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74

THE EXAMINER,

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— ——— it would require more than the ingenuity of a Philadel- phia Lawyer to demonstrate that the mere expression of approval, in such a case, is sedition, or any thing of the kind. And, again, if I did express my approval of the designs ofthe Young Irelanders, the question would arise, Have any people a right to go to war for the at- tainment ofa political object ? ‘The recent trial of Smith O’Brien disclosed the fact, that the people of England, or rather the immaculate, consistent and loyal Whigs were prepared or preparing to march an armed body of men into London, with the view of overawing the King and Parliament, in 1831, into a concession to their views on the subject of Reform. To go farther back—in 1780 there sprung up in Ireland, as if by magic, Eighty thou- sand armed men, possessing all the skill and discipline of a veteran army, and valour and enthusiasm which would have made them equal to any emergency—and affording, through the leadership of the illustrious Duke of Leinster, a guarantee that their power would be ex- ercised for the public advantage only. Over this army of Volunteers the British Government held no controul ; mdeed, through his inability to suppress, the Viceroy was compelled to recognize it, and treat its officers with the same degree of respect as he did’ those of the regular Army. At this time, the Government and the people of Ireland were at issue on the questions of free trade for Freland and the independence of her Parlia- ment. The British Ministry would not yield—the peo-

[reland submitted tothe English yoke, down to the reign of Her present Majesty--is a monstrous lie. As to the second part of the sentence, every intelligent reader will perceive that I have only enlarged on a’very trite remark, namely, that Rebellion, when it fails, is trea-

son, but when it succeeds, is glorious Revolution. If

this be sedition, Her Majesty’s Law Officers would have occasion, every day in the year, to prepare an in- dictment against some presumptuous printer.

The next and last sentence condemns the Young Irelanders for their incapacity in not perceiving their inability to cope with the Government, and states that they cannot hope for an acquittal before partizan judges, and a partizan jury,

Now, { presume that even our new Solicitor General, though he may be ever so anxious fora case, would not pronounce the sentence of which the above is the substance, to be an overt act of treason, nor yet sedi- tion. It is certainly not disloyal to say that the Young

is it disloyal to'say they were to be tried by a partiza

ima ea neeaiy geen Sy

O’Brien, is an unsatisfactory result. High Treason ig so awful a crime, that it can have no qualifying circum. stances: the law which defines it has imposed upon it such tremendous penalties, that it is manifest those who defined its guilt, also declared that there could be no qualifying circumstances accompanying it; and yet, the Jury who tried Mr. O’Brien gave, upon their oaths, a qualified verdict when they said, “The Jury being unanimously of opinion that for many reasons his life should be spared.”

“The opinion is, we believe, one that must be re- sponded to by every person who has read over the tria?, and maturely weighed the evidence. The trial, we con. ceive, discloses the state of the facts to be really this— that Mr. Smith O’Brien did, with others, contemplate effecting a frevolution in Ireland, at Ireland, at a Suture period—that, if he were permitted, he would have carrieé that intention into effect—that Lord Clarendon, by the vigour of his measures, baffled him—that Lord Claren- don. prevented a rebellion—that Lord Clarendon, by ao doing, converted the individual, who would most probe- bly have been a rebel, into an outlaw—that Mr. O’Brien, finding himself in the position of an outlaw, with a war- rant for his arrest, and a price set upon his head, acted

he came in contact to arm themselves is his defence, to resist the police, and even the army, if they Sought to

Irelanders were incapable of effecting a revolution ; =a AS AN oUTLAW—endeavoured to induce all with whom

Bench and Jury. The term partizan means, being the adherent of any particular cause or party. The Judges who preside at the Clonmel Commission have been quite conspicuous as the advocates and adherents of a politi-

cal sect, and have rendered theriselves very obnoxious

to the majority of the people of Ireland by their opposi-

tion to the Repeal of the Union, the cause in which the prisoners were engaged. Something more than mere partizanship might be asserted of the Jury panel, when it is known that in a Catholic county, the Sheriff returns only 18 Catholics in a Jist-of 228 jurors. For these facts, I can refer to almost any of the Bondon news- papers, and to several of them for expressions far strong- er than any [ have used in reference to the Bench and Jury. ,

