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LbfROT —But are acting m a tc THE NORTH ...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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A Visit To The People's Faum By Pleasure...
for he then goes further . Mtf l «\ F ^^ 1 drawing or imagination when I a-k y-. ujnot to put any forced co Mtrnction on language but totrans late £ r ^ siraitliteraliy as it is written ? He says « Not tending t » a local legislature—not to MU . n H > i 4 iS ?« , D co ^ tltatmii-BOt ft golden Irak , or a f tf * lament , or a O ec * srcen chapel cf £± teS ^ sSS but an Irish R public , one and ? " ? V" ° . ^ : r ty that ia . uiua-B con-Jst-nt with tbe iSt ^ rf the aan ? Was it existent with r , A- ii " iefv rcmai i " -r , g Queen « f ihe Ums « d Kingdom tiTs - aWish sn l .-isi Republic one and indivisible H ' * was tais ll ? pub tc to ba established ? His av . iircd ofjeet is an Irish Republic . Thetaodibr which it wis to be cbtaiue I was hy himself anc k \ i countrymen meeting ia arms . He goes on to say : — Atid hon- .-r ? we to m ? tt that day ! In arras , my ceunnmen . inaras . Tiuj , anl n > : other-l-ie , bsvr ev . r na-ions of ra-a sprang to liberty and power ,
S 0 , < fcc . MrMiirh *! avo ^ -s fr his object an Irish Republic , one aid ^ nd ; visible ; he has av . iwed his scans / or proecritj" t : i * t nvsb ic by ' aypear . n-: in arms . Hehas iJ-o avowed the time a ? ' ttiespnr .-g M 'he ye . ir . I ta-nk , s 3 " '! le ; en , perhaps tbnt those words wr nit sunic cnt i y phin aud accordingly he say .-, ' I will speak m < r * - o'g niy * : — Tkirti is n w gnwin ? on tbo soil of Ireland a wc-tltb of crain »' . id r . ot ? , and cattle , tar in . ra men fcuou ^ L torustai ' uin . auicc-mvrt aU Die jtiDamtaniBof th-Island . That -seaiih wast notleiveusanotb-ryear , no ; Until every gr ; an of i : is fousbt for in cvtry stags , frcrn the t-. inr of thi shcit to tha loading of the s ! i p . Aud the * rljr : " necessary for that simple hCt 0 ^ seif-presCTvation will , at one aad tho BamebUw , pra ? vra e British dominion nni landlordism teg- 'thir . 'T--6 but the one & at ' of volitloa \ if Re resoive to live , we mafco onr coun
try free aad a sovereign state . What , cent ' emen , is a ire ) and sovereign sfa * p ae cording- Jo Mr Mitchel , but this ideal republic ? Might I ask you , insc-kr earnestness , as rati ) na > men . if . * > * r ilo ' . mes , who is to ML-w me , can pu any meaning on this lan ^ ua ^ e except that it w ? s a pieca ni advice to the farmer . ' , who are to reap the forthesmi- 'g harvest , that they should rise up in ar 2 s , uofscis themselves of the property of the couu try , establish , a republic , and make Irehrd a fr « -e and sovereign state ? The letter is then concluded as follows : —
"Will you not eira up your Isias for < his great national Struggle ind sf . nl tilth your countrymen tor life and land ! Will you , the sons of a warlike rf ce , tht > inheritors of csa ^ aering memories—wi'h the arms of frc > -. men ia « il your / . oan-s , and re ! i . s of tbe gaUsn . R publicans o- i . inc-ty-eii » ht to > ever baiorc y .-ur fje—™ u » you Btand f-JJ ' n * your ban ' s in helpless ' loylry , ' en-1 ^ h iie every nation in Cbristen ' oai is seizing on its bir Jjrigfct vri : h armed hunls , will you take patiently r ? itb your rato . iS'fyrllow meal , and your inevitable portion oie'ern * coa--. tu ? t 1 If this bs yonr determination , Protsstan'c of TJicter , the 3 make , haste , sign addrcs = es of loyshyand cosfidtDce in Lad Cicrendort . and protest , wi-h that Other lord , your unalterable auacameatg to' oar venerabl- institutions . * John iiucBEL . After some further remarks tbe learned gentleman canciuied by demav . ding ¦ • - verdict of Guilty .
Mr Chahi . es Vgusoy , R- »» istrarot iSewspapers , m the Stamp Office . —J . n < Vee e . Tax Collector , and t'vo Police Constable , 99 C and G 5 . proved ih- ? proprietorship and publica-. ion of the United Ikishmas , and Mr P . G . Ba b ron , magistrate of tbe county of Limerick , proved the attendance of Air Mitchel at the Limerick soiree .
THE DEFENCE . Yir II-U 1 IE 3 rose to address ihe jury for the defence at a qaarier p * st Welre o ' elccfc . He said—May it please you- io-dshipa , aud gentlcmeB , I nn cnur sel for the prison-: !' , J ihn Mitchel ; and I sm wed aware of the im p' r : ant du'y w iich devolves on me this day , as coansej for thai gentleman , and also of my inadequacy t 3 discharae that du : y ; but I will avow , that 1 f ,-tl pride at bd'Jg selected on this occasion by . Mr Mitchel , because I beiisve in my heart tbat he is an honest man , sincerely a'tached to the princi ples be avows—snd no d"ubt which he avows boldly—and sit & iaaa the gorernaent of this conntrv may fear him , or h ^ te him , they cannot dtspise him . In this cas ? , sentiemen , the prisoser , John M'tcnel , stands charged with , two distinct ofrincs—and it is ? o ;
nrvhat remarkable that , in support of those two distinct ( ff rx-s , the s ? . uu identical evidence ia < jivea to suppnrt both . Tne At'srnej General will be very well eatisfiel , no doubt , if » ou j ; ive your verdict on both er either charges , or for anything , like the foreman of the g ' ind jury who f mnd tbe hi is . The foreman of the { . ritid jury , semUmeo , hsvin ^ been a .-ked if the jnrv bad fonuf hi h against tbe grisiner . ' Oh , je ? ; Vfe find him cuilty of sedition . ' ' Gentlemen , ' " sai'i the officer nt the c mrt , * he is noi indic £ ed for sedition . ' Wei ! , ' -aid the foreman , ' we fini him goiltv ef treason . ' ' Bat , s-eD ^ emw ! , asain in ^ r .-upted tho ome = r . -hecba ^ e againitMr Mitchel is for felony . ' 4 , C 9 ruatror . ' sH'd tho foreman , ' sedition , treason , crfehmv , it ii all the same to ns , ' and eo with the Attoroe . G ^ -jeral , it you convict the prisoner , that i ^ all that he = "rants . Gect ^ rnen , as rbe coart will teli yon , the qie-tion in this case is not whether Mr
Mitchel may h * Vd coEi"u ' tted in these publications other offences ; if you th nk hici guilty of high tressnn , yon ou ^ ht not to finw him so , for jou mus * . believe him guiitv o ' oneor bo : h of the charges mads against hjpn , or Sad a verdict of acq-Jirtah The first charge is , ' that he c 'mpassed , imiiiced , invented , devised , or intended t ^ deDrive , or depose , oar most graci-ma Sovereitm : -he Q , Jeen , from the style , honour , ; , r rsyal name of tha imperial crown of tu « United Ivin ^ dnm , ' and that this was evidenced by overt asts of his , namely , tne pub ! cation of the dflvrdat articles in the newspapers that were read for you . No * , really , I say hi very dull , but , I do not rkhiiy comprehend this part of tbe Act of Parliameat . ' or raeatiin ? of the vrords , t . cepo ? e tha Q , < ieen from the stsle , h ^ n ' -ur , or riiyal name of tbe imrcrisl cown of ' ihe U-i ; tid Kingdom . ' I can underitaud deposing the Q ,- ; . ei ; n from tbe throne perfectly well . I can understsnd an
