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although, indeed, Roman Catholic one, and only one name in it which we tenants have no more reason to com- would alter. We have some reason plain of the tithe than of the rent to believe that the incident which which, in some instances, they pay to stamped so indelible an impression a clerical proprietor-yet, neverthe- on young Phelan's memory, occurred less, there is an especial reason why on the banks, not of the Suir, but the this impost shall be looked upon with Blackwater. Of this, however, we are feelings of discontent and rancour :- certain: the most striking features in it is a badge of conquest and slavery- the landscape over which the friar the feelings of indignation it awakens commanded the youth to gaze, were are generous and honorable.

beauties on the estates which now

acknowledge the Villiers Stuarts for - Iræque leonum,

their masters. We remembered the Vincla recusantum."

anecdote when we read the notable Thus reasons that senator of spotless

argument from a scion of this intruded honor, Mr. More O'Ferrall—who has

family. We remembered, too, that,

although the prospect by which the sworn the Roman Catholic oath-thus

descendant of a Prince of the Deasies reasons Mr. Villiers Stuart, a gentle

was fired, had, among its embellishman of English descent located on the Irish soil. Upon the propriety of such

ments, the steeples or spires of one

or two village churches, and although an argument, issuing from the lips of

more than one modest parsonage was the former gentleman, we feel that comment from us would be misplaced;

visible, the ecclesiastical incendiary

never condescended to notice them. for gentlemen who agree in sentiment

No-the endowment of the Established or opinion with the Protestant moralist

Church is only an incident in the spoand reformer, we shall relate an anecdote in the words of a revered autho

liation by which Roman Catholics feel rity, the late Bishop Jebb:

aggrieved. So long as they declare

themselves contented with forfei“ The writer cannot help recording a

tures which have given the soil of curious fact, which he heard several

all Ireland to the Saxon, it would be years ago from Dr. Phelan's own lips.

worse than absurd in them to affect His words were nearly as follows:- impatience at the very moderate re• When I was a very little boy, I was serve made for the maintenance of the invited to attend a funeral. The house Saxon Church. in which the people were assembled was While we thus endeavour to prove within a short distance of Clonmel, on that the church establishment is not the banks of the river Suir, and com.

what its enemies term the monster manding an extensive prospect into the county of Waterford. A friar, who hap.

grievance of Ireland, that it is, at pened to be present, drew me apart from

worst, but a natural consequence, or the company, (I was then à Roman an integral part of a more comprehenCatholic); he led me to a bay-window,

sive settlement of property, we are took me by the hand, and said, “Look by no means blind or indifferent to there around you, my boy; those moun- the dangers and discontents to which tains, these valleys, as far as you can see, the whole settlement of property in were once the territory of your ancestors ; Ireland has been made to furnish oc. but they were unjustly despoiled of it.' casion. Lord John Russell, we beI never can forget the impression. My

lieve, has pronounced the case of our young blood boiled in my veins. For

church temporalities anomalous; we the time I was in spirit a rebel; and I verily believe, if it had not been the

merely would expand his observagood pleasure of Providence to lead me

tion into a truth. There is nothing into other circumstances, and furnish now existing in any country, civilized me with better instructors, I might have or barbarous, which furnishes a paterminated my life on a scaffold. rallel for the case of proprietorship

in Ireland. The whole island has This is an interesting and an in- been confiscated, repeatedly confis. structive anecdote. We give it in cated, and good care has been taken the words of Dr. Phelan's honored that the descendants of the ancient biographer ; observing, that there is proprietors shall retain a stimulating re

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

membrance of their ancestors' wrongs of the great mass of the people. and losses.

Neither have the efforts to produce This is the peculiarity or the ano- this effect been made clandestinely. maly most to be observed and dreaded It is said, indeed, that the ceremony in the social state of Ireland. A people of taking possession is secretly obwhose love and pride of ancestry is served by the successor on the demise eminently strong and constant, living of each claimant of a forfeited estate, amidst continually renewed remem- and some act performed to intimate brances of their fallen greatness—the that the claim is not abandoned. But, descendants of their ancient chieftains independently of these occult asserin wretchedness or beggary, and stran- tions of imperfect right, there are gers bearing rule over their rightful frequent acts of a more public nature inheritance. The effect of represen.

which give notice to the de facto postations to this effect artfully adapted sessors that their rights are challenged. to the character and circumstances of It is well known to those who read an imaginative and an impoverished Irish history, that in the brief reign people can scarcely be exaggerated.

of James II. the enactments to deprive Of the spirit in which they are framed English settlers of their possessions the following passage from the “ Me- were preceded by publications im. moirs of Captain Rock” may be taken pugning the acts of settlement and as a fair specimen :

explanation, and insisting on the rights

of the dispossessed ancient proprietors. “In fact, most of the outlawries in

These latter vaunted their expectation Ireland were for treason committed the

that a Roman Catholic monarch would very day on which the Prince and Princess of Orange accepted the crown

restore them to what they claimed as in the banquetting-house; though the

their rights ; and, while arguments news of this event could not possibly

were put forth through the press in have reached the other side of the channel

their behalf as well as on the part of on the same day, and the lord lieutenant the actual occupants, a sense of inof King James, with an army to enforce security and alarm was generally difobedience, was at that time in actual fused throughout the recognised propossession of the government. So little prietary. Now, however neglected was common sense consulted, or the mere

the history of Ireland may be by Prodecency of forms observed by that rapa

testants and those who constitute what cious spirit which nothing less than the

has been termed the English party, confiscation of the whole island could satisfy; and which, having, in the reign

their competitors are not equally reof James I. and at the Restoration, gardless. They know, therefore, by despoiled the natives of no less than ten historical experience, the tendency and millions six hundred and thirty-six thou. probable effect of declamation against sand eight hundred and thirty-seven the recognised and legal settlement of acres, now added to its plunder one

property, and are, accordingly, the less million sixty thousand seven hundred

likely to have recourse to it heedlessly. and ninety-two acres more, being the Those who desire to see how this amount altogether (according to Lord Clare's calculation) of the whole super

powerful lever has been applied and ficial contents of the island.

