whiteside forensic oratory—be it the faultless elegance came with astonishment, even after the brilof Sergeant Talfourd, or the robust sense of liant wonders of the member for Dungarvan. Sir Thomas Wilde-however much they may We are not led away by the frivolous or the decry our provincial pretensions, and insinu- fanciful-we think we can distinguish beate that " our speech bewrayeth us,"-that tween the correct and false in taste-between our virtues, if any we boast, are of that fresh the genuine and spurious in thought and dicand rude stamp which mistake finery for tion-between the mock-feeling of a nisi gracefulness, and bombast for force,-if there prius peddler and the strong spirit of the true be who think so, we refer them to Mr. Gurney's orator-between the bursting of the deep forthcoming report, and that will dissipate fountains and the scanty stream of a syringe. the delusion. Unbiassed minds will place With every disposition to moderate feeling, Mr. Whiteside's noble speech among the we were compelled to acknowledge the powmost successful efforts of modern times. We erful influence of Mr. Whiteside, more parknew the man, and the qualities that informed ticularly in the closing passages of each day him, and however we doubted his merits as which, it is no abuse of language to say, eleca lawyer, we predicted for him great and un- trified the court. But it was not alone in the questioned success as an orator. We insti- strong flights that his superiority was contute no comparisons here, or we might draw spicuous. He equally delighted by his lightdown on us the disapprobation of Mr. Sheil's ness and humor-by that perpetual play of admirers, and they are too numerous to en-pleasantry, which of all oratorical attributes counter; but as combined efforts in one is perhaps the most delicate to manage and cause, we would wish to know where the most difficult to reconcile with depth and they have been surpassed. Mr. Whiteside's originality. We cannot at present proceed speech was conceived in the highest style of art, and delivered with all those thrilling accompaniments which heighten its impressiveness. It was the just and admirable remark of Fox, that "speeches were made to be spoken, and not to be read." Mr. Whiteside's can bear the most scrutinizing inquiry as a composition: but half the effect is lost to those who did not hear him. The voice and the gesture-the visible inspiration of intense energy and conscious power-the fluctuating emotions of the crowded court borne away by his fervor, when he carried them back to the days of national independence, and contrasted present desolation with past prosperity, when he pointed to the fabric of the legislative temple, deserted as it was by the tutelar gods of old, or when, in language not unworthy of Erskine, he traced the blessings derived to the world from the right of free discussion-the soul he inspired into all he said, and the impassioned whirl in which his noble language rolled forth-all are lost in the transcript, and the frost-work of words only remains.

further, as one or two more claim a portion of our attention. At more fitting leisure we shall compare the eminent displays of all, and give the world the benefit of our judgment on this revival of the old triumphs of our country. He was succeeded by Mr. M'Donagh, who labored under the disadvantage of being preceded by such a speaker. He made an admirable and effective argument, for he did not affect to soar, though, ostrich-like, he passed over the ground with surprising quickness. Misfortunes are rarely single. Mr. Henn followed, and withdrew public attention from the skilful reasoning and sound explication of the law they had just heard from Mr. M'Donagh. One matter we noticed during the delivery-that their lordships more frequently resorted to their pens -a sure sign of a sound argument.

Mr. Henn long held out against all persuasives, but the defenceless condition of Tom Steele softened him into a relenting mood. It was a public regret that he did not lead, which he might have done with such weight and authority. But he would not inTo those who remembered the men of the fringe on an established rule of professional olden time, and some there were there old duty, and Mr. Moore stood in front. On the enough to remember, his speech was allowed day only before he spoke did he determine, not to be inferior to many of their best pro- of all the leaders, not to remain silent. His ductions. To us, whose memory cannot draw speech was unexpected and unprepared, but on such distant recollections, and who have the speaker was not unprepared in those elebeen conversant only with the cold and creep-ments of power which mark the consummate ing verboseness which is dignified with the advocate and lofty reasoner. High intellect

