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Northern Star (1837-1852), 30th September 1848, Edition 2 of 4, Page 1

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    • TO THE CHARTISTS
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      To The Chartists

      TO THE CHARTISTS

      M Y Fhiehds.—If I Were Capable Of Establ...

      M y Fhiehds . —If I were capable of establishing confidence in myself upon the suffering of others , I think I might call your attention to the disastrous consequences that have followed the rejection of my advice in every district where the honest and zealous have lent themselves to the machinations of the artful and designing * You must be aware of the fact , that the bad man who joins in a secret association for the purpose of betraying his confederates , may be a good man in open agitation , and as long as 1 was able to secure our cause from the

      machinations of those seducers and betrayers , this class © f men confined themselves to mere desertion ; as long as our proceedings were open they % took themselves to some other trade or selling-, as the spy market was not then open to them , and those who did turn informers , like Griffin and Cartledge , at Lancaster , had nothing flf [ a seditious or even of a suspicious nature to divulge , because we could meet such a charge with the apt and ready answer , * The doors of our meeting house were open , the public were invited , and none were excluded . ' And now , that the past may furnish a

      precedent for the future , let me proudly remind you of the fact , that my resolute resistance to every proposition for the exclusion of the pub . lie and the Press in our several Conferences and Conventions , disarmed the Government and prevented authority from charging us with the crime of secret meeting . "Where ameeting is open the false evidence of an informer may be rebutted by an indifferent witness ; but when meetings are secret no witness is indifferent , no rebutting evidence can be adduced , because the admitted fact of presence is a proof of criminality , and those

      innocently charged have no protection against the gujlty accuser . It would be very tiresome , nngenerous , and out of place , were I , just now , foresail your attention to those transactions into which good , honest , and zealous men have been hurried by treacherous and designing rascals , who would have used them for their own profit and aggrandisement , and then betrayed them . I have always endeavoured to make the Chartist movement , as far as

      possible , a Labour movement , and when I have found enthusiastic parsons and ' poor gentlemen trying to turn our agitation to selfish and profitable purposes , although suspicious , I have abstained from personal denunciation , as had I done so the charge would "be attributed to jealousy , egotism , and a desire to monopolise popularity myself ; and , therefore , as long as even those classes professed sincerity , I upheld them , until all other trades failed—and when traffic in abuse of

      Feargus 0 Connor presented the last hope of profit , I have been abused for defending myself against their revilings . However , I have now outlived their slander , and a new era opens upon the Chartist cause , or rather upon the Democratic cause . Its virtual ascendancy is proclaimed in many countries , and demanded in all—and however the Press of England may boast oftheinsignificant proportions of electors that hare voted in the several districts of France for representatives to the National Assembly , yet there is this balm and consolation—that however

      indifferent those may be who are endowed with a new right during the reign of terror—the suppression of opinion and the establishment of brutal force—nevertheless that right remains ; like the sheathed sword , it is the foundation of the Constitution—which word y balderdash can not blunt , but which places a weapon in the hand of each , to be used when tyrants discover that the system of governing by brute force is sure to produce an empty Exchequer . When I first offered myself for the representation of my native countv , upon the first day of polling I met several hundred of my supporters upon horseback , at a distance from the City of Cork . I desired them to bring their

      certificates of registration with them . I marshalled them , and marched them opposite the Conservative Club House , where my opponents were preparing for action . I drew them up in rank and file , and commanded them to draw swords , when every man produced his certificate of registration , and when the army gave a cheer they paralysed the enemy . Now , this is the sword that I have always contended for—this is the weapon with which you will shortly be armed—and , when in possession of that defensive instrument , you may defy the steel and the cannon of the enemy , because you will then command the steel and the cannon yourselves .

      I have told you , many times , that the very existence of Chartism would be denied until it was circulated . through the Press , and I have told you that it would only find circulation throug h the Press when enunciated in the House of Commons—and I think , without vanity , I may say , that that assembly has had a dose of it during the recent Session . And I think I may also say , without vanity , that however the proceedings of the 10 th of April maybe attempted to be smothered by the Press and theiGovernment , that no democratic

      party ever gained an equal victory . You . are all politicians , and you must all remember that the Minister for the Home Department—the head of thephysicalforce department—declared in his place in Parliament , that that meeting SHOULD NOT BE HELD—that it was prohibited by proclamation—and that , standing alone in that House , and in the midst of the most terrific excitement , I declared that that meeting SHOULD BE HELD , and that I would attend it . It was held , and I did attend it—and I think the evidence ef Powell and his

      brother informers will have convinced you of the risk I ran in preserving my fidelity to your principles ; and I now assert , without fear of contradiction , that the National Assembly destroyed the effect of that triumph , and laid the foundation of the present prosecutions ; whereas , if time for reflection had been allowed , and if a veritable representation of the Chartist body had been elected to a Convention , the triumph of thelOth of April might have been made the foundation of other victories ;

      many victims would have been spared , much money would have been saved , and confidence would not have been paralysed . Neither you nor I ever heard of the names of one-third of those Delegates , until they were announced as the representatives of our movement and opinions ; and from the evidence of Davis the informer from Greenwich , and acquiesced in by Powell and bis associates , you will learn the aim and object of a complete stranger , Davis says— ' THE 'VISIONARY

