that corruption, which sat, like an incubus on the heart of the metropolis, chaining the current of its blood, and locking up every healthful function and energy of life. The learned counsel might have seen the city pouring out her inhabitants, as if to share the general joy of escaping from some great caJamity, in mutual gratulation and public triumph.* But why does the learned counsel insist upon this subject before your lordships? Does he think such meetings illegal? He knows his profession too well not to know the reverse. But does he think it competent to the lord lieutenant and council of Ireland, to take cognisance of such facts, or to pronounce any opinion whatever concerning the privileges of the people? He must know it is not. Does he thenmean that such things may be subjects of your resentment, though not of your jurisdiction? It would have been worth while, before that point had been pressed, to consider between what parties it must suppose the present contest to subsist. To call upon the government of the country to let their vengeance fall upon the people for their resistance of unconstitutional influence, is surely an appeal not very consistent with the virtuous impartiality of this august assembly. It is only for those who feel defeat, to feel resentment, or to think of vengeance. But suppose for a moment (and there never ought to be reason to suppose it) that the opposition of the city had been directly to the views or the wishes of the government. Why are you, therefore, called upon to seize its corporate rights into your hands, or to force an illegal magistrate upon it? Is it insinuated that it can be just to punish a want of complaisance, by an act of lawless outrage and arbitrary power? Does the British constitution, my lords, know of such offen * The processions here alluded to, took place on the election of Mr. Grattan and Lord H Fitzgerald, who had been returned for the city of Dublin, in opposition to the court candidates, one of whom was Alderman Warran, then at the head of the police establishment. ces, or does it warrant this species of tyrannical reprisal? And, my lords, if the injustice of such a measure is without defence, what argument can be offered in support of its prudence or policy? It was once the calamity of England to have such an experiment made by the last of the Stuarts, and the last of that unhappy race, because of such experiments. The several corporations of that country were stript of their charters; and what was the consequences? I need not state them; they are notorious; yet, my lords, there was a time when he was willing to relinquish what he had so weakly and wickedly undertaken; but there is a time when concession comes too late to restore either public quiet or public confidence; and when it amounts to nothing more than an acknowledgment of injustice; when the people must see that it is only the screen behind which oppression changes her attack from force to fraud, from the battery to the mine. See then, my lords, how such a measure comes recommended; its principle injustice, its motive vengeance, its adoption sanctioned by the authority of a tyrant, or the example of a revolution. My lords, the learned counsel has made another observation, which I cannot pass without remark; it is the last with which I shall trouble you. He says, the commons may apply to the law, and bring an information in quo' warranto against Mr. James, though you should give him your approbation; that is, my lords, your judgment does not bind the right, it only decides the possession of the office. To this I answer, that in this case to decide on the possession is, in fact, 'to decide the contest; and I found that answer on the high authority of the noble lord, who was pleased to say that "when the city had spent three years in the king's bench, she would probably grow sick of the contest."* I was not surprised, my lords, to hear an expression of that regret which must arise in every worthy mind, and I am sure the noble lord sincerely felt, at the distress of a people, re*The lord chancellor. . duced to defend those rights which ought never to have been attacked, and to defend them in a way by which they could not possibly succeed. The truth is, as the noble lord has stated, the time of Mr. James's mayoralty would expire in a year, and the question of law could not be terminated in three. The present contest, therefore, cannot be decided by law. How, then, my lords, is it to be decided? Are the people to submit tamely to oppression, or are they to struggle for their liberties? I trust, my lords, you will think they have not done any thing so culpable as can justify the driving them to so calamitous a necessity; for fatal must that struggle be, in whatsoever country it shall happen, in which the liberties of a people can find no safety but in the efforts of vindictive virtue; fatal to all parties whatever may be the event. But, my lords, I feel this to be a topic on which it is neither my province nor my wish to expatiate, and I leave it the more willingly, because I know I have already trespassed very long upon your patience, and also, because I cannot relinquish a hope that the decision of your lordships this day will be such as shall restore the tranquillity of the public mind, the mutual confidence between the government and the people, and make it unnecessary for any man to pursue so painful a subject. SPEECH OF MR. CURBAN IN THE CASE OF THE KING AGAINST THE HONOURABLE MR. JUSTICE JOHNSON, IN THE COURT OF EXCHEQUER. MY LORDS, DUBLIN, FEBRUARY 4, 1805. IT has fallen to my lot, either fortunately, or unfortunately, as the event may be, to rise as counsel for my client on this most important and momentous occasion. I appear before you, my lords, in consequence of a writ issued by his majesty, commanding that cause be shown to this his court why his subject has been deprived of his liberty, and upon the cause shown in obedience to this writ, it is my duty to address you on the most awful question, if awfulness is to be judged by consequences and events, on which you have been ever called upon to decide. Sorry am I that the task has not been confined to more adequate powers; but, feeble as they are, they will at least not shrink from it. I move you, therefore, that Mr. Justice Johnson be released from illegal imprisonment. I cannot but observe the sort of scenic preparation with which this sad drama is sought to be brought forward. In part I approve it; in part it excites my disgust and indignation. I am glad to find that the attorney and solicitor-generals, the natural and official prosecutors for the state, do not appear; and I infer from their absence that his excellency the lord lieutenant disclaims any personal concern in this execra VOL. II. Mm ble transaction. I think it does him much honour; it is a conduct that equally agrees with the dignity of his character and the feelings of his heart. To his private virtues, whenever he is left to their influence, I willingly concur in giving the most unqualified tribute of respect. And I do firmly believe, it is with no small regret that he even suffers his name to be formally made use of, in avowing for a return of one of the judges of the land with as much indifference and nonchalance as if he were a beast of the plow. I observe, too, the dead silence into which the public is frowned by authority for the sad occasion. No man dares to mutter, no newspaper dares to whisper, that such a question is afloat. It seems an inquiry among the tombs, or rather in the shades beyond them. I am glad it is so-I am glad of this factitious dumbness: for if murmurs dared to become audible, my voice would be too feeble to drown them; but when all is hushed-when nature sleeps Cum quies mortalibus agris. The weakest voice is heard-the shepherd's whistle shoots across the listening darkness of the interminable heath, and gives notice that the wolf is upon his walk, and the same gloom and stillness that tempt the monster to come abroad, facilitate the communication of the warning to beware. Yes, through that silence the voice shall be heard; yes, through that silence the shepherd shall be put upon his guard; yes, through that silence shall the felon savage be chased into the toil. Yes, my lords, I feel myself cheered and impressed by the composed and dignified attention with which I see you are disposed to hear me on the most important question that has ever been subjected to your consideration; the most im |