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Hemmed in on every side, harrassed by degraded by ignominious defeat,) gave an incessant, plunging fire from the win- the order for the total evacuation of dows, roofs, and chimney-tops, which the city. The joy with which this they could return with little effect-con- event was regarded by the people of fined to the park and palaces, without Brussels, is thus described by Mr. orders to advance or permission to retire, White :they were uselessly exposed during four days to all the demoralizing effects of “On the 27th of September, Brussels, their fatal and false position. They held from being a scene of the wildest confuthe key of the city; but it lay rusting in sion and terror, was suddenly converted their hands, or rather it was turned upon into a theatre of the most unbounded themselves. Night after night closed in, exultation. Yells, shouts, pæans of vicand not an inch was gained; day after tory resounded from its remotest allies; day dawned, and Prince Frederick, turn the mournful booming of the tocsin, now ing his eye to St. Gudule, and vainly swelled into a peal of rejoicing, bidding expecting to see the Orange banner float- them repose in safety; the fugitives that ing from its towers, persisted in maiu- had sought security in the provinces, retaining his ground, and pursuing the same turned to their abodes. All peril being ineffectual and dangerous system. Though past, De Potter, the ephemeral god of resolved to restrict himself to the defen- popular adoration, prepared to return sive, he neglected the commonest precau- home to enjoy the first honors of the tions for the safety of his people. Not a ovation. The incredible intelligence of single attempt was made by day or night the discomfiture of the royal legions, witla to obtain possession of any of the adjacent all its exaggerated accompaniments, was buildings whence his soldiers were so conveyed with lightning speed to the severely galled. Neither epaulments, provinces, where the canker of disaffectrenches, or breast-works were thrown tion and demoralization spread like wildup to protect his skirmishers or artillery- fire through all ranks and classes. That men, who were compelled to employ the which yesterday was a mere disjointed, carcasses of their dead horses for the local revolt, now rode triumphant on the purpose. His brave gunners, though blood-stained bayonets of the populace, a death was inevitable, manfully stood to robust and general revolution. The nation their pieces in the open streets, and were was triumphant beyond its most sanguine killed one after another at pistol distance, hopes. The victory was essentially popuuntil at length some of the guns ceased lar; for it was the undivided work of the firing, having lost all their people, even people, gained, as they gain their daily the last officer; and yet it is notorious bread, by the sweat of their brow. The that at nightfall the greater part of the fabric raised at so much cost and labour defenders abandoned their posts—that by the congress of Vienna, stood tottering scarcely a single sentinel remained near on the brink of a precipice. Europe the barricades—that all firing ceased- looked on aghast, and wept; but not a and that a handful of resolute men, well hand dared to move to prop the crumbled on, might at any moment have dashed ling edifice. The force of events, more forward, and carried all the adjacent edi- powerful than the will of cabinets, profices with the bayonet.”
nounced the fiat of destruction, and set
defiance to alliances. The doom of the But while the defenders did more
dynasty was sealed.” than could be imagined in repelling the attack, the assailants did nothing Thus ends Mr. White's first volume. that might have been expected. Prince In our next we will take up the other, Frederick, having subjected his men and trace the progress of those events to this cruel butchery for four days ; which have transtormed the barrier and, having accomplished nothing but kingdom into an outpost of France, their destruction or their degrada- and confounded the calculations of the tion, (as far as it was possible that diplomatists of Europe. brave and loyal men could have been
THE PRIVY COUNCIL AND THE CORPORATION OF CORK.
We have not much space to devote called in, and asked if he was ready to comment upon the recent proceed- with any evidence to substantiate the ings of the Privy Council with respect allegations of the memorial. He anto the corporation of Cork. It is well, swered that he was not, upon which the however, that these extraordinary pro- Lord Lieutenant and Council came to ceedings should be put upon record, one of the most extraordinary decias they furnish a remarkable instancesions that ever disgraced a judicial of the justice, the constitutional prin- body. They determined to withhold ciples--ay, and the capabilities, of their approbation, because there was those to whom is entrusted the go no evidence to warrant them in doing vernment of Ireland.
