On this page
- Departments (1)
-
Text (10)
-
TO THE CHARTISTS.
-
MfFBffiros.—If I were capable of establi...
-
"'' ' " - a. , ____ _ \,;. . •> —- ¦¦ ¦ ...
-
¦ ' __f\Y:: : ?:?...\-'-.:.-'. *,* ... W...
-
with pallid cheek and feeble voice; his ...
-
TO THE MEMBERS OF THE NATIONAL LAND COMP...
-
Bate.— The quarterly meeting of this bra...
-
¦ ' . "' fl.. , -3-:,: Jjoa , . rjf •^' ...
-
LATEST NEWS FROM IRELAND. Clonmbl, Thurs...
-
AHOIUEB BODI OF A SUFFEEER IN TBS OCEAN ...
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.
-
-
Transcript
-
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.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
To The Chartists.
TO THE CHARTISTS .
Mffbffiros.—If I Were Capable Of Establi...
_MfFBffiros . —If I were capable of establish ing confidence in myself npon -tbe suffering of ethers , I think I might call yonr attention to the disastrous consequences that bave followed the rejection of my advice in every district where tiie bonest and zealous bave lent themselves to the machinations of tbe artful and designing * ' Yon must be aware of tbe fact , that tbe bad man wbo joins in a secret association for tbe purpose of betraying his confederates , may be a good man ia open agitation , and as long as I _vyas able to secure our cause from the machinations of those seducers and betrayers , this
class of men confined themselves to mere desertion ; as long as oar proceedings were open tbey betook themselves to some other trade or sailing , as the spy market was not then open to them , and those who did turn _infoiuhers , like Griffin and Cartledge , at Lancaster , had nothing of . ( a seditions or even of a suspicions nature to divulge , because we could meet such a charge with the apTand ready answer , The doors of jour meeting house were open , the public were invited , and none were excluded . ' And now , tbat the past may furnish a precedent for the future , let me proudly ' remind
you ofthe fact , that my resolute resistance to every proposition for the exclusion of tbe pub . lie and tbe Press in our several Conferences and ( _inventions , disarmed the Government and preveuted authority from charging us with the crime of secret meeting . Where a meeting- is open tiie false evidence of an Wormer 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 _cnn-it—lity , and those innocently charged have no protection against
the guilty accuser . It would be very tiresome , ungenerous , and ont of place , were I , just now , to recall your attention to those transactions into which good , honest , and zealous men have been hurried by treacherous and designing rascals , who would bave used them fortheir 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 _amT' 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 , aad a desire to monopolise popularity myself ; and _, therefore , as long as even those classes _professed sincerity , I upheld tbem , until all other trades failed—and when traffic in abuse of Feargus O'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 tbat bave voted in the several districts of France for representatives tothe National Assembly , yet there is this balm and consolation—that however
indifferent tbose may be who are endowed with a new right during the reign of terror—tbe suppression of opinion aad the establishment of brutal force—nevertheless that tight remains ; like the sheathed sword , it is the foundation of the Constitution—which wordy balderdash can not blunt , but which places a weapon in the hand of each , to be used when tyrants discover that tiie 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 dub' House , where my opponents were preparing fer action . 1 drew them up in rank and file , and commanded them to draw swords , when every man produced bis certificate of registration , and when the army gave a cheer they paralysed the enemy . Now , this is tiie 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 uDtil it was circulated through the Press , and I have told you that it would only find circulation through the Press when enunciated in the House of Commons—and I think , without vanity , I may say , that " j tbat assembly has had a dose of it during the recent Session . And I think I may ake say , without vanity , that however the proceedings of the 10 th of April maybe attempted to be smothered by the Press and the , Government , 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 thepbysicalfbrcedepartmenfc—declared in his place in Parliament , tbat tbat meeting SHOULD _KOT BE HELD—tbat it was prohibited by proclamation—and that , standing alone in tbat House , acdia the rc"datof the most terrific excitement , I declared that that meeting SHOULD BE HELD , and that I would attend it . It teas 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 1 now assert , without fear of contradiction , that the National Assembly destroyed ihe 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 the 10 th of April might have been made the foundation of other victories :
many victims would have been spared , much money would bave been saved , and confidence would not have been paralysed . Neither you nor I ever heard oftbe name 3 of one-third of those Delegates , until they were announced as tbe representatives of our movement and opinions ; and from the evidence of Davis the informer from Greenwich , and acquiesced in hy Powell and his associates , you will learn tbe aim and object of a complete _stranger , Davis says— " THE 'VISIONARY
_PRESIDENT , ' REFERRED TO BY THE WITNESS POWELL . HE SAID , HE UNDERSTOOD WAS IN 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 . ' _Xow here was a man that neither rou nor I ever before heard of—that the locality that elected him never before heard of
—who , when put in nomination for the high ofiice of ' Visionarv President , ' abandoned tiie Assembly—thereby evincing his discretion —returned to France , and has never since been heard of ; while Cuffay is in the dock , and his liberty jeeopardised . And yet tbis gentleman , because alter many visits at my ofiice I refused to see him , and because I refused , atthe National Hall , to bave 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 hy _knaves
Mffbffiros.—If I Were Capable Of Establi...
