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Thus reasons that senator of spotless honor, Mr. More O'Ferrall-who has sworn the Roman Catholic oath-thus reasons Mr. Villiers Stuart, a gentleman of English descent located on the Irish soil. Upon the propriety of such an argument, issuing from the lips of the former gentleman, we feel that comment from us would be misplaced; for gentlemen who agree in sentiment or opinion with the Protestant moralist and reformer, we shall relate an anecdote in the words of a revered authority, the late Bishop Jebb:

"The writer cannot help recording a curious fact, which he heard several years ago from Dr. Phelan's own lips. His words were nearly as follows:

When I was a very little boy, I was invited to attend a funeral. The house in which the people were assembled was within a short distance of Clonmel, on the banks of the river Suir, and commanding an extensive prospect into the county of Waterford. A friar, who hap pened to be present, drew me apart from the company, (I was then à Roman Catholic); he led me to a bay-window, took me by the hand, and said, 'Look there around you, my boy; those mountains, these valleys, as far as you can see, were once the territory of your ancestors; but they were unjustly despoiled of it.' I never can forget the impression. My young blood boiled in my veins. For the time I was in spirit a rebel; and I verily believe, if it had not been the good pleasure of Providence to lead me into other circumstances, and furnish me with better instructors, I might have terminated my life on a scaffold.

This is an interesting and an instructive anecdote. We give it in the words of Dr. Phelan's honored biographer; observing, that there is

one, and only one name in it which we would alter. We have some reason to believe that the incident which stamped so indelible an impression on young Phelan's memory, occurred on the banks, not of the Suir, but the Blackwater. Of this, however, we are certain: the most striking features in the landscape over which the friar commanded the youth to gaze, were beauties on the estates which now acknowledge the Villiers Stuarts for their masters. We remembered the anecdote when we read the notable argument from a scion of this intruded family. We remembered, too, that, although the prospect by which the descendant of a Prince of the Deasies was fired, had, among its embellishments, the steeples or spires of one or two village churches, and although more than one modest parsonage was visible, the ecclesiastical incendiary never condescended to notice them. No-the endowment of the Established Church is only an incident in the spoliation by which Roman Catholics feel aggrieved. So long as they declare themselves contented with forfeitures which have given the soil of all Ireland to the Saxon, it would be worse than absurd in them to affect impatience at the very moderate reserve made for the maintenance of the Saxon Church.

While we thus endeavour to prove that the church establishment is not what its enemies term the monster grievance of Ireland, that it is, at worst, but a natural consequence, or an integral part of a more comprehensive settlement of property, we are by no means blind or indifferent to the dangers and discontents to which the whole settlement of property in Ireland has been made to furnish occasion. Lord John Russell, we believe, has pronounced the case of our church temporalities anomalous; we merely would expand his observation into a truth. There is nothing now existing in any country, civilized or barbarous, which furnishes a parallel for the case of proprietorship in Ireland. The whole island has been confiscated, repeatedly confiscated, and good care has been taken that the descendants of the ancient proprietors shall retain a stimulating re

Remains of William Phelan, B.D., vol. i. p. 2, Note.

membrance of their ancestors' wrongs and losses.

This is the peculiarity or the anomaly most to be observed and dreaded in the social state of Ireland. A people whose love and pride of ancestry is eminently strong and constant, living amidst continually renewed remembrances of their fallen greatness—the descendants of their ancient chieftains in wretchedness or beggary, and strangers bearing rule over their rightful inheritance. The effect of representations to this effect artfully adapted to the character and circumstances of an imaginative and an impoverished people can scarcely be exaggerated. Of the spirit in which they are framed the following passage from the " Memoirs of Captain Rock" may be taken as a fair specimen :

:

"In fact, most of the outlawries in Ireland were for treason committed the very day on which the Prince and Princess of Orange accepted the crown in the banquetting-house; though the news of this event could not possibly have reached the other side of the channel on the same day, and the lord lieutenant of King James, with an army to enforce obedience, was at that time in actual possession of the government. So little was common sense consulted, or the mere decency of forms observed by that rapacious spirit which nothing less than the confiscation of the whole island could satisfy; and which, having, in the reign of James I. and at the Restoration, despoiled the natives of no less than ten millions six hundred and thirty-six thousand eight hundred and thirty-seven acres, now added to its plunder one million sixty thousand seven hundred and ninety-two acres more, being the amount altogether (according to Lord Clare's calculation) of the whole superficial contents of the island.