so. Our readers should distinctly unOur readers are aware that the Lord derstand that the withholding of their Lieutenant and Privy Council, in the approbation is equivalent to rejection, exercise of a power which had long and forces the corporation to a new been dormant, withheld their approba- election. Thus, then, the Council retion from the gentlemen elected by fused to confirin the election of the the corporation of Cork to fill the freemen of Cork because there was no office of mayor and sheriffs of that evidence to show that it had been an city. The whole proceedings of the improper one: and they desired their Council in this matter preseut, we do clerk to frame a document to this not hesitate to say, the most extraor- effect, while at the same time they dedinary compound of arbitrary caprice clared that they gave no opinion on and of legal blunders. They appear the matter contained in the memorial. equally ignorant of the nature of the Fully to comprehend the utter abpower which was entrusted to them, surdity of this unjust and tyrannical and regardless of the principles of resolution, it will be necessary to refer equity that should guide its applica- to the authority under which they tion. We shall first briefly detail what acted. they did do, and then we shall refer to In the year 1662 an act of the Irish the authority under which they pro- parliament was passed “ for the better fessed to act.
execution of his Majesty's gracious On the fifth of July the freemen declaration for the settlement of his of Cork proceeded to elect, according kingdom of Ireland, and satisfaction of to their ancient charter, a mayor and the several interests of adventurers, sheriffs. To the former office they soldiers, and others bis subjects there." elected Mr. Deane, and to be sheriffs By one of the clauses of this act a they nominated Messrs. Ballard and power was given to the Lord LieuteRogers. Agreeably to a provision of nant and Privy Council to make rules the New Rules” inade by the Lord for the regulation of corporations in Lieutenant in council in the year 1672, Ireland, and such rules were declared the names of the gentlemen so elected to possess the authority of an act of were inmediately forwarded to the parliament. In accordance with this Lord Lieutenant for approval. A me- provision the Lord Lieutenant and morial was also forwarded by some of Council formed what have since been the inhabitants of Cork, praying that the called “the New Rules." These rules Council would with hold their approba. differ for different corporations. On the tion, alleging, we believe, as the ground 23d of September, 1672, they formed of such prayer, that the mayor and one the rules which regulate the corporaof the sheriffs belonged to the Orange tions of “ Cork, Waterford, Kinsale, Association. In the end of Septem- Youghal, Cashel, Cloumel, Athlone, ber, and not till then, the Privy Council Londonderry, Carrickfergus, Coleraine, proceeded to take the matter into con- Strabane, Charlemont, Trim, Dundalk, sideration. Mr. Deane, who was in Kilkenny, Wexford, and Ross.” The waiting, was called in, and was asked first of these rules is as follows :if he would avow himself an Orange
He answered, that he would. “ That upon all elections to be hereThe agent for the memorialists was aster made after the last day of December
next, of any person or persons to serve the memorialists, and this they alleged in in any of the offices of Chief Magistrate, their document that they did -because or Magistrates, Recorder, Sheriffs, or they had no evidence to authorize Town Clerk of any of the said several them to do so!! and at the same time cities, walled towns, or corporations, the they asserted that they gave no opinion names of the persons so elected to serve on the matters contained in the mein the said several offices shall be by the morial !!! said corporations forthwith after such
Upon what, then, in the name of election presented to the Lord Lieutenant, or other Chief Governor or Go- opinion? They have put, as far as
cominon sense, did they pronounce an vernors, and the Privy Council of this kingdom, to be approved of by them; they could, a stigma upon the chaand the said persons so elected for
racters of honourable and respectable of
any the said offices shall be incapable of serv
men; in their judicial capacity they ing in the said several offices unless they pronounced them unfit to hold the shall be respectively approved of by the office of magistrates in their native Lord Lieutenant and Privy Council, hy city; and they issue at the same time order under their hands; and in case the
a document declaring that they have persons, or any of them, whose names
no reason whatever for this wanton shall be so presented shall not be ap
attack upon private right and public proved of within ten days after their privilege; they declare that they have pames shall be so presented—then and no motive to assign beyond their own in such case the said corporation shall caprice, and they beg that it may be from time to time proceed to a new elec- distinctly understood that their only tion of fit persons for the said respective pretext is offices for which the persons so presented Sic volo sic jabeo stat pro ratione voluntas. shall not be so approved of, and shall in like manner present their names until The only thing that could justify the they have chosen such persons for the Council in withholding their approbasaid respective offices as shall be approved tion is proof that the persons elected of as aforesaid."
