THREE:The formidable organisation of the Roman Catholics led to a counter organisation of the Protestants, in the form of Brunswick Clubs. This organisation embraced the whole of the Protestant peasantry, north and south, the Protestant farmers, and many of the gentry. They, too, held their regular meetings, had their exciting[284] oratory, and passed strong resolutions, condemnatory of the inaction of the Government, which was charged with neglecting its first and most imperative dutythe protection of society from lawless violence. The Brunswickers, as well as the Emancipators, had their "rent" to bear the expenses of the agitation. They alleged that they were obliged to organise in self-defence, and in defence of the Constitution. In Ulster the country was divided into two camps, Catholic and Protestant. Notwithstanding the difference in numbers, the Protestants of Ulster were eager to encounter their antagonists in the field, and had not the slightest doubt of being able to beat them. They had all the proud confidence of a dominant race, and regarded the military pretensions of their antagonists as scornfully as the Turks would have regarded similar pretensions on the part of the Greeks. The feeling on both sides was such, that an aggression upon the Protestants in the south would have called forth 100,000 armed men in the north; and an aggression upon the Catholics in Ulster would have produced a similar effect among the Catholics in Munster. The number of Protestants in favour of Emancipation constituted but a small minority. The great mass were against concession. They believed that an insurrection would be the most satisfactory solution of the difficulty. With the aid of the army they felt that they were able to crush the "Papists," as they had been crushed in 1798, and then they hoped they would be quiet for at least another generation, resuming what they considered their proper position as "sole-leather." They forgot, however, the increase in their numbers, their property, and their intelligence. They forgot the growth of a middle class amongst them; the increased power and influence of the hierarchy, and the formidable band of agitators supplied by the Roman Catholic bar, whose members, many of them men of commanding abilities and large practice, were excluded by their creed from the Bench; which exclusion filled the minds of the ambitious with a burning sense of wrong, and made it their interest to devise all possible modes of evading the law, while keeping the country on the verge of insurrection.
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THREE:It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."
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