Графични страници
PDF файл
ePub

A.D. 1866.1

THE BANDA AND KIRWEE PRIZE-MONEY CASE.

panies suspend payment or not, they are obliged to make fresh calls upon the unpaid portion of the shares. Thus our imaginary investor may find himself, in an extreme case, called upon to furnish £20,000 upon his shares, instead of the £3,000 which he had fondly fancied to be the utmost that would ever be demanded of him. It was in this way that the shareholders of many limited liability companies found themselves, unless persons of large capital, face to face with ruin, because they had unthinkingly entangled themselves in a liability which, limited as it was, yet, when pressed to its full extent, was more than they could sustain.

A variety of minor incidents falling under the year 1866 may here be briefly noticed. The House of Commons gave proof of its unabated loyal attachment to the House of Hanover, by voting to the Princess Helena, on the occasion of the announcement of her intended marriage to Prince Christian of Schleswig-Holstein-SonderburgAugustenburg, an annual allowance of £6,000 a year, and a dowry of £30,000-a donation similar to that which had been granted to the Princess Alice. The marriage took place at Windsor Castle on the 5th July. Another marriage, which excited much popular interest-for the well-known geniality and good-nature of the bride made her a universal favourite-was that of the Princess Mary of Cambridge, at Kew, on the 12th June, to the Prince von Teck. The great Banda and Kirwee prize-money case was argued, and decided in this year. From the magnitude of the booty which was the subject of litigation, and the number and position of the claimants, the pleadings were followed with interest. In the course of the campaign of 1858 in Central India, which stamped out the last remains of the mutiny in that region, General Whitlock had led a British force to Banda, driven out the Nawab, and taken possession of a rich booty in gold and jewels collected there, the value of which was estimated at not less than £800,000. The question to be decided was-to whom did this booty of right belong? Ought it to be awarded to General Whitlock's force exclusively, by which Banda was taken-or were other divisions, even though serving at a distance, entitled to their share, on the ground that it was by their co-operation that the taking of Banda was rendered possible? The family of Lord Clyde, who was Commander-in-Chief in India at the time, also appeared as claimants. On one of the days of hearing, Mr. Bovill advanced a curious precedent, which he had found in the Old Testament, touching the equitable distribution of prize-money. In the Book of Samuel it was narrated that David with a part of his army pursued the Amalekites, and took much spoil; and since some portions of David's army had remained in charge of the baggage, while the remainder pursued the enemy, the question arose whether the pursuers alone should monopolise the booty, or whether they should share it with those that remained behind. King David decided that as his part is that goeth down to the battle, so shall his part be that tarrieth by the stuff; they shall part alike." By parity of reasoning, Mr. Bovill maintained that his clients had borne a necessary part in the scheme of capture through which Banda fell to General Whitlock, and that

66

185

they had, therefore, a right to participate in the spoil. Dr. Lushington delivered judgment in the case on the 30th June. He seems to have admitted the force of Mr. Bovill's scriptural argument in so far that he included under the description of " General Whitlock's forces," to whom he awarded the sum in litigation, "any troops left by General Whitlock on his march, but which at the time of the capture formed a portion of his division, and were still under his command.' Lord Clyde and his staff were also declared entitled to share in the booty captured at Banda and Kirwee; but the claim of Sir Hugh Rose and his army, employed at the time in the important collateral operation of the siege of Jhansi, but who had never effected an actual junction with General Whitlock-and all other claims-were disallowed. The foundering of the London, a large iron steamship, in the Bay of Biscay, in the January of this year, with a loss of two hundred and twenty lives, including Dr. Woolley, the principal of the new Sydney University, and the well-known actor, Gustavus Brooke, was memorable for the calm courage displayed by the captain, Captain Martin, who sent off his chief engineer in the only boat which could be launched, saying that his own duty was to stay by the ship. This boat, with nineteen persons on board, was picked up by a passing vessel. The wonderful procession of meteors, radiating from a point in the north-eastern sky, seen on the night of the 13th November, though not a proper subject for a political and social history, could never be forgotten by any that witnessed it. A deficient harvest deepened the painful impression which the monetary disasters of 1866 had left on the minds of the people. In the critical months of August and September the weather was unusually wet and stormy, and the wheat crop suffered much in consequence. A great deal of corn was housed in bad condition, and no inconsiderable portion wasted or spoiled. The result was a yield considerably below the average, and the prices of grain were consequently much enhanced. The prices of other necessaries were also raised; although this was probably due to a permanent cause, with which the bad harvest had nothing to do-we refer to that gradual rise in the price of all articles of necessary consumption, which the continual influx of gold, in quantities before unknown, into the markets of the world, commencing from the discovery of the gold-fields of California, has slowly but surely effected. These untoward circumstances, combined with a contraction of the demand for labour, arising from commercial failures and discredit, made the winter of 1866-7 a period of considerable suffering to the poor in England.