It appears, however, that that part of the editorial which caused the most uneasiness, is- the concluding expression of “recret that such men ever espoused such. a cause, or having espoused it, they did not succéed.” What “cause?” “Rebellion, of course,” cry a dozen voices, I beg your pardon, gentlemen, I meant no such thing—yon are all decidedly too hasty in jumping at such a conclusion. Repeal of the Union was un- doubtedly the “cause” Smith O’Brien took in hand— physical force, I believe, he contemplated, (but: did not use) as a means of carrying it out. Rebellion is never a cause—it is the means, or the effect of a contest for the accomplishment of a certain object, which is the cause. Supposing the Volunteers to whom I have re- ferred had been put down by Government, and I should say, “I am sorry they did not succeed,” would any one suppose I meant success in overthrowing British Sove- reignty in Ireland? No—their object or “ cause” was principally Free Trade. and my ‘regret’ would have had reference to that alone.

“ But if you are a Repealer,” I fancy I hear-some one. ask, “why do you ‘regret’ that Smith O’Brien ‘ es-

To return to the editorial under review: The next) poused the cause’ of Repeal ?” sentence asserts that Ireland has been oppressed toa I answer, because Smith O’Brien espoused that cause greater extent than any other country in- ancient or| with the intention of employing physical force, if neces- modern times, and concludes by saying, that if she had/sary, which I think atleast impracticable, and because the power aswell as the will to relieve lrerself from! I have confidence in the efficacy of a moral agitation. | this oppression, “thousands who hare no more incom-| « O, but, Smith O’Brien and his confederates com-

mon witht the frish-people than the universal sentiment! mitted acts of rebellion, 2nd it is disloyal to sympathise . . . . ° | of liberty, would rejoice to witness the exercise of that} with them.”

power, and would proclaim, as worthy the applause of|

ple had no alternative but to rush to arms. On the field pieces of this truly national armament were in- scribed, “ Free Trade, Free Purliament, or speedy Revo- lution ;” and yet its promoters and commanding officers. were not only not acensed of disloyalty to the Sovereign, but became the objects of especial favour at Court. Barry Yelverton and Hussey Burgh, who were on the Duke of Leinster’s Staff, were afterwards appointed Chief Barons of the Exchequer; and Henry Grattan, who occupied a similar post in that same army whieh threatened’a “speedy Revolution,” was not considered unworthy of a seat in the Privy Council, a seat in the Irish House of Commons, and after the Union, of a place in the Imperial Legislature. Nay, the King of England condescended to eulogise, in the most unqua- lified terms, the loyalty and sidelity of his Irish subjects while those very subjects were in arms without his Ma- jesty’s authority, and prepared to do battle for their rights against iis Ministry.* The fact was, the Volun- teers were loyal to their Country, their King and, Con- stitution, and not to the King’s Ministers; and the Mi- nistry being unable to subdue so formidable a body, deemed a conciliatory course the wisest they could pursue. Had Government, however, been as powerful at that time as the Gastlereagh Government in 1798, or the Clarendon one in 1848, many of those who held seats in Parliament, and commissions in the Volunteer Army, would doubtless have been hung and quartered ag traitors. But, 1 ask pardon of my readers—it is not the history of those times I purpose.to write.

Stay, most ca>tious reader. Your proposition is not

< : ° ° ° “5 | inankind, the men who were foremost in directing H strictly true, and even if it were, your conclusion would |

“irst, as to the ssion ; if j . iti : : ye ; ; ; mn th é A ater ’ : it be treason or suas Lk be logical. Sinith O’Brien wascharged with haying| o say that Irelan 5 will at i ’ orang’ has Deen badly governed, I-will ot} ommitted acts of rebellion, at the time I p@blished the, ance plead guilty, and declare that all history, from the

Fo editorial, but those acts had not been proved against! time ef:the Henrys (vulcarly called the conquest), when

him before that tribunal which alone had the right to!