were “unfit." What constitutes “unfit.
ness" is also a matter that may admit And then follows a regulation most of discussion. But in the present case important to the present case, that all this is a question into which we need elections to these offices should take not enter. 'No proof was offered-alleplace at a period of three months pre- gations were made; but even the slenvious to the usual time of their en- der support of these allegatious their tering on the duties :
own document dashes aside—they de“ To the end that there may be suffi- clare that they give no opinion upon cient time between such their election the matters alleged against the officers and their entering upon the execution of elect—they separate, by a most extratheir said respective offices for the ob- ordinary process, their judicial decision taining of the approbation of the Lord from their judicial opinion—they take Lieutenant and Council, and for the from the former every thing that might making of new elections in the places of conceal its injustice, every pretext upon such who shall not be approved of."
which it might rest, and they leave it
an abstract, naked, unsupported act of This is the authority which makes arbitrary power. it necessary for corporate officers to The Privy Council is a judicial body obtain the approval of the Lord Lieu- —this is a maxim which no lawyer tenant and Council. It will be ob- will dispute—it is supposed to be served that the Council are never governed by the same rules and prinempowered or required directly to re- ciples which regulate other couris of fuse the officers : the withholding of justice—and it is as emanating from a their approbation for ten days is suffi- judicial body that we must rerard the cient to compel the corporation to a document which announces the withnew election. When, therefore, the holding of their approbation. It is Privy Council withheld their ap ba- not the firman of an eastern divan, tion from the Mayor and Sheriffs of with whom their will is law, and Cork, they did all that they could do with whom suspicion may supply the - they complied with the prayer of place of evidence—it is a judicial
document issued by a British court of ment which we protest we cannot conjustice bound by certain rules, and ceive how any one who has read the supposed to pronounce its decisions “new rules” could frame-a document according to certain principles. Re- to which we do not believe the dullest garding the transactions only by the and most incompetent barrister, even light which this document affords us, among the recent elevés of the we say that this decision is as arbi- Whigs, would sign his name-a dotrary as any that ever was pronounced cument of wbich Mr. Justice Perrin by the Lords meeting in the starred might be ashamed, and of which Mr. chamber.” They have declared that Deputy Remembrancer Hudson could they had no evidence whatever to expose the absurdity. authorise their proceeding-they have This we say merely upon the evithen dune gross injustice to the gen- dence contained in this precious docutiernan elected in pronouncing him ment itself. But let us return to the unfit-they have wantonly insulted the rule which we have quoted, and let us freemen of Cork in negativing their see how far the spirit of that rule has choice. It is certainly the first time been conformed to. It is by that rule that we have heard the maxim laid expressly provided, that an interval of down by any court, that because a three months shall elapse between the party are not prepared with any evi- election of corporate officers, and their dence, they are entitled to a decision entering on their offices—for the exin their favour. Such, however, is press purpose of giving time for the the only reason that the Privy Council obtaining of the approval of the have assigned for their decision in council, and of a new election in case favour of Messrs. Feagan and Hayes that approval shall be with held. Mr. against the citizens of Cork.
Deane is elected on the fifth of July, To Mr. Deane, the injustice has the return is forwarded “ forthwith." been great.
He was chosen by his Unless the approval was to be as usage fellow-citizens to the office which is has now established it, a mere matter of naturally and justly the highest object form, the Council should immediately of civic ambition—from the possession have adjudicated upon it, and not deof that office the tyranny of the Privy feated the provisions of the rule by Council has thrust him down. The deferring the consideration until the rules of the corporation precluded his last possible moment. If the routine reelection, and he is now a private of long prescription was to be broken citizen-if the mayoralty of Cork be through-if a power, lying in abeyance an honor worthy of being sought from the time it was granted, was now surely the decision, which, without to be reasserted, the full provisions of cause or reason, deprives an individual the rule should have been complied of that honor, is a wrong.