CHAPTER XIX.

State of Ireland in 1866: Fenian Trials: Lord Wodehouse's Letter: Government introduces a Bill to suspend the Habeas Corpus Act in Ireland; it is rapidly passed into a Law: Numerous Arrests in Dublin: Arrival of Troops: Renewal of the Suspension Act in August; Mr. Maguire protests against it; it becomes Law: No actual Outbreak occurs in Ireland-Fenianism in America: Sweeny and Stephens: Fenian Raid into Canada; Skirmish with the Canadian Militia; Fenians retire: Another Raid from Ver

[ocr errors]
[blocks in formation]

66

latter sentence, on which the prisoner exclaimed, “I will have the same principles afterwards." In Dublin, and still more in Limerick, the populace loudly cheered Fenian prisoners as they were being taken to gaol. A number of strangers continued to arrive in Dublin, many of them betraying by their military bearing that they had seen service in the field, whom the police knew to be in communication with those suspected of Fenianism, but who were careful to commit no overt act which could bring them within the grasp of the law, and, on being questioned,

[graphic][merged small]

in 1865, and how a special commission was appointed, in order to try Fenian prisoners. During January, the Fenian trials were going on in Dublin before Mr. Justice Keogh, and a number of the accused were sentenced to terms of penal servitude, varying from ten to five years. But the terrors of the law, and the grave and solemn tones of ermined justice, reprobating the guilt and folly of the Fenian conspiracy, were contumaciously set at nought by many of the prisoners. Patrick Hayburne, of the "Emmet Guard," in the Fenian brotherhood, a young man, the only support of his mother, on being found guilty, requested the judge to sentence him to a term of penal servitude rather than to two years' imprisonment. Mr. Justice Keogh expressed his pity for the misguided youth, and passed the

said that they were come to Ireland to see their friends. Arms of all kinds were continually being seized; even three pieces of artillery were discovered, just on the point of being dispatched to Drogheda. The attempts to seduce soldiers from their allegiance, in spite of the severity of the special commission against this particular offence were found to increase in frequency. In addition to the former reward of £1,000 offered by the Government for the apprehension of Stephens, a further sum of £1,000 was now offered for such private information as should lead to his capture; but no informer came forward. Al this was generally known before the meeting of Parlia ment; but the despatch of the Lord Lieutenant, dated February 14th, proposing the suspension of the Habeas

[merged small][merged small][merged small][graphic][merged small]

Corpus Act, proved that matters were more serious than
the public had any idea of. Lord Wodehouse wrote:-
"The state of affairs is very serious. The conspi-
rators, undeterred by the punishment of so many of
their leaders, are actively organising an outbreak, with a
view to destroy the Queen's authority. Sir Hugh Rose
details the various plans they have in contemplation, and
he draws no exaggerated picture. There are scattered
over the country a number of agents, who are swearing
in members, and who are prepared to take the command
when the moment arrives. These men are of the most
dangerous class.
They are Irishmen, imbued with
American notions, thoroughly reckless, and possessed of
considerable military experience, acquired in a field of
warfare (the civil war in America) admirably adapted to
train them for conducting an insurrection here. There
are 340 such men known to the police in the provinces,
and those known in Dublin amount to about 160, so that
in round numbers there are 500. Of course, there are
many more who escape notice. This number is being
augmented by fresh men constantly arriving from
America. In Dublin itself there are several hundred
men (perhaps about 300 or 400) who have come over
from England and Scotland, who receive 1s. 6d. a day,
and are waiting for the time of action. Any one may
observe these men loitering about at the corners of
the streets. As to arms, we have found no less than
three regular manufactories of pikes, bullets, and car-
tridges in Dublin. The police believe that several more
exist. Of course, bullets are not made unless there are
rifles to put them in. The disaffection of the population
in some counties, such as Cork, Tipperary, Waterford,
and Dublin, is alarming; and it is day by day spreading
more and more through every part of the country. But the
most dangerous feature of the present movement is the at-
tempt to seduce the troops. Are we to allow these agents
to go on instilling their poison into our armed force, upon
which our security mainly depends?" Lord Wodehouse
concluded his despatch by declaring that he could not be
responsible for the safety of the country, if power was
not forthwith given to the Government to seize the
leaders; on that condition he hoped still to avert serious
mischief.