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is ever ready for the work. Mr. Henn's ad- minds as Baron George's pike-staff, we pitied dress may rather be called the outline of a Mr. Henn for the disadvantages under which great argument. Had he, consistently with he labored in addressing the court. To be the public time, and a sense of duty, filled it original in adding a new argument, or proup with that breadth and amplitude of which pounding a new principle, seemed beyond it was capable, there was none to surpass it human capacity. The resources of skill and in powerful effect. He was called suddenly research appeared exhausted; but though he to his task, and brief as was the time, he did came on a long-beaten track, his arguments not fall short of his reputation and the gen- had a freshness and novelty as unexpected as eral hope. It was reported that Mr. Henn they were rare. What he said went home. accepted a retainer on the condition that he There was a dignity in his manner, and a would not be called on to speak. Some con- sincerity in his language, supported and instrued this into a desire, on his part, to keep formed as both were by a plain and straightwell with the party in power. They who forward reasoning, which produced a strikknew the manliness and independence of his ing effect. The sly hits of sarcastic humor character, could not for a moment doubt, which he levelled at the indictment-the that no such feelings lurked at the bottom of conference of the law officers, in which the his engagement. Fearless and honorable, he Attorney-General gave his opinion in favor would not fall short of his duty, although the of "High Treason," the more calculating shrinking were to lead to the highest honors. Solicitor for "Sedition,"-and Mr. BrewsThe fable reached his ears, and was soon dis-ter's Flat Burglary, -were inimitable. sipated in his acceptance of Mr. Steele's de- His constitutional reading on the right of fence; though he seemed to feel that after free discussion was a pregnant and powerful the preceding displays, which, though bril-teaching, and the closing appeal to a jury of liant, were the result of elaborate prepara- Irish gentlemen" and of "Irish Protestion, that his less ambitious effort would shine tants," who had in charge the liberties of with diminished lustre. This is the native their Catholic brethren, was chaste, touching, modesty of eminent minds. His light did and eloquent. Ministers should remember one not blaze as long or as strongly as Mr. Sheil's phrase uttered by Mr. Henn-only as an ador Mr. Whiteside's, but it burned with as vocate, it is true, but the people cannot disclear an effulgence during the one short sociate the sentiments of the advocate and hour of his unequalled address. Able judges the Irishman-"I was of opinion that the declared that it was the most lucid and suc- Repeal would be fraught with mischief to cinct-the most masterly in the concentra- England and ruin to Ireland; but I will not tion of the questions involved, and the appli- say that I have not heard much during this cation of the law-the most keen in the dis- discussion calculated to shake that opinion." section of the charges-the most intelligible Last came Mr. O'Connell. His patent of to and telling on the reason and consciences precedency might have placed him at the of the jury-the most conclusive and pithy head of the array, but he was reluctant from in argument, and generally the most calmly the commencement to withdraw any portion convincing of all that had been spoken. The of his defence from his able leaders. Doubtmember for Dungarvan's was a brilliant epi-ing the policy of such a course, he was with tomized history of Irish suffering, reaction, some difficulty prevailed upon to mingle and success-Mr. Moore's a forcible consti- fresh ingredients in the defence, and appeal tutional argument-Mr. Hatchell's a skilful to the national feelings of the jury. He renisi prius defence-M. Fitzgibbon's a thor- solved to smite the Union hip and thigh, and ough development of the law and evidence, if there were one man in that box to be softbut too redundant to be impressive-Mr. ened, his aim was not altogether misdirected. Whiteside's a wide field of humor, research, To this object his speech was mainly applied, and eloquence-Mr. M'Donagh's a clever but he trod lightly and not unsuccessfully on ingenuity-but Mr. Henn's was a strong and the legal ground so often ploughed up before. undiluted essence of sober and earnest rea- Of him the scriptural saying cannot well be soning. averred, for one of the first advocates in We have to do unsparing justice to all, Europe could not come within the category but the pearl of the entire was Mr. Henn's of imprudent counsellors, but it must be conshort speech. With the music of Sheil's fessed that Mr. O'Connell did not rise to that epigrammatic, and Whiteside's frank, fresh, eloquent height which had been anticipated. and forcible eloquence still ringing in our His speech resolved itself into two divisions ears with the law of conspiracy' "ham--the legal and political, but, like Falstaff's mered into our heads-and the evidence in tavern bill, the second was the sack. all its minutest details made as plain to our reply to the charges of conspiracy and dis