attempt mace on the life of . the Qaeen perfectly wel ! , or expellins her from her domicions ; bat 1 do not . for the life of ms . know what it is to ' ' epissher' frtm the style , honour , or royal name of ths imperial crown of the United Kingdom . ' It Mr Mitchel was indicted upon another section of this statute for ' intim'dittim both ot either Houses of Parliament , 1 could UDd ^ r .-taad tbe evidence h ? re as applicable perhaps , if it wrre alleged that by si doing he got them tn pass an act to increase tha Irish representatives from one to two hundred , bat I cannot under-Etind this charge , far uotwithstanaiBg that he did ' so , the Crown would n-it be affVcted in the least * in the eiyl ? , honour , or royal name of the imperial crown of the Uoirei Kingdom ; ' sha wcu'd ttid be ns she is , and have the same title . I am not accusins ths
Attorney General of a blunder in drawing the indict- men ., for he has followed tbe act , but we must fcavs acts of parliament tbat we can understand , and 1 defy any man to understand wha-, it is tJ deprive her . Majesty of ths srvie , honour , and roysl name of tfee xapwial erorrn of the United Kingdom .. The importance of this consideration would " appear from the first sec'ion of the article , which declares— ' that from the 1 st of January , 1801 , the kin ^ doa of Great Britain aad Ireland shall ba for ever united by the name o the United Kingdom of Great B * . tain and IrolaD ^ , and tbat tha royal style and title appertainms to tbe imperial crown ef the United fiingdom , and all the armorial bearings , & c , shall be Buck as his Majesty , by hisroval preclanm ^ . under the great seal shall - . ppoint . ' N t ~ , I cm understand
anytmrg done to derive th ? Q .-eeQ of herti-le of Sovereign ot the United Kh ^ orn ; bat , as I = a'd before . I cannot understan ; d-privin- '' her ' of tbe style , honour , asd royal name , ' as ' aV . in this indictment . What the deprivation is I c ^ nnoi C 3 m- ; . r ; - hend , therefore I cinnot nnd'Tstatd this charge agamstthe prisoner . What is the otlu-r eiiarg ? ? It is ' advkina or intending to levy war asainst her Ma je ^ ty , her heirs or successors , iirin ^ i 3 any pari ofih * United Kingdom , by force or crmsiraint , to compel her to change her measures er councils . ' What measures ? Wh it councils ? Is there the slightest evidence here « to what meaiure = i orcouuciUtheiepublications purported to change ? Are yen , sentJemen , S 3 a jarr , to srope in the dak ? Ara these publications calcuktod to force the Qieen to alter her
measure < with France or America , or any otber cnuntry on thsface of the earth ? < fhat the measures are tha prisoner wanu to change I caniot understand ? What have teen the measures of this session of parliament for tne improvement of Irel and ? The Poor Law . T . iat is the only measure I know of , and ha-Mr Mrcbel endeavoured to change it ? Not in the le « t ; therefore I ask my learned friend , the Attorney G » nsral . or the gentleman who will follow mcfor the Cr . iwn , to tell you , oa your oath ' , rrV ^ t course or measure it is ray client has endeavoured ' by advisinc tbe levy of war , ' to force the Queen to change . I would be glad tf > bear , even now , if the Attorney G ' -neral would condescend to inform me . I have no objection to let him mend his speech , if b y doingso he can tell you any measure er council Mr Mitchel endeavoured to oornDfil her Majesty to change by trying
to levy war . Gsntlemen , this is a criminal case , and Itisiaeambeni on those who make thecharse to prove it a * clear as light—to prove a , specific offence ander the statute . The Crown , I admit , have done all they could—they have followed the Act of Parliament , but they have nut proved that Mr Mitchel has tried tilery war against the Queen— ' to compel her fay constraint to change her measures or councils . ' I put it to your lordships that , under this act , unless the Crown prove a specific measure or council th ~ . t theprisdue .-w - . tare ! ' to have changed by theee publications , he is ent tled to an acquittal ; and , therefore , I app'v my & elf fu . ther to the ease—I would wish to have your lordships' opinion on tho subject as to what is to fw left to the jury . If your lordships donot whh to interfere at this stage of the triaS , I will , of course , proceed .
Baroa Lefsot . —Whatever the charge is , appears ^ tf tKctri , and the court will refer to it . -inf * i " ' !' ooatinaation . proceeded to observe , mil tne learaed gentleman tell the jury vrhat mev fares—what councils are toose laid u U ; jActof
A Visit To The People's Faum By Pleasure...
Parliament which Mitchel has conspired against , and UPOII Which , if you convict him , he will be transported for life ? Will he leave the j ury in that state of uncertainty ; and if he does not think otherwise , it will be my duty to go fully into the case . _ It isn it my duty here to tell you , gentlemen of the jury—and if I d d . yPU would not believe me—that there are very strong exp ressions used by my client in tho ^ e publications . There are . and he avows them , and many of those expressions I aho avow , and I ivant to try lir ' s case of felosy between the crown and the VCUSf d . Which I Ctn-ot do wi-bont calling yoar
sttentj-in to someib ' ws of tho history and thtf present -tate of Ireland , and with that view I tell you , in the first instance , that Ireland is an enslaved country . A great mistake is entertained by many persons to he effect tbat there cannot be slay-ry—tbat eo man can be a slave unless h » be iu chains , or subject to th'ilasbof the n- ' auter like the negroes ; bnt the -lavery of which I speak is the slavery of the people , which consists in thK that they co not make tbeir . iwn laws themselves—that they do not make the laws by which they arc eoven ed , but that those laws sre made by othfri . and 1 say it boldly , that a people so circumstanced are in a state of slavery .
B-r . m Lefeoy said , the court were very reluctant to interpose , bnt the cour ? e pursued by Mr Holmes was calculated to embarta ^ s them in the situation they occupied , by introducing objectionable patter . to whicn . if thev did tot , express their dissent . it might make them liable to th * imputation of having ap-; iT 0 veu the lino of argument advanced by Mr IIo ; niss . Mr Holmes —I am tho last man to press upon the -ourt that wliieh I bad not a right to do ; end 1 think it iropi-s : ible to do justice to my client without doini jus'ice to Ireland also . ( Loud cheers . ) Biron LEfRor called upon the Sheriff to give orders thai persons wh > would again create disturbance in the court should b 3 taKen into custody . Tbe learned Baron commanded tbat tho person who would commit susb . a breach of public decorum ¦ ihiuW bs instantly reported to the court , and it w . uld balm dutv to commit him .
