Bits of Blarney

It has been strongly asserted, and as strongly denied, that a long line of ancestry gave O'Connell an hereditary right to take part in the public affairs of his native land, as if he, and all of us, did not inherit that right as an heir-loom derived from the first principles of nature. The tradition of his house was that the O'Connell family were entitled to rank among the most ancient in Ireland, antiquarians having avowed that his surname was derived from Conal Gabhra, a prince of the royal line of Milesius – that they originally possessed immense estates in the county of Limerick, and removed to the barony of Iveragh, in the western extremity of Kerry, where they enjoyed the almost regal office of Toparchs; – that, in the time of Elizabeth, their then chief, Richard O'Connell, made submission of his lands to the British crown; – that the rebellion of 1641 removed the sept O'Connell to the County Clare, by forfeiture (a certain Maurice O'Connell it was who forfeited his property in the Civil Wars of 1641, and received the estates in Clare as a partial indemnity; his uncle, Daniel O'Connell of Aghgore, in Iveragh, took no share in the Civil War, and thus preserved his estate); – that the Clare branch of the family supported James II., and, on the triumphs of the Orange party, had to seek in foreign lands the distinctions from which the Penal Laws excluded it in its own.

One of these, a certain Daniel O'Connell, who subsequently was created Count of "the Holy Roman Empire," disqualified, by his religion, from holding military or civil rank in his own country, entered the French service in 1757 – when he was only fourteen years of age. He served in the seven years' war – at the capture of Port Mahon, in 1779, and was severely wounded at the grand sortie on Gibraltar in 1782 – remained faithful to Louis XVI., until fidelity was of no further use – emigrated to England – was there appointed, in 1793, Colonel of the 6th Irish Brigade – retained that command until the corps was disbanded – returned to France, at the Restoration, in 1814 – was there and then restored to his rank of General and Colonel-Commandant of the regiment of Salm, and named Grand Cross of the Order of St. Louis – refused to take rank under Louis Philippe – and died in 1834, aged ninety-one, a military patriarch, full of years and honours, holding the rank of General in the French, and being oldest Colonel in the English service. Count O'Connell was grand-uncle to "the Liberator."

It may not be generally known that the military tactics of Europe at the present day have emanated from Count O'Connell. The French Government resolved, in 1787, that the art of war should be thoroughly revised, and a military board, consisting of four general officers and one colonel, was formed for that purpose. Count O'Connell, who then commanded the Royal Suedois (or Swedish) regiment, was justly accounted one of the most scientific officers in the service, and was named as the junior member of that board. The other members soon discovered how correct and original were the views of their colleague, and unanimously confided to him the redaction of the whole military code of France. So well did he execute this important commission, that his tactics were followed in the early campaigns of revolutionized France, by Napoleon – and finally adopted by Prussia, Austria, Russia and England.

To Morgan O'Connell, father of "the Liberator," descended none of the property originally held by the family. His elder brother, Maurice, succeeded to a large portion, (that which eventually was bequeathed to Daniel,) and it had the peculiarity of being free from all chiefry, imposts, or Crown charge – an unusual thing, and occurring only in the instance of very remote tenure. This portion was held under what was called Shelburne leases – renewable for ever, and first granted before the enactment of the Penal laws, and therefore not "discoverable;" that is, not liable to be claimed from a Catholic holder by any Protestant who chose to claim them.

Daniel O'Connell's father became a petty farmer and a small shop-keeper at Cahirciveen. At that time he was simply known as "Morgan Connell," – there being some to this day who wholly deny the right of the family to the prefix of "O." The Irish proverb says:

By Mac and O,You'll always knowTrue Irishmen, they say;For if they lackThe O or Mac,No Irishmen are they.

The same doubters have contended that the independence realized by Morgan O'Connell was gained, not by farming nor by shop-keeping, but by extensive smuggling. But it was gained in some manner, and with it was purchased a small estate at Carhen, within a mile of Cahirciveen, where his years of industry had been passed, and not far from Derrynane. It was at Carhen that Daniel O'Connell was born, on the 6th August, 1775 – the very day (he used to say) on which were commenced hostilities between Great Britain and her American colonies.