      PRESIDENT , ' REFERRED TO BY THE WITNESS POWELL , HE SAID , HE UNDERSTOOD WAS LN REALITY INTENDED TO BE A PERSON NAMED CHURCHILL , THEN RESIDING IN FRANCE , AND ALL THE CHARTISTS IN EACH LOCALITY WERE TO PAY A FARTHING PER WEEK EACH FOR HIS SUPPORT . Perhaps the real Chartists will have now seen through the vision , the cause of abuse of me , in the anticipations of this 'Visionary President . ' Now here was a man that neither yon nor I ever before heard of—that the locality that elected him never before heard of —who , when put in nomination for the high

      office of ' Visionary President / abandoned the Assembly—thereby evincing his discretion —returned to France , and has never since been heard of ; while Cufiay is in the dock , and his liberty jeopardised . And yet this gentleman , because after many visits at my office I refused to see him , and because I refused , at the National Hall , to have a private conversation with him , became the loudest o my denouncers ; and when you think of all those things they will cause deep reflection , and you will think I am justified in stereotyping my resolution never to be intimidated by coward braggarts , never to be seduced by fools , or to place myself in a situation to be betrayed by knaves -

      M Y Fhiehds.—If I Were Capable Of Establ...

      I have received numerous and gratifying letters from many towns in Scotland , and the North of England , inviting mete pay them - visit . To my Scotch friends I must say that it will not be in my power to visit those towns to which they have invited me , and I must decline the invitation of my Newcastle friends , to address them on Saturday and Sunday . 1 have appointed myself six good days' work in the week . I will address them on . Saturday ,

      according to announcement ; but they appear toforget that I am to be at Birmingham on the following Monday . In reply to my Oldham , Dewsbury , Bolton end other friends , I beg to say that it is my intention to visit those towns after the Conference shall have concluded its labours ; and , as I travel at my own expense , I shall insist upon a strict observance of the eld rule—namely , that one half of the proceeds of each meeting ; shall go to the Chartist Fund .

      The topics that I shall discuss will be the Labour Question , the Social Question , and the Land Question ; showing that the People ' s Charter is the only possible means by which Labour can be emancipated , social happiness secured , and peace , contentment and reform ensured . I remain , Yenr faithful friend and unpurchaseable Representative Feargus O'Connob .

      ^//^^^ ^^^ ^^I ^ ^A^U

      ^//^^^ ^^^ ^^ i ^ ^ A ^ U

      And National Trades' Journal. Vol- Xl No...

      AND NATIONAL TRADES' JOURNAL . VOL- XL No 57 L LONDON , SATURDAY , SEPTEMBER 30 , 1848 . PWe ^™ JF ™™™ ^~ * . . rwe Bhimaga an * sixpence per Quarter

      Tha1sjk God! Thomas Slingsby Duncombb To...

      THA 1 SJK GOD ! THOMAS SLINGSBY DUNCOMBB TO THE LABOURING CLASSES , AUD ESPECIALLY THE TRADES . Mr Friends , The happiest , the most cheering , and plea , santest hour that I have spent for many a long day , I spent with ' onr honoured leader ' on Wednesday fast , in London , and you will be overjoyed to hear , as I was overjoyed to see , that he looks himself again . He was not the feeble man that I saw at Christmas : he was not bent ,

      with pallid cheek and feeble voice ; his complexion was good , but not hectic ; his eye was bright , his voice was strong , his step was firm , and his strength was recruiting . My mission was one of pleasure ; but I must confess , that although not charged with the offences myself , our party was charged with a folly and a mad * ness—the folly of having mixed up the Chartist movement with the Repeal of the Union , and themadnes 3 of having tolerated secret meetings . , and the promulgation of physical force . " But , " said Mr Buncombe , " although this folly and

      madness have paralysed the cause for a time , it will revive again , and the poor people will have gained experience from their past folly . " His words were "Only just think of such madness ; while , if they were united together , and abstained from their folly , they could achieve anything . '' I don ' t know , though I can guess , the pleasure you will derive from the news , but I know that I can scarcely describe the pleasure that I derived from the

      sight ; it recalled to my mind the fact that I was with the only man of his order who was generous and independent enough to visit me in my dusgeon , and I was encouraged , not with the hope , but with the assurance , that I would see him once more in his place in Parliament , as the uncompromising advocate of the rights of Iabonr , of liberty , and of man , and the proud exposer of tyranny , injustice , and persecution . Your faithful friend , Feargds O'Connor .

      To The Members Of The National Land Comp...