‘ judge; and, acting on the humane maxim of English *e> ‘ iT on ~ . : é ‘ ° ° . ef ‘ i; mameaneae . rast: i782, his Majesty the| Law, I was fully justified in believing Smith O’Brien King delivered a § i i alle. Saat Gilteaiie eleaun: lone Peni he! innocent, until, at least, his Jury had decided otherwise. caued ng ch on of: his Par-|,.. liament.to.the condition of lenlen) ‘i His Jury has decided otherwise—has decided that he is

‘In the midst of my careand solicitude forthe safely guilty of High Treason; but that same jury has declared!

| and welfare of ruts country, I have not been inattentive | uranimousiy that his life, for many reasons, should be} to the state of my loyal and firithfg

a eet of kingdom of Ireland. spared. This qualified verdict seems like saying, “ We! “rave (In consequence your addresses presented to } 7. * nD. . :

me in the lasé session): ordered. suck diene ee col. (eee eare Smith O’ Bried guilty of high treason, but we lected and laid before you, as may assist your delibera-|[C@ve him not to be guilty, and therefore his life

tions on this important business; and [ recommend it|should be spared.” ‘This point is so ably and clearly w you to consider eal FURTAER benefits and advanta-| put by a popular London Journal (The News of the spies aur) pneu thar an ana aaa cron 0 15th instant,) that { cannet do. better than ‘ae SOMMON strength, wealth, and, interests of au my | Pole it3. Words :—

CM PLONG,,”» » 'Ehe qualified. verdict of the jury, in the case of Mr.

enforce the warrant against him; and so acting as an outlaw, when deprived of the power and the choice of being a rebel, he has been, for his acts as an outlaw,— treated as a rebel; and the same verdict which de- clares him guilty of a crime to which no merey can be shown, says, at the same time, that, “ for many reasons his life should be spared.”

I] am not defending the conduct of Smith O’Brien. 1 am defending ny own conduct in not condemning him prematurely ; and if I believed him to be loyal to the. Queen and Constitution at the time I published the editorial which has called forth this explanation of my views, I would not be singular in entertaining that be- lief. On his trial the following testimony was given:-—

“John Bolton Massey, Esq., sworn and examined by Mr. Fitzgerald.—Has known Mr. Smith O’Brien since he was a boy, most intimately, and from his knowledge of Mr. O’Brien’s sentiments, could never collect any hostility on his part to the King, Lords, and Constitu- tion; he wasa decided Repealer.

“ Sir Denham Norreys, Bart., examined.—Is a mem- ber of Parliament; was an M. P. in 1843; believes the report now handed in to be a perfectly correct report of what Mr. O’Brien stated in Parliament in 1843; the document produced (found in Mr. O’Brien’s trunk) is in Mr. O’Brien’s handwriting; it is an address to the peo ple of Great Britain; Mr. O’Brien IS a friend to the Queen, Lords, and Commons; IS a friend to social order and an enemy to anarchy.

“ William Fitzgerald, Esq., Adelphi, sworn and ex- amined by Sir Colman- O’Loughlen.—Has been ae- quainted fortwenty years with Mr. W. S. O’Brien; he IS a friend tothe Queen and constitution; he never concealed his sentiments; he is a friend to social order : believes him to be as humane and tender-hearted as any man in existence.

“ Hon. Cornelius O’Calaghan sworn and examined by Mr. Fitzgerald.—Is acquainted with Mr. S. O’Brien: knew him asan M. P.; knew him eight or nine years ; believes him to be attached to the Queen and constitu-

tion,”

So much then, for the accusation of disloyalty against. myself. I am sorry that I have been obliged to play the critic at such a length on my own performance ; but the alarm of well-meaning friends left me no other alter native. As for my enemies, | have no bbjection to read communications by. the score, and editorials by the yard, in the other. two papers, all intended to show that [ have committed an indictable offence. If I am guilty of any such offence, the Law Officers. understand their dutr, without having it pointed out to-them by any impudert fellow who can write a communication for the News- papers. A prosecution would be just the thing to pro- mote the circulation of the Examiner, and I heartily wish it may be commenced. If not, | must conclude that the Law Officers of the Crown can discover nothing in the

editorial to justify a prosecution against me; and my

loyalty to my Queen and country must: remain unim- peached. E. W.

Tuesday Morning.—The above article not having been written, for the most part, until a late hour yesterday —we were obliged to omit other matter previously in- type ; and this circumstance will account for the little delay in getting out the present sheet.

The Hon. W. H. Merrit, the new Canadian Provin-

cial Secretary, has been re-elacted by acclamatio:, for St. Clair,

A soldier of the Royal Canadien, Rifles came to his

{death recently by drinking a pint of raw whiskey,