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himself, body and soul, to the disposal of another. He is almost as passive as the sword with which he fights. He is the wretched instrument of that bloody ambition which desolates the earth. He is bought and sold like the beast of the field. As a blood-hound, he is let loose upon the peaceable and industrious inhabitants of the plains, to ravage and destroy. What are the standing armies of the fairest and most civilized portion of the earth of Europe-the seat of a mild and benevolent religion, of science, and the arts? What are they, but dreadful diseases in the body politic, growing out of the ignorance and untoward circumstances of past times, which princes knew too well how to convert to the aggrandisement of their power, and the gratificatien of their lusts? What are they, but enormous and expensive machines of destruction, moved and directed by all the malignant, and all the petty passions of the human heart-by the pride, the revenge, the ambition of kings, and of ministers-by the jealousies and intrigues of panders, and of whores? What are they, but destroying hurricanes, which sweep away, at once, the fruits and cultivators of the soil-the products, and the means of industrythe monuments of literature and the arts-the works of ages--in the tempest of an hour."

We have some reluctance in speaking of the last of Mr. Holmes's pamphlets, but it is too remarkable a production to be passed over altogether in silence. The same doctrine, of an appeal to arms, which we have alluded to, in discussing the former, is reiterated with considerable emphasis in this. A powerful, and, we fear, a true picture, is also drawn of the sufferings which have been inflicted upon Ireland by the seltish policy of the sister country. We are informed, that, it is the deliberate opinion of one, who, beyond all question, is the ablest constitutional lawyer at present at the bar, that the Act of Union, being passed by men who had power to make laws only for the internal government of the country, but who had no authority to alter, or destroy its constitution-our right is undoubted to have that act repealed. He demonstrates that all the grievances, sufferings, and misfortunes of this country, have been caused by a legislative enactment, which is not finally binding upon it, he then proceeds to consider how a repeal of that enactment is to be effected-clearly, he says, by force, if we are in a condition to use it; but, because we are not in that condition, the attempt would be wicked." So, here, after a masterly exposition-after a commentary on our history—which, if he be approachable by the deductions of reason, and the illustrations of common sense, is enough to unsettle the opinion of the firmest unionist that ever existed. The question is left by Mr. Holmes just as he found it. Great and eternal truths are enunciated in lofty and eloquent language; but when we have turned over the last page of his pamphlet, we are not a whit wiser than when we commenced the first. The only conclusion at which he arrives, is, “that repeal must be carried by moral force;" but, previously, he adds: "I should have mentioned the very impolite behaviour of Mr. Burchell, who, during this discourse, sat with his face turned to the fire, and, at the conclusion of every sentence, would cry out "fudge," an expression which displeased us all, and, in some measure, damped the rising spirit of the conversation." He then goes on, in considering the mode in which the formidable engine of moral force should be used, to add, "that its directors should be men endowed with wisdom, to gain a noble object by terror, rather than by the sword-but, gifted with courage to use the sword, if terror failed; not cold-blooded cowards, who would whet the weapon they were afraid to wield."

But little remains for us now to add with reference to the subject of our memoir. The life of a hardworking, industrious lawyer, as we have already said, does not possess many incidents to interest the public. The passages of Mr. Holmes's career, which we have already laid before our readers, establish, at all events, that he is perhaps an exception to the ordinary rule. There are few whose sympathies will not be enlisted on behalf of one who opposed so bold and so resolute a front to adversity, and who struggled so manfully, and so well, against persecution which would have crushed a man of common mould.