His

loyalty was a lofty and impressive vindication orous reasoning, which enter into his less of his public life and conduct through nearly constrained displays. The very importance half a century of battle and storm. He ap- of the occasion subdued him. We have genpealed to his indignant denunciations of all erally observed that his accustomed power is secret conspiracies-to the peril of his own dissipated when he has to work his way life in uprooting the trades' combinations-through statistics and practical details. He to his hatred of Chartism-to his repudiation is one of those speakers who, like the charof French Republicans and American Slave-iot-wheel, catch fire from the unbroken raowners to the peaceful doctrines of his pidity of their speed. He requires, too, the apostleship-to the maxims he inculcated-acclamations of multitudes-the electrical to the publicity of his proceedings, and the sympathies of a popular audience to animate orderly triumphs he had obtained. No per- him. The cold silence of a court of justice son could contemplate the appearance of is a drag-chain to his eloquence, while that such a man without emotion-standing at very coldness would enable him to construct the bar as a public criminal, and at the close the highest legal argument from the coolof a long life of renown, to purge himself ness and concentration of his reasoning facfrom the accusations of traitor and conspi-ulties. rator. It was a moving sight, and notwith- We have not touched on the Solicitor Genstanding what Mr. Whiteside called "the eral's reply-the Charge of the Chief Jusgigantic scissors" of the Attorney-General, tice, and the all-important verdict. The first and his elaborate construction of an harmo- was an elaborate and lucid summing up of nious whole out of a thousand disjected mem- the evidence-the second a very hearty piece bers, there are few unconvinced of Mr. of advocacy against the accused, and with all O'Connell's innocence as a public conspi- respect for his lordship's knowledge of his rator, however exciting his language, and judicial duties, far too warm and unilateral for the grave and impersonal administrator of justice. How different from Chief Justice Eyre's calm and dignified charge in Hardy's case, or Sir N. Tyndal's on the Chartist trials! Among the other matters in reserve for future consideration, is this unique demonstration of a "rigor beyond the law." Of the verdict we say nothing. It is the solemn finding of twelve sworn men. We hold it sacred.

ardent his sentiments.

Had Mr. O'Connell kept within the strict line of disproof, his speech would have been the crowning stone of the monument. He yielded to a too liberal enthusiasm, and would contrast, in the presence of a jury of Dublin citizens and shopkeepers, the glorious image of ancient prosperity with the melancholy reality of present ruin. In this, we think, the judgment of Mr. O'Connell erred. He collected an imposing multitude of authorities. He combated the Attorney-General with weapons fetched from his own armory. If the extracts from his anti-union speeches made him a conspirator, then did he "conspire, confederate, and combine," in sentiment and opinion with the highest and most venerated authorities. There was one conspicuous trait in his speech-not a word of harshness or unkindness to the AttorneyGeneral. He praised him rather for the moderation of his statement, and the candor of his conduct. This generosity was ill requited, for some of the subordinate conductors indulged themselves throughout in a rude and impertinent giggle, inconsistent with the calmness and impassiveness of state prosecutors. The Attorney-General had no reason to complain of Mr. O'Connell. Whoever reproved, he praised him.

The speech occupied six hours, and compared with many of his former efforts, it did not rise to the true standard of his eloquence. He had not that strong and seductive strength -that overwhelming fulness of intense passion-illustrative humor, and acute and vig

SONNET.-THE BRIDE.

BY AGNES STRICKLAND.

From the Court Journal.

A HOLY Softness glistened in her eyes,
As bright in tearful smiles, the new-made bride
Surveyed the wedded lover by her side,
Now linked to her for ever, with the ties
Of heaven's own blest cementing, as with sighs
That breathed of speechless fondness, she replied
To his enraptured words, and strove to hide
Those sweet effusions which at times would rise
To dim her radiant glances, like the dews
That fall on summer mornings, and bespoke
of love's celestial painting, softly broke
The soul's o'erflowing transport, while the hues
O'er her fair cheek, and added blushing grace
To each divine expression of her face.

The friend refused a shelter to his proscribed friend; the relation to his next of kin ; the father to his son, the son to his father, from the selfish All the passions hostile to humanity were free fear of compromising their own safety. No to indulge their homicidal rage. Envy, hatred, hiding-place was secure for the unfortunate Proand jealousy, discord, avarice, and vengeance-testants; they were either tracked to their most each and all partook, at this eternally execrable period, in the odious triumph of fanaticism.