      TO THE MEMBERS OF THE NATIONAL LAND COMPANY . My Friends , —As the time now ap . proaches for the meeting of the Land Conference , I have to impress upon your minds the indispensable necessity of deliberating well upon the several propositions to be submitted to your delegates . Let me beg of you to instruct them well , so that they may come as the representatives of the opinions of the majority of the members . And as there is one monster illegality which must be got rid of , namely , the

      location by ballot , and as the adoption of the bonus system weighs heavily upon my mind , inasmuch as I do see that it operates as a barrier against the location pf the poorer members , for whose especial benefit I established the plan , I beg of you , —and you are not fools , —to setyonr genius to work in every locality to devise some means by which we may get rid of the ballot , without imposing a bonus that will operate against the more speedy location of the

      potr . This question puzzles me by night and b y day . I consult the highest legal authorities upon it ; every obstacle in the way of carrying out the bonus system is presented to my mind , and the most inexpensive mode of overcoming those obstacles suggests itself . Think of this plan , for instance , —suppose that by a by-law occupants are balloted for out of the paid-up members—that would be no infringement of the law , if those men were not located ; and suppose that after the ballot , the eccupants were selected from the paid-up members according to bonus , and suppose that those who had been balloted were to receive

      one-half of the amount of bonus paid for loca tion , this would be compensation to the poor member , and the amount received by him might enable him to pay his bonus for location on the very estate for which be was balloted ; for instance—J is balloted for No . 1 , B pays £ 40 bonus for that location , being a prime one , or any other location , it matters not . A gets £ 20 , one-half the amount , which would probably pay his bonus for another allotment on the estate . However , I will merely throw out this suggestion , while I rely upon the aggregate genius of ail to suggest some plan by which the rights of the poor members may be protected .

      As to the weekly subscriptions , they must commence forthwith , as it is impossible to carry on such extensive operations without money . It is my intention to take the best legal adviser to the Conference , so that we may have the benefit of his advice upon every subject that arises ; and it is my intention to take the vote of the Conference as to the appointment of trustees , as it is my fixed determination to divest myself of the legal and equitable title to all the property of the Company . Then 1 shall be more free to act , and less fettered in action , but shall not be less zealous in the cause .

      It is a notorious fact that every great undertaking , like the Land Plan , receives occasional checks ; and there is no instance upon record of any plan that ever originated having successfully withstood so many assaults as the Land Plan ; and while most other Companies squander or lose the capital of the Company , and then *' ¦ book up , " it is a most remarkable fact that we have a penny ' s worth for every penny

      that we have expended ; and I wish you to bear this fact in mind , that , according to the evidence of Mr Grey and Mr Finlayson , we could raise two-thirds of the value of the property on mortgage . I wish to remind you that that would amount to 70 , 000 ! ., ( while ; your weekly payments would amount to , nearlyl , 00 W . per week , independent of amounts paid on account of shares and this amount we shall have no difficulty in raising when * I hand the property

      To The Members Of The National Land Comp...

      over to trustees , so that it will be your fault , and not mine , if we do not start with a larger capital , and better means than we ever had ; and , like the old fox , if I am turned from the cover , to which I am heading , a thousand times , I will make it at last—and for this simple reason—because your confidence in me is , and ought to be , unbounded—because you know I would rather die than filch a farthing from your Labour fund , and because you must admit that I have as much energy , and resolution as any living man . If this Company were destroyed to-morrow , I would establish another , and , with the assistance of my brother directors—in every one

      of whose ability , integrity , and zeal , I have the most unbounded confidence—I would defy all opposition . I can make great allowances for times of bad trade , but I can make no allowance for the apathy of many districts where all are not poor . To give you an instance of the casualties and fluctuations to which other Companies are subject , it is a remarkable fact that the chairmen of the several opposing railway lines are compelled to fraternise—to abandon their opposition , in order' to devise means by which they may secure the yalueof the property , while nothing that man can do in his enmity can dimintsUthe value of our property ; for

      although the potatoes may fail one year , as I have often reminded you , all crops do not fail . The present has , no doubt , been a trying year , in consequence of the failure of the potato crop , but difficulties in every situation in life must be struggled against . And now , to prove to you that one man may steal ahorse , while an other durst not look over the wall , I beg to submit the following instance of the Bank of England being allowed to have recourse to the ballot as a means of declaring the amount of interest , while the law declares that such a course is illegal , when the interest of the poor is at stake .

      BANK OF ENGLAND . A general court of the Governor ! and Company ot the Bank of England ( being an adjournment of the court held on Thunday , the 2 lEt inst . J was yesterday convened in the court room of the Bank , to take the votes of the proprietors by way of ballot , on two resolutions submitted te their consideration on the subject of the dividend . At the court on Thursday , the Governor proposed , on behalf of the directors , a resolution to the following effect : — ' That a dividend be made of 3 j per cent ., interest and profits , for the half year ending the loth October next , without aay deduction en account of the Income-tax . ' Aa an amendment to this motion-Mr Fauna proposed , and Mr De Wintoh seconded , the following resolution : —' That a dividend be made of 8 § per cent , interest and profits , for the half year ending the 10 th October next , with a bonus of l per cent ., with

      out any deduction en account of the Income-tax . The GovsXNoa having put the question on these resolutions at the meeting on Thursday , decided that the majority of the proprietors then present was in favour of tie amendment . A requisition for a ballot was thereupon presented on behalf of several proprietors , who desired that the sense of the proprietary at large should be ascertaiaed by a , 'determination in writing . ' The process of taking the votes by ballot commenced yesterday morning at eleven o ' clock , and terminated at four o ' clock in the afternoon , when the ballot boxes were sealed . Hessis Thomas Gribble , John Ylgne , Philip Cazenove , and Robert Sutton , junior , -wire appointed to act u . icrattaeers . They retired to the eon . tultation . room at four o ' clock , and on their return , after an absence of twenty minutes , announced , through their spokesman , Mr Gribble , that the numbers were at follows : — For a dividend of 3 | per cent . 138

