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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 of men. Human feelings transcend official with which these trials abounded. Here it forms, and however grievous the folly and is in extenso. We well remember the long pernicious the precedent, let us still rememmetaphysical face of the speaker as he fixed ber the generosity—perhaps the mistaken his eye on the Attorney-General :
generosity which influenced the deed. Mr.
Law, afterwards Lord Ellenborough, when “Gentlemen, if there exists a case in which a lawyer of the meanest order, in citing the law, pleading for Warren Hastings, sent a cartel to is bound to cite it candidly and fairly, that case one of the managers. Men whose honor is is the case of a state prosecution. If there be a offended will not be restrained from vindicatcase in which common humanity requires that ing their reputation at any sacrifice. We do the law should be fairly and candidly cited, it is not justify, though we may soften down the a case where a man of my own rank-of my crime. There was at least in that rashness own profession—who was for nearly half a cen- the impulse of a lofty spirit, which is increastury an ornament of that profession who was ed by the consideration that Mr. Fitzgibbon for nearly half a century, without any disparagement 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 couragem belongs 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 prison to eke out in miserable wretchedness the strict line of propriety. After returning 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 Ai- Browne calls “an honest possibility of re. torney-General, to prosecute me. That is the conciliation” is open, and that both will recase in which I, conscious of innocence, would gard the affair as one of those acts of conven. say to him, my brother, do your duty-do it like tional hostility, which astonish the vulgar but a man-strike hard, but strike fairly! I would
amuse the initiated. The Attorney-General say to him, strike fairly, but if you aim below the belt, I repeat it," although I succeed in transgressed and relented—Mr. Fitzgibbon parrying your treacherous blow, you are no forgave. Never did public officer tread so longer a man entitled to any respect, or entitled close on imminent ruin. Let it be to bim for to any quarter. Am I, gentlemen, because I ever a warning and a lesson. 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 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 assumed many forms more or less correct and over again every word that I am justified in say-chaste. We are not, however, false in the ing, and in saying, because I am justified in feel: prediction, that he would rekindle the extining it. Such, gentlemen, has been the conduct of the Attorney-General in this prosecution.”
guished light, and restore the lamp to the
altar where it had long burnt with such unriA message 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 ed extraordinary displays of power. When course of Irish justice. It surprised all that all deemed the ancient glory of the Irish bar the Attorney-General should have resorted to was declined for ever, it once more refreshes such a vulgar vindication at that particular itself with draughts from the original foun
May, 1844. 6
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 ied 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, werefer 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 further, as one or two more claim a portion art, and delivered with all those thrilling ac- of our attention. At more fitting leisure we companiments which heighten its impress shall compare the eminent displays of all, iveness. It was the just and admirable re- and give the world the benefit of our judgmark of Fox, that “speeches were made to ment on this revival of the old triumphs of our be spoken, and not to be read.” Mr. White country. He was succeeded by Mr. M'Doside’s can bear the most scrutinizing inquiry nagh, who labored under the disadvantage of as a composition : but half the effect is lost to being preceded by such a speaker. He made those who did not hear him. The voice and an admirable and effective argument, for he the gesture the visible inspiration of intense did not affect to soar, though, ostrich-like, energy and conscious power--the fluctuating he passed over the ground with surprising emotions of the crowded court borne away by quickness. Misfortunes are rarely single. his fervor, when he carried them back to the Mr. Henn followed, and withdrew public atdays of national independence, and contrasted tention from the skilful reasoning and sound present desolation with past prosperity,- explication of the law they had just heard when he pointed to the fabric of the legisla- from Mr. M’Donagh. One matter we notive temple, deserted as it was by the tutelar ticed during the delivery—that their lordgods of old, -or when, in language not un- ships more frequently resorted to their pens worthy of Erskine, he traced the blessings --a sure sign of a sound argument.
. derived to the world from the right of free Mr. Henn long held out against all perdiscussion—the soul he inspired into all he suasives, but the defenceless condition of said, and the impassioned whirl in which his Tom Steele softened him into a relenting noble language rolled forth—all are lost in mood. It was a public regret that he did the transcript, and the frost-work of words not lead, which he might have done with such only remains.
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
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. His all its minutest details made as plain to our reply to the charges of conspiracy and disloyalty was a lofty and impressive vindication forous 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-liot-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 himselfness 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 ardent his sentiments.
for the grave and impersonal administrator of Had Mr. O'Connell kept within the strict justice. How different from Chief Justice line of disproof, his speech would have been Eyre's calm and dignified charge in Hardy's the crowning stone of the monument. He case, or Sir N. Tyndal's on the Chartist trials! yielded to a too liberal enthusiasm, and would Among the other matters in reserve for fucontrast, in the presence of a jury of Dublin ture consideration, is this unique demonstracitizens and shopkeepers, the glorious image tion of a "rigor beyond the law." of the of ancient prosperity with the melancholy verdict we say nothing. It is the solemn reality of present ruin. In this, we think, finding of twelve sworn men. We hold it the judgment of Mr. O'Connell erred. He sacred. 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“ spire, 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 Attorney
SONNET.-THE BRIDE. General. 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
A holy softness glistened in her eyes, rude and impertinent giggle, inconsistent
As bright in tearful smiles, the new-made bride with the calmness and impassiveness of state Surveyed the wedded lover by her side, prosecutors. The Attorney-General had no Now linked to her for ever, with the ties
Of heaven's own blest cementing, as with sighs reason to complain of Mr. O'Connell. Who
That breathed of speechless fondness, she replied ever reproved, he praised him.
