Part 12

On this, perhaps, the most interesting trial ever known in that county, numerous witnesses having been examined, the principal facts proved for the prosecution were:—that after M‘Kenzie and my brother had fired four shots without effect, the latter said he hoped enough had been done for both their honours, at the same time holding out his hand to M‘Kenzie,—whose second, Captain Gillespie, exclaimed, that his friend _should not_ be satisfied, and that the affair should proceed. The spectators combined in considering it concluded, and a small circle having been formed, my brother, who persisted in uttering his pacific wishes, interposed some harsh expressions toward Gillespie, who thereupon losing all control over his temper, suddenly threw a handkerchief to William Barrington, asking if he dared take a corner of that!—The unfortunate boy, full of spirit and intrepidity, snatched at the handkerchief, and at the same moment received a ball from Gillespie through his body;—so close were they together, that his coat appeared scorched by the powder. He fell, and was carried to a cabin hard by, where he expired in great agony the same evening. As he was in the act of falling, his pistol went off. Gillespie immediately fled, and was followed by three of his own dragoons, whom he had brought with him, and who were present at the transaction, but whom he declined examining on the trial. The spectators were very numerous, and scarcely a dry eye left the field.

Capt. Gillespie’s defence rested upon an assertion on his part of irritating expressions having been used by my brother, adding that the cock of his own pistol was knocked off by my brother’s fire. But that very fact proved every thing against him; because his shot _must_ have been fired and have taken effect in my brother’s body previously; for if the cock had been broken in the first place, Gillespie’s pistol could not have gone off. In truth, the whole circumstance of a second killing a principal because he desired reconciliation was, and remains, totally unexampled in the history of duelling even in the most barbarous eras and countries.

Judge Bradstreet, who tried the prisoners, held it to be clearly murder by law. A verdict of even manslaughter must (he contended) be returned by a forced or rather false construction;—but _acquit_ him (Gillespie) generally, the jury could not.

The prosecution was not followed up against M‘Kenzie, whose conduct throughout had been that of an officer and a gentleman, and who had likewise desired reconciliation. Of course he was acquitted.

The jury had much difficulty in making up their verdict. Some of them, being men of considerable reputation, hesitated long. They could not acquit; they _would_ not convict;—and hence a course was taken which corresponded neither with the law nor the evidence. A verdict of “_justifiable homicide_” was returned, in consequence of which Capt. Gillespie was discharged on his recognizance to appear in the court of King’s Bench the ensuing term, and plead his Majesty’s pardon.

Thus was compromised the justice of the country. Thus commenced the brilliant career of that general whom the munificence of the British nation has immortalised by a monument amongst her heroes!—Thus did the blood of one of the finest youths of Ireland first whet Gillespie’s appetite for that course of glorious butchery to which he owed his subsequent elevation. But conscience is retributive, and Heaven is just. I hear that he was never happy after:—intrepid to excess, he often tempted fate; and his restless and remorseless existence was at length terminated by a Gentoo in India.

The circumstances attending General Gillespie’s death are remarkable, and manifest, in my opinion, desperation rather than real bravery. He had, contrary to instructions, attempted to storm:—his fire was inadequate—his troops repulsed:—new attempts were made, but again unsuccessfully, numerous brave men being sacrificed to no purpose. Still the general persisted;—even the guard was taken from the paymaster, who had treasure under his care.—Gillespie was aware that he had disobeyed instructions, and was determined to succeed or perish in the attempt. He damned the paymaster, who remonstrated against being left unprotected—looked for a moment at the storming party through his glass,—and seeing his men falling fast, he drew his sword, called upon every soldier to follow him, and in five minutes received several balls, which ended his cares and existence. _Requiescat in pace!_—but never will I set my foot in Westminster Abbey.