      For a dividend of 3 j per test , with a bonus of 1 per cent , 123 Majority in favour of a dividend of 8 $ per cent . is This announcement , which , was made in the presence of the governor and directors , and twenty five of the proprietors , wag received without the slightest demonstration of feeling on any side . It was ordered that the dividend warrants be prepared so as to be ready for delivery on the llth of October . ' It appears that Messrs M'Grath and Clark announced that a Conference could not be held in consequence of the illegality of the Land Plan , and that their judgment has been arraigned , now that a Conference is to be held ; whereasthefacts stand thus— tbat a Conference

      could not be safely held to discuss the Land Plan in that form in which it was declared to be illegal , but a Conference can be held to die * cuss it in a legal form , and therefore the judgment of those two gentlemen cannot be at all arraigned , for if fault is attached to any one , l am responsible , as I chose to be on the safe side . There are a great many still interesting them * selves in the whole of our concern—one man from Manchester , who signs himself " EN . QUIRER , " but who should have signed himself "DODGER , " asks , with an affectation of regret , but with an evident hope of failure , how it was that the receipts of the Bank were

      not acknowledged last week ? and he says he wishes to know what they are this week . Well , I don't think the Manager would satisfy his curiosity , but I will , and my veracity can be tested when the Manager furnishes each depositor wifh the balance sheet at the end of the half year . To gratify "DODGER , " then , the receipts this week are 1322 . 2 s . cd \ but the Bank being now a private bank , the receipts are not published weekly , but if the depositors wish , the balance sheet shall be published half yearly .

      In conclusion , my friends , I have again to request that you will think calmly and discuss deliberately the several propositions that have been submitted to you ; that you will exert your genius to assist in carrying out this plan ; that you will get the several rules of enrolled societies , and , to the . bestof your abilities , be prepared to assist in those deliberations for the adjustment of a plan which , in my soul , and in my conscience , and upon the " true faith of a Christian , " I believe is destined to be the salvation of the working classes .

      Your faithful friend and unpaid bailiff , Feargus O'Connor . P . S . I must give you the following as a comparison between land and water . Here follows the expense of an eighty-gun ship , for building , & c , and support for the year : — The cost of an eighty-gun liner , to be manned with 75 men , is according to an Admiralty return , ft r bull about £ 31 , 900 ; rigging , sales , and stores , about ^ I 6 , o 0 o ; ordnance , about £ 11 , 732 ; total , £ 82 , 632 . The pay of officers and men for one year is . £ 19 , 812 ; cost of victuals , £ 13 , 825 ; rigging , sails , and stores , £ 3 , 201 ; wear and tear of hull , £ 3 , 600 , —of ordnance , £ 468 . * The average annual expenses of wages per head for the crew of a first-rate line-of battle ship is about £ 26 ; of a war steamer , of about £ 10 .

      Now the above sums make a total of 123 , 098 / . ; and which , at 40 / . to the acre , 100 / . for a cottage , and 20 / . aid money , would locate 605 people upon two acres of land each , or make 3 , 025 persons— -at five to a family—happy for ever , and leave the Exchequer at five per cent ., a rental of 6 , 150 / . to be paid yearly—I sink the odd 98 / . —and those 605 people thus located would give employment to 300 artificial labourers , and thus in the aggregate constitute

      a body of over 4 , 500 consumers of domestic manufactures . They would have knives , forks , furniture , crockery , fenders , fire-irons , books and little pictures ; wear more clothes , shoes , hats , and shirts ; they would eat more meat and bread , and butter and cheese ; they would employ more carpenters and joiners , masons and bricklayers , plasterers and slaters , plumbers and glaziers , and all those better paid trades will be better customers with the

      aristocratic trades , and not one of these would refuse to pay a fair amount of taxation to uphold a constitution that protected their privileges ; nor one that would shoulder a musket except in defence of that constitution which defended their cottage , and guaranteed their liberty . F . O'C .

      Bath.—The Quarterly Meeting Of This Bran...

      Bath . —The quarterly meeting of this branch oi the National Land Company will be held on Monday eveniBgr ^ ext , Oct ; 2 nd , at No . 5 , GalWay'a buildings , at eight o ' clock . Members aie particularly requested to attend . Noitihoham . — The next meeting of the Land members will beheld at the . New lab , Cairington , on Sunday evening , at seven o ' clock .

      The Irish Trials For '^ High Treas4$. Sp...