with the return should have been Surely the natural and equitable taken into consideration as course for the Privy Council to have forwarded—and the ten days, which pursued, would be upon finding the the rule allows before the withholding memorialists unprepared to sustain of approval shall be considered final, their allegations, not to come to the should have been devoted to sifting preposterous resolution of therefore the matters alleged in the memorial. deciding in their favour, but to de- All this, it is true, would have cost clare that as no reason was offered to “their lordships of the starred chaminduce them to interrupt the usual ber” some trouble. It would have course of things, they would not be brought my Lord Plunkett from his justified in withholding their approba. studies of Ovid at Old Connaught, tion. In this case, as in all others, and drawn his Lordship of Kildare honesty would have been the best from his ecclesiastical avocations at policy — their decision would have Glassnevin. It was much less troubeen both in accordance with equity blesome to decide without examining and law—and they would not have - it was much easier for their high exposed themselves to the contempt ghtinesses to insult without reason of having issued a document such as a respectable citizen-to deprive him that upon which we comment-a docu- of the just prize of an honourable am
bition. There are
to whom an office to which he might almost be nothing is so pleasing as the exercise said to have an hereditary claim—to of arbitrary power-nothing so trou- which, we believe, upon more than one blesome as to be obliged to find reason occasion his ancestors had been ador justice for their acts.
vanced. But among a generous people But this is not all—their subsequent the victim of arbitrary power is almost proceedings still more effectually set always sure of meeting with a sympathe stamp of absurdity on these—the thy that more than atones for the infreemen of Cork hold a new election jury of oppression. The wrong that - they return Mr. Besnard as mayor, has been done him is a public wrong, and the same gentlemen as sheriff's—a and he will be regarded as a public memorial is presented against this new sufferer. He has, too, received this return by the same individuals as proud testimony to his character, that before—their agent is again called in when the malice of his enemies sought and asked if he is ready with evidence occasion against him, the worst they -he answers that he is not—upon could allege is, that he is an Orangewhich the Council issue another docu- man ; they could find no other accusament, in which they say that as the tion than that he belonged to an assomemorialists are not prepared with any ciation of loyalty and religion-a crine evidence, they must approve of the in which he has as his partners the return. This certainly was the just most distinguished and the inost viscourse—but why was it not followed tuous in the land. He has carried with in the first instance? It certainly is him into private life, not only the restrange that the Council assigned the spect of his fellow-citizens, but a proud very same reason for their disapproval proof of their esteem-their high and of Mr. Deane, and their approval of honorable testimony to his integrity Mr. Besnard—namely, that they had and worth. The freemen of Cork, no evidence against either.
who, in their corporate capacity, have We have sufficient in the documents presented him with the most laudatory furnished by the Privy Council them- addresses, are, perhaps, the most reselves to condemn their proceedings spectable body of freemen in the emas arbitrary and absurd ; but we do not pire; and with their recorded approscruple to say, that the Privy Council bation, and the still higher testimony do not possess an arbitrary power of his own conscience, he may well of rejection; as a judicial body, they disregard the efforts of arbitrary power. are bound by rules of equity and jus- Moral worth can well afford to distice; and, were the position important, pense with those outward insignia, we could, we think, maintain it, that that confer on its possessor no addithey have not the power of withhold. tional title to respect. The honors of ing their approbation, unless they can a virtuous man are far higher than any prove that the officer elected has been that can be bestowed by the voice of legally convicted of a misdemeanor. the multitude, or taken away by the In the present case, however, this is fiat of a Privy Council; and rectitude iinmaterial. Their lordships have fur- and independence give to their posses. nished the grounds of their own con sor a dignity which no magistracy could demnation. Whatever be the extent confer, and from which no tyraut can of their power, they confess that they debar. have exercised it in the most arbitrary Virtus repulsæ nescia sordida
Intaminatis fulget horroribus It was unfortunate that the rules of
Nec sumit aut ponit secures the corporation prevented the reelec
Arbitrio popularis auretion of Mr. Deane - unfortunate as The Privy Council have done their respects the assertion of the rights of worst; they have deprived Mr. Deane of the freemen of Cork, which were vio. the honor of the mayoralty—they cannot lated in his person. We cannot say take from him the respect and esteem of that it is unfortunate as regards him- his fellow-citizens; and in the posses. self. It is true, that he has been de- sion of that esteem, and in the coriprived of that which has been, no sciousness that he deserves it, he will doubt, the object of his fair ambition enjoy far more solid, and far more