I have received numerous and gratifying letters from many t _« wns in Scotland , and the North of England , inviting me ta pay them . ' visit . To my Scotch friends I must say that it will not bs 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 Mowing Monday . In reply to my Oldham , Dewsbury , Bolton ? nd 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 1 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 discisa 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 , Yonr faitbfnl friend and unpurchaseable Representative Feargus 0 'Conso » .
"'' ' " - A. , ____ _ \,;. . •> —- ¦¦ ¦ ...
- . , ____ _ \ , ; . . "' _•>'— _- ' " ¦¦ ¦ _^ _^ ~ _^^& _eA c AND NATIONAL TtelS' JOURNAL .
¦ ' __F\Y:: : ?:?...\-'-.:.-'. *,* ... W...
¦ ' __ f \ Y :: ? : ? ... \ _- _' _-.:.- _' . * , _* _... W « smnlisgis and Sixpence p _« t Quarter *
With Pallid Cheek And Feeble Voice; His ...
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 madness—the folly of having mixed up the Chartist movement with the Repeal of the Union , and themadnessofhavingtolerated secret meetings , and the promulgation of physical force . " But , " said Mr Duncombe , " although this folly and
THANK GOD ! THOMAS SLINGSBY DUNCOMBE . TO THE LABOURING CLASSES , AND ESPECIALLY THE TRADES . Mr Frienbs , The happiest , the most cheering , and _pleasantest hour that I bave spent for many a long day , I spent witlfouf honoured leaderVm Wednesday last , 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 ,
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 tbey 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 tbat I derived from the
sight ; it recalled to my mind the fact that I wa 3 with the only man of his order who was generous and independent enough to visit me in my dungeon , and I was encouraged , not with the hope , hut with the assurance , tbat I would see him once . more in his place in Parliament , as the uncompromising' advocate of the rights of labour , of liberty , and of man , and , the proud expose ? of tyrariny , injustice , and persecution . Your faithful friend , Feargus 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 yonr delegates . Let me beg of you to instruct them well , so that they may come as the representatives ofthe opinions of the majority of the members . And as tbere is one monster illegality which must be got rid of , namely , tke
location by ballot , and as the adoption of tbe bonus system wei ghs heavily upon my mind , inasmuch as I do see that it operates as a barrier against the location ofthe poorer members , for whose especial benefit 1 established the plan , I beg of you , —and you are not fools , —to setyour genius to work in every locality to devise some means by which we may get rid oftbe ballot , without imposing a bonus that will operate against the more speedy location of the
poor . This question puzzles me by night and by 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—tbat would be no infringement of thelaw , if those men were not located ; and suppose that after tbe ballot , the tccupants 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 location , 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 he was balloted ; for instance— . 4 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 £ 80 , one-half the amount , which would probably pay his bonus for another allotment on the estate . However , I will merely throw out tins suggestion , while I rely upon the aggregate genius of ail to suggest some flan hy which the rig hts 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 ofthe 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 bave expended ; and I wish you to bear tbis 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 tbat that would amount to 70 , 000 / ., ( while , your weekly payments would amount to nearlyl , 000 J . per week , independent of amounts paid on account of shares and this amount * we shall have no difficulty in raising wheal 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 al last—and for this simple reasop—because your confidencein me is , and ought to be ,, unbounded—because you know I would rather ' die thanfilch a fartbing _. from your Labour fund , and _becausoyou _miistadmit that I have as much energy and resolutionai any living man . . If this Company were destroyed to-morrow , I would establish another , and , with the
assistance of my brother directors—m everyone of whose ability , integrity , and zeal , I have the most unbounded confidence—! would defy all opposition . I can make great allowances ' for times of bad trade , but I can make no allowance for ths apathy of many districts _wbere all are not poor . To give you an instance of tbe casualties and fluctuations to which other Companies are subject , it is a remarkable fact that the chairmen of the several opposing railway lines ara compelled to fraternise—to abandon their opposition , in order to devise means by which they may secure tbe value of tbe property , while nothing that man can do in his enmity
