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to say, that I told you that I required a few days to prepare myself, having come to Dublin, unprepared to go further, and I proposed to specify that time, but as you declined to enlarge our agreement, and as Dublin is not the place of embarkation, whatever time, the agreement allows will be taken by Mr. O'Connell in the south, exclusive of the time occupied in travelling. On his arrival at Cork, if a vessel can be procured direct for the place of rendezvous immediately, or in a few days, he will embark, but if not, he will proceed to Waterford, and if a vessel can be got there for that place, he intends to go by it. If any considerable delay be likely to arise from such conveyance, he proposes to go in the packet to Bristol, avoiding a journey through England at all, or as little as possible, for reasons before stated. Mr. O'Connell is to write to me promptly on ascertaining, whether it be probable that he can proceed from Cork by sea. If the opportunity be immediate he will go on without me, and I will follow, without a moment's delay, as well as I can. I am here nearer Cork or Waterford than at Dublin. As there is uncertainty, whenever seas are to be passed, and especially in a long voyage, in order to save you and Mr. Peel inconvenience, I beg to suggest that it would be better not to pass over to the Continent, until you are apprised whether a vessel can be had direct to Ostend from Cork or Waterford. As I shall not be there to receive an answer, I am at present at a loss how to convey this intelligence to you, as a letter to your house in Dublin, the only address you have favoured me with, would be too tedious, I shall, however, try to discover some way of doing so, if possible. Under these circumstances I have stated, I will lose no time in reliering you and your friend from the suspense which circumstances create in this unpleasant affair.
On the 15th of September Mr. Peel arrived at Ostend. The following note was left at the post-office.
Colonel Brown has the honour to acquaint Mr. Bennet, that having determined to wait his arrival at a short distance
from Ostend, in preference to remaining in the town, Colonel Brown has directed a person to call twice a day at the postoffice, for letters; and Colonel Brown will not fail to pay immediate attention to any note from Mr. Bennet.
Ostend, 15th of September.
On the 22nd of September, Colonel Brown received the following letter by post.
12 Argyle Street, Sep. 12th, 1815. Sir,
Mr. O'Connell and I have arrived here after some delay in the way. We are getting passports for Holland and France, which we expect this evening, and shall leave this to-night, or early in the morning, and proceed without delay. Learning from the papers that you are at Ostend, I direct this there.
On the 23rd of September, Colonel Brown received the following note from Mr. Bennet.
Mr. Bennet has the honour to acknowledge the receipt of Colonel Brown's note of the 15th inst. left at the Post Ollice. Mr. Bennet hastens to inform Colonel Brown that he arrived here last evening (after the Post-office had closed) leaving Mr. O'Connell in the custody of a Bow-street officer in London ; Mr. Bennet will meet Colonel Brown at any house he may appoint this day. Colonel Brown will please to make his appointment by a note left at the bar of the hotel.
Ostend, 23rd Sept. 1815, Hotel Cour Imperiale.
At three o'clock Mr. Bennet met Colonel Brown, and delivered to him the following note.
Ostend 23rd Sept. 1815. Mr, Bennet informs Colonel Brown, that under the circumstances in which Mr. O'Connell now stands, as communicated this morning, it is not his intention to proceed to the Continent. On the part of Mr. O'Connell Mr. Bennet has nothing to communicate to Colonel Brown in addition to what is contained in his note of this morning, save that he thought it his duty to make this communication in person.
From the above, it is manifest that Mr O'Connell sought to reach the Continent with the utmost expedition, and, that had he succeeded in his endeavour to obtain a passage from Cork to Waterford, he would not have attempted to pass through England. But with respect to that gentleman's appearance in this country, after he had entered into recognizance before the chief justice of the King's Bench in Ireland, himself in £5000, and two sureties in £2500 each; and, after that judge had informed him that he was bound by that recognizance to keep the peace within the United Kingdom, how could he have reason to apprehend any further arrest or recognizance in England, or upon what ground should he feel induced to conceal himself? When, however, he was apprised of the arrest of Mr. Lidwill, Mr. O'Connell did endeavour to conceal himself and his name, which was not known at the coffee house until after his arrest. But by the recognizance with which Mr. O'Connell was obliged to enter before Mr. Justice Le Blanc, he was restrained from meeting Mr. Peels challenge in any country whatever—and here, let us ask, if Mr. O'Connell had, notwithstanding such recognizance given Mr. Peel a meeting, what would have been the consequence had the duel been fatal to Mr. Peel. In that case, Mr O'Connell would have been triable for murder in England; and what would have been the decision of an English court of justice; Mr. Peel's abdication in Dublin of his privilege as a member of Parliament and a privy councellor would, we apprehend, have availed nothing in defence of Mr. O'Connell.