      THE IRISH TRIALS FOR ' ^ HIGH TREAS 4 $ . SPECIAL COMMISSION . Clonmel , Thursday , September 21 . —Soon after twelve o ' clock Chief Justice Blackburne , Chief Justice Doherty , ami Justice Moore , took their seats on the tanch , when the grand jury having been sworn , ¦ The Chief Justice , addressing the grand jury , said , —Gentlemen , the crime of hih treason it one happil

      g y of such unusual-occurrence , and one with respect to which there are peculiar provisions that do not he long to the investi gation of other crimes and misde " r aeanors , that I think it my duty , in order te assist you in the discharge ^ of yours , to point out to you the peculiarities of the laws relative to that charge , in order that you may regulate your course accordingly . The Chief Justice then proceeded to narrate the different stages ' of the insurrection , after which he said , the indictment contains two distinct classes of counts , and each relates to a distinct treason ; both are founded upon the provisions of an ancient

      statute—a statute passed so long ago as the reign of Edward the Third , and without troubling you by detailing the language of this statute , it is sufficient for my present purpose , and for yours , to say that it contains , amongst others , two provisions relative to two distinct species of treason , which are the subject of the iniiclroent , and which you will have to consider . Gentlemen , the first of these treasons was expressed in the language of that day to be the compassing the death of the Queen , and that is the treason charged by one or more of the counts of the indictment which you will have to consider . By compassing the death of the Queen it is not meant merely to impute , nor under any circumstances at

      all to impute , a design against the p ersonal life or personal safety of the sovereign—the sovereign , whether King or Queen , being under our constitu- ' tion the representative of the state , any attack upon the sovereign power of the state is , under tbat statute , to be taken as an attack upon the person of the monarch ; and therefore you will have not to consider whether the personal death or actual injury to the person of the sovereign be the intention , but whether the designs , as proved by overt acts stated in the indictment , are of a character which come under the description of aa attack upon the sovereign power of the state . Gentlemen , I shall put before you some instances to show that I have cor .

      rectly stated the law , and that by compassing the death of the Queen you are to understand the crime of aiming at the destruction , of her sovereign power ; and it matters not whether this design be to depose her from her crown , to depose her from her imperial authority over the entire of her dominions , the crime of deposing and crime of compassing her death will be equally committed , whethar the object be to depose her from the whole of her dominions or any part of her possessions . Gentlemen , I shall now read to you the law , taken from an author of the highest authority , Justice Foster , and also the words of Lord Tenterden , some passages which , will show you that I have correctly expounded the words

      ' compassing the death of the Queen , ' to extend to and comprehend an attack upon her imperial power . Describing the crime of compassing the death of the monarch , they state as follows : — 'Anything wilfully or deliberately done or attempted , whereby the King ' s life may be endangered , therefore , measures for deposing or imprisening him , or getting his person into the power of the conspirators are overt acts , ' that is , overt acts for the compassing and imagining of the King ' s death . And , again , 1 Offences which are not of so personal a nature , have with great propriety been brought within the

      same rule as having a tendency to the same fatal end , though not so immediately ; and therefore the entering into aeasures , or the concerting with foreighers ,- or going into a foreign country , or even proposing to go thither for that end , are overt acts for the compassing and imagining of the King ' s death . ' Gentlemen , any offences falling directly under other branches of the statute may be brought within the compassing of the King ' s death . The levying of war , or the compassing to levy war , are overt acts within this branch of the statute—that is , within the branch of the statute which refers to the

      compassing of the King s death by high treason ; and it has been settled by several important cases , and by the opinions of the first writers , ' that all attempts to depose the King from the royal title , or to levy war against him , and all consultations or agreements for the accomplishment of these objects , are overt acts for the compassing and imagining of the King ' s death . ' Gentlemen , I have now closed the observations , and stated the authorities , which I hope are sufficient to explain to you what is meact in this statute , and in the indictment which transcribes its terms , by the compassing or imagining the death of the monarch . I have in the next place to tell you that the crime of high treason consists

      altogether in the intention . The mere intention—the mere design against the King ' s life or his imperial authority , is the offence created by the statute . But as the intention or design is , in all cases , or at least in the generality of cases , I might say almost uni versally , to he inferred from acts or from declara tions written or orally made , that intention so to be collected must have as its basis , and as proof of it , the commission of certain evert acts . No man can dive into the secrets of his fellow creatures ; for the thoughts of the heart are known to one Being only , and therefore the intention and design must always

      be collected from the acts , the declarations , and those other means and tokens by which , in the ordinary intercourse of life , we judge of the intentions of men , and the law with respect to high treason , makes it necessary for the crown to specify particularly in its indictment the overt acts , that is , the acts done , and the means used by the parties charged for the purpose of effectuating the intention imputed to them . Accordingly , the indictment which will be submitted to you will contain the various overt acts , whatever they may be , on which the crown relies ; and , in support of these , the crown must satisfy you that some one or more of these overt acts have

      actually taken place . And further , it is necessary for you to attend to this rule—that not only must one or more overt acts be proved to have been committed , but it is equally necessary that one overt act shall be proved by two witnesses , or that several overt acts shall be proved by two distinct witnesses . You will not be justified in finding a bill unless there be two witnesses to prove the same head of treason . There must , in short , be two witnesses to prove one overt act , or two witnesses to prove several overt acts . And now with respect to that which forms the substance of the charge . The intention , as I have already observed , is to be inferred from acts , writings , speeches , or

      declarations ; but so far as respects mere oral declarations , you ought to pay no regard to acts of treason which may appear in evidence unless the language imputed be connected with some design or some conspiracy . Words by themselves do net constitute an act of high treason . It is only in connexion with acts that they become evidence of the intention . And when you are considering the evidence , so far as it relates to the intention of the party , the only rule which I would have you observe is this , and it is a rule which is applied in all our dealings and transactions during our intercourse in life , not simply a rule of law , but also a rule necessary to be observed whenever the question of inter . , tion or knowledge becomes a matter for investiga ^ tion . The rule I refer to is this— 'that you are to

      presume a man means that which is the natural and necessary effect of his own declarations and acts . ' The other class of counts to which your attention will be directed require very little observation from me—namely , tbat ; class of counts by which the party charged may be said to levy war against our Sovereign Lady the Queen in her realms . That charge also is one which roust be grounded upon one or more overt acts ; and the rule to be observed by you in this particular is , that the necessity of having two witnesses is the same as I have just now stated to you—but the levying of war must be by an insurrection and actual force . It is otherwise not within the meaning of the statute a levy of war ; therefore it must be a levying of war , not for any private , personal , or particular object , but fo the purpose of some general innovation ; and ||| I