used to the awakening fear in one “ Thus not only had all Ireland suf- class and eager expectancy in another, fered confiscation in the course of this may be sufficiently instructed by readcentury, but no inconsiderable portion ing a single chapter of the Repealer's of it had been twice and even thrice Manual, and looking over the proconfiscated. Well might Lord Clare ceedings at the usual repeal demonsay, 'that the situation of the Irish

strations as reported in the newspapers nation, at the Revolution, stands un

of the party. It needs but little acumen paralleled in the history of the inhabited

to discern the hope and purpose of world.'"-Memoirs of Captain Rock,

extensive confiscation, virtual or enbook i. cap. 12.

forced by law, in the professions of This is not the place for entering even the less demonstrative repealers. into a discussion upon the equity or We say virtual confiscation, because lawfulness of the Irish forfeitures and we think it probable that were the confiscations. Our business is only to repeal scheme successful, the great remind the reader that a persuasion majority of Anglo-Irish proprietors of their injustice has been industriously would be induced to surrender their and incessantly wrought into the minds rights by processes more expeditious

VOL. XXII.- No. 129.

2 B

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 à 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 :

“The reign of Charles the First began

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, im. prisoned, 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 judgés ' 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 plun. dered proprietors" shall have acquired the power to annul them?

The Nation of May 27, publishes the following advice from a corres. pondent:

“ Another correspondent refers to the often-quoted axiom of Fletcher of Sal. toun— 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 cir. culating 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.

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 pro. fession 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

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

* 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,


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 pame was

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 lav.


appends to the reference the following been forfeited three times over. It was note:

a loss to this country that she was never

treated as a conquered nation. If such “ Every effort has been used by us to had been the case, the rights of private discover the book in which are contained property would have been respected.” the names of the proprietors, in order to introduce thein here, in farour of their Such, according to Mr. O'Connell, descendants, many of whom are still living, is the perilous estate of property in but our efforts to find it have been in Ireland. Lord Clare, a wise politi. vain.”

cian, founded upon it an argument for Similar efforts made in England and

assenting to a legislative union with

Great Britain : Mr. O'Connell, whose Ireland have probably been successful. If they have failed, the map of Orte

sagacity is not inferior but whose conlius Redivivus (a map which caused

dition is different, inveighs against it, alarm and suspicion when it appeared and contends energetically for repeal. in the last century, and which we have

We leave it to the reader to fill up the heard has been recently reprinted) will argument on each side, and to deter

mine what were the considerations well supply the deficiency-not so com. pletely, indeed, as to designate the

which influenced two wise men, looking heirs expectant or apparent, but, with

at the same premises, to arrive at dias much accuracy as is really desi- rectly opposite conclusions respecting rable, showing the name or family

the remedial measures which the ano. from which, in each instance, the heir

malous state of this country rendered is to be chosen. Uncertainty to this

necessary; extent rather stimulates than allays

But Mr. O'Connell has not only expectation, encouraging very many

disavowed for his party any purpose of to provide themselves with tickets in

seeking a resumption of the forfeited the repeal lottery, although its high

estates, but has gone the further length prizes may light only on the favoured

of strengthening the disavowal by ar. few.


His reasoning, which will It is unnecessary, and would prove

be found in the Reports of the Lords tedious, to enumerate the many proofs,

Committee on Ireland in 1825, and

in the Digest of Evidence, vol. i. presumptive and direct, that the settlement of property in Ireland is not

pp. 416, 417, &c., is to this effect:

The titles which Roman Catholics regarded with those feelings which in. dicate acquiescence in the dispositions

have purchased since the year 1778 made by law. One or two testimo

are principally to estates which had nies, however, are deserving of notice.

been forfeited; and it would be difficult Of all the disclaimers on behalf of

to a degree amounting almost to imRoman Catholics of any hope or pur

possibility, to trace out parties who, pose to resume their lost estates, none

in the event of a re-assumption, could were stronger or more direct than

prove a legitimate title to their ances. those of Mr. O'Connellyet his lan

tral possessions. guage was scarcely less forcible when " The forfeited estates are of two nahe condemned the system on which tures : estates which belonged to the England had acted towards this coun- church, when it was a Roman Catholic try.

We have already extracted a church : and estates which belonged to remarkable passage from the work individuals who were Catholics, and who which he published as a history-we

forfeited. Now, I know that in practice subjoin a passage similar in character,

the more recent forfeitures, wbich would which is found in the Reports of Evi.

be of course the most exposed to danger dence taken before the Orange Com.

of re-assumption, are considered now

the best titles to be purchased by Camittee of 1835:*

tholics. I know that there is an impos.

sibility at present in tracing out the There is no property in this world persons who, if there were a re-assumpwhich is circumstanced in a manner tion, would have what would be consi. similar to Irish property. At the time dered legitimate title to those forfeited of the union, Lord Clare gave it as his estates, even the most recent, or so great opinion, and as an undoulied historical a difficulty as to amount in any one case, fact, that the land of all Ireland had in my judgment, to an impossibility; but

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