"Thus not only had all Ireland suffered confiscation in the course of this century, but no inconsiderable portion of it had been twice and even thrice confiscated. Well might Lord Clare say, that the situation of the Irish nation, at the Revolution, stands unparalleled in the history of the inhabited world.'"-Memoirs of Captain Rock, book i. cap. 12.

This is not the place for entering into a discussion upon the equity or lawfulness of the Irish forfeitures and confiscations. Our business is only to remind the reader that a persuasion of their injustice has been industriously and incessantly wrought into the minds VOL. XXII.-No. 129.

of the great mass of the people.
Neither have the efforts to produce
this effect been made clandestinely.
It is said, indeed, that the ceremony
of taking possession is secretly ob-
served by the successor on the demise
of each claimant of a forfeited estate,
and some act performed to intimate
that the claim is not abandoned. But,
independently of these occult asser-
tions of imperfect right, there are
frequent acts of a more public nature
which give notice to the de facto pos-
sessors that their rights are challenged.

It is well known to those who read
Irish history, that in the brief reign
of James II. the enactments to deprive
English settlers of their possessions
were preceded by publications im-
pugning the acts of settlement and
explanation, and insisting on the rights
of the dispossessed ancient proprietors.
These latter vaunted their expectation
that a Roman Catholic monarch would
restore them to what they claimed as
their rights; and, while arguments
were put forth through the press in
their behalf as well as on the part of
the actual occupants, a sense of in-
security and alarm was generally dif-
fused throughout the recognised pro-
prietary. Now, however neglected
the history of Ireland may be by Pro-
testants and those who constitute what
has been termed the English party,
their competitors are not equally re-
gardless. They know, therefore, by
historical experience, the tendency and
probable effect of declamation against
the recognised and legal settlement of
property, and are, accordingly, the less
likely to have recourse to it heedlessly.

Those who desire to see how this powerful lever has been applied and used to the awakening fear in one class and eager expectancy in another, may be sufficiently instructed by reading a single chapter of the Repealer's Manual, and looking over the proceedings at the usual repeal demonstrations as reported in the newspapers of the party. It needs but little acumen to discern the hope and purpose of extensive confiscation, virtual or enforced by law, in the professions of even the less demonstrative repealers. We say virtual confiscation, because we think it probable that were the repeal scheme successful, the great majority of Anglo-Irish proprietors would be induced to surrender their rights by processes more expeditious

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and less peaceful than those of law, and hold it quite possible for a parliament in College-green to exculpate itself in the judgment of Europe, while its members and its supporters have obtained all the advantages which enactments of proscription and spoliation could ensure to them.

We are not ignorant that many advocates and champions of repeal strongly disclaim the purposes which we think discernible in the tendencies and through the agencies of their movement. It is true, they say, the rights, if rights they be, of the Saxon proprietors, were founded in injusticethe forfeitures by which they benefitted were iniquitous and indefensible-but time and occupation have given them a new title better than that which they derived from acts of parliament or from the favour of the throne-marriage settlements, provision for children, have consecrated rights originally more than questionable to violate them would be now a species of injustice. This would all be very good as a plea in favour of occupancy urged by advocates of actual proprietors-but it is a plea which rival claimants who believed they had justice on their side would laugh to scorn whenever they thought the time come for enforcing their rightful claims. Arguments from prescription have weight and authority in times of settled and longsubsisting order: in a new nation, and such a nation as young Ireland is to be when its independence is proclaimed, few men will be found so dauntless or so unreflecting as to employ them.