Scarcely was the melancholy trial referred to over, when the case was succeeded by another almost in the opposite extreme—altogether too ludicrous, indeed, to form the termination of so serious a business, but at the same time too extraordinary and too public to be omitted. It was certainly, in its way, as unparalleled an affair as that which gave rise to it.

On the evening of the trial, my second brother, Henry French Barrington,—a gentleman of considerable estate, and whose perfect good temper, but intrepid and irresistible impetuosity when assailed, were well known—the latter quality having been severely felt in the county before,—came to me. He was, in fact, a complete country gentleman, utterly ignorant of the law, its terms and proceedings; and as I was the first of my family who had ever followed any profession (the army excepted), my opinion, so soon as I became a counsellor, was considered by him as oracular: indeed, questions far beyond mine, and sometimes beyond the power of any person existing, to solve, were frequently submitted for my decision by our neighbours in the country.

Having called me aside out of the bar-room, my brother seemed greatly agitated, and informed me that a friend of ours, who had seen the jury-list, declared that it had been decidedly _packed_!—concluding his appeal by asking me what he ought to do? I told him, we should have “challenged the array.”—“That was my own opinion, Jonah,” said he, “and I will do it now!” adding an oath, and expressing a degree of animation which I could not account for. I apprised him that it was now too late, as it should have been done before the trial.

He said no more, but departed instantly, and I did not think again upon the subject. An hour after, however, my brother sent in a second request to see me. I found him, to all appearance, quite cool and tranquil. “I have done it, by G-d!—(cried he, exultingly)—’twas better late than never!” and immediately he produced from his coat-pocket a long queue and a handful of powdered hair and curls. “See here!” continued he, “the cowardly rascal!”

“Heavens!” cried I, “French, are you mad?”

“Mad!” replied he, “no, no! I followed your own advice exactly. I went directly after I left you to the grand-jury room to ‘_challenge the array_,’ and there I challenged the _head_ of the array, that cowardly Lyons!—He peremptorily refused to fight me; so I knocked him down before the grand-jury, and cut off his curls and tail!—See, here they are,—the rascal! and my brother Jack is gone to flog the sub-sheriff!”

I was thunderstruck, and almost thought my brother was _crazy_, since he was obviously not _in liquor_ at all. But after some inquiry, I found that, like many other country gentlemen, he took words in their commonest acceptation. He had seen the high sheriff coming in with a great “_array_,” and had thus conceived my suggestion as to challenging the array was literal; and accordingly, repairing to the grand-jury dining-room, had called the high sheriff aside, told him he had omitted challenging him before the trial, as he ought to have done according to advice of counsel; but that it was better late than never, and that he must immediately come out and fight him. Mr. Lyons conceiving my brother to be intoxicated, drew back, and refused the invitation in a most peremptory manner. French then collared him, tripped up his heels, and putting his foot on his breast, cut off his side-curls and queue with a carving-knife which an old waiter named Spedding (who had been my father’s butler, and liked the thing,) had readily brought him from the dinner-table. Having secured his spoils, my brother immediately came off in triumph to relate to me his achievement.

Mr. Lyons was a remarkably fine, handsome man; and, having lived very much abroad, was by no means acquainted with the humours of Irish country gentlemen, with whom he had associated but little, and by whom he was not at all liked; and this his first reception must have rather surprised him.

Mr. Flood, one of the grand-jury, afterward informed me, that no human gravity could possibly withstand the astonishment and ludicrous figure of the mutilated high sheriff; the laugh, consequently, was both loud and long. Nobody chose to interfere in the concern; and as Mr. Lyons had sustained no bodily injury, he received very little condolement amongst the country gentlemen, and immediately withdrew.

My situation in this curious _dénouement_ was truly to be commiserated, since I should be considered as the adviser of my brother; and I therefore determined to consult Mr. Downs, (Gillespie’s counsel) as to what was best to be done in the matter.