can diminish the 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 bas , no doubt , been a trying year , in consequence of the failure of tbe 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 Governors and Company ot tbe Bank of England ( being an adjournment of the court held on Thnriday , the JUt inst ; was yesterday convened in tbe _eonrt room ofthe Bank , to take the votes of the proprietors by way of ballot , on two resolutions submitted ta their _consideration on the subject of the dividend . _ At the court en Thursday , the Governor proposed , on behalf oi the directors , a resolution to the following effect : — ' That a dividend be made of 3 _\ per cent , interest and profits , for the half year ending the 10 th October next , without any deduction en account of the Income-tax . ' As an amendment to this motion—. MrFittsiK propased , and sir , De _Wirtonseconded , the following resolution :- 'That a dividend be made of 3 _\ per cent ., interest and profits , for the half year ending : the 10 th October next , with a bonus of 1 per cent , with
out any deduction on account ofthe Income-tax . The Goveinok having put the question en these resolutions at the meeting on Thursday , decided tbat the majority ofthe proprietors then present was in favour ofthe amendment . A requisition fora ballot was thereupon presented on behalf of several proprietors , who desired that the sense of the proprietary at large should be ascertained by a' determination in writing . ' The process of taking the votes by ballot commenced yesterday morning at eleven o ' clwk _; and terminated at 1 bur o ' clock in the afternoon , when the ballot boxes were sealed . Messrs Thomas Gribble , John Vlgne , Philip Cazenove , and Robert Sutton , junior , were appointed to act as scrutineers . They retired to the eon _. ultation-room at four o'clock , and on their return , after an absence of twenty minutes , announced , through their _spokesman , tte Gribble , tbat the numbers were as follows : — Fora diridendofS _\ per cent . .. .. .. 138
For a . dirtdend of SJ per cent ,, with a bonus of 1 per cent , .. 123 Majority in favour ofa dividend of 3 i per cent . .. .. .. 15 This announcement , which was made in the presence of tie governs ? and directors , and twenty-five of the proprietors , was received without the slightest demonstration of feeling on any side . It was ordered that the dividend warrants be prepared so as to be ready fur deliver ? on the Hth of October . It ij _^ _ears that Messrs M'Grath and Clark aaneuaced th _« jt «; Conference could not be held in _conseijuence of-the illegality of the Land Plan , and that their judgment has been arraigned , now that a Conference is to be held ; whereasthe facts 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 dis _> 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 , 1 am responsible , as I chose to be onthe safe side . There are a great many still interesting themselves in the whole of our concern—one man from Manchester , who signs himself " ENQUIRER , " but who should have signed himself "DODGER , " asks , with an affectation ot 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 satisfj his curiosity , but I will , and my veracity can be tested when the Manager furnishes each depositor wif h the balance sheet at the end of the half year . To gratify "DODGER , " then , the receipts this week are 1321 . 2 s . 6 d \ . 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 _^ best of your abilities , be prepared to assist in those deliberations forthe 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 ofthe working classes . Your faithfulfriend and unpaid bailiff , Feargvs 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 , for hull about £ St , 900 ; rigging , sails , and stores , about £ 16 , 000 ; ordnance , about £ 11 , 732 ; total , £ 82 , 682 . The pay of officers and men for one year is £ \' i 1 % Yl ; cost of victuals , £ 13 , 825 ; rigging , sells , and stores , £ 3 , 201 ; wear and tear ot hull , £ 3 , 600 , —of ordnance , _€ 468 , The _averagt annual _expeniei oi wages per head for the crew of a first-rate line-of battle ship is about £ 28 ; ofa war steamer , of abont £ 10 .
Now the above sums make a total of 123 , 0982 . ; and which , at 40 / . to the acre , 100 / . for a cottage , and 201 . 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 981 . —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 ,
Bate.— The Quarterly Meeting Of This Bra...
Bate . — The quarterly meeting of this branch of the National Land Company will te held on Monday evening next , Oct . 2 nd , at No . 5 _Gallery ' s buildings , at eight o ' clock . Members aie particularly requested to attend . ¦ NomsaHAU . —Tho next meeting of the Land members will be held at tha New Ion , Carrington , oa Sunday evesung , at _nven o ' clock _.
¦ ' . "' Fl.. , -3-:,: Jjoa , . Rjf •^' ...
