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The fact that the Attorney-General himself had been a main adviser of the Provisional Government did not make it easier to follow his advice to disarm men who professed disaffection to the existing authority. Mr. Birrell knew that if he took such action he could be attacked in the official Nationalist Press for having one law in Ulster and another in the South.
The remedy suggested by the Attorney-General is the appointment of additional circuit judges and the creation of an intermediate court of errors and appeals, which shall relieve the Supreme Court of a part of its jurisdiction, while a larger force is also obtained for the performance of circuit duties. I commend this suggestion to the consideration of Congress.
I told the Court I had been a Kerry magistrate for the previous thirty-seven years, and, after deposing to the earlier state of my property, I insisted that moonlighting and 'land-grabbing' were unknown terms before 1880. My examination under the Attorney-General was, in fact, too practical and useful to provide amusement for latter day readers.
Wilmot as attorney-general certainly had greater opportunities of advancing the cause of Reform than as a private member, and he and Fisher working together were able to exercise a strong influence on the administration.
Between the time of the instructions to the Attorney-General and that of the letter to Mr. Fox, President Harrison died, after only a month of office. Mr. Tyler, of whose views but little was known, at once succeeded, and made no change in the cabinet of his predecessor. On the last day of May, Congress, called in extra session by President Harrison, convened.
On the left, at a handsome desk covered with papers, was seated the procurator fiscal or attorney-general of the republic, distinguished in attire from the judges only by the fact of the ermine upon his scarlet robe being narrower than theirs. Opposite to this functionary was a bench whereon the witnesses were placed.
Every day he appeared at the Government-offices, and waylaid the Colonial-secretary, or the Attorney-General, or some other of the officials, entreating them to obtain a free passage for an old soldier, whose only desire on earth was to die among the bogs of Skibbereen. He talked incessantly of that beautiful spot, and swore that he loved it better than the Garden of Eden.
The attorney-general, James McPherson, was to conduct the case for the government, and the accused retained the services of Calhoun Benjamin, a great-grandson of the Benjamin for some time a famous lawyer in the reign of Victoria. It was not permissible for any member of either house to appear as counsel. The constitution required that the joint bodies should adjudge the cause.
Steps had been taken to foreclose the Government's lien upon the Central Pacific Railroad Company, but before action was commenced Congress passed an act, approved July 7, 1898, creating a commission consisting of the Secretary of the Treasury, the Attorney-General, and the Secretary of the Interior, and their successors in office, with full power to settle the indebtedness to the Government growing out of the issue of bonds in aid of the construction of the Central Pacific and Western Pacific bond-aided railroads, subject to the approval of the President.
As yet they were only occupied by the junior advocates, Sir Colman O'Loghlen and John O'Hagan. The benches at the right of the dock, and nearer to the bench, reserved for the Attorney-General and his retainers, were vacant.
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