      The Irish Trials For '^ High Treas4$. Sp...

      have no hesitation in telling you that , if it should appear from the evidence to your satisfaction , that the objects of these insurrectionary movements were the severance of Ireland from the United Kingdom , with a view to erect it into an lidependent power , that it would be a levying of war within the meaning of this statute . But the language of the authorities to which I have already referred illustrate what I have just now told you . They say « insurrections and risings for the purpose of effecting by force and numbers , however ill-arranged , provided , or orga ^

      nised , any innovations of a public nature , in which the party has no particular interest or concern , have been deemed instances of the actual levying of war . ' It is essential to the making out of the charge that there must be an insurrection—that there must be force used in the accomplishment of it , and that the object of it be general in it its character . These are all the observations which I have thought it incumbent on me to make for your government or discretion , I believe the crown is prepared to lay the indictments before yoa , and you will now proceed to their immediate consideration .

      The Foreman . —My lord , some of the grand jury wish to understand if it is necessary that every overt act should be proved by two witnesses . . The Chief Justice . —It will be sufficient if any one overt act be proved by two witnesses , or one overt act by-one witness , and another overt act by a second witness .

      TRUE BILLS FOUND AGAINST SMITH

      , O'BRIEN AND FOUR OTHERS . The grand jury retired at half-past twelve o ' clock , Aid at five o ' clock the foreman handed to the Clerk of the Crown true bills for high treason against WillianrSmith O'Brien , T . B . M'Manus , James Orchard , Denis Thyne , and Patrick O'Donnell . At twenty minutes after five o'clock the prisoners were arraigned , when the Chief Justice intimated to them that a bill for high treason had been found against them , and each of them was entitled to a copy of the indictment . He desired to know if hey wished to get a copy . The prisoners replied that they wished copies of the indictment , which were accordingly furnished to them .

      Mr Potter asked ! if the Attorney General intended to furnish the prisoners with any other documents ? . The Attorney General replied in the negative . Mr Potter applied to the court to assign , as counsellor Mr O'Brien , Mr James Whiteside , Q . C ., and Mr Francis Fitzgerald . The Attorney General assented to this arrangement of counsel . Mr Potter then said that Mr M'Manus had not yet employed an agent , and was therefore unprepared to select counsel . The court assigned Mr Potter as Mr M'Manus ' s agent , and informed him that he might inform the Clerk of the Crown whom he desired for his counsel any time before he pleaded .

      Mr Lane ( solicitor ) said he had to apply on behalf of three prisoners , who were his clients , namely , James Orchard , Patrick O'Donnell , and Denis Thyne , for a copy of the panel . The Attorney General stated that the high sheriff had not yet returned the panel , and that neither of the parties , the crown or the prisoners , had yet been furnished with a copy . Mr Lane observed that the panel had been returned by the sheriff , and was now in the office of the Clerk of the Crown .

      The Attorney General said he was not aware of the fact before , and with respect to the application he could only say that he did not wish to establish any precedent by giving a copy of the panel to the prisoners , as they were not entitled to it as a right . Mr Lane : I ask it as a favour , and not as a right . The Chief Justice : You have admitted that yon are not of right entitled to a copy of the panel , and as a matter of favour it cannot be granted , unless with the consent of the Attorney General . It is to him , therefore , and not to the court , that your application ought to be made . The court was then adjourned .

      The trial of Mr Smith O'Brien , which will take precedence of the other state trials , will not take place sooner than Thursday next , as may be derived from the foregoing proceedings .

      THE INDICTMENT . The true bill of indictment found against Mr Smith O'Brien , Mr Terence B . M'Manus , and three other persons of miuor political importance , consists of six distinct counts , of which the following summary will convey a sufficiently correct idea to our readers . The first count we give in full : — 'Firstcount : The jurors for our lady the Queen upon their oath do say and present that William Smith O'Brien , Terence B . M'Manus , James Or . chard , Richard O'Donnell , and Denis Thyne , being subjects of our said lady the Queen , not having the fear of God in their hearts , nor weighing the duty of their allegiance , but being moved and seduced by

      the instigation of the devil , as false traitors against our said lady the Queen , and wholly withdrawing the love , obedience , fidelity and allegiance , which every true and lawful subject of our said lady the Queen , should and of right ought to bear towards our said lady the Queen , on the seventeenth of July in the 12 th year of the reign of our Sovereign Lady Victoria , by the Grace of God of the United Kingdom of Great Britain and Ireland , Queen , Defender of the Faith , and so forth , and on divers other days between that day and the 30 th day of the same month of July , with force and arms , at the parish of Ballingarry , in the said county of Tipperary , together with a great multitude of false traitors , whose names