¦ "' fl .. , -3-:,: Jjoa , . _rjf _•^' ¦ - '¦ . _i 1 _* : _;'; _!* ' ' _*'
If _^^^^^ _.- _.- _';* * ' _^^ V _# _^ : Se p _^ _rlfeso _^ afier ! _"" _* _^^< _3 bief jMtice _Blackbirnii , -Chief ; _Ju'ds ™ 7-n „ _?¦'* ,, _•»*»• • ' ?'• ' > fi-.-r . 1 J ' - ' Hi -U _^ n _::-l-i ; _i '! _-: : ¦ : _^^^ _uWta _/ _addreWng _^ t « b _^ M ; ju _$ » aia l _^ _B _& _MMm , of high t _/^ _MEo _' _nebappily of Rttf > n nnmii _. 1 _Vu ,. _^ _ii' _^ _-. -A _& M - v ° l ; f 4 c . .. cr _^ jr . J
u ~ _ZZiTttR ) _WWW ? ? fc _WjP f ° n . e vmn respect ; to long _tMhajpstUjatioff vi _' _mmmm «« d a » sde 2 meano _» . WM . . 'think it ; tay » du _% _* _hiroi | _ler-t 8 % 8 i « " you _mths'ffiicbsrge _bfyourartd _^ _inl iottt to _^ ori the _pecuhijftleBot _W _^ _timffii _^ _tiiffi l _^ _ardaWm _^ _w'myH _^ _HViyom course accoro > _mgTy jrlp _^^ the diffeijjp stages of ihe _fniurreclion , after which he said , i | 8 _indicfmenVcontaihir two distinct classes of wunb & _ian ' d . each _wlates to a distinct treason 5 both ar _^ _iiuded Bpon . the _provUions of an ancient _statut _^ _Bswtatttte _' _passed so long ago lis the reign of Edward tbe Third , and without troubling you by
detailing the . language of tbis 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 iniictment , 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 ofthe counts of tbe 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 persona ! life or personal safety of the sovereign—the sovereign
whether King or Queen , being under our constitution the representative ofthe state , any attack upon the sovereign power of the state is , under that statute , to be taken as an attack upon the person of the monarch ' , and thmfoTe yon 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 Hnder the description of an attack upon the sovereign power of the ; state . Gentlemen , I , shall put before you some instances to show that I have correctly 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 frem 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 , whether 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 wordB of Lord Tenterden , some passages which will show yon that I bave 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 deliberatel y done or attempted , whereby the King ' s life may be endangered , therefore , measures for deposing or imprisoning him , or getting his person into the power of the conspirators are overt acts , ' that is , overt ads for the compassing and imagining ol the King ' s death . And , again , '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 t and therefore the with
_enttrm _^ _-mnutKlt _^ fSr _^ _ttv _^^ nHing ¦ foreigners , or going into a foreign country , or even proposing to go thither , for tbat 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 ofthe 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 ofthe 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 , ' tbat 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 forthe 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 meant 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—thc mere design against the King ' s life or his imperial authority , is tbe 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 be inferred from acts or from declarations written or orally made , that intention so to be collected must haTe as its basis , and tut proof of it , the commission of certain overt 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 ofthe 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 , tbat 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 whieh the crown relies ;
and , in support of these , the crown must satisfy yon thatsome 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 muBt one or more overt acts be proved to have been coinmitted , but it is equally necessary that _« ne overt act shall he 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 _witnesaes 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 not csnstatute 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 evi . dence , 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 intention 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 . ' Tbe other class of counts to which your attention will be directed _require very little observation from me—namely , that ; class of counts by which tho party charged may be said to levy war against our Sovereign Lady the Queen in her realms . That charge also is one which must be grounded upon one I 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 aud actual force . It is otherwise not within the meaning of the statute a levy of war ; therefere it must be a levying of war , not for any private , personal , or particular object , but fe the purpose of tone general innovation ; andji
¦ ' . "' Fl.. , -3-:,: Jjoa , . Rjf •^' ...