Daniel O'Connell's grandfather was the third son of twenty-two children. He died in 1770, leaving as his successor his second son, Maurice (John, the eldest, having predeceased him). This gentleman was never married, and it was on his death, in 1825, that the "Agitator" succeeded him as owner of the Derrynane estate. Morgan O'Connell (father to the "Liberator") died in 1809, and left two other sons, who are also handsomely provided for – John, as owner of Grena, and James of Lakeview, both places near Killarney.

I trust that I have not travelled out of my way to give this sketch of the descent of the family connexions of O'Connell. It shows that, at any rate, he is not the novus homo– the mere upstart, without the advantages of birth and fortune, which he was often represented to be. At the same time, no O'Connell need be ashamed of what honest industry accomplished – that much of the landed property which O'Connell's father inherited, held by John O'Connell of Grena, was purchased from the profits of his business as a farmer and general shop-keeper.

From the first, Maurice O'Connell, of Derrynane, attached himself to his nephew Daniel, whom he educated. The earliest instructions in any branch of learning which the future "Liberator" received, were communicated to him by a poor hedge-schoolmaster, of a class ever abounding in Kerry, where every man is said to speak Latin. David Mahony happened to call at Carhen when little Daniel was only four years old, took him in his lap, and taught him the alphabet in an hour and a half. Some years later, he was regularly taught by Mr. Harrington – one of the first priests who set up a school after the repeal of the laws which made it penal for a Roman Catholic clergyman even to live in Ireland. At the age of fourteen he went abroad with his brother Maurice to obtain a good education.

Seventy years ago, the policy, or rather the impolicy of English domination actually prohibited the education of the Catholics within Great Britain and Ireland. They were, therefore, either compelled to put up with very limited education, or forced to go abroad for instruction, – rather a curious mode of predisposing their minds in favour of the English laws. Mr. O'Connell was originally intended for the priesthood, and was educated at the Catholic seminary of Louvain, next at St. Omer, and, finally, at the English college of Douay, in France. But, at that time, there were fully as many lay as clerical pupils at that college.

At St. Omer, Daniel O'Connell rose to the first place in all the classes, and the President of the College wrote to his uncle, in Ireland – "I have but one sentence to write about him, and that is, that I never was so mistaken in all my life as I shall be, unless he be destined to make a remarkable figure in society."

The two brothers commenced their homeward journey on the 21st of December, 1793 – the very day on which Louis XVI. was guillotined at Paris. During their journey from Douay to Calais, they were obliged to wear the revolutionary cockade, for safety. But, as good Catholics, they were bound to abhor the atrocities perpetrated, at that time, by the Jacobins, in the sacred name of liberty, and when they stood on the deck of the English packet-boat, indignantly tore the tri-colour from their hats, and flung them, with all contempt, into the water. Some French fishermen, who saw the act, rescued the cockades, and flung imprecations against the "aristocrats" who had rejected them. At the same time, when an enthusiastic Irish republican, who had "assisted" at the execution of Louis, exhibited a handkerchief stained with his blood, the young students turned away and shunned him, in disgust and abhorrence. Not then, nor at any period of his career, was O'Connell an anti-monarchist. It is said that, during the trial of Thomas Hardy, at London, (October, 1794,) for high treason, he was so much shocked at the unfair means used by the Crown lawyers to convict the accused – means foiled by eloquent Erskine and an honest jury – that he resolved to place himself as a champion of Right against Might, and identify himself with the cause of the people. While he was on the Continent, that relaxation of the Penal laws took place which allowed the Catholic to become a barrister. It is probable that this was the immediate cause of his becoming a lawyer. A young man of his sanguine temperament was likely to prefer the bar, with its temporal advantages, – its scope for ambition, – its excitement, – its fame, to the more secluded life of an ecclesiastic. Accordingly, I find that he entered as a law-student at Lincoln's Inn, in January, 1794 – eat the requisite number of term-dinners there, for two years – pursued the same qualifying course of "study" at King's Inn, Dublin, and was called to the Irish bar, in Easter term, 1798, in the 23d year of his age.