Even now there are indications of a disposition less favourable to the existing settlement of property than prudent repealers would, in their cooler hours, acknowledge. The publication of such a work as Mr. O'Connell's "Ireland and the Irish," at such a time, cannot be regarded as an act hazarded without due deliberation. We have already exposed its indifference to truth in carrying out the enterprise to defame Protestantism and England, and we shall therefore content ourselves now with a single quotation, which may show the light in which the legal settlement of property in this country is to be looked upon by repealers :

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under different auspices. The form of oppression and robbery varied-the substance was still the same. Iniquitous law took place of the bloody sword: the soldier was superseded by the judge; and for the names of booty and plunder, the words forfeiture and confiscation were substituted. The instrument used by the government was the Commission to inquire into defective titles.' The king claimed the estates of the Irish people in three provinces. This commission was instituted to enforce that claim. It was a monstrous tribunal: an attempt was made to bribe juries to find for the crown-that attempt failed. Then the jurors who hesitated to give verdicts against the people were fined, imprisoned, ruined. The judges were not so chary: they were bribed-ay, bribed with four shillings in the pound of the value of all lands recovered from the subjects of the crown before such judges. And so totally lost to all sense of justice or of shame was the perpetrator of this bribery, STRAFFORD, that he actually boasted that he had thus made the chief baron and other judges 'attend to the affair as if it were their own private business.'"-Ireland and the Irish, p. 6.

It does not concern us here to expose the want of truth in this passage (for such exposure we refer the reader to former numbers of the magazine); we cite it to show the tendency of the work, and ask is it likely that titles to landed possession, whose origin and foundation is thus described, will be respected, if a time arrive when the descendants of the "wronged and plundered proprietors" shall have acquired the power to annul them?

The Nation of May 27, publishes the following advice from a correspondent:

"Another correspondent refers to the often-quoted axiom of Fletcher of Saltoun that it mattered little who made the laws, if the patriots made the ballads of a people,' and suggesting that the association should adopt means for circulating bold, patriotic, and animating songs among the peasantry," &c. &c.

The same number of the journal publishes, in a column of "answers to correspondents," a song, from which, after citing the preface which introduces it, we shall copy the second and the concluding stanza :—

"We complained in our last number of the exaggerated spirit of ferocity in many of the songs sent to us every

day, and here is a comical example-[a comical example!] We dare say, however, that the writer was in the best possible humour, over a tumbler of Innishowen and a cigar, when he perpetrated this piece of incendiarism.

"The Saxon and the Dane,

Says the Shan Van Vocht,
The Saxon and the Dane,

Says the Shan Van Vocht,
The Saxon and the Dane
Our immortal hills profane,
May destruction seize the twain,
Says the Shan Van Vocht.

"They came across the wave,

Says the Shan Van Vocht,
They came across the wave,

Says the Shan Van Vocht,
They came across the wave
But to plunder and enslave,
And should find a robber's grave,

Says the Shan Van Vocht."

When "Singing for the Millions" is of this character, such a letter as we alluded to in our last number from

the labourer in Liverpool," "great grandson" of an Irish baron! to his son, a labourer, in Canada, can occasion no surprise. The stage next after that in which existing proprietors are qualified as robbers is that in which rightful claimants begin to prepare their titles. The Liverpool nobleman is not at all too early in his preparations.

Some years since, in 1832, a time when the missionaries of repeal were far from inactive, a translation of the Abbe M'Geoghegan's History of Ireland was published by subscription in Dublin. We offer no remark on the character of the work, or on the profession of the majority of the subscribers; but content ourselves with a single extract. It gives, in the third volume, p. 488, a report of commissioners appointed to take cognizance of properties confiscated at the time of the Revolution in 1688, and the report having referred to a book presented with it as containing the names, &c., of the parties deprived, the author

* We have been permitted to make some extracts from this epistle, which, without changing the style or orthography, we submit to the reader:

.