house's letter, and they were of a nature that the governments of nations, in the legislative no less than in the executive branches, usually find irresistible. Yet it was a saddening thought, that sixty-five years after the Union, and thirty-four years after the first Reform Bill, so little progress had been made in attaching the masses of the Irish people to the constitution under which an Englishman thinks it his happiness to live! Mr. Bright gave impressive utterance to this feeling, when he spoke of the shame and humiliation which he felt at being called on for the second time, in a parliamentary career of twenty-two years (the first occasion was at the time of Smith O'Brien's rising in 1848), to suspend the Habeas Corpus Act in Ireland. He asserted that Ireland was in a state of chronic agitation, and that the numerical majority of the Irish people were in favour of a complete separation. Although this was not the occasion for entering upon the general question of the state of Ireland, and the nature of the remedial measures that were required, he could not but express his conviction that the institutions under which Irishmen were required to live were not such as could command their affection or call forth their loyalty; yet he believed there was a mode of making Ireland loyal, and he threw the responsibility of discovering it on the Government and on the Imperial Parliament.

Mr. Roebuck, alluding to the asserted fact that the Catholic clergy in Ireland were opposed to the Fenianswho on their side scouted the notion of submission to priestly authority, and endeavoured to undermine the influence of the clergy over the people—said that nevertheless he attributed much of the present discontent to the Roman Catholic priesthood, who for years had taught the people to hate English rule, but who, now that they found themselves threatened by this conspiracy, had become wondrous loyal. He went on to ridicule the sen timent of nationality, on the ground that every great empire in the world's history had been made up of different nationalities. Mr. Roebuck's study of history had failed -his opponents asserted-to show him, that men will not sacrifice the nationality of race to the nationality of citizenship, unless the sacrifice is made worth their while. Justice-equality-sympathy-where these are, it is not On the receipt of this letter, Sir George Grey, then so very difficult to weld populations differing in race aud Home Secretary, immediately requested Lord Russell to language into one common nationality. The German insummon a meeting of the Cabinet, and when it was con- habitants of Alsace are thoroughly French in feeling-as vened, laid Lord Wodehouse's letter before them, and Germany knows to her cost-because, at any rate since urged that his application with regard to the suspension the Revolution, no Frenchman ever dreamed of talking of the Habeas Corpus Act should be acceded to. The to them about their being under "French rule;" being Cabinet unanimously agreed that there was no choice but an integral portion of the French people, they were no to accede to the application, and it was determined that a more under the rule of the rest of their countrymen, Did Mr. Roebill for the purpose should be introduced into the House than the Normans or the Bretons were. of Commons on the next day (Saturday, February 16), buck ever realise to himself what would be the feelings and carried through all its stages, so as to receive the of an Englishman, if he were conscious of living under a royal assent, and become law on the same day, and be rule other than English? Yet he expected the people of carried into execution by the Irish Government not later Ireland to love" English rule," and thought they would than Monday. This was accordingly done. At twelve have come to do so, but for the priests! Leave was o'clock next day, Sir George Grey brought in a Bill to given to introduce the bill by a majority of 364 to 6 suspend for six months the Habeas Corpus Act.in Ireland. votes; it passed through all its stages without further His arguments were chiefly derived from Lord Wode-discussion, and was then sent up to the Lords, who dis

A.D. 1866.]

ARRESTS OF FENIANS THROUGHOUT IRELAND.

posed of it with equal celerity. But the royal assent had to be given, before the measure could become law; and the Queen was at this time at Osborne. As soon as the bill had passed the Lords, a telegram announcing the result was sent to Earl Granville, who was in attendance on her Majesty at Osborne, and who thereupon solicited and obtained the Queen's signature to the usual formal document, authorising her assent to be given to the bill by Commission. The sittings of both Houses were suspended till 11 p.m., by which time it was calculated that the special train conveying the document might have arrived. But midnight came, and still the messenger did not appear; at half-past twelve, however, the despatch box, bearing the important document, was brought to the Lord Chancellor. Some time elapsed before it was properly filled up, and then the clerk entered, carrying the Royal Commission. The House of Commons was sent for to hear the royal assent given to the bill in question, and soon the Speaker, accompanied by about fifty members, appeared at the bar of the House. The Commissioners then stated that it was Her Majesty's will and pleasure to give her assent to the bill, and it became law. This was about twenty minutes to one on the Sunday morning. Probably no statute was ever passed with so much celerity as this, the first Act of the new Parliament.