The Rebellion was in full fling at the time, and (in order, no doubt, to show his "loyalty" as a Catholic) he joined what was called "the lawyers' corps," associated to assist the Government in putting down revolt.

The period of his admission was singularly favourable. Catholics had just been admitted to the Irish bar – to the minor honours of the profession; although it was hoped, and not extravagantly, that, in time, all its privileges would be thrown open to them. It was impossible to say what was Mr. O'Connell's ambition at the time; however high, he could not have had a dream of the elevation which he subsequently reached. He must have felt, however, that he had a wide field for the exercise of his abilities. His ostensible ambition, for many years, was to become a good lawyer. During what is called "the long vacation," and at other periods when he could spare time, he resided a good deal with his uncle in Kerry, where he pursued the athletic sports in which, almost to the close of his career, he delighted to participate. On one occasion, while out upon a hunting expedition, he put up at a peasant's cabin, sat for some hours in his wet clothes, and contracted a typhus fever. In his delirium he often repeated the lines from Home's tragedy of Douglas:

"Unknown I die – no tongue shall speak of me.Some noble spirits, judging by themselves,May yet conjecture what I might have proved,And think life only wanting to my fame."

His son has preserved a letter, written in December, 1795, when he was in his twenty-first year, in which he communicates his views to his uncle Maurice, of Derrynane. A passage or two may be worth quoting, to show with what earnestness he devoted himself to the career upon which he was then preparing to enter. He says, "I have now two objects to pursue – the one, the attainment of knowledge; the other, the acquisition of all those qualities which constitute the polite gentleman. I am convinced that the former, besides the immediate pleasure which it yields, is calculated to raise me to honour, rank, and fortune [how prophetic were the young man's aspirations!]; and I know that the latter serves as a general passport or first recommendation; and, as for the motives of ambition which you suggest, I assure you that no man can possess more of it than I do. I have, indeed, a glowing, and – if I may use the expression – an enthusiastic ambition, which converts every toil into a pleasure, and every study into an amusement."

He adds, in the same honourable spirit, "Though nature may have given me subordinate talents, I never will be satisfied with a subordinate situation in my profession. No man is able, I am aware, to supply the total deficiency of abilities, but every body is capable of improving and enlarging a stock, however small, and, in its beginning, contemptible. It is this reflection that affords me most consolation. If I do not rise at the bar, I will not have to meet the reproaches of my own conscience. * * * Indeed, as for my knowledge in the professional line, that cannot be discovered for some years to come; but I have time in the interim to prepare myself to appear with greater éclat on the grand theatre of the world."

As a barrister, he naturally took the Munster circuit, and here his family connexion operated very much in his favour. In the counties of Clare, Limerick, Kerry and Cork, he had relatives in abundance, and being, I believe, the first Catholic who had gone that circuit, he naturally engrossed a considerable portion of the business which the Catholics had previously, ex necessitate, distributed among the barristers of a contrary persuasion. He succeeded, moreover, in establishing the reputation of being a shrewd, clever, hard-working lawyer, and briefs flowed in so abundantly, that he may be cited as one instance, amid the ten thousand difficulties of the bar, of great success being immediately acquired. There was nothing precarious in this success: he was evidently a shrewd, clever, long-headed lawyer, and while the Catholics gave him briefs, because of his family and religion, the Protestants, not less wise, were not backward in engaging his assistance – not that they much loved the man, but that his assistance was worth having, as that of a man with a clear head, a well-filled mind, strong natural eloquence, and, from the very first, a mastery over the art of cross-examining witnesses.

