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If we do this, we must do more, not only the civil rights of property, We must also make statutes of labour. but the nature of all crimes from trer ers: for these, persecutions will thin son to trespass.” the artizans here as the great plague When such arguments are used to did formerly in Britain. Like birds induce a conviction of a great portioa of passage, no longer warmed by a of the American citizens, it is the duty genial sun, the instinct of their nature of their advocate to speak out honesto will warn them to depart. Unless re. ly. At the time the com non law had strained by bolts or penalties, they will its origin, no part of which time could frock together, even on the house tops, be since the beginning of the reign of and take their fight no man knows Richard I. called in law time of memowhere ; not like the summer swallows ry, and that is about six or seven hun. for a season, and to return again ; but dred years ago, no property existed unlike the vital breath, which, when it der any of the modifications which now quits its earthly residence, leaves it for regulate it. There was no commerce, ever to decay and moulder, and returns few arts, and little circulation ; so that no more.
if we were to look into “ that volume" The avarice of the Patricians drove alone, we should not find a rule to the people of Rome to the monssacer. square with any transaction of our lives. Who is the people-hating Appius If, therefore, it be like divine Provi. Claudius that would do so here? And dence, divine Providence has long abanif it be done, which of these sleek and doned us. And were we now to adopt pampered masters will it be, Mr. Cor. the usages of those times, we should win, or Mr. Minard, that will take be like masqueraders upon the present upon him the office of Agrippa, to ca. stage of society. Touching shoe jole them with a parable, how he is all makers certainly we should find no laws, belly, and they all members ; how his for lord and lady, knight and esquire, vocation is to eat and repose, theirs to all went barefooted; and, possibly, work and starve.
whoever lived in the days of the Druids, Let not these allusions be thought might have counted the ten toes of her foreign to the point. It is by taking majesty the queen. Therefore, if we Jarger views of things that we master can find no usages touching the matter the little fidgeting spirit of circum. nearer at hand, it is useless to look for stance. Such considerations are anti. them so far. dotes to those occasional spasmodic in the old volumes of the cominoa affections in the law, which it is im- law we find knight, service, value, and portant to cure in their insipiency, lest forfeiture of marriage, and ravishments they turn, as in Great Britain, to a of wards ; aids to marry lords' daughchronic malady.
ters, and make lords' sons knights. The eulogium of the learned judge We find primer seisins, escuage, and upon the common law is, to my judg. monstrans of right; we find feeds and ment, something exaggerated, wben subinfeudations, linking the whole comhe likens it to the divine system of munity together in one graduated chaia Providence. “ It is in the volume of of servile dependance; we find all the the common law,” he saya, “ that we strange doctrine of tenures, down to are to seek for the far greater number, abject state of villenage, and even that as well as the most important, of the abject condition treated as a franchis. cases that come before our tribunals. We find estates held by the blowiog of That valuable code has ascertained and a horn. In short, we find a jumble of distinguished with critical precision, rude indigested usages and maxims of and with a consistency that no fluctu.. successive hordes of semi-savages, who, aving political body could or can attain, from time to time, invaded and pros
trated trated each other. The first of whom Thus was this divine system deliwere pagans, and knew nothing of di. vered down by the Druids, who, after vine law; and the last of whom came possessing all the learning of the wes. upon the English soil towards the de- tern parts, were sent to perfect their cay of the Roman empire, when long studies in Mona, and there became so tyranny, and cruel ravages, had de- learned that they could neither read stroyed every vestige of ancient science, nor write! when the pandects which shed the truest A fter touching upon other of their light that ever shone upon the English wise practices, such as burning their code, lay still buried in the earth. women for petty treason, our author
It is of this divine law that Lord continues : « The great variety of nae · Coke gravely and very quaintly says, tions that successively broke in upon " the common law was that which was and destroyed both the British inha. in England before any statute was bitants and constitution, the Romans, enacted. It is grounded upon the ge- the Picts, and after them the various neral customs of the realm ; it includes clans of Saxons and Danes, must nein it the law of God, and the princi- cessarily have caused great confusion ples and maxims of the law. It is and uncertainty in the laws and antifounded upon reason, is the perfection quities of the kingdom, as they were of reason, acquired by long study and very soon blended and incorporated toexperience, and refined by learned men gether; and, therefore, mutually com. in all ages.” It must be confessed, my municated to each other their respective Lord Coke did not tie himself down usages, so that it is impossible to trace, by too precise a definition. Such with any degree of accuracy, when the phrases are sooner made than compre several mutations of the common law hended, in which the teacher has the were made, or what was the original advantage of the learner. Blackstone of those several customs we at present says, “ with regard to the aborigenes use, by any chemical resolution of them of our island, the Britons, we have so to their first and component principles. little handed down to us with certainty, We can seldom pronounce that this that our inquiries muts be fruitless and custom was derived from the Britons ; defective. However, from Cæsar's that was left behind by the Romans ; account of the ancient Druids in Gaul, this was a necessary precaution against in whom centered all the wisdom of the the Picts; that was introduced by the western parts, and who were sent over Saxons, discontinued by the Danes, to Britain (that is, to the island of but afterwards restored by the NorMona or Anglesea) to be instructed, mans. we may collet a few points which bear “A further reason may be also given a great affinity to some of the modern for the variety and of course the uncer. doctrines of our English law; parti. tain original of our ancient established cularly the very notion itself of an oral, customs, even after the Saxon governunwritten law, delivered down from ment was firmly established in this age to age by custom and tradition island, viz. the subdivision of the kinge merely seems derived from the practice dom into a heptarchy, consisting of of the Druids, who never committed seven independent kingdoms, peopled any of their instructions to writing, and governed by different clans and copossibly for want of letters. Since it lonies. This must necessarily create is remarkable, that is all the antiquities, an infinite variety of laws, through all unquestionably British, which the in- the colonies of Jutes, Angles, Saxons, dustry of the moderns has discovered, and the like, originally sprang from there is not, in any of them, the least the same mother country, the great trace of any character or letter to be corthern hive which poured forth its found.”
