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THREE:It was now proposed that as the Orange leaders had violated the law as much as the Dorsetshire labourers, they should be dealt with in the same manner, and that if evidence could be obtained, the Duke of Cumberland, Lord Kenyon, the Bishop of Salisbury, Colonel Fairman, and the rest should be prosecuted in the Central Criminal Court. There was an Orangeman, named Heywood, who had betrayed his confederates, and was about to be prosecuted by them for libel. The opponents of the Orangemen, believing his allegations to be borne out by the evidence given before the committee, resolved to have him defended by able counsel, retaining for the purpose Serjeant Wilde, Mr. Charles Austen, and Mr. Charles Buller. All the necessary preparations were made for the trial, when Heywood suddenly died, having broken a blood-vessel through agitation of mind, and alarm lest he should somehow become the victim of an association so powerful, whose vengeance he had excited by what they denounced as treachery and calumny. The criminal proceedings, therefore, were abandoned. Almost immediately after the opening of Parliament in February, 1836, Mr. Finn and Mr. Hume again made a statement in the House of Commons of the whole case against the Duke of Cumberland and the Orange Society, and proposed a resolution which seemed but a just consequence of their terrible indictment. The resolution declared the abhorrence of Parliament of all such secret political associations, and proposed an Address to the king requesting him to cause the dismissal of all Orangemen and members of any other secret political association from all offices civil and military, unless they ceased to be members of such societies within one month after the issuing of a proclamation to that effect. Lord John Russell proposed a middle course, and moved, as an amendment, an Address to the king praying that his Majesty would take such measures as should be effectual for the suppression of the societies in question. Mr. Hume having withdrawn his resolution, the amendment was adopted unanimously. The king expressed concurrence with the Commons; a copy of his reply was sent to the Duke of Cumberland, as Grand Master, by the Home Secretary. The duke immediately sent an intimation that before the last debate in the Commons he had recommended the dissolution of the Orange societies in Ireland, and that he would immediately proceed to dissolve all such societies elsewhere. "In a few days," Harriet Martineau remarked, "the thing was done, and Orangeism became a matter of history."Then��by a process of argument so close, so logical, as to amount to a demonstration��Sir Robert Peel meets this objection, and shows that the proposals of the Conservative party afforded no solution of the real difficulty. Granted that the overwhelming sense of the people of Great Britain was against concession, what aid could they afford in the daily, practical administration of the law in Ireland? If seditious libels were to be punished, or illegal confederacies, dangerous to the public peace, to be suppressed, the offenders could only be corrected and checked through the intervention of an Irish jury, little disposed, if fairly selected, to defer in times of political excitement to the authority of English opinion. But the real difficulty to be surmounted was not the violation of the law; it lay, rather, in the novel exercise of constitutional franchises, in the application of powers recognised and protected by the law, the power of speech, the power of meeting in public assemblies, the systematic and not unlawful application of all these powers to one definite purpose��namely, the organisation of a force which professed to be a moral force, but had for its object to encroach, step by step, on the functions of regular government, to paralyse its authority, and to acquire a strength which might ultimately render irresistible the demand for civil equality. If, then, Irish agitation could not be repressed through the action of Irish juries, if the agitators kept strictly within the letter of the law, so that even a conviction by an Irish jury might be pronounced, by the highest legal authorities in England, an Act making trial by jury "a mockery, a delusion, and a snare," how was the public opinion of England and Scotland to be brought to bear in putting down the popular will in Ireland? It could be done only through the Imperial Parliament, by having a law passed to suspend or abolish the Constitution in Ireland. But the existing Parliament could not be got to pass any such measure, for the House of Commons had just voted that the proper way to put down agitation in Ireland was to grant Catholic Emancipation; and that the remedy of establishing civil equality ought to be tried without delay. Was[278] there any hope that a dissolution of Parliament would produce different results? No; for at the general election of 1826, Yorkshire, Lancashire, Middlesex, Surrey, Kent, and Devonshire sent representatives to Parliament, a majority of whom voted against the maintenance of Protestant ascendency in Ireland. The members for London, for Liverpool, for Norwich, for Coventry, for Leicester, were equally divided on the question; while the members for Westminster, Southwark, Newcastle-upon-Tyne, Preston, Chester, and Derby voted unanimously for concession. Now, the Parliament which assumed this Liberal complexion had been elected in circumstances calculated to call forth the strongest manifestation of Protestant feeling; for it was only the previous year that, after long discussion and a severe contest, the Commons had sent up to the Lords, by a majority of twenty-one, a Bill for the repeal of Roman Catholic disabilities. Then, with regard to Ireland, what would have been the effect of a general election there? Would not the example of Clare have been imitated in every county and borough where the Roman Catholic electors were the majority? And what would have been the effect of such an attempt on the public peace? Probably, to involve the whole island in the horrors of a civil and religious war; to be followed by another penal code.

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