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cumstances. So with a wide range of study; it sharpens the wits; it infuses general knowledge into the mind; it sets a young man thinking; it strengthens the memory and stores it with facts; and in this way makes him a better and more able man in the particular profession which he is intended to pursue. It has been well said that in this happy land there is no barrier between classes, and that the highest positions are attainable by persons starting from the most humble origin. If he has only talent, if he has only acquirements, if he has only perseverance and good conduct, there is nothing within the range of the institutions of the country to which any man may not aspire, and which any man may not obtain. It is the peculiar character of this country as distinguished from many others, that whereas in some countries, unfortunately for them, men strive to raise the level on which they stand by pulling others down, in England men try to raise the level on which they stand, not by pulling others down but by elevating themselves. Having stated the advantages which the system of competitive examination confers upon those who are successful, I would take leave to say a word of encouragement to those who may have failed to obtain certificates. Let not these young men, and let not their parents, think that they, the unsuccessful competitors, have gained nothing by the struggle in which they have engaged. Depend upon it, that although they may not have succeeded in obtaining the distinction at which they aimed, they have succeeded in acquiring a great deal of useful knowledge; they have succeeded in acquiring habits of mind and powers of thought, and of application, which will be of use to them during the rest of their lives. You all know the old story of the father who upon his deathbed told his sons that he had a treasure buried in a certain field, and that if they dug the whole field through they would find it. The sons, acting upon this advice, dug the field, but no gold was there. In the next year, however, there was that which was to them a treasure-a most abundant and valuable harvest. That was the treasure which the father wished them to seek for and which they found. So it is with the unsuccessful competitors. They have not found the treasure which they sought for-namely, a certificate of attainments from the examiners but they have gained a treasure which to them will be of infinite value-those habits of mind, those powers of thought, and that amount of knowledge upon which a larger building may be erected; and they therefore will have reason to thank their parents for having sent them to a competitive examination, thus rendering them better able to struggle through life in whatever career they may choose to pursue.

7.-MR. O'CONNELL IN DEFENCE OF MR. MAGEE.

(THE LAW OF LIBEL.)

[The great Irish "agitator," Daniel O'Connell, was orn in the county of Kerry 1775. He was educated at the Catholic College of St. Omer and at the school at Douay. In 1794 he became a student of Lincoln's Inn and was

Mr. O'Connell in Defence of Mr. Magee.

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admitted a barrister in 1798. His practice yielded him a large income, but in 1809 he became connected with the associations for the emancipation of the Catholics, and soon became their idol. In 1828 he was returned to parliament by the electors of Clare, and presenting himself at the table of the House, expressed his willingness to take the oath of allegiance, but refused to take the other oaths. On this he was ordered to withdraw. The Catholic Relief Bill, passed in 1829, enabled him to sit. The last years of his life were devoted to the unprofitable agitation for the repeal of the union. As an orator he stood in the first rank; his only literary work is his "Memoirs of Ireland." He died in 1847, aged 72.]

GENTLEMEN, you are now to pronounce on a publication, the truth of which is not controverted. The case is with you: it belongs to you exclusively to decide it. His Lordship may advise, but he cannot control your decision; and it belongs to you alone to say, whether or not, upon the entire matter, you conceive it to be evidence of guilt, and deserving of punishment. The Statute-law gives or recognises this your right, and imposes it on you as your duty. No judge can dictate to a jury-no jury ought to allow itself to be dictated to.

If the contrary doctrine were established, see what oppressive consequences might result. At some future period, some man may attain the first place on the bench, through the reputation which is so easily acquired-by a certain degree of church-wardening piety, added to a great gravity and maidenly decorum of manners. Such a man may reach the bench-for I am putting a mere imaginary case-He may be a man without passions, and therefore without vices; he may be, my lord, a man superfluously rich, and therefore, not to be bribed with money, but rendered partial by his bigotry, and corrupted by his prejudices: such a man, inflated by flattery and bloated in his dignity, may hereafter use that character for sanctity which has served to promote him, as a sword to hew down the struggling liberties of his country-such a judge may interfere before trial, and at the trial be a partisan !