Mr Hf . LMEs—The Act of Parliament under whicn Mr Mi : chel stands at the bar does not _ prescribe one punishment , it miiht be of two years' imprisonment , or eevpn yeara' transportation , or transportation for life , and if there should be a verdict of conviction , is it not important to show all thecsreumstarces of the e ise , and the provocations under which my client has ae'ed in those publications ? I thick it quite essential t- > his ca < e , and with that view the line I have prescribed f < . r myself is quite necessary for bidefence . My clien t" may be guilty of f ; lony ; but , I siy it broadly and biidly , tbat England is tho cause ot ' theoff-jncsof which he is accused , and I will de monatrate it . I care not t > y what means you have
been impanelled . I address you , because 1 believe you to ba honest men and faithful Irishmen . Take nothing from me ; I wili state upon high authority : — ' What does the librny of a people consist in ? It consists in the right and power to make laws for its own government . Were an individual to make laws for soother country , that person is a drspot , and the peoDleare slaves . When one country makes lawsfor another country ( a ^ d that England is miking laws for Ireland I will demonstraie , by which Ireland is enslaved , ) the country which makes the laws is abso luteiy the sovereign country , and the country for which those Saws are made in a state of slavery . ' I •^ ive that upon the authority of an Englishman —an honest man in his das—Blackstone . And what does
be say ? On constitutional questions he wili not be su .-pectrd or accused of being too much in favour of popular rights ; he . « ays : — ' It follows from the nature and constitution uf a- dependent state , that England sh » uld mike laws t « r Ireland '—( . treating Ireland a & a conquered country , he is aruuing that England bas a riirhttod'iso ) ' Ireland '—that is a conquered country—' ^ onqut-red . planted , and governed by England , it mi ,-: ht be necessary that it snould be subject to such laws as the superior state thinks proper to prescribe . ' 11 speaking of this country , Ireland , he ( Bi-ackstuEP ) maintains tbat because Ireland had been aconq iertd c ' UPtry in his days , Ireland of the present time , am ) for posterity for ever , should be bound by such liwsas checoi ; querir ) g St . 'i ' e thinks pioper tomf-k-t-r her- Accordingly England ,
except for aperitdof eighteen years , did make laws f ; -r Ireland . Tnere was ace ' ebrated statute , called ' Piiynian ' s Law , ' pa-sed in tbereian of Henry 8 : h , by wiiich it was enacted by tbe English Parliament that the Irish Parliament ahnu'd net hare thepuwer to pass any law for Ireland until it was first , ap proved by the K-ng and Parliament of England : and at a later period in the reign of George lit , ai « nt was pa ? sed d'C ' . 'irin ? expressly in wc-r . ls ibai England al-mp bad the nuht to make laws for the yovernmeni ol Ir ^ iand ; so that England , by that law , declirci that n" law could be passed for Ire . fond an / ess they / x >** H . ? t- < l if . but that the Enzlisb Parliament a ^ orie ban t . l > e power to make those laws . I question will the aWlawyer who , in the course tt i . is eloquent ? ddrp-s pu » questions to me , deny th '
accuracy of what I fcU'ft . Lst him controvert it i " he can—that . dtiwn to tbe present time Ireland ha : b . en de & rived of the power of making laws for her self . Ithapp ? n- d that some years after that a bndy of men appeared in Inland , armed iren—the glori ,. ui volunteers ef 1752 . At that time the Parlianvnt of E-iaknd fir a while did justice to this country—they repealed that aft < . f I ' aniaroent declaring thas Ena'and had the rh ht to bind Ireland , and declared solemn ly h y that act , ps ^ Td in 1733 , and from thacperiol E-. gland announced tbat Ireland bad tbe power to make her own laws , and that the King , Lords , ar-d Commons of Ir > land , ard r . o other had power tomaheia * s to bind Ireland . After that sottma acr , in eighteen years—in less than twenty years—thr Act of Union was carried . 15 a
that act of union , Ireland is said to he represented ir ihe E'j _ li .-li Parliament by 100 members , whilst th-English P . irli » Tnn : t iscompused ot 500—five mus hers t > one . Do ? a Ireland—will thelea > ned and ab ' i ' uentieman , the Attorney-General , n ; : w say—makt laws for Ltr-clf ? There Lever was in the history r >< nations so fl-ti-rantari act as * he passing of the Ac ; of Union in this ciumry . What wa * the Irish Parliament then chosen to do ? To make laws , or ordinary laws , and it hid no more rfeht to delegate its powers for that purpose—it had no rk ; ht to surrender the solemn obl i gation committed to its char ,- . eby tbe people—to cunavire with tbe English Parliament to annihilate itself , than I h . < d . What would be
said of the Eoglish Parliament , should it delegate its authority to make laws for England , or to cbaopt anything at present existing and make an absjlutf stite ? She would have just the same ri ? ht to d-j po as the Irish Parliament had to destroy itself ; and I say it boldly and broadly , as a man , that the Act of Union is only bimiing as a thing of pxppdiency Men will often submit to a certain order of thinv L rather than run the rhk of subverting by force «>( arms the state of things as established . No man upon slender grounds should endeav . mr to subven the order of things ; but it i ? the right of an enslaved country , and lh = s Jaws cf Providence approve tee ri'ht , to arm aad right itself . What man would
live—Barnn Liraor . —Mr Ilolmes , we cannot listen to this . You teach these doctrines to the people for the publication nt which the prisoner stands at the bar . We eaou 9 ' . ^ ufftr the case of tbe prisoner to be put to the jmy fm n -e- ' o . t ie subject of repeal of the union byt rcei-f a-ms Mr iloi ' ttta . —I will mate it appear by tbecondnct of England , and w ; t * i respect tci tais very qaestion ot repea ' , 'hat Entbtd has t-cen tt e caus .-f of the present state of this country . The E-iviisn ministry , bv tl-is very question » f repeal , has nr ..-ua » t this country into the unfortunate e'ate iu which it now in By their duplicity on this qu . stion thej ar-i the tui ty persons and notmy clienf . On this question , with respect to repeal , ij bas been agitated for seven *! years in
thicmntry . Mr O'Connell , vrhoaa powers of mi * d and great popularuy we sll know , hgatd d the VVtiip and Tories :, f or years on this v « -ry qucati-m , and at 'he same time the srovemrrji-nt wtre determined that tb > measure should never pass . They d ^ da'ed itahnu ! .- " not pa = 3 ; that tbey p . ^ uld preferacivil war ; and yt >( t -at same government suffered Mr O'Cnrm & U to agitato that question for years . Was that weakness , « r guilt , or Oath ? In the year 1831—1 believe thenwas a Whig ministry tuen in vower—Lord Ah hon said , in reference to repeal : — ' Is it not evident thai repeal busc produce a separation of the two conn tries ? I trust that those persons engaged in a conrs-i so dangerous to the poace and prosperity of the conn try wilf not Miccei-d , but if they do it must be by a i successful war , and I know that most of my country
nien { uie ^ ninu t ; ie English ) feel assured that such an event would be attended with complete success '—th & i is Lnrd Aitborp ' s countrymen would vanquish tb > Irifeb , aud prevent th ^ Act of Union from beinn repealed , lie stated that the repeal of the unior WOildend in separation—that he wuuid prefer a civii war , and hit countrymen would be victorious in thai war , and a ' ter that declaration was made the presen ' prime minister and bis colleagnes suffered that question to be agitated in this country in the manner wr all know . I say , if it were an honest resolve , am , that repeal would lead to separation , that he prefer , red civil war rather than suffer the act to be repealed , theysbould have passed an act of pr . r iaraent making it high tn-ason to attempt a repeal ot the union That would be a bold step , I admit , which no mar cmldjustify , but it wouldbe an honest , opm , ami t bold one . We could have understood the thing ; but
they suffered the man to be entrapped into what Cue } now complain of . They permitted a struggle fj , repeal , while they themselves were paries to and continued the agitation of a measure which thej asserted vt-ouH end m separation ; and thtir last act is the prosecution of an unfortunate Irishman foragifating tbe question . It might be asked , van there any pr . ? secutien for tbat ? Thera was a prosecution . Th ? y all knew the fa * e of that prosecution , and that it ended ia the defeat of the Crown . Mr O'Connell survived it . lie gave the agitation a magic meaning ; he called it « moral force , ' and was suffered to agitate the qaestion , which be did to the last hour of his life , in this country . But , although the Wnig government foresaw that if granted it must end in separator . , they made no law against attempting to repeal ir . Nay , more , they restored Mr O'Connell , the head and leader of the ag itation , and several other Repealera
A Visit To The People's Faum By Pleasure...
