for assembling and meeting together for purposes prohibited
by a proclamation of the Lord Lieutenant; and for
conspiring to do an act forbidden by the law.
By every possible device, by demurrers and inconsistent
pleas, delays were interposed; and though Mr O’Connell
withdrew a former plea of not guilty, and pleaded guilty
to the counts to which he had at first demurred—though
Mr Stanley, in the House of Commons, in reply to a
question put by the Marquis of Chandos, emphatically
declared, that it was impossible for the Irish government,
consistently with their dignity as a government, to
enter into any negotiation implying the remotest compromise
with the defendants—and that it was the
unalterable determination of the law-officers of Ireland
to let the law take its course against Mr O’Connell—and
that, let him act as he pleased, judgment would be
passed against him—still, in spite of this
determination of the government, so emphatically announced
by the Irish Secretary, the statute on which the proceedings
were founded was actually suffered to expire, without
any previous steps having been taken against the state
delinquents. There has ever been that degree of
mystery about this event, which invariably rouses
attention and excites curiosity; the escape of those
parties was a great triumph over the powers, or the
expressed inclinations of the government, which was
well calculated to set the public mind at work to
discover the latent causes which produced such strange
and unexpected results. After an interval of
seven years, another case occurred, which was not calculated
materially to lessen the impression already made upon
the public; for although, in the following instance,
the prosecution was conducted to a successful termination,
yet questions of such grave importance were raised,
and fought with such ability, vigour, and determination,
that the accomplishment of the ends of justice, if
not prevented, was certainly long delayed.
On the 17th December 1838, twelve prisoners were brought
to Liverpool, charged in execution of a sentence of
transportation to Van Diemen’s Land for having
been concerned in the Canadian revolt. Here the
offenders had been tried, convicted, sentenced, and
actually transported. The prosecutors, therefore,
might naturally be supposed to have got fairly into
port, when they saw the objects of their tender solicitude
fairly out of port, on their way to the distant
land to which the offended laws of their country had
consigned them.
If justice might not account her work as done, at
a time when her victims had already traversed a thousand
leagues of the wide Atlantic, when could it be expected
that the law might take its course without further
let or hindrance? On the 17th of December, as
has been observed, the prisoners arrived at Liverpool,
and were straightway consigned to the care and custody
of Mr Batcheldor, the governor of the borough jail
of Liverpool; by whom they were duly immured in the