THREE:After the flight from Ballingarry, and the desertion of his followers, Smith O'Brien abandoned the cause in despair, and concealed himself for several days among the peasantry in a miserable state of mind. He had none of the qualities of a rebel chief, and he had not at all calculated the exigencies of the position that he had so rashly and criminally assumed, involving the necessity of wholesale plunder and sanguinary civil strife, from which his nature shrank. Besides, he soon found that the people would not trust a Protestant leader, and that there was, after all, no magic in the name of O'Brien for a Roman Catholic community. But to the honour of the peasantry it should be spoken, that though many of them were then on the verge of starvation, not one of them yielded to the temptation of large rewards to betray him or his fugitive colleagues, and several of them ran the risk of transportation by giving them shelter. In these circumstances, on the 5th of August, Mr. O'Brien walked from his hiding-place in Keeper Mountain into Thurles, where he arrived about eight o'clock in the evening. He[570] went immediately to the railway station to procure a ticket for Limerick. On the platform there were seventeen constables in plain clothes, who did not know him; but a railway guard named Hulme, an Englishman, recognised him, and tapping him on the shoulder, he presented a pistol at him and said, "You are the Queen's prisoner." A strong escort of police was immediately procured, and the prisoner was conveyed in a special train to Dublin, where he was lodged in Kilmainham gaol.
ONE:In order to enable the revenue to furnish the required million surplus for the Sinking Fund, Pitt found it necessary to propose to extend the excise laws to foreign wine, which had hitherto been under the jurisdiction of the Custom House. He contended that, on a moderate calculation, the sum lost to the revenue by the frauds in the trade in wine amounted to upwards of two hundred and eighty thousand pounds per annum. To remedy this, and to prevent at once smuggling and the adulteration of wine, the excise officers were to have free access to the cellars of all who sold wine, but not into private ones. To abate that repugnance to the law which excise laws awaken in the public mind, Pitt stated that the change would not amount to more than thirteen thousand pounds a year, and that not more than one hundred and seventy additional officers would be required, who could add little to the influence of the Crown, as they were by law incapable of voting at elections. He carried his Bill with little difficulty through the Commons; but in the Lords, Lord Loughborough made a decided set against it, and pointed out one most shameful provision in itnamely, that in case of any suit against an exciseman for improper seizure, a jury was prohibited giving more damages than twopence, or any costs of suit, or inflicting a fine of more than one shilling if the exciseman could show a probable cause for such a seizure. Lord Loughborough declared justly that this was a total denial of justice to the complaint against illegal conduct on the part of excisemen, for nothing would be so easy as for the excise to plead false information as a probable cause. It was a disgraceful infringement of the powers of juries, and Lord Loughborough called on Lord Camden to defend the sacred right of juries as he had formerly done. Camden was compelled to confess that the clause was objectionable; but that to attempt an alteration would destroy the Bill for the present Session, and so it was suffered to pass with this monstrous provision.
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