besides to the commission of the peace ; and yet now they say it is an effenea under this new act of parha ment to deprire the qneen of the style , title * nd royal name of the imperial crciwn . He ( Mr HvilmeB ) weuld say , and every man must agree with him , that the very government that had instituted this prosecution bad been themselves the greatest cause cf bringing this country into the wretched stato in nhich it was . His client mic , ht be statutabiy guilty , but be bslieved they were morally guilty . It wa * hid down distinctl y by Blackstone , v i , p . 147 , that tbe pe-iple had a right to have arms , and to use arms against OPpre 83 Wn . He Was not wantonly or wildly broaching dojtrines of m ' s own , but was addresaihjr them on constitutional grounds and principles , and ccuid refer
ta hig h aulhorities and historical fads in support of every word he uttered . They found this due rine nf Mr Mitchel and of Others was condemned by the huh and the wealthy . There are ruen—aud they are chit-fly to be found in what are called the better ranks of society—cxcelbnt men— reliuious men— . moral men—kind own—and it all mankind were like them , they would h ^ e no snch thing as liberty in the world . Peace in th ' . 'ir time ia tbeir first prayer ; and tbeir highest aspiration to enjoy tho eood things of this life . Tbey were consoled for the misfortunes of others by the tefhc ion that the 'offerer here "iras only in a state of trial , on his passage to another world—tbat other world whe-e the tvranfc must account for his oppression , and whe-e
the slave would ba relieved from bondage . Oh , Ii eland ! Ireland ! Ireland ! thousands , and thousands , and thousands of thy children have for ages been obliged to look to that other world alone for a release from their destitution . "Were the noble Lord Lieutenant the btst of the good , —were he the wisest of the wise , —were he the bravest of * he brave , —he could not long maintain a connection between Great Britain and Ireland under a common crown by the gibbet , by the gaol , and by the eword ; the laws of eternal justice forbade it . Howwa ; that ctn nection to ba maintaiced ? By justice , —by { riving to Ireland her rights , —her rights by nature , a t d her rights bycompact . by givingtoherherown par lament , irulv representing the interests of the peop le . By
giving to Ireland those they might have the two countries united for ages under a common Sovereign , by a community of icteresfs and an equality of ri ? ht 8 , by mutual affection and reciprocal respect ; but if for that was substituted a connection founded on the triumph of st-renefh over weakness , tbey would have jealf . usy , and distrust , and rear , and hate , and vengeful ( noughts , and bloody deeds , the sure and never failing proofs of injustice . Let them give to Ireland her own parliamt nt , —not the parliament of 'S 2 that was a rae'ejr light which flashed across the Ian ' , —it was adecp tive vapour , which quickly vanished . Ireland wanted p fixed star , bright and resplendent—the CTdial influence and reflecting radianco of which might be seen and felt in the glorious union of liberty , happiness , and peace ; but it was urged that if they did that , it would lead , as Lord AuAiOTphadsaid , to separation , and tha-. Irebind would be erected into a separate independent
state . And suppose it did ; who was to blame for that ? England ! What right had England—what right had any country to build its greatness upon the slavery , degradation , and wretchedcess of another ? Let them strip the case of fhe disguise with which ambition , and crime , and the love of power , bad invested it , and what tne sophistry of con qoeroH , and princes , and courtiers , and lawyers , had cast around it ; what , then , was it ? a str . mg mas , because he is ssrong , insults his brother man . because his brother man is weak—the slave strujf . gles to be free , and tbe enslaver kills him because he atruegles . That was British conquest and dominion in Ireland—that was British legislation in Ireland . He called upon tie jury , in conclusion , as they valm d their oaths , and as tbey valued justice and public good , manly bearing and personal honour , and as they loved tbe country of thtir birth , to h ' nd a Verdict of arquittal .
MrllENN replied on [ the part of the Crown , and contended tbat the counsel for the prisoner h » d not touched upon tbe re * l merifs of the question be fore the jury . The charges in the indictment were UO , aild they could not have any difficuUy , he thouubt , in understanding them with the assistance of the judge . The jury then retired . At a quarter past six o ' clock , the jury having then been two hours in consultation , the judge direct , , d die sheri ff to icquire whether tbey had agreed to their verdict . The foreman replied in the negative , but added chat there was every probability of their coming to a decision in a short time—perhaps within an hour . The learned Judge then retired , and intimated b : s intention of returning into court at a . quarter past seven o ' clock .
THE VERDICT . Shortly fifter seven « i ' c " ock Mr Justice Moore entered the court , snd the jury Laying been called , and asked whether \ hey had agreed , The Fuieman amidst breathleis silence , handed down the verdict . — ' GUILT Y . ' Ut > on the announcement of the verdict , the prisnntr ' a "ife threw herself on the shoulder of her bushand , who Stood near her in the dock , in anagonyo ! i-riet . Several ot tie pri oner ' s friends , including Messrs T . F . Meash . r , T . Devin Reilly , the Rev .
FatherKeny < n , Di Gray , MrDjheny . MrJ . Dillon , & c , then came forward to the dock and gave him i . pitting shake of the hand ; but before these evidences of sympathy had been concluded , Mr Baron L * froy called on the police to clear tbe passage in front of the dock ; stating that the conduct of tbe risoner s friends was calculated to disturb the order > nd propriety of tte court . He then directed that the prisoner should be removed and brought before the court at eleven o ' clock to-morrow ( Saturday ) morning , to hear his sentence pronounced .
Shortly before the jury had pronounced their verdict , some person ran into Green-street and announced to tbe people that there was no probability if an agreement . This declaration was at once caught up , atd deafening shouts of applause which lasted several minutes , followed . At last the police received orders to clear tbe otreets , but the moment these oiders were [ iiven tbe people dispersed quietly , When the reality of a verdict of guilty became known to the populace they began to depart in g l'jomv silence , and at half-past seven o ' clock tbe s-tretts in the neighbourhood of the prison were e ! e * r of all except the police , who still remained . A Imost all the shop windows in Cupel-street were immediately closed when the news spread abroad . The police were marched off shortly after , and some of the jury left on foot , others outside , and some inside cars . Tbe foreman was escorted in a covered vehicle guarded by three policemen to his residence .