Mr. (afterward Lord) Downs, always proud, icy, and decorous, seemed to think my brother’s case irremediable, and that a couple of years’ imprisonment and a heavy fine, at least, must be the necessary result of such a trimming of a high sheriff in the face of a county—advising French, at the same time, to fly and make terms if possible. “Fly!” said French Barrington, when I informed him of the suggestion; “no, no! tell Counsellor _Thingumbob_ to go to the ball to-night, and he’ll see more of the matter.” In fact, my brother went to the ball-room when it was crowded, and having tied the sheriff’s curls and queue to a lamp which hung in the centre of the room, got upon a form, and made a loud proclamation of the whole transaction from first to last. A sort of sympathetic feeling caught the young men in the room, many of whom were my brother’s companions: they immediately led out their partners, and formed a circle-dance (as about a May-pole) around the sheriff’s spoils, which were sticking to the lamp. The remonstrances of mothers, and other discreet efforts, were totally vain:—the girls liked the fun, and a succession of different sets did honour in turn to Mr. Lyons’ late queue and curls. A club was subsequently proposed, to be called the _Curl Club_, and to be held every summer assize; and this was for several years kept up.

The ensuing morning my brother dressed up the bridle of his hunter with the curls and queue, newly powdered by Mr. Robert Casey; and having paraded the streets for a considerable time (avoiding the judge’s residence), he rode home; and was never called to account or molested on the subject in any way whatsoever.

Mr. Lyons left the country almost immediately, went back to the Continent, and never after, at least to my knowledge, returned.

The matter, however, having been justly represented in a serious light to the judge, he sent for me, and I related the entire truth. He had been much dissatisfied with the verdict, and had received strong hints as to the arrangement of the jury: he could not restrain a smile, but said he must, if required, give permission to a magistrate to take examinations against Mr. Barrington. He, however, declined all personal interference on circuit; desiring Mr. Lyons to apply to the King’s Bench, where no doubt he would be duly attended to, according to the merits of the case. But no examinations whatever were taken; nor was any application made to the King’s Bench. It could not have been made without involving the question as to the way in which the jury was constituted; and since that matter would not bear sifting, the circumstances were suffered to remain without further investigation.

ENTRANCE INTO PARLIAMENT.

My first entrance into the Irish House of Commons—Dinner at Sir John Parnell’s—Commencement of my intimacy with public men of celebrity—Maiden speech—I attack Grattan and Curran—Suicide of Mr. Thoroton—Lord De Blacquiere—His character.

The day on which I first took my seat in the Irish Parliament for the city of Tuam I still reflect on as one of the most gratifying of my life. The circumstance, abstractedly, was but of secondary consideration; but its occurrence brought back to my mind the events of past ages, and the high respectability of the race from which I sprang. My imagination was excited, and led me almost to fancy that I could see my forefathers ranged upon those seats which they had so long and so honourably occupied in the senate of their country, welcoming their descendant to that post which had not for a few years past been filled by any member of the family. In fact, the purer part of my ambition was hereby gratified. I felt myself an entirely independent representative of an equally independent nation—as a man assuming his proper station in society, not acquiring a new one.

I confess I always had, and still continue to have, and to nourish, the pride which arises from having been born a gentleman. I am aware that wealth, and commerce, and perhaps talent, have, in modern times, occasioned family pride to be classed in the rank of follies; but I feel it, nevertheless, most strongly:—and if it be even a crime, I am culpable; if a folly, I submit to be regarded as imbecile. The sensations I experienced were indeed altogether delightful upon finding myself seated under that grand and solemn dome:—I looked around me, and saw the most dignified men of that day,—the ablest orators of Europe,—many of the best-bred courtiers, and some of the most unsophisticated patriots in the empire! These, including a few friends and intimates of my family, were mingled, here and there, in amicable groups, and by turns kindly encouraged a young barrister, of only two years’ practice, without patronage or party, as a fair independent aspirant to rank and eminence.[38]

Footnote 38:

Perhaps this may be considered rather too egotistical and highly coloured; but I must observe that at that time the importance of a member of the Irish Parliament was much greater in his country, than that of an English member at present in _his_. The Irish parliament was formerly almost wholly composed of gentlemen of family and high respectability: there was neither an attorney nor a usurer in it; on the contrary, there were no two professions in the world to which the Irish gentlemen had so great an aversion; to the one from _experience_, the other from _anticipation_.