"People of foreign countries will very naturally ask why it should be so in such a place as I describe. The reason is quite obvious: Ireland was conquered by haughty, tyrannical, and bloated England about one hundred and seventy years ago; from that day to this England has used all her ingenuity, power, and meanness to keep us as slaves. The produce of our labour and soil is abstracted by over and unjust taxation, and by the constant drain of almost the whole rental of Ireland by the absentees who live and squander all in England. Those absentees are the descendants of King William's army, who got the lands of all the real MilesianIrish who fought and stood out to the last for the rights, and nationality, and honour of their country. Your great grandfather was one of the bravest commanders in the battle of Aughrim, of He went from Aughrim to Limerick, where the brave Irish held out for nearly two years against the English forces that was double their number: and there was not a day during that time they did not attempt to force the town, but was always repulsed by the Irish army within with great slaughter. At length their provision was getting short, and they were obliged to offer the English forces terms of peace. The terms were, that King William and his successors should be their monarch, but that they would retain the Catholic religion; and that the gentlemen and noblemen who stood out for their country should not be dispossessed of their propertyes. All was Signed and Sealed and given up with the garrison of Limerick, and that Ireland should always have a parliament of their own, to settle all the affairs of their own nation. Well, before twelve months after the English made out excuses against the Irish against them, and they banished four or five thousand out of the country at once, and a great many more was obliged to fly to France. Your great grandfather was a clever and a knowing fellow, who did not like to leave his country, and they gave him by his giving up his title, which was Baron of . and his estates and castle, which was where the Earl of . . . lives now, whose great grandfather was a private soldier in King William's army-his Perhaps you will say, what is all this old story to me now who is obliged to work hard for my living in a foreign land? but it is every thing to you if there is a repeal of the union. Other good will follow, and Ireland will be the happyest country under the sun; and the fortune of war might put you or some one belonging to you in possession of some of your long-lost rights, and it's only right you should know where in Ireland them rights lay."

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Every effort has been used by us to discover the book in which are contained the names of the proprietors, in order to introduce them here, in favour of their descendants, many of whom are still living, but our efforts to find it have been in vain."

Similar efforts made in England and Ireland have probably been successful. If they have failed, the map of Ortelius Redivivus (a map which caused alarm and suspicion when it appeared in the last century, and which we have heard has been recently reprinted) will well supply the deficiency—not so completely, indeed, as to designate the heirs expectant or apparent, but, with as much accuracy as is really desirable, showing the name or family from which, in each instance, the heir is to be chosen. Uncertainty to this extent rather stimulates than allays expectation, encouraging very many to provide themselves with tickets in the repeal lottery, although its high prizes may light only on the favoured

few.

It is unnecessary, and would prove tedious, to enumerate the many proofs, presumptive and direct, that the settlement of property in Ireland is not regarded with those feelings which indicate acquiescence in the dispositions made by law. One or two testimonies, however, are deserving of notice. Of all the disclaimers on behalf of Roman Catholics of any hope or purpose to resume their lost estates, none were stronger or more direct than those of Mr. O'Connell-yet his language was scarcely less forcible when he condemned the system on which England had acted towards this country. We have already extracted a remarkable passage from the work which he published as a history-we subjoin a passage similar in character, which is found in the Reports of Evidence taken before the Orange Committee of 1835:*

"There is no property in this world which is circumstanced in a manner similar to Irish property. At the time of the union, Lord Clare gave it as his opinion, and as an undoubted historical fact, that the land of all Ireland had

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a loss to this country that she was never treated as a conquered nation. If such had been the case, the rights of private property would have been respected."

Such, according to Mr. O'Connell, is the perilous estate of property in Ireland. Lord Clare, a wise politician, founded upon it an argument for assenting to a legislative union with Great Britain: Mr. O'Connell, whose sagacity is not inferior but whose condition is different, inveighs against it, and contends energetically for repeal. We leave it to the reader to fill up the argument on each side, and to determine what were the considerations which influenced two wise men, looking at the same premises, to arrive at directly opposite conclusions respecting the remedial measures which the anomalous state of this country rendered necessary.

But Mr. O'Connell has not only disavowed for his party any purpose of seeking a resumption of the forfeited estates, but has gone the further length of strengthening the disavowal by argument. His reasoning, which will be found in the Reports of the Lords Committee on Ireland in 1825, and in the Digest of Evidence, vol. i. pp. 416, 417, &c., is to this effect: The titles which Roman Catholics have purchased since the year 1778 are principally to estates which had been forfeited; and it would be difficult to a degree amounting almost to impossibility, to trace out parties who, in the event of a re-assumption, could prove a legitimate title to their ancestral possessions.

"The forfeited estates are of two natures: estates which belonged to the church, when it was a Roman Catholic church and estates which belonged to individuals who were Catholics, and who forfeited. Now, I know that in practice the more recent forfeitures, which would be of course the most exposed to danger of re-assumption, are considered now the best titles to be purchased by Catholics. I know that there is an impossibility at present in tracing out the persons who, if there were a re-assumption, would have what would be considered legitimate title to those forfeited estates, even the most recent, or so great a difficulty as to amount in any one case, in my judgment, to an impossibility; bot

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