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THREE:Notwithstanding these rejoicings, however, there is no doubt that the imprisonment completely broke the spirit of O'Connell. During 1843 he had been urged forward by the impetuosity and warlike spirit of the Young Ireland party, and the excitement of the monster meetings seems to have filled his mind with the notion that he could really wield the physical power of the country in an actual contest with the Queen's forces. His prison reflections dissipated all such illusions. The enforced inactivity, at his time of life, of one accustomed to so much labour and to such constant speaking, no doubt affected his health. Probably the softening of the brain, of which he died, commenced about this time. At all events he was thenceforward an altered man, excessively cautious and timid, with a morbid horror of war and blood, and a rooted dislike of the Young Ireland leaders, which the Old Ireland party did all they could to strengthen. Mr. Smith O'Brien had been the Conservative member for the county of Limerick, and had been opposed to the Repeal agitation; but the moment O'Connell was arrested, he joined the Association, taking the vacant position of leader, and adopting the policy of the Young Ireland party, which avowedly tended to war and revolution. Boasting of a lineal descent from the conqueror of the Danes at Clontarf, and hailed by some of his admirers as one who had a right to wear his crown, the new convert to Repeal seemed determined to go all lengths for the liberation of[534] his country from the Saxon yoke. O'Connell at first seemed to rejoice in the accession of strength to the cause, but signs of jealousy and dislike were soon manifested. In private there was a marked coolness between the two leaders, and when, at the meetings of the Association, any of the Young Ireland orators gave utterance to martial sentiments, they were promptly called to order by O'Connell; but they revenged themselves by frequently outvoting him in committee, which was a grievous mortification to one so long accustomed to almost absolute rule among his followers. He attended Parliament during the Session of 1845-46, diligently performing his duties as a representative, sitting in committees, and taking part in the debates of the House. During his absence the Young Ireland party gained a complete ascendency in the Repeal Association. Mr. Smith O'Brien, who refused to sit on any committee in the House of Commons not connected with Irish business, and was imprisoned in the cellar for his contumacy, made himself an idol with the revolutionary party at home by his refractory spirit and the perversity of his conduct. The other leaders of that party who exerted the greatest influence were Thomas Davis, Charles Gavan Duffy, D'Arcy M'Gee, and Thomas Meagher��all men of superior ability, whose organ, the Nation, exerted great influence throughout the country. Ultimately, a series of "peace resolutions," which were proposed in the Repeal Association, pledging its members to abjure the sword as an instrument for redressing the grievances of Ireland, caused an open rupture between the two parties. The Young Irelanders seceded in a body from Conciliation Hall, and established an organisation of their own��"The Irish Confederation." From this time the Repeal rent rapidly fell off, and when O'Connell again returned to Dublin he found that the spell of his enchantment, once so potent, was broken; and the famine came soon after, to consummate his affliction and break his heart. Before the sad close of his public career had arrived, and pending the issue of the State trial, O'Connell had a proof of the magnanimity of the English people, of those Saxons whose national character he had so often assailed and maligned. When he appeared at one of the Anti-Corn-Law meetings in Covent Garden Theatre, his reception by the assembled multitude is described as one of the most magnificent displays of popular enthusiasm ever witnessed. They remembered only that his jury was packed, that his judges were prejudiced, and that he had been for thirty years the able and consistent opponent of the Corn Laws. He declared himself that he was not prepared for such a demonstration, even by the experience of the monster meetings. This great triumph on English ground seemed to infuse new life into the veteran agitator, for his speech on that occasion was one of the finest and most effective he ever delivered.

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THREE:

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THREE:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Bills��one to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.It was not long before the Third Estate was discovered to be in hopeless antagonism with the Court and privileged Orders, and they resolved to act separately. They must act for themselves and for the people at large, or, by further delays, lose all the advantages of the moment. They resolved to assume the character of the representatives of the entire nation. Si��y��s declared that the Commons had waited on the other Orders long enough. They had given in to all the conciliations proposed; their condescensions had been unavailing; they could delay no longer, without abandoning their duty to the country. A great debate arose regarding the name that the body of deputies which resolved to become the real legislative power should choose. Mirabeau proposed, the "Representatives of the People;" Mounier, "The Deliberative Majority in the absence of the Minority;" and Legrand, "The National Assembly." The proposal of Mounier was soon disposed of; but there was a strong inclination in favour of "The National Assembly," and Mirabeau vehemently opposed it. The name of "National Assembly" had, it is said, been recommended to Lafayette by Jefferson, the American Minister, and as Lafayette had not yet ventured to move before his Order, and join the Tiers ��tat, Legrand, an obscure member, and lately a provincial advocate, was employed to propose it. But Si��y��s had, in his famous brochure on the "Rights of Man," long before thrown out these words:��"The Tiers ��tat alone, it will be said, cannot form a States General. So much the better; it will constitute a National Assembly!" On the 15th of June, Si��y��s proposed that the title should be "The National Assembly of Representatives, known and verified by the French Nation." Mirabeau indignantly repelled the title in any shape. He declared that such a title, by denying the rights and existence of the other two Orders, would plunge the nation into civil war. Legrand proposed to modify the name by making it "The General Assembly." Si��y��s then came back to his original title of simply "The National Assembly," as devoid of all ambiguity, and Mirabeau still more violently opposed it. But it was soon seen that this name carried the opinion of the mob with it; the deputies cried out loudly for it; the galleries joined as loudly in the cries. Mirabeau in a fierce rage read his speech, said to have been written by his friend Dumont, before the president Bailly, and withdrew, using violent language against the people who had hooted him down, declaring that they would soon be compelled to seek his aid. He had protested in his speech that the veto, which some of the deputies wished to refuse to the king, must be given to him; that without the royal veto he would rather live in Constantinople than in France; that he could conceive nothing more dreadful than the sovereignty of six hundred persons; that they would very soon declare themselves hereditary, and would[360] finish, like all other aristocracies that the world had ever seen, by usurping everything. These words, only too prophetic, had brought down upon him a tempest of execration; and writhing under it he had hastened to the Court and had an interview with Necker, warning him of the danger of the crisis, and offering to use his influence in favour of the king's authority. Necker received him coldly, and thus Mirabeau was thrown back on the people. Si��y��s's motion was carried by a majority of four hundred and ninety-one against ninety; and the National Assembly was proclaimed amid loud acclamations, mingled with cries of "Vive le Roi!"

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