have no hesitation in telling you that , if it " should appear froffii the objects , of , ' these _Insurrectionary movements we ' re the ¦ severance , of Ireland from the United Kingdom ; that _» t , f Quid _feftlevying nf _war-withjp . the _. rae _^ niug of this _rgtatute _. _vi-But the _^ language ' ' of the * au ' _thdrfr ti _$ i _£ _! bicH ; _^*^^
and risings for ; the purpose o ' f _* effecting by ; _force-and _numbefcy , _^^^ provided / or ! prga . _$ ? _W _»'»^ r _» Pova' _^ tbe party has _^ particular interest or concern ; have been deemed ! ' instances ' of the actual levying of war . ' _Itia e _# nt _^( . iio _^^ _akinfeb . _^ there . must be ; an . _insurrection-t-lhatu there must * be _? ° rc »? d _^ _the accomplishment of it , and tbfit the _Ww & _fo J > ' general , in . it its character ,: ; - These are all the observations which I have thought it 5 no _^ _mtemt _jotf _mcrtc-Make for ybur government or _disrtehoni | lB . f ; Heye the grown ib prepared to lay the _iridictnients before yoH , and you will how proceed to their immediate consideration .
The / Foreman . —My lord , some of the grand jury vmh _. to understand if it is . necessary that ; eyery overt act should be proved by twov witnesses . The Chief Jostic _*;^ It vrfH 6 e ' sufficferit if atiy one overt act be proved by two witnesses , or one overt act by one witness , and another overt act by a _second'witnes 8 .
TRUE BILLS FOUND _AGAINST SMITH O'BRIEN AND FOUR OTHERS . The grand jury retired at half-past twelve o ' clock , •< id at five o ' clock the foreman handed to the Clerk ofthe Crown true bills . for high treason against William Smith 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 fonnd 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 counsel for Mr O'Brien , Mr James Whiteside , Q . C ., and Mr Francis Fitzgerald . The Attorney General assented to this arrange ment of counsel . Mr Potter then said that Mr M'Manus bad 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 bis 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 tbey were not entitled to it ai a right . Mr Lane : I ask it as a _favour , and not as a "g _hk _* . . ; . _-. ; v . M _^ _j-. _'Vj-A * - _% " : _*' _Xi . _$ _-M ? _] sj _ - '" ! The Chief Justice ii : ton _haye-admittea _^ _iPyon are not of right entitled to a copy oftbe panel ; and as a matter of favour it cannot be granted , unless with the consent of the Attorney General . It is to _himj 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 minor 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 : — _VKrat count : 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 instigatiou of the devil , as false traitors against eur said lady the Queen , and wholly withdrawing the love , obedience , fidelity and allegiance , which every true and lawful subject of bur 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 af ths 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 tbis realm , and being so assembled together arrayed and armed against our _saih lady tbe Queen as aforesaid , did then and there witd . great force aud violence parade ancLmarch in a hostile manner in aHd through divers villages , towns , places , and public highways to wit , in the aaid 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 aud upwards upon and 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 thesaid 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 1 here make a warlike attack upon a certain dwelling : house , situate at the Commons of Boulagh , in the
said parish of 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 ihere 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 _Queea , her crown and dignity' .
. . . , ____ . _ The 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 , & c _, and with having there levied war against her Majesty the Queen , by marching to a police- 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 ° f Tfar * The third count charges the sane parties with having erected a barricade at Killenaule , in order to
¦ ' . "' Fl.. , -3-:,: Jjoa , . Rjf •^' ...
obstruct tbe marching of the Quetn _' B troops , inhui _therance 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 Ballingarm together with rive hundred other persons , at presens unknown , on the 29 th day of July last , and vntlt having there made a warlike attack , and fired upoa a large body of-constables who had been assembled ! for tbe discharge of tbeir duties in a certain _dwjettj ina _. _houseat said _^ Commons . . ... . ..: i
The fifth count charges the same parties with having subsequently appeared in arms , with other ill-disposed persons , at Ballingarry—namely , on tht 29 th of July , being actuated with a design to sub * vert arid destroy the constitution and- government , 0 this realm , and to deprjve and depose our . _soygwujf _^ lady , the Ojaeen i of and from the style ; _jjionour _^ tm kingly nau _^ Tie' ' _aii _^ han ' _oI'lBaVio _^ braces all . the overt . _^ ' _ctsrsetro ' _uti ' _nilieirlve former counts ,- aM _^ llemng in : * ' _geneWtertfBftbafethe ' _obv- } _j $ _^; _i _| _£ p ) t # _^ fecited _^ : viz ; , to move and , excite in 8 urreciibn _17 iK _% e 1 _& lion _^ and war againBt our lady the Queen , and to _s _^ _tertand altertheI " * legialaiure _, _^ _ler ' and . ; _^^ _ierjaniciubj now _establishedwithinthisreaimi : \ '
¦ CALENDAR QP THB _PBISONEKS . ' 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 _aftw _JamesTWalsh ..- '"• • '¦ , ' One ofa party of insurgents who attacked tbe police at Farinrory and was wounded . —James Dwyer .