O'Connell's friends scarcely anticipated, from what his youth had been, the success which met him on his first step into active manhood. He held his first brief at the Kerry Assizes, in Tralee. Between a country gentleman named Brusker Segerson and the O'Connells there long had been a family feud. Brusker accused one of the O'Connell tenants at Iveragh, of sundry crimes and misdemeanors, which judge and jury had "well and truly to try and determine." Young O'Connell had his maiden brief in this case. Brusker, knowing the young lawyer's inexperience, anticipated a triumph over him, and invited a party of friends to witness the "fatal facility" with which the accused would be worsted. But it happened not only that the accused was the acquitted, but there was a general opinion, from the facts on the trial, that Brusker Segerson's conduct had been oppressive, if not illegal. Brusker turned round to his friends and soundly swore that "Morgan O'Connell's fool was a great lawyer, and w ould be a great man." Henceforth he always employed O'Connell – but with the distinct and truly Irish understanding that the hereditary and personal feud between them should in no wise be diminished!

One of O'Connell's earliest displays of acuteness was at Tralee, in the year 1799, shortly after he had been called to the bar. In an intricate case, where he was junior counsel (having got the brief more as a family compliment than from any other cause), the question in dispute was as to the validity of a will, which had been made almost in articulo mortis. The instrument was drawn up with proper form: the witnesses were examined, and gave ample confirmation that the deed had been legally executed. One of them was an old servant, possessed of a strong passion for loquacity. It fell to O'Connell to cross-examine him, and the young barrister allowed him to speak on, in the hope that he might say too much. Nor was this hope disappointed. The witness had already sworn that he saw the deceased sign the will. "Yes," continued he, with all the garrulousness of old age, "I saw him sign it, and surely there was life in him at the time." The expression, frequently repeated, led O'Connell to conjecture that it had a peculiar meaning. Fixing his eye upon the old man he said, – "You have taken a solemn oath before God and man to speak the truth and the whole truth: the eye of God is upon you; the eyes of your neighbours are fixed upon you also. Answer me, by the virtue of that sacred and solemn oath which has passed your lips, was the testator alive when he signed the will?" The witness was struck with the solemn manner in which he was addressed, his colour changed – his lips quivered – his limbs trembled, and he faltered out the reply – "there was life in him." The question was repeated in a yet more impressive manner, and the result was that O'Connell half compelled, half cajoled him to admit that, after life was extinct, a pen had been put into the testator's hand, – that one of the party guided it to sign his name, while, as a salvo, for the consciences of all concerned, a living fly was put into the dead man's mouth, to qualify the witnesses to bear testimony that "there was life in him" when he signed that will. This fact, thus extorted from the witness, preserved a large property in a respectable and worthy family, and was one of the first occurrences in O'Connell's legal career worth mentioning. Miss Edgeworth, in her "Patronage," has an incident not much different from this; perhaps suggested by it. The plaintiffs in this case were two sisters named Langton, both of whom still enjoy the property miraculously preserved to them by the ingenuity of O'Connell; they were connexions of my own (Sarah Langton, the youngest, was married to my cousin, Frank Drew, of Drewscourt), and I have often heard them relate the manner in which he had contrived to elicit the truth.

It is no common skill which can protect innocence from shame, or rescue guilt from punishment. Nothing less than an intimate knowledge of the feelings of the jury, and the habits and characteristics of the witnesses, can enable an advocate to throw himself into the confidence of a jury composed of the most incongruous elements, and to confuse, baffle, or detect the witnesses. There is no power so strong as that of good cross-examination; and I never knew any man possess that power in a more eminent degree than O'Connell. The difficulty is to avoid asking too many questions. Sometimes a single query will weaken evidence, while a word more may make the witness confirm it. Some witnesses require to be pressed, before they bring out the truth – others, if too much pressed, will turn at bay, and fatally corroborate every thing to which they already have sworn. It is no common skill which, intuitively as it were, enables the advocate to perceive when he may go to the end of his tether, – when he must restrain. The fault of a young b arrister is that he asks too many questions. It is a curious fact, that, from the first moment he was called to the bar, O'Connell distinguished himself by his cross-examinations. If he was eminent in a criminal trial, he was no less so in civil cases. Here he brought all his legal learning to bear upon the case, and here, too, he had the additional aid of that eloquence which usually drew a jury with him.