      are to the said jurors unknown , to the number of 500 and more , arrayed and armed in a warlike manner , that is to say , with guns , pistols , pikes , clubs , bludgeons , and other weapons , being then and there unlawfully , maliciously and traitorously assembled and gathered together against our said lady the Queen , did then and there wickedly , maliciously and traitorously , levy and make war against our said lady the Queen within this realm , and being so assembled together arrayed and armed against our saih lady the Queen as aforesaid , did then and there witd great force aud violence parade and march in a hostile manner in and through divers villages , towns , places , and public highways to wit , in the said

      parish of Ballingarry , in the county of Tipperary aforesaid , and did then and there erect certain obstructions composed of cars , carts , and pieces of timber and other materials , erected and built to a great height , that is to say , to the height of five feet and upwards upon aud across the said highways to obstruct and prevent the marching of the soldiers of our said lady the Queen within this realm , and did then and there make a warlike attack upon , and fire at a large body of constables then and there lawfully being upon their duty as such constables , and did then and there with force and violence endeavour to compel the said constables to join them in levying and raising public insurrection , rebellion , and war against our said lady the Queen within this realm , and did then and

      vhere make a warlike attack upon a certain dwellinghouse , situate at the Commons of Boulagh , in the said parish ol Ballingarry , in the county of Tipperary aforesaid , and did then and there fire upon a large body of constables , that is to say , forty constables therein assembled , and did then and there maliciously and traitorously attempt and endeavour , by force and arms , to subvert and destroy the government and constitution of this realm as by law established , in contempt of our said lady the Queen aud her laws , to the evil example of all others , contrary to the duty of the allegiance of them the said beforementioned parties against the form of the statute in such case made and provided , and against the peace of our said Lady the Queee , her crown and dignity . '

      T , he second count charged the same parties with having assembled at Mullinahone , together with a large number of other evil-disposed persons , armed with guns , pistols , Ac , and with having there levied war against her Majesty the Queen , by marching to a p olice-station and endeavouring by force and violence to compel the police constables there assembled to surrender their arms , and join with them in such levying of war . The third count charges the same parties with having erected a barricade at Killenaule , in order to

      The Irish Trials For '^ High Treas4$. Sp...

      obstruct the marching of the Queen ' s troop ? , in furtherance of the said insurrection . The fourth count charges the same parties with a further attempt to levy war against her Majesty the Queen , by appearing in arms at Ballingarry , together with five hundred other persons , at present unknown , on the 29 th day of July last , and with having there made a warlike attack , and fired upon a large body of constables who had been assembled for the discharge of their duties in a certain dwellings house at said Commons .

      The fifth count charges the sane parties with having subsequently appeared in arms , with other ill-disposed persons , at Ballingarry—namely , on thfl 29 th of July , being actuated with a design to subvert and destroy the constitution and government o this realm , and to deprive and depose oui soveireig lady the Queen , of and from the style , honour , an kingly name of the imperial crown of this realm The sixth and last count is a general one , which embraces all the overt acts set out in the me former counts , and alleging in general terras that the objects of the parties accused were the same as before recited , viz ., to move aud excite insurrection , rebellion , and war against our lady the Queen , ; md to subvert and alter the legislature , rule , and government ; now established within this realm . CALENDAR OF THE PRISONERS .

      The following is a copy of the calendar of the prisoners for trial at the Special Commission at Clonmel . Suspected of high treason . —John B . Russell ' James Purcell , Edward Smith , James O'Donnell , Arthur O'Ryan , and Francis O'Ryan . Concerned in treasonable proceedings . — John Hickey alias James Walsh . One of a party of insurgents who attacked the police at Farinrory and was wounded . — James Dwyer . Engaged with Smith O'Brien in rebellious and insurrectionary proceedings . —John Preston , Jeremiah Kealy , John Linnane , Pat Ormoud , John Brennon , Stephen Morrissey , James Butler , James Day , Edmund Kennedy ,- Michael Bryan , Edward Maher , and James Britten .

      Concerned in treasonable practices . — Thomas Parker O ' Flannagan and Pat Dnnn . Having a pike in a proclaimed district . —Martin Murpby , William Quirk , and Daniel Collins . One of an armed party who attacked the police barrack at Glenbower ( wounded)—W . Keily . ' Aiding and assisting Smith O'Brien ii arms against the Queen . — -Thomas Finnanc and Edward Kennedy . Concerned in treasonable practices . —W . Pratt and Denis Thyne .

      High Treason . —Manin R . Leyne , Patrick O'Donohoe , James Orchard , Thomas Stack , Terence Bellew M'Manus , Patrick O'Donnell , W . S . O'Brien , and Thomas F . Meagher . Burning the police barrack at Slate Quarries , on the 12 th of July , in arms , destroying and stealing the property of the constabulary , and being traitors , & c—James Neill , Patrick Walsh , and John Moore

      COUNSEL FOR THE DEFENCE . Mr Whiteside , Q . C ., has been retained for the defence of Mr T . Ft Meagher . The learned gentleman yesterday obtained the necessary licence at Dublin Castle . The other counsel for Mr Meagher are Messrs Butt , Q . C ., F . Fitzgerald , and Sir Colman O'Loghlen . Those gentlemen are also retained for the defence of Mr Smith O'Brien .