But rapid as were the operations of the legislature, the Dublin executive considered the state of affairs so critical as to justify it in anticipating the passing of the law. On Saturday morning, February 17, the arrests of suspected persons commenced, and were continued through the day, nearly 250 persons being in custody at nightfall. No resistance was in any case offered to the police, nor were any captures of arms effected on this day. Thirty-seven American citizens, of Irish extraction, most, if not all, of whom had served in the civil war, were among the persons arrested. The suddenness of the blow appears to have utterly disconcerted the conspirators. The suspicious-looking strangers, who had for weeks past haunted the streets of Dublin, disappeared; the steamers to Liverpool were crowded with passengers; and for several days the steamboats sailing for America took away numbers of bellicose gentlemen, who found that the Irish revolution was not to come off just yet. The authorities, however, neglected no necessary precaution; the vans conveying prisoners to Kilmainham or Richmond were guarded by troops; all the soldiers of the garrison not on duty were confined to their quarters all night, ready to turn out at a moment's notice; and no strangers were admitted within the gates of the Pigeon-house Fort, which guards the mouth of the Liffey, on any pretence. The most important arrest was believed to be that of Patrick J. M'Donnell, said to have been at the head of the movement since the escape of Stephens. In the provinces some noteworthy incidents occurred. On the same night on which the arrests were effected in Dublin, a body of Fenians were practising drill at a place called Cullen in the county Tipperary; a patrol of police came up and endeavoured to disperse them; the Fenians then fired upon and wounded some of the police, one man mortally.

189

At Trim, in the county Meath, several arrests were made, among them that of Mr. Malone, one of the wealthiest and most respectable merchants in the town; other persons moving in a respectable position were also captured. At Queenstown, about a month later, two of the Town Commissioners were arrested. These instances showed that the passage in the Queen's speech at the opening of the session, speaking of the Fenian movement as a conspiracy adverse alike to authority, property, and religion, and disapproved and condemned alike by all who are interested in their maintenance," was unfortunately not quite exact.

66

In making a great display of force at the outset, the Irish executive was probably pursuing the wisest and also the most humane course. Troops kept pouring into Dublin; the 1st Battalion of the Coldstream Guards and the 85th Regiment arrived there before the end of February, and were followed by the 6th Dragoon Guards and a body of artillerymen, as well as a detachment of the Military Train corps from Woolwich. The most stringent measures were taken for stamping out any signs of disaffection that might manifest themselves among the troops; nor was this severity without cause, for not privates only, but several non-commissioned officers, were found to have either taken the Fenian oath, or uttered treasonable language, or been seen habitually in the company of notorious Fenians. Through the greater part of March frequent arrests continued to be made; and by that time the ranks of the disaffected were so depleted and discouraged, partly by the arrest of the leaders, partly by the rush to America and England of those who knew themselves to be most compromised among their followers, that all fear of an outbreak was at an end.

The Act for the suspension of the Habeas Corpus was originally passed for six months only, and would have expired on the 1st of September; but as the new Ministry felt that to allow it to expire would endanger the public peace, they sought and obtained from Parliament at the beginning of August the enactment of a bill renewing the former Act for an indefinite period. Lord Naas, the Chief Secretary for Ireland, stated that from the suspension of the Habeas Corpus Act up to the 23rd of July, 419 persons who had been imprisoned had been discharged, generally on condition that they should leave the country. From every authority he learned that it would be dangerous to permit the sudden and simultaneous liberation of the 320 prisoners who remained in custody; yet such liberation was unavoidable if the Act were allowed to expire. He spoke of the fact that, although suppressed in Ireland, at any rate as to any public manifestations, the Fenian conspiracy still existed in force in another country; that there were still in Ireland newspapers advocating the Fenian cause, which disseminated seditious and treasonable sentiments through the country; and that secret, drillings of the popula tion had been lately renewed. Mr. Maguire protested against the renewal of the Act, on the ground that there was no disorder now in Ireland which the ordinary powers of the law were not adequate to deal with. On

« ПредишнаНапред »