There are on record a host of anecdotes connected with Mr. Holmes, which would not fail to interest and amuse our readers, had we space for their insertion. We must, however, content ourselves with one or two of the most characteristic. A furious attack of a rather libellous nature was, some time since,

made upon the character of this venerable lawyer, by the editor of a Dublin newspaper. The language used was as gross as it was unwarrantable. Mr. Holmes immediately sent a message, demanding an apology or a meeting. The editor replied that he would not apologize, and that being bound over to keep the peace in a penalty of a thousand pounds he could not fight. Mr. Holmes replied that there was no necessity that this should form any impediment, and enclosed him a check for the amount of the penalty. The editor, however, with true philosophy, declined enriching her Majesty's treasury, possibly thinking that the amusement in which Mr. Holmes wished to indulge was rather too expensive for the limited income of an Irish lawyer; and perhaps it is as well for both parties that his prudence got the better of his valour. We should have been deeply grieved, if a paper-bullet of the brain had had the effect of making Mr. Holmes infuse lead into a combination of matter, which is, perhaps, not altogether devoid of some of the attributes of that useful metal. Shooting an editor is, besides being so expensive an amusement, one which is rather too strong an attack upon the liberties of the press, for a gentleman of Mr. Holmes's liberal opinions to indulge in; and if the Pilot had shot him, we should never have had the pleasure of hearing that magnificent oration, which can never be forgotten as long as genius and eloquence have power to sway the minds of men.

The power of sarcastic repartee which Mr. Holmes possesses, is not the least remarkable among the varied powers of his gifted mind. In this contest many have come off second-best. When Mr. Justice Perrin was a member of the circuit, a discussion once arose, after dinner, as to what, in advanced life, constituted the chief causes of human happiness. "I am inclined to think," said Sergeant Perrin, "that the cause which produces most happiness, is providing for one's offspring. I know there is nothing gives me so much pleasure as providing for my family." “Oh,” replied Mr. Holmes, "that is a feeling which we have in common with the very beasts of the field; there is no refinement in that." "I do not believe," said Mr. Perrin, "that there is so much difference between the beasts of the field and us, as most people imagine; we have many feelings in common with them." "Speak for yourself, if you please, Mr. Sergeant," was the caustic reply. One other anecdote, and we have done. Mr. Holmes was once arguing before Lord Chancellor Plunket, in support of a charge which was founded upon two wills. The chancellor wanted to pin him down to one of them, and required him to make his election as to which he would choose. "My lord," said Mr. Holmes, "it was said by a great man, one Lord Bacon, of whom, perhaps, your lordship has heard, that a judge ought to hear first and decide afterwards." What, Mr. Holmes," replied the chancellor— "do you mean to say that I decide causes before I hear them? I only want you to elect upon which of these two wills you will stand." Upon the best of them, of course," replied Mr. Holmes. "But that leaves me in precisely the same difficulty in which I was in before," replied the chancellor. "I wish you to tell me which of these wills is the best." "If your lordship will only change places with me," said Mr. Holmes, "I will soon give you my opinion on that subject."

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We could go on adding to these anecdotes without any fear of exhausting the patience of our readers, did our space admit; but having already exceeded the bounds allotted for this paper, we must conclude. The subject which we have attempted is a difficult one to deal with, and we would gladly have had it confided to some one better qualified to do justice to the character, both moral and intellectual, of this remarkable man. We have, however, executed our task according to the best of our ability. The example which the carcer of Mr. Holmes affords of difficulties subdued, of obstacles surmounted, of undeviating consistency, high integrity, and indomitable fortitude, is one which must make a deep impression upon the minds of men. The virtues of his character are peculiarly his own; its faults have been the result of external causes; and if nature, originally kind and genial, has been warped and wrung by a long series of cruel oppressions and unmerited misfortunes

"Yet his heart

Is generous, noble; noble in its scorn
Of all things low or little; nothing there
Sordid or servile."