John O'Connell gives an anecdote which illustrates his father's success in the defence of his prisoners. It had fallen to his lot, at the Assizes in Cork, to be retained for a man on a trial for an aggravated case of highway robbery. By an able cross-examination, O'Connell was enabled to procure the man's acquittal. The following year, at the Assizes for the same town, he found himself again retained for the same individual, then on trial for a burglary, committed with great violence, very little short of a deliberate attempt to murder. On this occasion, the result of Mr. O'Connell's efforts rose a disagreement of the jury; and, therefore, no verdict. The Government witnesses having been entirely discredited during the cross-examination, the case was pursued no farther, and the prisoner was discharged. Again, the succeeding year, he was found in the criminal dock; this time on a charge of piracy! He had run away with a collier brig, and having found means for disposing of a portion of her cargo, and afterwards of supplying himself with some arms, he had actually commenced cruising on his own account, levying contributions from such vessels as he chanced to fall in with. Having "caught a tartar," whilst engaged in this profitable occupation, he was brought into Cove, and thence sent up to Cork to stand his trial for "piracy on the high seas." Again Mr. O'Connell saved him, by demurring to the jurisdiction of the Court – the offence having been committed within the jurisdiction of the Admiralty, and, therefore, cognizable only before an Admiralty Court. When the f ellow saw his successful counsel facing the dock, he stretched over to speak to him, and, raising his eyes and hands most piously and fervently to heaven, he cried out – "Oh, Mr. O'Connell, may the Lord spare you —to me!"

Here let me give my opinion, that the disqualification of his religious tenets, which kept him in a stuff gown while his juniors in standing, and inferiors in talent, were strutting about with all professional honour, was not much detriment to O'Connell's advancement. Here was a man, confessedly at the head of his profession, yet excluded from its honours by unjust and intolerant laws – it became, therefore, a practice to consider him a martyr for the sake of his religion, and he got many and many a brief because such was the feeling. His disqualification as a Catholic gained him business as a Barrister.

The Union failed to make Ireland happy – because the chains of the Catholics were still allowed to gall them, instead, as Mr. Pitt contemplated, of being removed with the least possible delay. George III. threw himself between Ireland and justice. Relief was expected from Mr. Fox, and might, perhaps, have been granted, but the death of that statesman, almost immediately succeeded by an Anti-Catholic Ministry, sounded the knell to the hopes of the people of Ireland. It was at this time that Mr. O'Connell came forward as a politician; he had personal reasons for doing so, because, now being in the enjoyment of a very excellent practice at the bar, he found numerous vexations arising from the privileges enjoyed by men less talented, less qualified than himself, but who enjoyed the advantages which religious and political "ascendency" gave them.

The Catholics at last threw themselves into an attitude of defence. O'Connell's first decided step16 was the taking part in the proceedings of a meeting of Catholics, held in Dublin in May, 1809. Then, for the first time for over a hundred years, Catholics literally "spoke out." Their daring appeared to draw strength for their despair. What was called "the Catholic Committee" was formed, and this, strongly against O'Connell's advice, violated the law by assuming a representative character. Lord Killeen (eldest son of the Earl of Fingal, a Catholic peer), and some others of the leaders, were prosecuted by the Government. They were defended by O'Connell, and Ireland then witnessed the almost unprecedented circumstance of Catholic agitators being acquitted by a Protestant jury in Dublin.

The Catholic Committee, however, became alarmed, and broke up. Then was formed the Catholic Board, at which it was a matter of dispute whether Emancipation might not be purchased by allowing the Crown to pay the Catholic clergy, and giving the head of the Church of England a veto on the appointment of Catholic bishops in Ireland. Feeble and vacillating, the greater portion of the Catholic nobility held aloof from the struggle, in which O'Connell took the popular side. Later in the day,

The late Duke of Richmond (Viceroy of Ireland) put down the Catholic Board by means of his Attorney-General Saurin. The members of that Board, as some small acknowledgment for the services of their colleague, voted Mr. O'Connell a piece of plate, of the value of 1000l. The Board being put down, the Catholic cause would have fallen but for the intrepidity of O'Connell, who assumed the leadership at once, and published a letter, continued annually for a long time, in which he stated the wrongs of Ireland, with her claims for relief, and suggested the mode of action. This annual message had the motto, from Childe Harold,