THE SENTENCE . Satckdat , May 27 » b—At five minutes past eleven o ' clock , the judges , Baron Lefroy and Mr Justice Mfiore , took their seats on the bench . The Clekk of the Ckgwn . —Gaoler , put forward John Mitchel . Mr Mitchel was here placed at the bar , where he stond in a calm , firm , and manly attitude . He was warmly shaken by the hand by his friends who were about the bar . While his friends were thus testifyin ? their respect , sympathy , and affection , Baron Lefroy called out in a peremptory tone , — ' Keep order in court . ' Sir G . O'Loohlen , then addressing the court , said , if your lordships have no objection , we would wish to j have the verdict of the jury read by the Clerk of the CY-wn . The Clbhk of the Crown . —The verdict is '' Guilty . '
Sir C . 0 ' Loohlen . —What is the issue paper ? Rsad thei-sue paper itself . The Gurk ' -t the Cruwn then read the issue . It stated th . a tne jury weie to try whether John Mitchel was guilty or not guilty of the charge on which ho was put forward , and that the verdict returned « as ' Gi ilty . ' Baron Lefrov then looked over tho indictment , ; iud said—We have called on this caso first ibis morning in order to give time if there should bs , tither on the part of tho prisoner or of the Crown , auy application to be made to the court relating to it . It ia , therefore , tbat we have had the case c-illed on first , and we shall now proceed to dis . posBOfit . The Clerk of the Crown ( hen asked Mr Mitchel if he bad arything to say why sentence should not be pas-ed upon bim f
Mr Mitchel . —I have to say that I have been found guilty by a packed jury—b y a jury of a partisan sheriff—by a jury not empannelled even according to the law of England . I have been found guilty by a packed jury , obtained b a juggle , a jury not empannelled hy a sheriff , but by a juggler . The Hion Shxhiff . —My lord , I claim the protaction o' . th . 'cmvt . Mr Mitchel —That is the reason I object to sen . Tencc btii . g passed on me . Baron Lkfrot . —Toat imputation upon the conduct ' . f the sheriff I must prcc unce to he most unwarranted and unfounded . I Mate this , not on my own opinion alone , but on the opinion of two indifferent gentlemen on their oaths , who were chosen and apvuiiited to examine into the matter , and who have declared that tho panel was an impartial nanel ,
fair ' y obtained and formed . On their eathsthey have found it to bo so . Therefore the sheriff , far from being subject to tbe imputation cast upon bim , has done his duty in the case . John Mitchel , I cannot atthooutset but express my regret—regret that , I am cure is shared iu by my brother judge—that a person of your cendition should stand at the bar under the circumstances you do . You have been found jiuilty on tbe indictment charging you with feloniously compassing , imag ining , and intending to deprive tbe Queen of the style , title , honour , and royal same of tbe imperial crown of tha United Kingdom ; and with having given publicity to that intention by publishing certain writings in a public newspaper , published by you , and called the Uwren Ihishman . There are other counts on which you have been also found guilty . You hare teen foaad
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guilty of the felonious intent aed purpose of intending to levy war against the Queen , for the purpose of compelling her by force and constraint to change her measures and counsels ; and that those felonious intents and purposes were manifested in publications put forward in ycur own name in the same newspaper . These are the charges for which you were put on your irial , and of which you have been found guilty . Tho evidence waa furnished by youreelfin publications coming <> ut of your own hands—deliberate publication ? , issued at intervals of time which gave you full leisure and opportunity to censider what you were about , and to reflect upon what might bo tilC Consequences of your acts . Trjo case turned upon the meaning and iatet-prelafcion of those pabUcations . The meaning and intention was clearly furnit bed by yourself , aud enwo lmm yourself , just as the publications themselves . The meaning and intent waa collected from the language of the publications tbem ? elves , net confined to one , bat to be collected from the successive publications , so as to leave
no doubt apon the words interpreted by yourself as totbe meaning and intent of these publications . The very ftble counsel who defended you was not able to offer any other interpretation of their meaning than that wnicfa is assigned in the indictment . Upon this evidence , therefore , thus furnished by yourself , the jury have found you guilty . With that verdict , therefore , however you may be advised , or think yourself justified in calling it the verdict of a packed jury , thus imputing perjury to twelve of yeur countrymen , deliberate and wilful perjury . — Mr Mitcubl . —No , my Lord , I did not impute perjury to the jury . Baron Lefrov . —I understood that you had stated , in arrest of judgment , that you had been found guilty by a packed jury , Mr Mijchel . —I did ,
Baron Lkfiuiy . —I shall make no further observation upon that ; but I owe it to the jury to state that upon the evidence furnished thus by yourself , no juror who had the slightest regard to the oath he bad taken could , by possibility , come to a different conclusion . What ground of doubt was even suggested with respect to the effect of the publication by your-elf or with respect to the interpretation and meaning qf these publications ? As I observed , not evr-n yuur own able counsel was able to suggest a doubt or meaning different from what is imputed to them . Nj , not even to suggest any apology which could be at'endtd to in a court of justice , but an apology amounting to this , that you had a right to viob-ie the law . Well , then , with the verdict establishing your guilt © f the offeoce stated upon the face
ol this indictment even yourself cannot fairly quarrei ; and now . what is tbe nature ef the offence of which yon have bren found guilty ? If not tbe greatest offence , it is near ; . kin to the greatest offence which ar . y subject can be guilty of towards his Sovereign or towards his country . By the Jaw of England , up to a lato period , the offence you have been found guilty of was high treason . At the present moment , both in England and Ireland , it is a treasonable felony ; and 1 cannot but hope , notwithstanding the deliberate perseverance in the course which unhappily you have been pursuing , that you may yourselt one day or other be struck with the awful consequences , tbe awlul results to which that curse must of necessity have led , if it had not been checked in its progress .: Surelya
proyisionalgovernment is tiken from a bowling mob—surely a practical enforcemen' of your arguments , enforced by a hundred thousand pikea , must have been attended with most desolating ruin to your country . We ! J , then , independently of tbe nature of this crime , look at the circumstances connected with it I will not go into any extraneous circumstances , but look at the circumstances which were brought before the court , and to which we could nat shut our eyes , connected with this offence . It originated in a speech . Well , great allowance might be made for a speech delivered under excitement , and , though tbe time and f-lace were oadly choeea , upon an occasion where excitement would do more mischief perhaps than upen a more sober occasion—it it even rested upon tbat , there might be great allowance and great apology . But
after time for deliberation you thought fit to publish that speech , so full of exciting and objectionable matter , so charged with these felonious compasHing . 8 and intentions which are stated in tbe indictment . You thought fit to publish , to take away from it a'l apology of momentary excitement , to t « ke away from ir . all apology of limited effect . You put it into a condition calculated to give- it circulation through every corner of the land , to diffuse the poison through every excited mind in the whole country . The law m :. kes , even upon the matter of high tresson , a great distinction between words upoken and published . You deprived yourself of every mitigation which tbe J . tw allows , and of every favourable distinction it has p stabished as between words spoken ai . d published . You publiphed deliberately the first article , upon