Who is there amongst us all that has been tried like him, struggling almost in boyhood against the storms of life, that would have survived the conflict. He is now in ripe old age, and when he leaves this scene, which to him has been a troubled one, we do not think he will leave behind him one man who unites the same mental and moral qualifications, the same singleness of purpose, integrity of heart, and contempt of power, with a just appreciation of the duties of an advocate, and an honest tone of manly independence towards the bench. His age is like a lusty winter, and there are some good years in him yet-may he live to enjoy them, for it will be long before we look upon his like again; and may we, although a jury might find us guilty of an attempt upon his life, have, notwithstanding, repeated opportunities of drinking the health of

"FATHER HOLMES OF THE NORTH-EAST BAR."

THE VOICE OF FRIENDSHIP.

O hush! thou canst not teach me to distrust
The world's bright seeming; other lips than thine

Must teach me earthly beauty is but dust

That we can friendship change, or love resign.

As well the rose might with its scented breath,

And crimson leaves moist with the dew of heaven,
Proclaim its birth-place as a vale of death,

Where the reed boweth, and the oak is riven.

Thou art so lovely in thy flowery youth,

A sadder voice must tell of death to me;

So constant art thou in thy guileless truth,

O! I may learn distrust, but not of thee!

Ah, no; a sweeter duty shall be thine,

When I have learnt earth's coldest, sternest word;
When faith misplaced hath caused me to repine,

And dark forebodings have my spirit stirred.

Then shall the music of thy tones remind me,
Like breath of roses on a wintry day,

That howsoe'er the drifting storm may blind me,
Not all the beautiful hath passed away!

B.

TENANT-RIGHT-REPEAL AND POOR LAWS-DANGERS AND DUTIES OF THE CONSERVATIVE PARTY AND LANDED INTEREST IN IRELAND.

:

It is not long since an expression in one of our pages provoked from a popular journalist an inquiry whether we had joined the Repeal party. The question was one which it was superfluous to propose, as the uniform tenor of our articles had replied to it by anticipation it needs on our part no other reply. There was, indeed, a question more pertinent to the occasion, which our observations might have suggested, and which would have better merited an answer. It might have been demanded of us, do we believe that Repeal of the Legislative Union can be accomplished. We have reasoned, not unfrequently, as if such a consummation were possible: and have advised men interested in this country, to be prepared for it. If asked, were we serious and sincere in this reasoning and counsel, we would forgive the doubt, and would reply by an affirmative.

We believe it not possible only, but probable, that the Union may be repealed; we believe that a time of grievous calamity may follow, and may immediately precede, that dismemberment of the British empire; and we believe, also, that the same exertions, and the same organization of power, which will be most effective in averting the evil against which we struggle, will continue to be serviceable, should the struggle change its character. It is the wisdom of Irish Conservatives to believe, that unless there be combination on their parts, a Repeal of the Union will be effected; and it is their wisdom to believe also, that, by combination, they may render the efforts of Repealers unsuccessful, OR, the consequences of Repeal less fatally disastrous.

The probability of success in the contest for Union or Repeal, must be measured, as any other probability, by the power of the contending parties, and by their strength and directness of purpose. Were we to conjecture the probable issue of the contest by the apparent powers of the parties concerned in it, we should be at no loss to pronounce favourably to the cause of Union. But there is more to

be taken into account than the inert elements of power. One party has its whole energy concentrated and directed upon the great object of separation; another party has a wish or a hope that Union may be preserved. On one side there is a body of ardent and persevering assailants; on the other, a multitude, no doubt-but a multitude cold to feel, and slow to discern, that it is time for them to act on the defensive. In such a contest, the victory is not to those who seem the strong. There is much, however, in a name; and they who discriminate between the opposing forces, as between Irish Repealers, and the strength of the British empire, can with difficulty persuade themselves, that such strength can possibly be overcome by a force apparently so inadequate to cope with it. But it is to be remembered, the Repeal party puts forth all its strength_ it is earnest and sincere in its purpose; while the strength by which it could be overborne, is not closely arrayed against it.