Engaged with ; Smith O'Brien in rebellious and insurrectionary * _prbceedingB .-r-J 6 hn Preston , Jere miah' Kealy , John Linnane , Pat Ormond , John _iBrennonj iStephea Morrissey , James Butter * , Janata Day , Edmund Kennedy , Michael Bryan , Edward Maher _,, and James Britten . '' : ' ' [ Concerned in treasonable practices . —Thomas Parker _O'Flannagan and Pat Dunn . Having a pike in a proclaimed district . —Martin Murphy , William Quirk , and Daniel Collins . One of an armed party who attacked the police barrack at Glenbower ( wounded )—W . Kelly . Aiding and assisting Smith O'Brien 11 arms against the Queen . —Thomas Finnane and Edward Kennedy .
Concerned in treasonable practices . —W . Pratt and Denis Thyne . High Treason . —Manin R . Leyne , Patrick O'Donohoe , JaiueB 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 * , tte . —James Neill , Patrick Walsh , and John Moore
COUNSEL FOR THE DEFENCE . Mr Whiteside , Q . C _., has been retained for the defence of Mr T . Fj Meagher , The learned gentleman yesterday obtained the necessary licence at Dublin Castle . The other ctunsel for Mr Meagher are Messrs Butt , Q . C ., F . Fitzgerald , and Sir Colman , O'Loghlen . Those gentlemeu are also retained for the defence of Mr Smith O'Brien .
TRUE BILLS FOUND AGAINST T . F . MEAGHER AND P . _O'DONOHOE . Cmnmel , Friday , Sept . 22 . — At _half-past three o ' clock , the Lord Chief Justice ( Queen ' s Bench ) , Chief Justice ( Common Pleas ) , ami Judge Moore , entered the court . The grand jury had pre viously appeared in their box , and the Attorney - General , Solicitor-General , and Crown counsel wer , 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 . ) .-rThomas 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 to be 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 banded to Mr Meagher . It is similar . to that found against Mr O'Brien . _v ¦ ..... - ¦ .
Lord Chief Justice . —1 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 _attorney ? Prisoner . —The arrangements with my leading counsel are not yet concluded , and I pray your lordship that pending those arrangements you will allow an application tobe made tothe 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 . Lotd Chief Justice . —Kirwan , between Ibis 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 rive days showed by law will bave expired , and on that 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 ofthe indictment ? Prisoner—Yes , my lord . A copy of the indictment was handed to the prisoner . It is similar to the others . Lord Chief Justice . —Are you now prepared io name counsel and attorney ? Prisoner , —I am not prepared to nominate an at _» torney at present , but I will be prepared in the course of to-morrow . Lord Chief Justice . —Are you prepared to nom . nate counsel ? Prisoner *—Yes , I name Francis Maher counsel .
Lord Chief Justice . —You are at liberty to name a second if you think proper . Prisoner . — Allow me time until to-morrow t _« do so . Lord Chief Justice . — Yes , you can do so at any time between this and Friday next ; but tbe 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 . _Clonmbi ., Saturday Night . —This morning , at eleven o ' clock , as on the previous day , Mr Justice Moore came down and opened the court . The nameB of the Grand Jury were called over , and tbey retired . On returning into court at half _, past one , the Judges having arrived , the foreman , Lord Suirdale , reported that they had found tru . bills 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 informed 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 , and 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 next .
Latest News From Ireland. Clonmbl, Thurs...
LATEST NEWS FROM IRELAND . Clonmbl , Thursday , September 28 . —This being the day appointed for the commencement of tlie state _ttiale , a multitude of persons assembled at an early hour in the neighbourhood of the _oourt-honse , anxious to bo present at the proceeding . The entire day was occupied with preliminary motions and arguments .
Ahoiueb Bodi Of A Suffeeer In Tbs Ocean ...
_AHOIUEB BODI _OF A _SUFFEEER IN TBS OCEAN MO . kabch . — Oa Monday on inquest was held before Ue Carry , on view ot tho hod ; of a man unknown , _wbioo was found by the Captain ot a steamer whioh was working at tbs » rock oa Friday night . Ho was about _fivt feet eight inches high , and baa on a black frook coat and pepper and salt trousers . The face was e _« disfigured end decayed that the _oonnteauoe _wattfiaceit Terdlct—Found drowned .
-
-
Citation
-
Northern Star (1837-1852), Sept. 30, 1848, page unpag, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns4_30091848/page/1/
-