warlike progeny, and swarmed over ONGUE HONWEE then say I, and Europe in the 6ili and 7th century.” away with your old barons, kings,
Now here is from the pen of the most monks, and druids, your Michell-Sye passionate and eloquent eulogist, who noth, and your Witena-Gemot. If had a professor's chair and a salary for we look to antiquity the red men have praising the com nón law, on account it. If we regard duration, they have of the true ancestry of this divine sys. ii still more ; for the Picts and the Bri. tém. All I can say of it is this, that toas have long ceased to dye themselves the sime panegyric will apply totidem sky-Blue. The Indian paints' him.' verbis to the institutions of our red self for war even to this day. The brethrent, the Iroquois. The league., oge scalps the enemies of his tribe; of the five nations is similar to that of the others burned their own women. the heptarchy. Blackstone here tells The Saxons conyeyed their lands by us that the Saxon heptarchy was como sod and twig; the. Tuskaroras by the posed of Jutes, Saxons, Angie-Saxons, more elegant symbols of beaver and a and the like ; all sprung from the great belt. northern hive, that poured forth its warlikë progeny... The historian of the tive nations'tells us, that they con
The discomfiture of the sisted of so many tiibcs, or nations joined together by a league or confe. ANTI-CATHOLIC F'ACTION. déracy, like the united provinces, and in without any superiority' the one over It is with great pleasure we have to the other. This union, he adds, has announce the disappointment which cóntiuued so long that the Christians has been felt by the desperate and conkhow nothing of the original of it: temptible faction which has been for the people in it are known by the Eng- years at work, to counteract the ese lish under the names of Mohawks, Onei. ertions of the true friends of Ireland, das, Onondagoes, Cayugas and Sene. in their endeavours to emancipate their kas. Here, then, is an ancestry fairly brethren from the disgraceful code of worth that of the great northern hive. Penal Laws which dishonour our StaThe one had their Michell Synoth or tute Book. So soon as the death of Witcna-Gemot; the other their sa. Mr. Perceval was announced, Jack chems and counsels, of whom the his. Keogh summoned a Council, in order lorian thus speaks :
to devise the best method to distract " Their great men, both sachems the proceedings of the Catholic Board; and captains, are generally poorer than the members present, we are informed, the people, for they affect to give away were Lord Cheltenham, of the Little and distribute all the presents or plun. Dargle, William Murphy, Esq. the der they get in their treaties or war, so Salesmaster, Sylvester Costigan, Esq. as to leave nothing 10 themselves. Doctor Brevnán, M. D. James B. There is not a man in the ministry of Clinch, Esq. Francis Huddlestone, the five nations who has gained his Esq. the Rev. Dr. Hamiil, Rev. Mr. office otherwise than by inerit ; there Byrne, (Confessor to old Jack) and is not the least salary or any sort of Mr. Shepherd, who distinguished himprofit annexed to any office to teinpa self so highly on the trials of Doctor ihe covetous or sordid. Here we see Sheridan and Mr. Kitwan. The the natural origin of all power and « venerable old gentleman addressed authority amongst a free people. his friends in his usual concise manner;
“ The five nations think themselves, he detailed very shortly the various by nature, superior to the rest of man occasions since he had the good fortune kind, and call themuelves Ongue hon to have bad an interview of a very de. licæle nature, with that distinguished the audacity to tell his Lordship he and upright Statesman, Lord Mel. was a scoundrel, (a term his Lordship ville, wherein he exerted himself as a said was not tasteful or delicate,) and prudent Catholic, and a faithful keep afterwards was not deterred from his er of his promises should have done, menaces by the assurance that his Lord. to perpetuate the sufferings of his Ca- ship would complain to Judge Downes. tholic brethren for the good of their His Lordship concluded by begging his future salvation ; but on no occasion eloquent friends who were to s.cceed did he ever dread so immediate a death. him in the debate, would bear in mind blow to his labours, as at the present the late Address, written by Mr. Law, crisis-he concluded by observing, that less, and hoping they would endeavour he 'was entirely inadequate to suggest to have them rescinded by the Board. any plan for their further adoption, but Mr. Billy Murphy next arose, and adhad no doubt, from the splendid talents dressed his noble friend, that he had and moral worth of his friends around not as yet forgotten his Lordship's him,' some proper means would be de. amiable qualities, which he had wit, vised to punish the impatient leaders nessed so frequently at Liverpool, when of the Board. Lord C. immediately his venerable friend Jack and himself, arose, and with his accustoined elo. were out of harm's way in the year quence complimented his worthy and 1798 ; that he was determined to op. honest friend Jack, for the exertions pose the forwarding of Mr. Lawless's he had made for the period alluded'to, Address to Lord" Donoghmoçe and and that no one was a more universal Mr. 