We have already stated that Sheriff Fleming had arrested Mr. Peel on the same night with Mr. O'Connell. After Mr. O'Connell had completed his recognizance before Judge Downes, that judge directed the sheriff to bring Mr. Peel and Sir Charles Saxton before him. The sheriff promised to seek after those gentlemen. Yet neither were ever held to bail. It was on the morning of Tuesday the !9th of September,
that Mr. O'Connell was arrested at Holyland's Coffee-house, in the Strand, at the moment when he was on the point of stepping with some friends into a coach, to proceed to Hythe, with the view of following the route of Mr. Peel, who was then supposed to be at Ostend. The arrest took place under a warrant from Lord Ellenborough, which stated that information had been given upon oath, before the learned lord, that Mr. O'Connell was about to fight a duel with the Right Honourable Robert Peel. On this information, Mr. O'Connell was required to enter into recognizances, himself in £1000 and two sureties in £500, first to keep the peace within the kingdom, and secondly not to leave his majesty's dominions until the first day of next term (November 6th).
The latter obligation of this bond, was considered by many lawyers of eminence as quite of an extraordinary and unprecedented character. Nothing like it was ever heard of before in practice, and no conception could be formed upon what authority it rested. It was only by a writ of ne exeat regno, ihat Mr. O'Connell could be prevented from leaving the country, and his enemies were by no means backward on this occasion in throwing out their imputations, that he must have known as a lawyer, that no judge nor magistrate could put him under recognizances not to leave the country, and, therefore, that, if he obeyed their mandate, it betokened rather a desire to creep out of the affair, under the supposed restraint of the law, in itself not binding, than by resolutely setting it at defiance, exhibit himself in that character, in which his friends expected to see him. It may, however, be asked, how Sir Charles Saxton and Mr. Peel wholly escaped those arrests and recognizances, which threw Mr. O'Connell and Mr. Lidwill into such great embarrassments ? Sheriff Fleming, of Dublin, stated, in the most public manner that he had arrested Mr. Peel upon the evening before Mr. O'Connell was taken into custody in his bed, but that he (the sheriff) liberated Mr. Peel without any recognizance. How was this extraordinary proceeding to be accounted for, and also, that whilst Sir Charles Saxton and Mr. Peel were allowed to leave Dublin, travel through England, obtain passports for France, and sail for Dover, without any obstruction or impediment whatever, Messrs. Lidwill and O'Connell were hunted and watched in every direction. Mr. O'Connell travelled, at least endeavoured to travel incog through England. On his arrival at Miford Haven, he and his friends were questioned as to their names which, in itself, was quite an unusual proceeding, and betrayed the vigilance of the government officers upon this subject. It was at a late hour at night that Mr. O'Connell arrived in London, and in the course of the following day, he and his friends had provided themselves with passports, and upon hearing of Mr. Lidwill's arrest, Mr. O'Connell immediately changed his lodgings, but yet he was traced by the police.
On Mr. O'Connell being called upon to enter into recognizances not to leave the country, Mr. Bennet set off for Os
Ito apprise Mr. Peel and his friend of what had occurred.
le meantime, Mr. O'Connell remained in London, as well
Mr. Lidwill, whose friend Mr. Prittie, the member for ipperary, also set off for Ostend.
In the meantime, the engine of the press was set in motion to give the utmost publicity to this affair, colouring every transaction of it with a dark or glittering hue ; accordingly, as it might suit the political purposes of the party. Unfortunately at this time, the party of Mr. Peel was in the ascendant, for whatever popularity Mr. O'Connell might have obtained amongst his Catholic brethren in Ireland, he was not yet regarded in England with that esteem, which he afterwards so abundantly acquireil. It was the opinion of many, that the whole matter might, and ought to have been differently managed; and to Sir Charles Saxton it was attributed as commencing a paper war, that the affair was not brought to a conclusion, without that notoriety, which it appeared to be the aim of the parties to give to it. According to the declarations of the magistrate, government did not interfere at all in the business, but that the discovery, and the arrest of Mr. O'Connell