v ? b job . go much has been lately snid that it is quite unnecessary for me to recall or reiterate tbe orj < c 'ionable passages it con'ains to sustain both the one count and the other . But upon cnpiirirg the two publications , the first of the Ob o » May and the second ot the I 3 tb , this observation arises—that whatever possible mitigation might arise from the tenor of tbe first , or from anything orcurring on it , has been effectually withdrawn by you and done away with in the s'cord , The second , which was at an intuval ol another wet k leaves it utterly imp ssib'c for the greatest stre'ch ofing < noity or the greater perversion of interpretation to protect you . Upon the second the chaise is—and we have it expressed hy ytuvrslf—an intention to overthrow the monarchy and establish in its place a republic . To render
distinct what wasperhiips vaguely txprtni-ed in the first you have published the second doiunifnt for which you were indicted . Tho first contained matter which perhaps might have bten , and would no doubt , if the case hid rested on thac alone , have bpen a circumstance of mitigation , or at , least an apology for tbat publication . You have in it diccjaimed the intention of a war of plunder and cspas sination ; anditwssa disclaimer wnhh would bavo been to your credit and to your advamaje , ifrou had left it to be made use of on your behalf . But what apoears in tl e teeond publication from tbe man who disclaimed a war oi j >] u"der and assassination ? You tell your countrymen in the second ubliration , altera preface , that you were going to speak plainly , — ' There is now growing on the soil of Ireland a
wealth of grain , and roots , and oatt'e , far more than enough to sustain in life and comfort all the inhabitants of the island . That wealth must not leave ua another year , not until every ftrain of it is fought for in every stage , from the tyint ; of tho sheaf to the loading of the ship ; and the effort necessary to that simple act of self-preservation will at one and at the same blow prostrate—British dominion and landlordism together . ' Now , how is it possible that advice could be acted upon without , of necessity , leading to plunder , to tbe violent taking away and withholding , by force and violence , the property jnrtN belonging to others , or withholding it from them bv force and violence , by the use of arms ? Thus it is , then , that you appear tram one stage to another to have advanced in a bold , nnd deliberate , determined
opposition to the law , in language moi e and more un . measured , more and more mischievously txciting . I do not exprees my self , ~ at least , riich is not , my purpose—to hurt your feelinc- , but ' merely to discharge the duty which is now cast upon the Court to admeasure , in proportion to the natare of the crime , tho punishment which if may be our duty toiiiiih't . I * i " , therefore , that I have , of necessity , stated atronj-. ly tbes « passages ot that publication , and the roanntr o : th- ra , and the perseverance of them , and tbe doliberdthn of them , as the grounds by which we are bound tout awe our judgment , and to di-charge the solemn duty wo ow to the law and the pub ic , and the peace and we'fjre of the kingdom . But has there been in ihe cours" of this trial aiu-mpt' d nny explanation , any inierprcta
tion , any apology , for these publications , or anything tending to raise a doubt of bearing the infcerpra . ation put upon them by tho indic'ment ? In adverting to the course taken for the defenca we desire—and I especially desire it to be understood ihut tbe observations I am about to make , and in which I am f l lowing up some of the observations in the charte of my learned brother , in every word of which I concur —in tho observations that I am about to make on tho line of defence that was adopted , ! make them not to aggiavate in the least tke punishment it may be my duty to impose , any more than it aggravated the case before the jury . But I make these observations respecting the line of defence that was taken in order to mark its irrelevancy , and with a view that the
court may not appear to acquiesce in that line of defence . We felt it our duty not to put a stop to it , but to interpose with a view of reprobating and cheeking it as * line of defence wbicb , in onr judgment , was not warranted by the privilege given to a prisoner , far his dvfence , and which , as it was too plainly shown , W « no injudicious an it was injurious to the piisoner . No interpretation offered—no im aning ascribed to tho ? e publications—nn ( ffort made to show that yon were not guilty of tbe offence impuied to you by the indic'ment ; but a line of defence was taken which not only implicitly but expressl y stated that you might be statutabiy t-uiity , bus tbat you were yet justified in what you did . The court , though we did not stop that lino of defence , yet desired
to—Mr Holmes . —My L ^ rds , with the greatest respect , what lsaid was , that though he might ba statutabiy guilty he was not , in my opinion , morally guilty . I repeat tbat opinion now . Baron Lefroy . —I should be glad to find that I am mistaken al > o ; ether in my view of the drift of tho remark , and I should bajxtremel y vhA to adopt the conviction . I shall say no more upon that point . I only adverted to it in order toshield the court from the possible supposition that we sat here and acquiesced in a line ot defence which appeared to us very lilt e short of , or amounting to , as objectionable matter as that of which the prisoner bas been found guilty . Mr Holme * . —I am responsible for that underact of Parliament . This observation created great excitement in court .
Baron LBFROY . —Are there any policemen in court t & prevent this interruption ? i v tie Ilion-SBSRirp , —I have given distinct orders
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to the police to remove from ths court any persona interrupting the proceedings . Baroa Lefroy—But they should make prisoners of them , that they might be committed to prison . I wish you ( addressing the prisoner ) to understand that we have with tho utmost anxiety , and with a view to cwme to a decision upon the measure of punishment which it would be our duty to impose , postponed the passing of sentence upon you until this morning . We have wilh the utmost deliberation examined 'to matter , with an anxiety to duly discharge the duty which wo owe on all hands—tho duty w hich we owe ihi prisoner ol not meting out the punishment beyoLd the just measure of tho offence , and the duty wo owe to the public that the degree of ^ punishment should ba such as to carry out the object of allpunishment ; which is not the mere infliction of the
penalty upon tbe person convicted , but tbe preventi not crime ; that that punishm' nt shi uid carry with it a security fo tbe country , a * far aa pa ^ it'ie that one who has offendel so perseveringly—that si deliberate a violator of the law shall not b « permitted to continue his course of conduct to ihe disturbance o f its peace and prosperity . Wo bad to consider ah this—to look at tha magnitude ol the Crime , and to look also at the consideration that if this were not the first case brought under the act our duty might hire obiiaed ua to carry out the penalty it awards to tbe utmost extent ; but taking into consideration that this is the first convicti-n under the actthough tbe offence has been as clearly proved an any offence of the kind could be — the sentence of the court is , that yon be transported beyond the seas for the term of fourteen years .
The Attornby-Gknbral demanded that judg . ment against the prisoner should be entered on each count in the indictment , as was the rale ia England . Baron Lefroy . —Tho Attorney-General having called upon us to have judgment entered on each count in tbe indictment , I order the Clerk of the Crown to do bo . Mr J . Kea , of Belfast , here addressed the court , and said , —1 have to make a complaint of the con . duct of the high sheriff , by whose orders , notwith . standing that I wa" ? a material witness for Mr Mit .
chel in the challenge to the array , I was kept out of court on the day before yesterday , and thus pre . vented from communicating with the traverser ' s counsel . At tha same time that I was excluded from court , although I bad business in it , and am an arti . oled clerk to an attorney , a great number of officers of tho army were allowed to come here , and occupy tbe places that belong of right to professional men . It was a serious injury to the traverser that I wi < s kept ont . I several times told the policeman that I was a material witness for Mr Mitchel , in order to enable him to prove the challenge .
The Conni . —Have you your summons , Mr Rea ? Witkebi . —I have Baron Lefroy—We have had no complaint from Mr Mitchel of the absence of a material witness . MrRt-A . —But , my lord , has the sheriff a right to keep professional men out , and allow military men in the court ? The parade-ground and the barrack are the places for soldiers ; but I think the caurts of justice should be reserved for men , belonging , my lord , to onr profession .