There are some remarkable distinctions between "the Repeal party" and the party to whom the power of the British government is confided, which no wise man will lose sight of. The ministerialists, be they Whig, Radical, or Tory, acknowledge an inte rest in their party, and an attachment to it, distinct from their engagements to the state; the true Repealer has but one love-the passion with which he strives to achieve what he deems the independence of Ireland. The ministerialist, bound to his party, and pledged also to the maintenance of the various and manifold interests upon which the prosperity of the empire is dependent, distributes his patriotism over so wide an expanse, that the spirit of his antagonism to provincial movements or ambitions will be cool and moderate. The Repealer, by the very narrowness of the limits within which his passion chafes, has the ardour of his opposition more strongly excited. The ministerialist, while he thinks of his country and of her farextended possessions and interests, and

1848.]

Dangers and Duties of the Conservative Party.

thinks also of his party and its necessities, can but seldom look upon the proceedings of an Irish association with the disinterestedness in which alone it is possible to see clearly and to see all-can seldom feel it prudent to hazard the interests of his party, and disturb the peace of the empire, by adopting measures which true patriotism would command, and which the convenience of the hour would deprecate: to the Repealer, country, party, the personal, the public, the present, the future, the past-all merge into one-all awaken, and animate, and inflame, one dominant passion; all his vistas of thought, sentiment and ambition, terminate in "Repeal." Whig, Tory, Radical, may each and all oppose the Repeal party, but they also oppose each other. They may, each and all, in their turn, labour strenuously to maintain the integrity of the empire; but with a longing (which modifies their exertions) to maintain or accomplish the ascendancy of their own party: and thus each and all may, in their several estates and necessities, befriend the cause to which they are abstractedly opposed. Each hates or fears Repeal; but hates or fears also the thought of an adverse party's ascendancy. To crush the enemy, might be to elevate the rival; and thus parties which would, were they free from jealousy of each other, labour with untiring assiduity to save the empire from danger of dismemberment, may become so biassed by the influence of their mutual repulsions, as to promote the very schemes in which all see, perhaps, most danger to the community. In estimating the momenta of the forces set upon accomplishing or defeating the meditated "Repeal," all these qualifying circumstances must have due allowance made for them.

Nor is it wise to forget that Repeal may be effected piecemeal. It may be yielded in "instalments." Everybody is ready to acknowledge that the laws by which a country is governed must accept such modifications as the genius of the soil and people impose upon them. There may be, therefore, distinctions between the policy of government and the administration of law in Great Britain and in Ireland. Such distinctions may be essential to the carrying out, in its integrity, the great principle of the British constitution

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the principle, that every subject shall enjoy the largest amount of liberty compatible with the general good. But it is a matter of exceeding delicacy to discriminate between the indulgence which the spirit of law contemplates, and that by which its purpose is defeated. If such discrimination be difficult, even in cases of ordinary occurrence, all will admit that the difficulty is much enhanced in Ireland. Who will say that the difficulty has not proved too arduous for the governments and the legislature which struggled with or gave way before it? Who can say, that, in various of the changes to which, from the imagined necessities of their condition, and in a vain hope of appeasing clamour, they submitted, they have not already conceded the principle of Repeal? We would ask any dispassionate man-and ask with a painful anticipation of his reply

have not the fundamental articles of the Act of Union been broken? If the answer of every intelligent and unpre judiced man be what we are confident it must, we ask again, are we doing the work of alarmists, or are we within our proper province, when we say to the too confident and careless-" be afraid?" be afraid while yet fear may show itself in brave caution; the cause which has been lost in principle, is sure, in time, unless the past be recovered, to be practically abandoned. Legislation cannot long be conducted on Repeal principles, without legalizing Repeal. It is time we look at this stern truth steadily, and accept the lesson it is fraught with. It is high time that Conservatives unite and take measures to arrest the progress of revolution, or, if revolution be effected, to be prepared for the formidable results. With Great Britain-if she allow of the association-without her, if she forsake us, the Conservatives of Ireland should be prepared and resolute to maintain their cause.

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