'Grattan, as they were neither admirer of his efforts than his Lord. written classically or grammatically. ship was, 'which he had borne testi- Mr.' Costigan, in great warmth , con mony to 'upon various occasions ; and curred in the observations of his learn. at one time, in particular, he trusted ed friend Billy, and assured Lord he had with true taste and delicacy Cheltenham that he would so expose commemorated his honourable friend's the unlearned fabrication of Lawless's private and public viriues. He de. Addresses, that the Board would be clared he would always continue to be ashamed to adopt them.' Doctor H2. as he always had been, the warm and mill very gravely, and with his usual sincere supporter of his friend Jack. comely coutenance, assured the veneHe conjured the meeting of all things rable old gentleman that he and his to turn their thoughts to the suppręs. learned friend Mr. Clinch, were then sion of a Member of the Board, of the engaged in the compilation of a Polename of Lawless. His Lordship as. mical work, which he had no doubt sured them he had found every means would rouse the fears and alarms of all which he had used for that purpose, good Protestants; and if the other totally insufficient but one, and that Members of the Council would but had it appeared but a temporary effect, do their duty until it should appear, he by the most solemn promises of mer: had no doubt emancipation would be cantile engagement, his Lordship suc- rendered hopeless. Captain Huddle. ceeded in procuring the confidence of stone, considering himself niost partihis family, and then at the moment cularly called upon by the speech of when expectation was raised to the the learned Doctor, assured the meethighest, his Lordship said, he had the ing he was ready to swear what would most lúcious gratification in destroying be useful to the party. The Wrestling their hopes and blasting their future Doctor, most indignantly started up, prospects. His Lordship acknown and accused the gallant Captain with a ledged that he bore personal hostility disposition to monopolize the Swearing against this Gentleman, because he had Trade, and appealed to his asseinbled
friends if he was not as entitled as the functions require; which was observ. Captain to appear on the table of a et by the Rector, as soon as our Court of Justice. Lord Cheltenham neighbour entered the vestry, who immediately got up, in order to recon. spoke very handsomely of the sin of cile his friends, and assured them, that appearing half drunk to assist at divine if they should not have a sufficiency of service. However, as there was no swearing against the Catholics, he person to officiate in his place, the would have employment enough for Clerk was ordered to his post, and af. them against his brothers and relations. ter fumbling out a few Amens, fell in This promise reconciled the informing a good sound sleep. As soon as his Members, “ but the venerable Gentle. Master discovered the condition of his man,” wishing to retire, stood up, Clerk, which could not be avoided, as and shortly said, that he now thought the snoring he made might have chal. the case hopeless, but recommended an lenged the church bell ior distinctness, endeavour to rescind the Addresses to an attempt was made to awaken him, Lord Donoughmore and Mr. Grat. but it was not done, until the sleeper: tan, as the offer would be sure to bring who was dreaming not of his duty, disgrace upon the Board ; that he but of the cards, called out “ What's would take the liberty to suinn on Trumps ?” You may easily form some them so soon as he would receive a picture to yourself of the confusion of communication from his friends, and the Clergyman at the indecency of his the enemies of the Catholics who were deputy, particularly when you under. in the secret in London. The Meet. stand that the drunken gentleman had ing broke up with the determination been so great a favourite with the in. of obeying the orders of their Mas. cumbent for his loyalty, (Mountrat: ter, but they all considered it would layalty,) that he frequently discharged be wise to put some good natured him for similar improprieties, and as blockhead in the foreground of their frequently restored him.. proceedings, in order to accomplish their object. We shall give the parti. culars of their future proceedings.
Athy, 26th of May. Mr. Cox. A very ridiculous circumstance took place in a Church in the neighbour. hood of Ballylinan, near this town, on Sunday last. The Parish Clerk, who it since appcared, had spent the entire of the preceding night at cards, an amusement to which his spare hours from divine a fairs are usually devoted, and as every Irishman would do in sie milar cases, he took a very copious share of our national liquid, which so fuddled him, that he was not able to restore himself to the necessary equilibrium which the dignity of the clerical
On Thursday, the 28th of May, two young and fashionable Ladies of the name of Carroll, were tried bla the Recorder and convicted of robbing several shops in this city, and was seatenced to one year's imprisonment; at the same time a wretched, ragged fe. male was convicted of stealing a shaw), value two shillings, and receiv. ed sentence to be transported for serea years. We hope, with Lord Mele ville, that such salutary example will hereafter deter the poor from acts of dishonesty.