Gentlemen, should an honest jury-could an honest jury (if an honest jury were again found) listen with safety to the dictates of such a judge? I repeat, that the law does not and cannot require such submission as has been preached : and at all events, gentlemen, it cannot be controverted that, in the present instance that of an alleged libel,-the decision of all law and fact belongs to you. I am then warranted in directing to you some observations on the law of libel; and in doing so, my intention is to lay before you a short and rapid view of the causes which have introduced into courts the monstrous assertion-that truth is crime!

It is to be deeply lamented that the art of Printing was unknown at the earlier periods of our history. If, at the time the barons wrung the simple but sublime charter of liberty from a timid, perfidious sovereign-from a violator of his word-from a man covered with disgrace, and sunk in infamy; if at the time when that charter was confirmed and renewed, the Press had existed; it would, I think, have been the first care of those friends of freedom to have established a principle of liberty for it to rest upon, which might

resist every future assault. Their simple and unsophisticated understandings could never be brought to comprehend the legal subtleties by which it is now argued that falsehood is useful and innocent, and truth, the emanation and the type of heaven, a crime. They would have cut with their swords the cobweb links of sophistry in which truth is entangled; and they would have rendered it impossible to re-establish this injustice, without violating a principle of the constitution.

When the art of Printing was invented, its value to every sufferer, its terror to every oppressor, was soon obvious; therefore means were speedily adopted to prevent its salutary effects. The StarChamber-the odious Star-Chamber-was either created, or at least, enlarged and brought into activity. Its proceedings were arbitrary, its decisions were oppressive, and injustice and tyranny were formed into a system. To describe it in one sentence, it was a prematurely packed jury. The Star-Chamber was particularly vigilant over the infant struggles of the Press. A code of laws became necessary to govern this new enemy to prejudice and oppression. The Star-Chamber adopted, for this purpose, the civil law as it is called-the law of Rome:-not the law at the periods of her liberty and her glory, but the law which was promulgated when she fell into slavery and disgrace, and recognised this principlethat the will of the prince was the rule of the law. The civil law was adopted by the Star-Chamber as its guide in proceeding against and in punishing libellers; but, unfortunately, only part of it was adopted and that, of course, was the part least favourable to freedom. So much of the civil law as assisted to discover the concealed libeller, and to punish him, when discovered, was carefully selected; but the civil law allowed truth to be a defence-and that part was carefully rejected.

From the Star-Chamber, gentlemen, the prevention and punishment of libels descended to the courts of common law: and, with the power, they seem to have inherited much of the spirit of that tribunal. Servility at the bar, and profligacy on the bench, have not been wanting to aid every construction unfavourable to freedom: and, at length, it is taken as granted, and as clear law, that truth or falsehood is quite immaterial, constituting no part of either guilt or innocence.

I would wish to examine this revolting doctrine; and, in doing so, I am proud to tell you that it has no other foundation than in the oft-repeated assertions of lawyers and judges. One servile writer has stated this doctrine, from time to time, after anotherand one overbearing judge has re-echoed the assertion of a timeserving predecessor-and the public have, at length, submitted. I do therefore feel not only gratified in having the occasion, but bound to express my opinion on the real law of this subject. I know that opinion is but of little weight. I have no professional rank or station to give it importance; but it is an honest and conscientious opinion, and it is this;--that, in the discussion of public subjects,

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and of the administration of public men, truth is a duty and not a

crime.

For my part, I frankly avow that I shudder at the scenes around me. I cannot, without horror, view this interfering and intermeddling with judges and juries: it is vain to look for safety to person or property, whilst this system is allowed to pervade our courts: the very fountain of justice may be corrupted at its source; and those waters which should confer health and vigour throughout the land, can then diffuse nought but mephitic and pestilential vapours to disgust and to destroy. If honesty, if justice be silent, yet prudence ought to check these practices. We live in a new era, a melancholy era-in which perfidy and profligacy are sanctioned by high authority: the base violation of plighted faith, the deep stain of dishonour, infidelity in love, treachery in friendship, the abandonment of every principle, and the adoption of every frivolity and of every vice that can excite hatred combined with ridicule,-all, all this, and more, may be seen around us; and yet it is believed, it is expected, that this system is fated to be eternal. Gentlemen, we shall all weep the insane delusion; and, in the terrific moments of retaliation, you know not, you cannot know, how soon or how bitterly "the ingredients of your poisoned chalice may be commended to your own lips.'