The High Sheriff . —May I aay a few words in reference to a charge made by this gentleman against me ? The first time I heard of his being refused admittance waa this morning , when I was informed by the police that be endeavoured in a tnrbulent way to get admittance into court , and threatened to use ' physical force' in order to obtain admittance . My wish throughout this trial has been to procure acoemmodation for every person who had business to discharge in court ; and I furnished Mr Mitchel ' s friends with tickets in order that they might be enabled to communicate with him . Baron Lefroy ( addressing Mr Rea . )—The court desirCBi if you have any complaint to make against the sheriff , that you will embody it in an affidavit . Mr Rea . —I shall do so .
Mr MGowRAN . a barrister , here complained that although dressed in bar costume be had not been permitted , on the previous day , to take his seat in the box assigned to counsel-, that he had made several applications to the police ' or admittance , but was refused by the direction of tbe high sheriff , although at the same time there was room for half a df > z ° n persons in tbe box . Baron Lkfr < iT . said , he regretted that any member of the bar should have been subjected to any incon venience ; but the instructions given to the sheriff were , to reserve places lor all persons who bad a duty to perform in court . Considering tbe difficulty of the duties imposed on tho high sheriff , it was only surprising that he had discharged them so well .
HEROIC CONDUCT OF THE ' CONVICTED PATRIOT .
EXTRAORDINARY SCENE . Mr Mitchel then said , —The law has now done its part , and the Queen of England , her Crown , and Government in Ireland are now secure , pursuant to act of parliament . I have done my part also . Three months ago I promised Lord Clarendon and his government in this country , that I would provoke him into his courts of justice , which places of this kind are called , and that I would force him publicly and notoriously to pack a jury against me to convict me , or else that I would walk a free man out of this court , and provoke him to a contest in another field . M y lord , I knew I was setting my life on tbat cast ; but I knew that in either event
the victory should be with me , and it is with me . I presume neither the jury , nor the judges , nor any other man in this court , presumes to imag ine that it is a criminal who stands in this dock . ( Mutmurs of app lause , which the police endeavoured to re « press . ) I have shown what this Jaw is made of in Ireland . I have shown that her Majesty ' s government sustains itself in Ireland h y packed juries , b y partisan judges , by perjured sheriffs . Baron Lefrov . —The court cannot sit here to hear
you arraign the jurors ot tbe country , the sheriff * of the country , the admiaistration of justice , and the tenure by which the Crown of England holds this country . We cannot sit here and suffer you to proceed thus , because the trial is over . Everything you h « 1 to ray previous to tbe judgment the court was rend ? to bear , and did hear . Wo cannot suffer you to stand at that bar to repeat , I must say , very nearly a repetition of the offence for which you have been rent-need .
Mr Mitchel . —I will not say any more of that kind ; but I say this—Bamn Lefkcy — Anyt-hinsr you wish to say we will hfar ; but 1 trust you will keep yourself within the limits which your judgment must suggest to yon . Mr Mitchel—I have acted all through this business , from the first , under a strong sense of d . ity . I do not repent anything I have done , and I believe that the course which I have opened is only commenced . The Kouian who saw his band burning to ashes beiore the tyrant , promised that three hundred should follow out his enterprise . Can I not promise ( looking at his friends who surrounded the dock ) for one , for two , for three , aye , for hundreds ? A l-. ud shout of exuUation hero rung through the court , accompanied by immense cheering , clapping of hnmis , and great nviiiife ; t itions of excitement B irmi Lefroy . —Ofli .-er , remove Mr Mitchel .
Clkrk of tne Crokn , —Mr Bourne , remove the prisoner . Tho turnkey then caught Mr Mitchel by the arm , and forced him to tbe rear of the dock , upon which the friend- of Mr Mitchel rushed forward , and seiz ng him by the hands and head and shoulders , detained him for a moment , but their hasty farewell was no sooner commenwd than it terminated . During the dt-livery of Mr Mitchel's short addres-, as well as during the delivery of the Baron ' s charge , ho depuned himself in perfect composure and deliberate self-possession .
At that moment a scene of excitement ensued , which we boli .-ve fir centuries bus not been equalled in a c-iiirt of ju > . t C 3 . It was nervous and thrilling in the < xtrcme . T he persons ! friends and adherents of tvir Mitth .-l , who thronged ike vicinity of the dock , rose , and , in the rush to get a touch or a sight ot the prisoner , created » commotion at once reckless and energetic . The > soenied to have lost all idea of the presence of the judgtaor the police authorities . Go tlemen of tho bar , who wore tbe costume , disrobed themselves and entered into active resistance to the police , by whom several persons were taken into custod y , iim > muHt whim wete Messrs Meaaher , Doheny , and R . 0 'Gorman , jun .
During tbe t-xcit . ment tbat prevailed at this penod of the proceedings , in which tho crowded court se-med completely absorbed , Baron Lefroy rose and retir . dfrom the bench , but Judge Moore remained , umiiov .-d by the excitement . The learned judge was evidently nffected b y the distressing circumstances under which the pi ( sotter was placed . COMMITTAL OP MESSRS DOHENY AND T , F . MEAGHER FOR ALLEGED CONTEMPT OP COURT Mr Michael Doheny was here placed at the bar , charged by Inspector Guy with djiturbing tho peaca of the court , by shouting in a most disorderly manner . Mr Dohenv . —I admit that I clapped my hands , but IdenyhaviugBhouttd , la tbe tallest sense 1 adopt every word uttered by Mr Mitchel at that dock .
Baron LEFany . —You are pertinaciously neraialinc in contempt of court . Mr Dohbsii . —1 d « n't mean to say one word that could be construed i ^ ts corrupt ef court .
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Baron LbfROT . —But you are acting m a way tc increaso the contemp t of which you had besa guilt y in tbe first instance . Yon admit that you committed a contempt of court with which tbe ceurt was dig . posed to deal leniently , supposing that the expression Of folinjf Came from JOU involuntarily But now , sir , you ha * 'e added to that , and seem disposed to commit an additional contempt . Mr DonENt—I did not mean to say one word in contempt of court . Sentiments were uttered in which I coincided , and I exprewed my approbation of them , and on no account whatever mill retract that approbation . After consulting for a few moments with am brother judge ,
Baron LErnoT said , —I waa not aware you werea member of the bar , from whom , therefore , might bo expected an observance of decorum much beyond what might be expected from a person not of the po . siuw and rank you hold . Under the circumstances now detailed to tha court , W 6 aro Of opinion ih * t jQa should be committed . Mr Duhbnt— lam counsel for s ^ mo young men who are charged with the offence of dilhng . Shall I have an opoortunity of defending th » m ? Mr Justice Moore . —Certainly you shall be per . mitted to do fo . , , ,, . , Mr Baldwin , Q ,. C , intimated , that it was not tho in'eation of tbe Crown to proceed with tbe prosecution for' drilling , < fco . * in the case of ' the Queen t . English and others . ' , Mr DanKKYtben app lied that his clients would be permitted to stand out oh tbeir own recognizances to the next commission .
As the Crown counsel did not object , tha application was grafted . Mr T . F Mbagher wasthen brought up in custody of Inspector Little , who , on being sworn , charged him with expressing applause by stamping his feet and clappins his hands . Baron Litroy . —You have heard what tbe policeman baa sworn . Have you any ob erva ion to make 1 Mr Meagher , who appeared to be deeply affected by the sentence just pronounced on his friend Mr Mitchel , r- plied that he had nothing to say . Baron Lv . froy . —Do you mean to say that yon confess wbut you have been charged with ! Mr Me % gher —I do , my lord , Biron Lefk-iy . —Have you any apology to offer ? Mr MEAonaR —None , my lord . Judye MouRB . —Perhaps this was dune in the excitement of tha moment , aad you will reconsider th © matter in tbe course of the day .