      TSUE BILLS FOUND AGAINST T . F . MfiAUHKK AND P . O'JJUNUriUB . Clonmel , Friday , Sept . 22 . — At half-past three o ' clock , the Lord Chief Justice ( Queen ' s Bench ) , Chief Justice ( Common Pleas ) , and Judge Moore , entered the court . The grand jury had previously appeared in their box , and the Attorney-General , Solicitor-General , and Crown counsel were in attendance . The foreman handed in true bills for high treaso against Thomas Francis Meagher and Patric , O'Donohoe . The prisoners were brought into court and placed at the bar .

      Lord Chief Justice ( Q . B . ) . —Thomas Francis Meagher , the grand jury have found bills of indictment against you for high treason , and I have to inform you that it is your privilege toibe furnished with a copy of the indictment if you desire it . Do you desire to be furnished with a copy of the indictment ? The prisoner . —I do my lord . A copy of the indictment was handed to Mr Meagher . It is similar to that found against Mr O'Brien . Lord Chief Justice . —I have further to inform you that the court , on your nomination , is prepared to assign you counsel and attorney , the number of counsel so assigned not to exceed two . Are you now prepared to nominate counsel and a' . a fcorney ?

      Prisoner . —The arrangements with my leading counsel are not yet concluded , and I pray your lord , ship that pending those arrangements you will allow an application to be made to the court by a junior counsel , Mr Francis Maher . The Lord Chief Justice . —Are you prepared to nominate an attorney at present ? Prisoner . —Yes . Lord Chief Justice . —Whom do you nominate ? Prisoner . —Mr Kirwan , of Thurles . Lord Chief Justice . —Kirwan , between this time and the day you are called upon to plead , which will be next Friday , will name the counsel to the clerk of the Crown , and the court will , thereupon appoint him your counsel . On Friday next the five days ellowed by law will have expired , and on tbat day the Crown will be entitled to call upon you to plead .

      Lord Chief Justice . — Patrick O'Donohoe , the grand jury have found bills for high treason against you , do you desire to be furnished with a copy of tha indictment ? Prisoner—Yes , my lord . A copy of the indictment was banded to the prisoner . It is similar to the others . Lord Chief Justice . —Are you now prepared to name counsel and attorney ? Prisoner , —I am not prepared to nominate an attorney at present , but I will be prepared in the course of to-morrow . Lord Chief Justice . —Are you prepared to nominate counsel ? Prisoner . —Yes , I name Francis Maher as my counsel .

      Lord Chief Justice . —You are at liberty to name a second if you think proper . Prisoner . — Allow rae time until to-morrow to do so . Lord Chief Justice . — Yes , you can do so at any time between this and Friday next ; but the Crown will be entitled to call upon you to plead on Friday next . Prisoner . —Very well , my lord . The prisoners were removed , but were again brought into court at the suggestion of Mr Francis Maher , who intimated that he had an application to make to the court on behalf of Mr Thomas F . Meagher , for a copy of the panel . The court refused the application , and the prisoners were removed . MORE TRUE BILLS FOUND .

      Clonmel , Saturday Night . —This morning , at eleven o ' clock , as on the previous day , Mr Justice Moore came down and opened the court . The names of the Grand Jury were called over , and they retired . On returning into court at halfpast one , the Judges having arrived , the foreman , Lord Suirdale , reported that they had found trtibills for high treason against Edmund Egan , Wile liam Peal , Thomas Finnane , G . Brennan , J . Preston , and Thomas Stacy . The prisoners were sent for , and shortly appeared in the dock . They were in * formed of the finding of the jury , received a copy of the indictment , and named the solicitor who is to conduct their defence , with the exception of Egan , who had not made up his mind , the others nominated Mr Verelane as their attorney , aud have not yet given in the names of their counsel . The prisoners were then re-escorted to prison '

      The Chief Justice intimated to the grand jury that their attendance would not be again required till Thursday cext .

      Suforo.—The Quarterly Meeting Ot The Lan...

      SuFORO . —The quarterly meeting ot the Land members will be held on Sunday afternoon , October : 1 st , at two o'clock , at Mr Lee ' s Temperance-hotel , Irwell-street , when members are requested to vay their local and general levies . Stotjbbbidob . —The quarterly meeting of the Land members will ba held on Wednesday wsxi , October 4 th , at the Crown-rooms , at seven o ' clock . Wikdy Noek . —The Land members of this branch ate requested to attend on Monday ni ^ ht , October 2 nd , at seven o ' clock , to ray thfcis bums & nd aidfund money . Falkirk . —A special general nieoik'g of the Land members will take place in Mr D . Fiett'a Coffeehouse , October 2 nd , at half-past « bven o ' clock . A full attendance is specially requested . Littlbtdwn , near Leeds . —The Land members j n requested to attend a general meeting at the house « f Mr Brooks , on Sunday forenoon , October 1 st , at ten o ' clock .

  • Citation
    • Northern Star (1837-1852), Sept. 30, 1848, page 1, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_30091848/page/1/