To his enraptured words, and strove to hide The speech occupied six hours, and com- Those sweet effusions which at times would rise pared with many of his former efforts, it did To dim her radiant glances, like the dews not rise to the true standard of his eloquence.
That fall on summer mornings, and bespoke He had not that strong and seductive strength of love's celestial painting, softly broke
The soul's o'erflowing transport, while the hues -that overwhelming fulness of intense pas- O'er her fair cheek, and added blushing grace sion-illustrative humor, and acute and vig- To each divine expression of her face.
BY AGNES STRICKLAND,
From the Court Journal.
THREE DAYS" or 1572.
HISTORIES AND MYSTERIES. | themselves from the windows, from whence,
also, the dead bodies were thrown, whose fall FROM A TEAVELLER'S COLLECTION.
was more than once fatal to the slaughterers BY J. W. LAKE, (OF PARIS).
below. Others plunged into the Seine, and if they were able to cross the river, whose waters
were red with human gore, they found a speedy CHARLES LE MAUDIT. and horrible death where they had hoped for
Nor beauty, youth, nor old age, nor even From the Metropolitan.
tender infancy, could soften the executioners. The Duc de Guise, the Grand Prior of France, The fiat of Charles le Maudit had gone forth; and the other Catholic chiefs, passed the remain- his fanatic agents were alike insensible to mender of the night in exciting the people and sol-naces and to prayers. Their souls seemed to diers to murder and pillage. Whenever they be governed by an infernal genius. They dealt saw them, from fatigue, relax in their savage oc- their deadly blows without distinction of age or cupation, the noble prince and the grand prior sex, and their fiend-like ferocity contrived to renharangued this horrible multitude, urging them der the agonies of death still more agonizing, by on to fresh crimes and cruelties.
adding the most odious sarcasms, the grossest " Death to the Protestants !" cried the Prince insults, to all their homicidal frenzy could inspire Lorraine ; “ heaven and the king ordain it;- of the most revolting cruelty: away with pity-away with mercy for these Women, in a state which is respected by the factious heretics. The garments they wear are most savage nations, were not respected by those abandoned to the faithful who undertake to fulfil wretches. On the contrary, the helpless mother the divine and royal decrees; but woe to who- and the untimely infant were-but here we must ever affords shelter to those rebels proscribed by drop the veil. law!"
At this terrible epoch, it was not uncommon The Ducs de Montpensier, de Nemours, and to behold fathers exercising their children to fire d'Aumale, as well as Tarannes, Goudy, and upon the Huguenots, encouraging them to kill Henri d'Aagoulême, seconded the cruel enemy those who were only wounded, and to insult of the Protestants. Excited by the prospect of them in their dying moments by the most inplunder, and sure of more than impunity, the famous language. fanatic wretches gave themselves up without The friend refused a shelter to his proscribed reserve to excesses for which language has no 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 secret covers by the bloodhounds of Charles and period, in the odious triumph of fanaticism. Guise, or basely betrayed, and sold to their un
The social ties were all spurned or broken; sparing foes. the impatient heir immolated his aged and help- The public squares, streets, lanes, passages, less relation ; the debt of gratitude was paid alleys, were encumbered with dead bodies. In by a dagger in the bosom of the benefactor; many places they were piled up to the second mothers were seen to make away with their own floor, especially in the vicinity of the royal resichildren, and children to murder the authors of dence, the Louvre. The surprised and terrortheir existence; husbands destroyed their wives, struck Cavinists hurried either to the Hotel de and wives their husbands.
Colignyor to the palace of their sovereign: in the Το possess wealth was equally perilous as to first reigned desolation-in the latter the author be suspected of heresy: Glory, genius, good- of this frightful carnage. Death awaited them ness, were crimes, which ignorance and envy at the gates of both. punished with death. Every species of rivalry Such were the horrors that Paris presented became a cause and motive for murder.
during three days, its streets streaming with The Protestants, although the principal, were gore, and the Seine covered with the mutilated not the only victims of this frightful proscrip- remains of the victims, dreadful evidences of tion. Many good Catholics were sacrificed to the cruelty of the Parisians of that period, which the interest or vengeance of their private ene- the crimsoned flood bore “far away!" Unmies.
happily, their cruelty found imitators in every Paris
, at this moment, offered the most hide- part of the kingdom. vus of spectacles. To the savage howlings and In the principal towns, de la Brie, de l’Animprecations of the assassins, were joined the jou, du Berry, de l'Orléanais, du Lyonnais, du cries and shrieks of despair, the plaints and Languedoc, and de la Normandie, the Protestgroans of those who fell beneath the merciless ants were immolated without pity, as in the blows of their persecutors. With the dull and capital. The dagger of fanaticism penetrated sinister tolling of the bells, mingled the noise alike into the lofty chateau and the lowly cotof the loud drums and murderous firearms. The tage, without distinction, and without remorse. enfortunate victims, half naked, the greater The disfigured remains of the Huguenots part wounded, the blood streaming from their whom the proscription had attainted were left wounds, escaped from the hired assassins in unburied on the French soil. Woe to whoever their houses, to be massacred by the licensed had dared to give a murdered Protestant a grave! assassins in the streets. Many precipitated Such an act of common humanity, commanded