Ban . n Lefroy —We will receive any apology during the sitting ot tbo court . Ano her gentleman , who bad given expression to his ff elings in the gallery of the cmrf , was also brought up in custody ; but was discharged on stating that he had acted under the excitement of the
moment , ANDREW ErvoMfH , one of the traversers in th & ' diilling' caso before-mentioned , was al-o charged with turbulent conduct in the passage leading to the court . He stati-d , however , that he did not wish tocreate any disorder , but merely to obtain admission into the court , where he expected his case would be called on . The judges , therefore , ordered him to be discharged . Baron Lefroy said , with re ? pectto MrD . heny , who was kupt standing at the table in the custody of thn police that the court w- > uld not commit him until he had time for a little cam reflection . Mr J . P Dillonobseivtd that Mr D : hcnywasin a State of fxcitement , but that , he bad not intended to be guilt ) of any contemp t , of court .
Baron Lefroy . —But when there bas been contempt , and when the gentleman perseveres , and sets up a defence ot his conduct , tbe ceurt wuuid 6 a wanting in its duty if it did not vindicate its authority , and would n « t deserve to sit here . Mr DiLLnN —It was not Mr Diheny ' s in dention to offer any durespeot to the court ; but lie was under the impression that what was required of him would involve a retraction of an expression of nia sympathy for Mr Mitchel . Baron Lefbot . —Not at all . We don't want tft interfere with any gentleman , to prevent him from indulging his feeling—that is all a ms'ter of taste ? but it the gentleman says he acted under excitement , and did not intend any conttmpt towards tho
court-Mr Doheky . —I did not mean any disrespect to tho court . I did not mean any contempt to the ourt in giving expression to my feeling ; but whatever punishment is attached to the expression of my sympathy for Mr Mitchel , and for entertaining tho opinion I have uttered , I cannot retract it . I repea t , however , thatl did not mean au j contempt towards the court . Baron Lefroy . —Then , under those circumstances , and as you were under excitement , the court discharges you , Mr Doheny waa then set at liberty . Mr Mkaoh ^ r ( who was also in the hands of tho police in courc ) then came forward , andeaid that he , too , was under the impression that a wuhdrawalor the expression of his feeling and Bymva'by for Mr Mitchel was required of him . £ le cilild f'Ot retract anything ; but ho would say that be did not mean any disrespect or contempt towards the court .
Baron Lkfroy , —The court does not mean to interfere wi'h or prevent the expression of feeling or Sjmpathy . We have nothing to do with tha * , but we have with the preservation of order and d-corum in court . 1 ' you say yiu were under ex-ji "> ement , but did not m ? an an ? contempt to the court , we have no wish to deal harshly with you . Mr Miugher . —I regret the contempt , i : I have been guilty of any , which I did not intend-but 1 tan say nothing more . Baron Lkfroy . —Well , the court dkcharees ton .
GALLANT CONDUCT OF MR MITCLIEL'S COUNSEL . Mr Holmes here rose to address the court , vrheu the utmost silence was observed . He said—My Lords , I think I had a perfect right to use the language I did yesterday . I wish now to state that what 1 said yesterday I adopt to-day as my own op inion . I here avow all I have said , and , perhaps , under this late Act of Parliament Her Majesty ' s Attorney-General , if I have violated the law , may think it his duty to proceed against me in that way . But if I have violated the law in anything I said , I must , with great respect to the court , assert ibat I bad perfect right to say what I stated , and I now say , in deliberation , that tbe sentiments I expressed with respect to England , and her treatment of this country , are my sentiments , and f here avoir them
openl y . ( Loud applause . ) Baron Lefroy . —Call on tbe next case . The Court then proceeded with ether business . Some of tbe city jurors asked if they might goaway ? Baron Lkfroy —Yes , gentlemen , you may , and your attendance bas been eo good that I shall not fine any of you . Tiio Cwnrt shortlv afterwards sdi ivtrned .
RETURN OF THE JUD G E S FRO M C OURT When the people were partia'ly separated the judges entir- 'd a carriage which wa * in waiting at the rear ( the usual plact ) of tbe court . Their Lordships were preceded in a curriajre by the ULih Sheriff and an advanced guard ot police . The oarn ' agein which their L ; rdsbi |/ S rrdo was surrounded bv a troop of Lancers , with an officer at ea < -h of the carriage windows . A considerable ) number of people , who were attracted by the military and p-dieo , followed
tho carriag ? , and the crowd gamed bt ' Cii ^ th as it pa = ssdon . In Sickville street and at Carlisle-bridge there was et-nsidfr ;* ble groaning as ihe carriaje passed on ; but , with this exception , tht-re v-a" no other indication of feeling , A crowd olleoted about Nehoi - i ' i" pit . ' a' , but at nine o ' cl . -ck i . | : e street-, presented their usual appearance . Altheug i there was considerable excitement everything pasted off quietly , and , fo far aa could be ascirtainetl , there was not the least accident , nor an approach t > anything like a breach of the peace .
REMOVAL OF MR MITCHEL . This morninj / , at an early hour , Mrs Mitobel and her children , accompanied by a few friends , proceeded from her residence , at Ontario-terrace to-Newgate , to imerchange farewell with her convicted husband previous to his final departure from bis native land . A tew eiily were present . We have been informed that tbe scene was harrowing to the last digne . Mr Mitchel preserved a stern composure for some time , until , subdued by the prtsence of his wite and artleas children , he bent into terder-Hess , and the shock was ihe greater because of biB reluctance to yield .
At a few minutes to four o ' clock , the prison van , surrounded by two f quadrens of cavalry , diew up in front of Newgate prison . Soon after , an official , armed with a warrant for tho deportation of Mr Mitchel , which was handed to tho nigh nb'riff . entered the prison , and , in a few minutes after , Mr Mitchel appeared on the balcony , preceded by an officer , who carried a bundle which contained the convict dress . Standing for a few moments on tbe balcony and loiking around , he recognised an old acquaintance , who calltd out , ' Farewell , Mitchel !' ana received a bjw in return . The word ¦ ready ' being uiven , Mr Mitchel entered tbe van fosflther
with bvc lnsoectors of police . The trumpet sounded —the van flow onward—and tho dragoons , with drawn sabre . i , preceded and surrounded it , and tbe pri cession proceeded on its way . Very few person ! were present at thi di ^ ortation , which Wfl' quitf unexpected . It had beea rumoured that Mr Mitchel would be confined for some days in Richmond Uridewe / J , until the pleasure of the crown was known about the writ of error . This report lost ground in tho course of the day , for it waa evident ¦ hut preparations had been making to dispose of him aa rapidly as pessible . In consequence the populace thronged to tbe quays , but the dra « bridge over the canal was drawn up , aad all access to tho veesel prohibited
Lbfrot —But Are Acting M A Tc The North ...
THE NORTH ERNST A R . _ __ == ^ JUNE ^ ^
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Citation
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Northern Star (1837-1852), June 3, 1848, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_03061848/page/6/
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