Is there amongst you any one friend to freedom? Is there amongst you one man who esteems equal and impartial justicewho values the people's rights as the foundation of private happiness, and who considers life as no boon without liberty? Is there amongst you one friend to the constitution-one man who hates oppression? If there be, Mr. Magee appeals to his kindred mind, and expects an acquittal.

There are amongst you men of great religious zeal-of much public piety. Are you sincere? Do you believe what you profess? With all this zeal, with all this piety, is there any conscience amongst you? Is there any terror of violating your oaths? Are ye hypocrites, or does genuine religion inspire you? If you are sinners, if you have consciences, if your oaths can control your interests, then Mr. Magee confidently expects an acquittal.

If amongst you there be cherished one ray of pure religion-if amongst you there glow a single spark of liberty-if I have alarmed religion, or roused the spirit of freedom in one breast amongst you, Mr. Magee is safe, and his country is served; but, if there be none, you be slaves and hypocrites-he will await your verdict-and despise it!

if

8.-ROBERT HALL'S PERORATION ON WAR.

[The Rev. Robert Hall, M.A., the eminent dissenting minister, was born at Arnsley, near Leicester, 1764. He was educated at Bristol and King's College, Aberdeen. His works on Divinity and political economy, which are numerous,

are remarkable for profound thought, elegance of style, and for the splendour of their imagery. As a preacher he was unrivalled, his congregation were, it is said, "entranced by his fervid eloquence, and melted by the awe and fervour with which he dwelt on the mysteries of death and eternity." His complete works have been published in six volumes. Died 1831.]

As far as the interests of freedom are concerned,-the most important by far of sublunary interests,-you, my countrymen, stand in the capacity of the federal representatives of the human race; for with you it is to determine (under God) in what condition the latest posterity shall be born; their fortunes are entrusted to your care, and on your conduct at this moment depends the colour and complexion of their destiny. If liberty, after being extinguished on the Continent, is suffered to expire here, whence is it ever to emerge in the midst of that thick night that will invest it? It remains with you then, to decide whether that freedom, at whose voice the kingdoms of Europe awoke from the sleep of ages, to run a career of virtuous emulation in everything great and good; the freedom which dispelled the mists of superstition, and invited the nations to behold their God; whose magic touch kindled the rays of genius, the enthusiasm of poetry, and the flame of eloquence; the freedom which poured into our lap opulence and arts, and embellished life with innumerable institutions and improvements, till it became a theatre of wonders: it is for you to decide whether this freedom shall yet survive, or be covered with a funeral pall, and wrapt in eternal gloom. It is not necessary to await your determination. In the solicitude you feel to approve yourselves worthy of such a trust, every thought of what is afflicting in warfare, every apprehension of danger must vanish, and you are impatient to mingle in the battle of the civilized world. Go, then, ye defenders of your country, accompanied with every auspicious omen; advance with alacrity into the field, where God himself musters the hosts to war. Religion is too much interested in your success not to lend you her aid; she will shed over this enterprise her selectest influence. While you are engaged in the field, many will repair to the closet, many to the sanctuary; the faithful of every name will employ that prayer which has power with God; the feeble hands which are unequal to any other weapon, will grasp the sword of the Spirit; and from myriads of humble, contrite hearts, the voice of intercession, supplication, and weeping, will mingle in its ascent to heaven with the shouts of battle and the shock of arms. While you have everything to fear from the success of the enemy, you have every means of preventing that success, so that it is next to impossible for victory not to crown your exertions. The extent of your resources, under God, is equal to the justice of your cause. But should Providence determine otherwise, should you fall in this struggle, should the nation fall, you will have the satisfaction, the purest allotted to man, of having performed your part; your names will be enrolled with the most illustrious dead; while posterity, to the end of time, as often as they revolve the events of this period

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