I was greatly moved and excited: but it was not excitement of an ephemeral or feverish character; on the contrary, my emotions had their source in a tranquil, deep-seated, perhaps proud, satisfaction, impossible to be clearly described, and almost impossible to be felt by any but such as might be placed in circumstances precisely similar.

There were some members present, I have already said, with whom I was personally acquainted. My friend, Sir John Parnell—partly, I am sure, on my account, and partly, no doubt, with a view to the service of government, lost no time in introducing me to many of his own particular friends.

I dined with him on that day: he was then chancellor of the exchequer. The entire party I do not recollect; but I remember perfectly those individuals of it with whom I subsequently cultivated acquaintance. Among them were Major Hobart (since Lord Buckinghamshire), Isaac Corry, Sir John (since Lord) De Blacquiere, Robert Thoroton, Marcus Beresford (Lord Clare’s nephew), the present Lord Oriel (then Speaker), Thomas Burgh, of Bert, Sir Hercules Langreish, and James Cuffe (since Lord Tyrawley). The scene was new to me:—hitherto, my society in Dublin had naturally fallen among the members of my own profession; we were all barristers, and I felt myself but a barrister: and though certainly we formed at that time the second-best society in Ireland, it was inferior to that of which I had now become a member. I found myself, in fact, associated as an equal with a circle of legislators whose good-breeding, wit, and conviviality were mingled with political and general information. I was in my element:—the first steps of the ladder were mounted; and as meanwhile Sir John’s champaign was excellent, and quickly passed round, my spirits rose to a pitch far higher than in the morning, and any talent for conversation or anecdote which I might possess involuntarily coming out, Sir John Parnell, shaking his fat sides with laughter, according to his usual custom, said to me, before we broke up, “Barrington, you’ll do!” upon which, Sir Hercules Langreish, who had very much the tone of a Methodist preacher, yet was one of the wittiest men in Ireland, immediately said,—“No: we must have another trial;” and a day was fixed to dine with him.

My acquaintance soon augmented to a degree almost inconvenient. My _friendship_ I limited to such men as I held to possess congeniality of sentiment; and before any long time had elapsed, I was not only the frequent guest of many of the distinguished characters of Ireland, but was considered as an early and favoured candidate for any professional promotion which the shortness of my standing at the bar would admit of.

Reflecting, soon after I had taken my seat, on the novel nature of my situation, I felt that it was beset by considerable difficulties. I allude to the decision necessary for me to come to with respect to the line of politics I meant to pursue. I was not a _new_ man, by whom any course might be taken, without exciting comment or question. On the contrary, I was of an old family, the importance and influence of which I was desirous to revive in that house, and hence it became requisite that I should weigh my actions well, and avoid precipitancy.

Political parties at that time ran high, though but little individual hostility existed. Grattan, the two Ponsonbys, Curran, Brownlow, Forbes, Bowes, Daly, Connolly, Arthur Brown, and numerous other most respectable personages were then linked together in a phalanx of opposition which, under the name of Whiggery, not only assailed the government upon every feasible occasion, but was always proposing measures which, under the then existing system, were utterly inadmissible. The opposition had the advantage in point of ability, and, therefore, nothing but supreme talent had any chance, among them, of rendering its possessor useful or valued. Though my nature was patriotic, I ever respected the aristocracy, which, while the democracy exhibits a people’s general character and energy, tends to embellish the state, and to give it an imposing grandeur.

The supporters of the Irish government, as I have said, were certainly inferior, except in patronage and power, to the opposition by which they were assailed. But they lived socially: there was a sort of convivial union among them, which, whether in high or low life, is, of all other ties, for awhile most binding upon my countrymen. It was therefore rather inconsistent in Lord Clare to give offence, as he did, to many of the most respectable gentlemen of Ireland by calling the Whigs an “eating and drinking club,”[39] since the sarcasm might, at least with equal justice, have been retorted on the supporters of His Majesty’s government. All the great constitutional questions were, in 1790, supposed to have been arranged. Still the opposition sought a more radical reform, to which the government would not accede. They wrangled, in fact, about every trifle—and that at a time when the local concerns of the country were advancing to the highest pitch of prosperity. To neither party, however, attached any dishonourable stigma, which should prevent an honest man from joining their ranks; and meanwhile, I sought celebrity and advancement. The coast was clear before me. I was my own master, and free to choose my own course. In case of my connecting myself with the Whigs, I saw that I must play but a very inferior part in their game. I felt that amidst such an assemblage of talent I had but little right to expect eminence, and still less probability of acquiring professional advancement, even if my friends should become victorious. But, above all, I reflected that what at first view had appeared to me a blaze of constitutional _patriotism_, dwindled, on a closer inspection, into what is generally called _party_.

Footnote 39:

What they called in Ireland _mahogany_ acquaintances.

The country had prospered beyond all possible anticipation, and was still further advancing in prosperity, under the then existing system of administration. I did not perceive that any immediate change of men or measures was at all in prospect, nor that it was at that moment necessary, or even desirable. My immediate personal connexions were on the side of the government. I had always doubted the sincerity of the Whigs: my doubts were now realised, and, on the whole consideration, I determined to attach myself to the administration. I had previously voted with them on the choice of a Speaker; but that I did not consider as constituting any pledge as to my future conduct. I voted for Mr. Forster, as the friend of Sir John Parnell, and because I considered him more fitting for the station than his opponent, Mr. William Ponsonby.

Thus, my mind being at length made up, I determined to render myself of some importance to the side I had adopted. The common course of desultory debate (even conquest over declaimers of my own calibre) would have led to no distinction. I decided either to rise or fall; and with this view, resolved to fly at once at the highest game, in which attempt even if I should not succeed, the trial itself would be honourable. My earliest effort was therefore directed against the two most celebrated speakers of that period, Grattan and Curran; and on the first day I rose I exhibited a specimen of what I may now call true arrogance. The novelty of such unexpected effrontery surprised the House, and afterward surprised myself. It was a species of bold hardihood, which, I believe, no person who had a just sense of his own inferiority would have ventured on without great hesitation. I launched into a strong philippic on the conduct of the most able and respectable opposition that Ireland had ever possessed. I followed and traced the Whigs, as I thought, through all their meanderings and designs. In a word, I surpassed the boundaries, not only of what I had myself resolved, but of what common prudence and propriety should have dictated. The government party, at the same time, was evidently not gratified. Its members, no doubt, considered me as a lost partizan, who had courted and called for my own suppression; and with some portion of the same feeling myself, I sat down almost ashamed of my forwardness, and awaiting, if not with resignation, at least with certainty, a just although cruel chastisement. How then must I have been surprised, and how wofully rebuked, by the mild and gentlemanly retorts which I received from Grattan! whilst Curran’s good temper never showed itself more conspicuously than in his treating me merely with wit and facetiousness. I was abashed and mortified on contrasting the forbearance of those great men with my own intemperance. Had I perceived any thing like contempt in that forbearance, I really believe I should have found it difficult to resume my spirits in the House; but no such feeling appeared toward me; and it is most singular to say, that some incidents which sprang from that very night’s debate gave rise both to the friendship of Mr. Grattan,[40] with which I was afterward honoured, and to the close intimacy between me and Mr. Curran, which was never after interrupted.

Footnote 40: