Current:

Northern Star (1837-1852), 14th October 1848, Edition 2 of 3, Page 5, S SEfJ.fllPTS OF THB NATZORaXi Zt&HD COM...

Page 5
Page 5
5 of 8

On this page

  • Departments (1)
    • &*)artt£t * HteUig?ni?<
  • Text (13)
  • 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.

      October 14, 1848. , The Northern Star. 5...

      October 14 , 1848 . , THE NORTHERN STAR . 5 "

      Kislacet. — Mrwoikman Calls Attention To...

      KisLacet . — MrWoikman calls attention to thenar happy position of the family oflacey , oae of PowellB - rictims . MrsXaceyhassix children allhelplen . Mr "WorKman acknowledges the sum of Ss CdframJ . F ., for the Westminster Tictim . SeTeraloftiemenseDteaced to imprisonment hare families in a state of ies-• jJtntJoji . ^^ VrsFcssiLi . —ThecoiBHiittee ofthelambethlocslity wiUfeei obliged to aU the persons who recerfed earns ftir the benefit of Mrs FusseU from Mr HuBt , if they win meet them at the South London Chartist Hall , on Sunday afternoon , at three o ' clock , or Tuesday ereoinz . at eight o ' clock , for thepurpose of getting 8 return

      of card saad money to be paid orer to Mrs FusseU . JowEtL ' s Vicrnts . —Sereral correspondents being desirous tolearn the names of tb ^ jurjinen on the Chartist trials tie have cammimicated with Mr Roberts , who is unable to giro the infermation required . SUATDir . —Please to Cflrrectthe foUewingerror : Mr and Mrs Jams , Is , and 6 d ; ahodd hare been Mr Farrow , Is , Km Farrow , 6 d ; for tie Yictim Fund . Jakes Gbassbt . C The ' Trades meeting at Sowerby Bridge , ' and the Miners'Association of Lancashire , ' are in type , but the length of the Irish trials have compelled their withdrawal . Theyshafl appear in our next

      S Sefj.Fllpts Of Thb Natzoraxi Zt&Hd Com...

      S SEfJ . fllPTS OF THB NATZORaXi Zt & HD COMPANY , FOR THB WEBK EHDIN 6 THURSDAY , OOTOBER 13 , 18 M . lERHBO'COHBOB . fBABES . £ » . A . I BoeMsle - 3 12 ledbmy - 0 4 6 1 Haltoa - a 0 0 Brighton , Brown 15 7 i Brunswick BaB 0 9 6 Bristol - 5 o 0 . Sal & rd « 11 * 0 Colchester - 2 7 0 ¦ Westminster . 0 2 6 Nottingham , 3 STewBadford « 0 6 0 Sweet .. 014 8 ( Charley ~ 3 9 3 Harriet Towers 010 0 Tflh / coultry _ 16 6 James Roberts .. 0 4 0 ffewcastle-upon- 6 H Chatwin M 0 2 0 Tyna - 10 0 0 Glasgow - 317 8 £ 35 12 2 HXP 2 HSB FOHD . SocMale - a 2 0 Wootton-nider-BrunswickHall 0 S fl ** ** _ « £ " ! s-Jfbrd - 0 4 0 JamesBoherts .. 0 2 6 SewBadford - 0 1 4 J AmbroseCoffin . 0 2 6 Brixton , Brown 0 8 9 Join Bead ~ 0 0 6 oSchester . 016 MAKead . 006 Hottingham , Glasgow - 0 3 9 Sweet .. 0 9 0 £ iniej ATDFBHD . CBossiter w - - ° ° 4 Land Fond ... *~ •» 3512 2 ^ Expense Fond . » ... 2 11 IO AidFnnd ... ° ° £ Rules ... ... ... ... 0 2 0 £ 33 6 4 | W » . Dixon . Chbistofsu DotLS , Teos . Cubk , ( Carres . Seo . } Paava > lt ' 6 * UTH , ( Fin . Sec . ) THE LIBERTY FOTD . BICHVXB AT LAND 0 IFICE . JfriBidweU - ~ « 0 4 C KCSITSB BT 3 . K ' cSAE . Haddersfield , W Little Hortoa , B Araatage .. 0 2 6 Elswortn - 013 0 DoBcaster , B Hotofirth , H Onnfield .. 0 6 0 Marsden - 0 5 0 XowerWaxley - e 2 0 . Boyton . J B ftowa and An- HorsfaD - 0 « 0 cnor ~ 0 6 0 T « dmorden ,-IH Le-Jiiington - 0 6 6 Peel -. 110 WBterheadMfll , Todmprden , JH B . Beaumont 618 0 Peel - 0 5 6 Cbippenham , Mr Derby , W Short 0 10 0 BS & ecfc _ OlO Eaaennmster , HaworuXEdwd . W Testes - 0 3 6 lethal h 0 5 0 £ 5 2 0 FOR FAMlLlis " oF VICTIMS . SBCHTEB BT J . ' CBAB . limehouse , per Colne , per J Mr Ford .. 0 5 0 Watson -. 010 0 Jgils 0 S . B . —All monies and correspondence intended for Chartist purposes to be directed to Mr Kjdd , National Ltsa CSse , High Holborn , London . SKCDVED BT W . BISIB . Holrnfirth , per H Marsden -. « ' 5 0 BICHTXB AT 1 ATO OfflCS . Harylebane M . 010 FOB XXS af DODAtt . XICE 1 VED BI W . BIOXB . Hadee wildfire 0 10 Bridgen-ster , 5 Friends -. 0 7 2 _ - — £ 0 8 2 Bemittedto Mjr James FarrelJ , 62 J Bienmond-stoeet i Liverpool . DEFENCE FUND . BKCEITED AT USD OfFICS . MrDobson , West- HnBaxn « , Ljnn 0 2 0 nrnster - 0 10 Mr Hartley , Ae-DHopsiBS - 0 10 crington - 0 6 0 * MrTwaitijtynn 0 5 0 £ » 15 0 BE M'DOUALL . MeEITSD BT W . T . B 6 BSBTS . For a Hew trial , from Mr Benjamin fffling > of Padiham a •» - .. 010 a JTOTICE . Those officers of the Company who hold in their possession portionsof Land or Expense Fund mustfiMrward them immediately to the Directors . Tie Secretaries of tie foBo wing Branches baring been feefuentJv written to during tie last six mentis for « re tarns of fl » payments of the members from the commencement ' without effect , the Directorsare constrained thus publicly to require that sach returns be made forthwith , bringing the accounts up to the 29 th of September , lSiS —Newton Abbott , Ofler . Pndsey , Steeple Clayton , Taunton , T / pton-ou-SeTero , Bradfor d ( Tori ) , Bury , Bury gt . Edmunds , Bishopwearmoutli , Burrowasli , Belper / WheaflejJy Bridgenortu , Belmont , Cheltennam , I « eeds , Sdinbttrgh , Greenock , Globe and Friends , Dudley , Darlaston , Dorchester , Dipton , Dover , Dartmouth , Gorbals , GothaBi , Great Tew , Engeaple , Kilraains , Kilwinning , Horncastle , Dodworth , Dowlais , Denny , GIossop , Hindley , Winstanley , Idle , andKennington . FaiivrpM'GBAZH , Finance Secretary .

      Defence And Victim Fund. Received By Wh-...

      DEFENCE AND VICTIM FUND . Received by Wh-Ridib . & a . d J . J . C . ... 0 10 ShildoaChartists , per J . Parker ... .. 0 3 6 A sao » maker , Botherhlthe ... ... 0 10 TenCnarfisis , KiJdenninster perW . Yeates 0 2 6 Mrs Biser , Brighton ... ... ... 0 2 6 Bermcndsey , per W . Bdwards ... ... 0 6 0 Bristol , pa W . Hyatt ... ... ... 0 13 6 „ per W . Edwards 0 4 0 „ perW . francoabe ... ... 9 2 6 £ 1 16 6 ^ --.- >^ -- > - ^ ssssssssslsssssss *> . ^ - » . M---------

      _ Centbal Tlctih Committee. Bseejpts Fro...

      _ CENTBAL TlCTIH COMMITTEE . BseeJpts from October 2 nd to October 8 . h , 1818 . MrKjdd , as per Sxs * ... ... 0 16 8 Dean Street Locality ... ... -011 1 L ' anehouse , per UrSydd ... 0 5 0 South London Chartists ... ... 0 7 6 Nottingham , per James Sweet ... 0 6 0 Leicester ... ... 0 5 0 Cigar Makers , per Mr Brick ... 0 5 0 CripplegateCnartists ... ... 015 21 UrBider , asperSrAB ... ... 2 6 2 Eraest Jones Locality ... ... 0 6 8 Somen Town ... ... 0 5 0 £ 6 9 3 i 3 . 3 . XmutkB , Bon . Sec . Mr James Graseby hating been compelled by private en . gagements to resign the secretaryship of this Committee , it is requested that in future all monies , Post Office , orders , & c , be addressed te Jo « iah Jobs Herriman , Calliper ' s CcfFes-honse , 2 SSJ , Strand , Landoa .

      &*)Artt£T * Hteuig?Ni?≪

      &*) artt £ t * HteUig ? ni ?<

      Dawabubt. —At A District Delegate Meetin...

      DawaBUBT . —At a district delegate meeting , held in the Chartist-room . Mr Stnbley in the chair , the delegates engaged tha Christian Brethren ' s-room , at Bailey , near Dewsbary . for the intended visit of Mr O'Connor . Hitmx . —Mr HincheluTe , on behalf of the Chartists of Halifax , denies that the informer , Robert Eramett , was ever connected with the movement in that tows . SHirnai ) . —Mrs Theobald delivered two lectures in the Town Hall , on Tuesday and Wednesday week last . Tax Victims . — BnanKSHiK . — A committee is formed at the Royal Oak , Litchfield-street . to receive ittbscriptiona for the Defence Fund . Mr O'Cosses's Ynm to Abxbsszs . —A general preliminary meeting of the Chartist * of this city , called by public placard , to make amngemeBts for Mr O'Connor ' s visit , was held In the Union Hall , on Friday evening , the 6 th inst . Mr Whalley in the ehair . A goodly number of Chartists were nominated ss candidates for the committee of seven Chartists required by Mr O'Connor to conduct tbeproceedings on the day of his arrival . The rote was tthen by ¦ how of hands foa each candidate , singly , and the Mowing persons were declared duly elected : — Messrs Robert Findlsy , agent for the Nobthkrs Sxut ; Charles Logan , % veteran Chartist ; James Russell , John Milne . George Smart , local secretary ; J-lFraor , treasurer ; D , Wright , corresponniBg sec It was proposed that a great public meeting be held in TJnion Hall , on the day of Mr O'Conaort armal , which was adopted

      Totfle Working Classes. ' Words Are Thin...

      TOTflE WORKING CLASSES . ' Words are things , and a small drop of Ink Falling—like dew—upon a thought , produces That which makes thousands , perhaps millions , think . ' Bno * .

      The 'Coimctelv Patriot. ' Justice Abd Ch...

      THE 'COimCTELV PATRIOT . ' JUSTICE ABD CHABITY . ' Bboxhis PfiOLJtiAauHB , —After my remarks last week on the trials » t the Old Bailey , I night thii week appropristely comment on afeindtei eubject —the trial of Smith O'Brien and bis nnfortnnate eompatriots ; bat Iabstaiarrom doieg so , because I am aware that the trial of the Irish patriots will be dose justice to brother writers is this journal . I may , however , permit myself to express my sympathy for the man who is at thia moment menaced by a violent death for tha crime (?) of loving his country , ' not wisely bat too well' I say , ' not

      wisely , 'because the result of Sura O'Bbiks ' s venture has shown that the mass ef his countrymen were set worthy of the sacrifices which have been made , and the penalties which hare yet to be paid by , I fear , more than Suits O'Bbun . Far be it from me to condemn the 'indiscretion' of the vanquished patriots . I would rather err with such men than be accounted wise with those stagnant-blooded lip-worshippers of Freedom' who have never been goilty of the ' mistake' of sacrificing or risking anything for ' the cause , ' of which they profess to be the 'friends . ' These reptile itoerals honour the patriot only . when successful . Tsxl and Wmhingtoh tbey admire , because tbey were victors ; bat Eioisir died on the scaffold— what better proof would yea have

      tbat he was a fool V Of coarse , sach men can only wonder at tha 'folly , ' ' rashness , ' dec ., of poor Suite O'Bbkh . Ambition has beea said to be * the glorious tault of heroes and of gods . ' If a fault , and such a fault—usually so productive of misery to mankind—if snob , a fault may be pronounced 'glorious , ' surely , tbat epithet is not misplaced when applied to the error , which can be committed only by men of generous hearts and lofty aspirations—the error of believing that slaves love liberty , and the oppressed are ever ready to break their chains . A fatal mistake , I admit , for fatal have been tbe consequences to too many of earth ' s noblest sons who have

      sacriiced all for their { too often ) unworthy fellow creatures . Nevertheless , inch mec—the martyrs , whose bones pave the ragged path to liberty ' s temple , have a claim to more than our sympathy * Brother Proletarians , you wifl not refuse year homage to the onfor tunate . Ton teitfgive your applause te tbe mar tjrs , as well as to thevictorswho fight your battles . Everyman of yon should read to his neighbour the horrible sentence passed upon Smith O'Bbienevery father should impress the words ot that sen . tenoe on the memory of his son , a lesson to bind the heart and mind of the child to the service of that sacred cause of Bight against Might , against which that barbarous sentence is directed .

      Of course the Whigs will not dare to carry that hideous sentence into execution . A traitorous faction—not only traitorous to the people , bat now proved beyond the possibility of denial , to have been guilty of p ' ottiog treason against' the king and Constitution'in the time of the Reform Bill agitationsach doubly-dyed traitors will recoil from communion with the hingman and the headsman . In dooming GoTFarand bis fellow-victims to life-long slavery for the offence of having ' conspired' to carry out Whig lessons , l-ord Joe * and his colleagues have done quite enough to ensure tbe inscription of their names on the r « U of infamy . False , cruel , and ViodictiTe as the Whigs notoriously are , I do not believe that they will shed the blood of Smith O'Bbier . Bat

      what shall be said ef men who permit the continuance on the statute book of & law enjoining su «& a sentence ? Imagine the victim after being made a show of— 'drawn on a bardie to tbe place of execution ; ' imagine him haneed — strangled by the vile hands ot agallows . ruffian ; then the head cut and hacked from the lifeless corpse ; and , lastly , the body divided into four quarters , ' to be disposed of as ber Majesty shall please !* Imagine the gery remains of the martyr placed at the disposal of'the Mother of' her people , * and by her 'graciously , ' appointed te be Btrens to eity gates and cattle walls . ' The Whigs

      dare not do that . Why then retain a aeeless and barbarous form t Is it retained to show that although Monarchy has had its teeth drawn and claws cut efi , that nevertheless the impotent monster is still , in spirit , what it was in thed ays of its fnghtrsl power ? If the law of treason is to remain in aU its ancient brutJahsess , why not revive the stupid and sanguinary laws against heresy and witchcraft ? Perhaps the worst part of the sentence is the hypoensy of the concluding words : —* And may God have meny on your soul / ' Condemned by his fellow creatures to a horrible death , the victim ispfowfy recommended to the mercy of God !

      « 0 ! for a forty-parson power To aug thy praise—Hypocrisy I ' I proceed to the second subject of this letter . The terrible combat in the streets of Paris in Jane last , was scarcely ended , the blood-reelcing sabreof Cavaiqsac wasbut jnstrestored to its scabbard , when the alarmed Dictator discovered that be had as yet done nothing to secure his victory , or prevent the recurrence of similar struggles . Some thousands of workmen had been butchered , thousands more were in tha foal depths of vilest dungeons , doomed to

      transportation ; and Reaction , Death , and Terror , had been substituted for 'Liberty , Equality , and Fraternity ; ' still the ideas which had prompted the railing of the barricades , had not been annihilate ! —on the contrary , it was seen that the new faith had been rendered stronger by the martyrdom of its devotees . Musketry and cannon—however powerful to mow down men in masses—eonld not mow down principles . Cavaissac , therefore , turned to another quarter for help , in the vain hope that what , tie soldier ' s sword could cot effect ) the Sophist ' s pen might , perhaps , soosmpltsh .

      ' Persuaded that it was not enough to re-establish material order by means of force , unless moral order was also re-established by means of true ideas , ' Cavaissac applied to the 'Academy of Moral and Political Sciences' te assist him in the task he had set to himself , of attempting the extinguishment of ' pernicious theories . ' The Academy at once responded to the General's request , and appointed a Csmmission of five members to take measures for the moral defence of ' social order . ' When it is stated that the notorious Thiers is a member of the ' Commission of Fire , " the reader will anticipate the kind of' moral measures * likely to emanate from such

      asource . The principal measure determined on by the Commission was the publication of a number of treatises on tbe meat usually agitated topics of social economy , in a cheap form , for circulation amongst the masses . The first treatise is from the pen of Victor Cousin , and tha subjects discoursed of are 'Justice and Charity . ' A translation having been published in London , I am enabled to offer a few remarks on a work which is not likely to set either the Seine or the Thames on fire ; and , on the other hand , is as little likely to extinguish the fire of the 'Red Republic '

      Monsieur Cor / sct commences by insisting that every legitimate system of society must comprehend both Justice and Charity ; 'for this simple reason , that every society , as every individual , is subject to the concurrent rale bath of one and the other . ' If it is in the nature of things tbat every society , and every individual in socie < y . is subject to both 'Justice' and 'Charity . 'it is very superfluous for Monsieur Cousin to tell his readers that every legitimate system must comprehend both principles . It is like saying that , aa every human being is dependent for the preservation of life on air and food , therefore air and food are indispensable in every legitimate state

      of society . But is it true that every human being is subject to the concurrent role of 'Justice' and ' Charity V Judging men by their actions , I should be inclined to say , tbat a very large number of men are not subject to either . Bat , admitting , that men should submit themselves to the sovereignty of 'Justice , ' I deny that society , or man individually , has any occasion f <> r the ' eoscurreat rale ' of'Charity . ' Jmiitia gufjuit ! ' Tea , 'justice is sufficient . * Were men just there wonld need neither laws nor constitutions—neither Codes of morals nor divine revelations , to ensure the liberty , equality , fraternity , and happiness of the human race .

      It has been truly said of certain theologians , that whereas tbey have taught that God made man in his own image , the truth is , that tbey have made God the image of man . So I affirm of Cocas and his colleagues—whether sophists or soldiers—that the incarnation of rapacity and cruelty they have set up and called 'Justice / is bat the hideous representative of their own avarice and ferocity . 'Justice / says Cousin , ' while respecting tbe liberty of a man , may , with a safe conscience , let him die of hunger / To prevent this outrage on humanity , he calls in ' Charity' to sanction assistance to the perishing creature . 'Too are hungry / says Couaor , 'J feel it is a duty to succour you ; but you have no right to exact from me the least portion of my property ; if yon wrest a single farthing from

      > me you commit an injustice . ' This might apply to a state of society in which all enjoyed equal facilities for obtaining the means of subaisteucc , and in which every ona possessed of property , possessed only tbe fruits of his own industry . But the reverse of both exists under tbe present system . In England tht relief afforded from the poor rates to the destitute h , in fact , a return to the labouring classes of a very small portion of the wealth produced by those wbo , although' paupers / are the great creators of' pro * perty / The same holds good of the assistance rendered by the shte to the unemployed in France . Befora lean consent to adopt Codsbt ' s theory , I must be satisfied—1 st . Thatall the property he is possessed ef is the product of his own labour , whether hand work or brain work ; and 2 nd . That no human being exists in France , tha fruits of whose labour have been

      The 'Coimctelv Patriot. ' Justice Abd Ch...

      plundered from him by the devourers ef taxes , repte , and profits . Were such a state of things existing , * Justice ' wouldreign , and « Charity' would be a superfluity . Bnt as long as the present system shall endure , the victims of that system reduced to destitution hare a just claim on the wealth of the men of property * What if the workman was to say to the non-producer , * Yon have no right to exact from me the least portion of my property : if you wrest a single farthing

      from me , yon commit an injustice . ' What u tne wealth producer was to address these words to the tax-eater , the landlord , and the usurer ? No doubt Monsieur Coram would ba-terribly shocked ; and . stickler though lie it fer the ' rights of property , would raise a howl of wrath against what he would call not justice , but 'injustice / Yet such is precisely the language the proletarians of all countries will use if ever they come to their senses . , When Codsw is sptaldnf of the'rightof property , his reader is tempted to exclaim with Biaox ,

      ' I wish he ' d UfcutnAe his Illustration , ' for it would almost puzzle a Philadelphia lawyer to get at his meaning . Perhaps the clearest of his definitions is the following : — The person then has the right to occupy things , and in occupying them , appropriates them : a thing thus becomes the property of the person , belongs to that person alone , , and no other person may thereafter set up a right to it . This is the old apology for all the usurpations thai have at ' fiieted the human race , asd , if admitted , would justify nat only laad-robbery and wases-slavery , but also the

      personal bondage of the many in subjection to the tew . It is true that Cousik insists over and over again upon the ' liberty' of every man ; but , at the same time , he makes a nice distinction between ' oar person' and' our material frame . ' The form ? ( the ' person' ) he maintains is the foundation of each man a property and liberty ; but of the latter ( the' mater ial frame ') , he says : — ' Our body is our own , or it it not our ovm , according to circum-toncw . ' According , I suppose , as the system of body-slavery , or wagesslavery—American or European slavery—may predominate !

      It is very clear that the only object Cousin has in view is to throw dost in the eyes of the people . A straightforward defence of tbe existing system , such as Malthus would have written , he has not the courage to write , he has therefore strong together a mingled yam ot nonsense and falsehood , hoping to confonnd ,. if he cannot convince , fke { P rolitams . The followingjextract sufficiently exhibit ! thedishonesty of Monsieur Cousin : — It is not true that men have a right to be equally rich , beaatifal , robust ; to equal enjoyment . '; in a word , to be equally happy : fer they differ originally and necessarily at all the points of their nature which correspond to pleasure , riches , happiness . Ged has made us with unequal powers for all these things . Here equality is contrary to nature , contrary to the eternal order of things , for diversity is fully as much as harmony , the law of ertatien . To dream of such an cquaMty is a strange blunder , a deplorable phrenzy .

      This is the fool's argument against Equality ; bnt Cousufisnofooi . He is here acting a part occasionally performed by the opponents of Chartism , who pretend to understand by ' Universal Suffrage' the exercise of the franchise not only by adult males , bnt also by lads , women , children , and even infants . Such opponents of the Charter are aot the fools they petend to be ; and the same may be said of Cousin . Well he knows that it is not against Nature ' s works , but against man ' s crimes , tbat the advocates of Equality lift up their voices . The men who have inscribed on their banner : — ' The Democratic and Social Republic . ' demand JUSTICE ; neither more nor less . It is not a fool's paradise tbey are in search of , but a state of society in which every man shall have protection , education , labour and laboar ' s natural reward ; and in which there shall be no place for idlers , nor blood-suckers of any descriotion .

      Monsieur Cousin may take to himself the comfort able assurance that he bias thro wn his labour away ; and General CAursNAC would do well to understand that though his precious band of ' philosophers ' should publish millions of such tracts as 'Justice and Charity / they will fail to raise a dyke against the ever-rising waters 0 ! Social Democracy . Truly did the fanatic Moktalsmbkbt—in the debate on the 8 > h article of the Constitution—say to the Assembly , ' The muskets which three cdonthssinee were directed against the Republic [ against the sham Republicans ?] were charged with idea * ' Those' ideas—in spite oi Cavaiohac , Cousin , and Co . ; in sj . i to of the sabres ef a tngninary usurpers , and the pro * itute pens of pettifogging ' philosophers '—will adv ^ i-cr , conquering and to conquer , until JUSTICE—tbe reign of all sufficient JUSTICE—shall be finally and irrevocably established . IAAmi dv People .

      Shnnday , Oct . 12 ib , 1848 . P . S . 1 had intended to have commented on Bsouqbam ' s disgusting diatribe against tha French Revelation , but 'tie lordship' mast ' stand over * for a week .

      Revolution In Vienna. Glory To The Men O...

      REVOLUTION IN VIENNA . Glory to the men of Vienna who have again pouted out their blood in defence ef holy Liberty , and again vanquished the royal and aristocratioal enemies of Freedom and the happiness of nations . The idiotic Emperor has declared war against the people . Be it so , this may be the beginning of the long-predicted ' war of principles ; ' the result oi which cannot fail to be the final destruction of all tyranny . Honour and homage to the victorious democrats of Vienna ! L'Ami dd Peupjle . Oct . I 3 . b , 1818 .

      Germany. Sakquikart And Successful Insur...

      GERMANY . SAKQUIKART AND SUCCESSFUL INSURRECTION IB Y 1 EHKA .. —BLIGHT 0 * 1 HE TMA ? EROTt . — DEATH OF THE MINISTER OF WAR . —THE "DIET EN PERMANENCE .

      Viinka , Oct . 1 . —Two battalions of Grenadiers had received marching orders for Hungary ; a portion of the men refused to obey . Tbey were , therefore , escorted by a regiment of Cuirassiers . As they approached the bridges over tbe Danube they were received by armed peasantry , who prevented them from proceeding further , fraternised with them , and commenced demolishing the bridges . National Guardsarrived , and sided with the military . The Cuirassiers , who could not recross the bridge , were obliged to retire . A fight soon ensued between the Grenadiers , National Guard , and people en the one side , and a battalion of Fusiliers , of the Polish Re * giment of Nassau , on the other , supported by troops recently arrived from Prague . The struggle lasted till mid-day in the Leopoldstadt , and tben spread to the city , where a division of National Guards fought

      against tbe students and tbe country people . Between the hours of four and five in tbe afternoon , the Mnistry of War , which was only guarded by thirty men . was stormed and ransacked , and the Minister , Count Latour , put to death by stabs in tbe bjdy and blows of a sledge hammer or axe on tbe head , and then banged on a lamp post in the courtyard . The arsenal was defended daring the night by tbe military and a body of the National Guard , bnt fell into the hands of the people towards morning , who immediately armed themselves . The report of cannon and musketry continued ail yesterday and daring the whole of the night ; the alarm-bells in the city and surrounding villages never ceased ringing . The Ministry is dissolved ; the Minister of Justice is said to have been seized whilst endeavouring to leave tbe city , and is locked up in the Aula . The other Ministers with the exception of Dobblhoffand Hornbostly , have secreted themselves .

      AU the military have left the city , and the fighting has ceased . The Diet declared itself in permanenoy . and a deputation was sfflt to the Emperor , at Schonbrunn , demanding a popular Ministry , This morning , at eight o ' clock , the whole Imperial Family left Schonbrunn , in the direction of Lins .

      Murder At Leeds. Lbbds, Tuesday.—A Young...

      MURDER AT LEEDS . Lbbds , Tuesday . —A young man , named Thomas Malkin , perpetrated a most barbarous murder at Hunslet , on Sunday night , npon a female , sixteen years of age , named Esther Ionian , by cutting her throat in two places , and stabbing her in the arm . Both the murderer and his victim were employed in the flax spinning-mill of Messrs W . B . Holdsworth and Co ., at Hunslet , a township within this borough , and he paid his addresses to her for some time ; bnt from some cause at present unexplained , she had refused to have further intercourse with him . At ten o ' clock on Sunday night , he called her out of the house of her step-father , and almost before she had spoken , he seized hold of her , and out her throat in two places . She resisted , and threw np her arms , and he made a thrust at

      her , when the instrument struck her arm with such force that the point was turned , and he failed to withdraw it . Assistance immediately arrived , but she expired almost instantaneously . The murderer fied , and it was generally supposed that he had committed juicide in the river Aire . The police force were on the alert all night , without meeting with him . Oa Monday night , however , about nine o'clock , Mr John Dudley , of Greenwood-street , Hunslet , flint-glass manufacturer , infeimed Inspector Child that he had just sees the murderer in one of the streets of the town . Child at once accompanied his informant , and they overtook the murderer , who was captured without attempting resistance , fie was conveyed to the police station , and on Tuesday morning was placed before the Mayor ( F . Carbutt , Esq- ) and J ; Holdfcr h , Esq ., when the nature of the case having been explained , he was remanded .

      On Wednesday an inquest was held on the body of the unfortunate girl , and & verdict of * Wilful Murder ' against Malkin was returned by the jury . The prisoner was committed to York Castle for trial .

      The Ikish Trials For High Treason* On Th...

      THE IKISh TRIALS FOR High treason * On the reassembling of the , Court on Wednesday morning , after some ' -preliminary questions had been disposed of , Mr Whiteside then commenced his ad iress on behalf of the prisoner , by stating that he never was mote conscious of the solemn responsibility that devolved npon bim than upon tbat occasion , and that it wonld have been more grateful to his feelings if Mr O'Brien had selected a more worthy and talented counsel to defend him . With reference to the com .

      position of the court and the jury , he and his client ^ irere satisfied , as far as the judges and tbe members m the jury were personally concerned . It was the law under which the jury were selected of which they comp lained , and not the men . « I am content / said the learned gentleman , with my tribunal , my client is perfectly satisfied with his jury , and I avow openly and publicly , that whatever may be the result , neither this maligned gentleman , nor the humble counsel who addresses you , will ever breathe a word of objection to your decision . Altercommenting on the circumstances under which the law put Dobbin the approver befere them , and j a ? . of knowledge of his character , he pro . oeeded to lay down in an elaborate and perspicuous

      manner , the law of treason as enacted in the reign of Edward the Third . The people of England , crushed by the intolerable oppression of the former law of high treason / determined that it should be expressed as it ought to be in a land of freedom , with distinctness and precision ; and in the parliament which from tbat day has beendeacribedasienediciumparliamentum—the blessed parliament—the law was passed under which you sit to decide on my client ' s life . What is that law , asd what is the simple exposition given ot it by our greatest authority—Lord Coke ? There is no difficulty in it ; it is very simple and clear . It is always to be considered that decisions bare been made on it since that not only contradict its letter but its spirit , and which sometimes defy

      the ingenuity of man to comprehend . I shall refer you to the third Institute , where Lord Coke defines what is treason . He says , 'the King , at the request of the Lords and Commons , has made , with regard to what is treason , a declaration as follows : — ' When any person does compass or imagine the death of the Lord the Kine , or the Lady the Queen , nr the eldest son and heir , he ia guilty ot treason . ' Now what do you trunk the framer of that Aet of Parliament meant ? He intended that if a man should resolve , imagine , determine , or compas j the death of the King , or of the Queen , or of their eldest son and heir , all of which might be proved by the same evidence , he is guilty of treason . If a man levy war against the King in his realm , or adhere to

      the Kings enemies , & o ., he is guilty of treason . The words of the act expressly excluded all inference and implication whatever , and tbe words are that the offence must be direct and plain . Having quoted Lard Hale in support , of his view , and illustrated it by the case of the Earl of Essex , the favourite of Elizabeth , who was put to death lor compassing to seiia the Queen ,, the learned counsel said : Then comes a passage in a few lines , to which I request your particular attention . Words , unless committed to writing , are not . overt acts within his statute , because they are easily subject to be mistaken , or misapplied , or misunderstood by the hearers . There is a note on that which explains it more folly . That was one of the reasons . But another of the reasons was , because a man in a

      passion or heat might say many things that he never designed to do . Tbe law therefore required that in a Case of s » nice a nature the reality of the intention should he made apparent by the doing of some act . That appears , gentlemen , so wise and consistent with the laws of a free country , that no one can deny the accuracy oi it . Then there is what is called the doctrine oi constructive treason , of which the following illustration is given : —Hotspur ' s father , the Earl of Northumberland , marched a large army , but it was doubtful whether it was his intention to assist Hotspur or the King , because when he heard of his son ' s defeat he marched back again . That was held not to be treason , because the treasonable intent was not made out by the overt act . The weaver ' s case was another illustration . The t acts of that case were these -. —The weavers , of

      London , conceiving that the introduction of machinery had militated against their interests , first attempted to get a law to suppress it , but failing in that they agreed amongst themselves to rise and go from house to house and destroy those engines , and consequently they assembled in great numbers , and did in the most violent manner break open the houses of many of tbe King's subjects in which these looms were , took them away , and having made great fires they destroyed them ; and that system was not confined to one place , but extended to several couti . ties—to the counties of Middlesex , Kent , and Surety ; and it happened that at one place which they attacked they were resisted , and one person was killed , and many were wounded . Several

      proclamations were made against these marauders by the Crown , notwithstanding which they proceeded in their lawless career ; the ? persevered , resisted the proclamations , and insulted the officers , assaulting Jjem with staves , clubs , and sledges . There was another evil attending the insurrection , namely , tbat the officers of the law and the militia stood listlessly looking on , whilst the houses ot their neighbours wt-re being racked , and matters continued in that state till the King ' s guards were called out to quell the disturbances . The question , gentlemen , then arose whether those acts were treasonable , and five judges were of opinion that they were , and five judges were of opinion that they were not , and , amongst the latter , was Lotd Hale , who maintained

      that it was an ' enormous not ; and of course it was , extending as it did to five counties , but tbat it was not a levying of war against the King , because per * sonal acts were the objects to be accomplished -, and the result oi that decision was that the Attorney General abandoned the charge of treason , and pro ceeded for riot against them , and the result was that many were convicted , and great fines imposed on them . Judge Foster had dwelt on the care that ought to be taken in deciding on what were overt acts of treason , and mentioned the case of the ' regicides' who were tried for' compassing the death of the King , ' and the oveit act charged against them was , that they cut off the head of his Majesty . ( Laughter . ) That ( continued tbe learned counsel )

      was a very plain overt act . I now wish to draw your attention , gentlemen , to the language of the same learned judge ( Foster ) when he comes to consider the words spoken , lie says : — 'As to mere words spoken , and supposed to be treasonable , they differ very much from acts ; they are often the effect of mere heat of blood , which in some natures carries men beyond the bounds of reason , and are moreover liable to misconstruction . ' Over and over again the same learned authority repeats the same opinions , and before he dismisses the subject he says , ' Words are transient as the wind , the poison diffused by them is confined to mere hearers , and they are easily misunderstood and easily misreported : ' and alluding to the same subject , Lord Coke eays , ' that

      divers acts of Parliament made words spoken high treason , butthey are all repealed , and it ia commonly said that bare words may make a heretic , but not a traitor . ' With respect to the levying of war , quo animo , the case of Lord George Gordon , and the riots asd destruction of property in London that occurred under his auspices in the reign of George the Third , was cited at length . Notwithstanding that destruction of property and the attempt to overawe parliament by marching down 50 , 000 men to where it was sitting , Gordon was acquitted as to treason , but convicted of the lesser offence . After narrating the cases of Watson and Frost , Mr Whiteside contended , from decisions made in the last named , that the prisoner was not bound to

      explain—as he had been called upon by the Attorney General to do—aay part of his conduct ; that he was not bound to show what was the object , or purpose , or intention of his acts ; and suoh had been the opinion of Chief Justice Tyndal , whose conduct on that occasion was a model of judicial propriety . The Attorney General in the present cm , called on him ( Mr Whiteside ) to explain , on the part of the prieoner , certain documents and speeches , but be WOllId ask what constitutional law ever called on tbe pri . aoper tp explain anything . They must first establish , bis guilt , on clear and unequiveoal eridenoe , before they called on him for any explanation , but in doing so he begged to tell the Attorney General , that he mistook the law of which he was the first officer *

      In the case of Frost a similar proposition was made by the eounsel for the prosecution , but Sir Fitzroy Kelly protested vehemently against suoh a doctrine . Frost ' s case was peculiar , however . It was not a chance meeting with the Queen ' s troops upon the highway . He was at tbe head of an enormous party , and marched into the country town where the officers of the amy and the magistrates were assembled , with that boldness which oharaotensedthe people of that country when they did rise . A magistrate was shot , and several persons were taken up and tried for high treason , and the Lord Chief Justice held that the ohhs lay on the prosecution to show the motives and intentions of the prisoner . It was delightful to hear the law stated in that moderate and agreeable manner . The defence

      on that occasion was , that the object of the movement was to produce the liberation of Vincent , a brother Chartist , Who was confined in gaol there , and they determined to make such a demonstration as would induce the magistrates to give him up , This , although a very serious crime , did not amount to high treason , and it was shown satisfactorily to have been the real object of Frost in marching into the town . He would now beg to call their attention to the subject matter of indictment now charged against Mr Smith O'Brien . It charged him with having proceeded with an armed foree , and specified various acts which he had committed between the 11 th and 30 th of July . The 6 th count charged him with killing the Queen , or compassing the Queen ' s death , about which he had as much notion aa killing the Great Mogul . lA . laugh . ) They were told by the Attorney General that the

      The Ikish Trials For High Treason* On Th...

      222 r 1 r f «*» a » referred to covered the last week m Ju . y , and tbat that was the period to which the jury were to apply their minds but to his great 3 i 8 e the , ea ™« d gentleman went into a detail of previous speeches and occurrences , with which he ^ T ™ . * ° aaaooiate "M b * A since taken place . The evidence of Mr Hodges deserves special notice on this ground-that if there be one thing moro odious in the law than another , it is the at tempt to make out the guilt 0 ' treascn by what is called cumulative evidence ; that is to aav , by heaping up a mass oi speeches , ef which one speech is not treason , aor another , nor another , but that by taking thetffect of the whole together , you may possibly m » ke out the guilt of treason , although , as it was

      wt . tiiy answered by an advocate at the English bar , when this law was laid down—he did not know that 200 olack rabbits would make a black hcrae . ( Laughter . ) I admit the accuracy of thespeechesasreported by Mr Hodges . Tbat he reported the speeches faithfully and truly is beyond a doubt . This English reporter I do not believe would wilfully falsify a single letter . In his cross-examination he told me that he could not undertake to report speeches a month after they were spoken , if he had not taken notes at the time 5 that it would then be a tissue of misrepresentation and mistake . He stated that he had previously proved two of these speeches in a former trial for sedition . Now , stop therefore a moment . When these speeches have already been

      prosecuted for sedition , I admire the wisdom of the first law officer in , prosecuting these speeches how on a charge of treason , when all hiawitand talent had failed to convince a jury that that tbey contained sedition . Mr Whiteside then proceeded togive an outline nf Mr O'Brien ' s public life and political views . In 1843 he delivered tbe speech which I now hold in my hand . It was when he entered the original Repeal Association , on which occasion he made a statement of political creed . Mr O'Brien was not up to this period the personal friend of the late Mr O'Connell . On the contrary , there had been some political differences between his family and the late

      Sir O'Connell relative to some election proceedings in the county of Clare . But it shows the peculiar nature and disposition of Mr O'Brien that though he was out of the country at the time Mr O'Connell was tried , yet at this time , when he was in difficulty and peril , Mr O'Brien came forward to give him his support , which he had not given before , and he entered into the Repeal Association . He wrote a letter explaining bis reasons for taking this step , and he stated his object was to obtain—what ? The restoration oi a national Legislature , If I do not demonstrate tbat every act and speech of Mr O'Brien ' s was directed to this

      endwhy , then , find a verdict against him . He did not approve of all Mr O'Conneli ' s actions or speeches . He stated at the end of his letter that he wonld not engage in any secret association , or engage in any acts of violence . He would not say that so extremity would justify tbe resort to physical force ; but that the man who adopted any measures which had led to tbe loss of the life oi a single human being , incurred a fearful responsibility , and tbat a month of civil war wonld involve in fearful miseries all classes , of the population . Those were the original opinions of Mr O'Brien , The Repeal Association subsisted np to the time of the formation of the Irish Confederation in the month of May , 1816 . Yon may remember that on the advent oi the present Government to power , tbey thought fit

      to restore Mr O'Connell to the commission of tbe peace , but Mr O'Brien is left out—asd I will tell you why : Mr O'Connell had considerable party influence , which he gave to the party that complemented , and toasted , and feted him . But Mr O'Brien continued to vote against every measureco matter by whom brought forward—which he thought was wrong . But twenty-two magistrates ot the county of Limerick demanded from the Lord Chancellor on what ground Mr O'Connell was restored , while Mr O'Brien , who had shown so much zeal , and knowledge , and ability in the administration oi the law , was left out . Tne answer to that ivas his restoration to the commission of the peace . Tbe rise of the Repeal Contederation took place in

      this way . A must extraordinary discussion was raised about moral and physical force . The truth was , Mr O'Brien wanted to put an end to hnmbeg , I tell it you in p ' ain terms . He objected to men agitating in connection with the Government . Men who agitated with great skill , and took care to prevent the agitation from going too far , while they took care to get good places for themselves . Some men were pre * pared to accept places from the government , to re ceive tbe incomes , and to apply those incomes to the maintenance of that agitation , which wasted the re sources and blasted the fertility of this country . Mr O'Brien said , that course will never do . ' Ah , ' they answered , ' what an impracticable politician I '' Yes , '

      said Mr O'Brien . * 1 am in earnest ; and as a test of your sincerity , ! call upon you to beein with displacing Mr Shell from the representation of Dungarvon . ' ' Oh , ' they exclaimed in chorus , ' tbat is out of the question : Mr Sheil is our personal friend . ' Mr O'Brien said , 'I am in earnest in believing that a local legislature wonld be a benefit and a blepsine to this country , and if-a gentleman differs from this course , wbo is your personal friend , that is an ad * ditional reason for rejecting him : ' They refused this request point blank , and they got up then the disussion about physical force . Mr 0 Brien said , ' I don ' t want physical force , but I will not say that no circumstances could arise to justify an appeal to it . ' Gentlemen , that is the doctrine which has

      placed their lordships on the bench and the Queen upon the throne , and I pass every year of my life on circuit a district where that doetrine is still held in reverence—where a race of bold and resolute and loyal men gathered round King William , who conquered this country into happiness and peace . It was under these circumstances tbat this Confederation was formed , and one of their leading resolutions was , tbat Ireland was to remain under a local Legislature , under the sway of the Queen Tbat , surely , was net the intent of a re-• volutionary madman , who desired to kill the Queen or to deprive her of any portion of her dominions . After stating Mr O'Brien ' s opinions on several public questions , his support to Lord George Bentinck ' s

      proposal for an advance of £ 16 , 000 , 000 for railways in Ireland , and the attack npon him by the Old Ireland party , the counsel contended that the rules of the Contederation drawn up by an eminent counsel werelsgal . Withrespeot to Mr O'Brien's speech in which he alluded to a National Guard , he supposed that much reliance was placee upon it . Now I refer to that because I have a parallel case . About twelve or fourteen years ago tbe present promoter in this case—Lord J . Russell—entered into a career of agitation for parliamentary reform . There was a political body ia Birmingham , one of the resolutions of this body—to which Lord J . Russell wrote his memorable letter , saying that reform wasnottobe put down by the whisper of a faction—one of these resolutions was tbat they should have a National Guard . His lordship has written an essay on the British

      Constitution . I will not compliment his lordship ; it falls short of the masterly argument of Foster , or the deep thoughts of Hale , still it ia clever and learned , and he fully argues the question—the right of revolution . His lordship wrote a letter to a body which bad threatened to march 150 , 000 men npen London , ay , and they asked a living roan to take the command of them . I won ' t say tbat Lord John Russell did so , but certainly he was asked on the day on whieh the first reading of the Reform Bill was rejected by the House of Peers—an institution , let me say , more ancient than the House of Commons , and without whom the floodgates of democracy would ere Jong overwhelm every institution in this landon that day the prosecutor in this case wrote the following letter : — 1 To Thomas Attwood , Esq , Birmingham . Sir—I be g to acknowledge with heartfelt '

      The Attorney General . —I beg pardon , I am not aware that this matter is at all relevant , nor do I see the necessity of it . I ask whether the learned counsel means to make evidence of this alleged letter 1 It don't occur to me that a letter alleged to have been written by Lord John Russell twelve or fourteen years ago can have any bearing on this case . It is for your lordship to determine upon its admissibility , and I ask 50 U not to allow it . 1 did not interfere with his quotations from Mr O'Brien ' s speeches . Mr Whiteside . —No thanks to you for tbat , Mr

      Attorney . Do not accept thanks for that . You could not prevent my reading them . With respect to this case , I have only to state that in the case of the King against Frost , which was tried before three judgea equally learned with your lordships , this letter was quoted , and there was no objection or Interference on the part of the Attorney General of that day : and I assure the Attorney General he is quite mistaken if he thinks to stop my mouth in defeadicg this gentleman . The Attorney General—I do not wish to stop any gentleman ' s mouth . Mr Whiteside . —This is matter of history .

      Chief Justice Blaokburne . —Mr Whiteside is not reading this ae evidence , and as » historical matter it may be referred to . Still we think the more generally he does it the better . Mr Whiteside . —Oh yes , I mean to do it very generally . The question is , whether the association to which Mr O'Brien belonged meant to accomplish the re peal of the Union by the formation ot a national guard . I believe that is the strongest passage in his speech , for it refers to physical force . Now here we have the account of a revolution taking place in Eogland , taken from a journal conducted with great talent , but which I regret has written in the cause now pending too much against the prisoner . That journal , which is now writing of you and of me , and which ia exhorting the court to overrule the quibbles raised bj the eounsel for the prisoner —that journal-I refer to the Tib « s of October , 1881

      Chief Justice Blaokburne . —These references ought to be very general . Mr Whiteside . —Oh , yen , » y lord , quite general . Bui we have here abundant reference * o armed forces , to the overawing of the House of Lords , to borougbmoDgering , to tbe BUI ef Rights , to John Hampden , to tbe right of the people to arm , which no one disputed , aud a gentleman who afterwards became Lord Chancellor Is spoken

      The Ikish Trials For High Treason* On Th...

      of as in good fighting order . ( Lwchter . ) Then w * have a colonel who teaches the people how tbe bousebold cavalry is to ba resisted . To prevent mistasts , this t * not the gsntlpraau to wuom X b * ve already nU laded . Bat Colonel Jones stated that if tbe household troops were called out , be would place himself at the head of tbe people to resist them ; if the artillery wen called out , he would show the people how to take every rod . Then we have tbls short letter , the words of the First Minister of th « Crown , to a body who had threatened to march 190 , 000 men on tbe metropolis , showing tbat he assented to their views , I do not use this letter ia a -coffin * spirit to a gentleman of high rank , who is now First Mtnts . tr of tbe crown ; I do it to show the opinions of a g « ntleman who has written np ^ n the constitution of England , which he states h-s been meulded by the verdicts of juries , This is tha letter : — ' To Thomas Attwood , Siq ., B . rmingham .

      • Sir , —I beg to acknowledge with heanftlt gratitude tbe kindness now dose me by 150 , 000 of ray fellow countrymen . Our prosptots are obscured for a moment , and I trust only for a ' moment ; for it is impossible tbat the whisper of a faction should prevail over the voice of a nation . ' What is tbe whisper of a faction ? Tbe deliberate opinion of ahonse whloh contained the names of Wellington , ana Kelson , and Marlborough—a house which has existed for ages . Now , I know the argument that will be used on tbe other side of tbe Channel . An Englishman will tell yon that tbe conduct ef the people of Birmingham was perfectly right , but that it wonld be tbe most vulgar tbingin tbe world to apply it to Ireland . ( Laughter . } The Attorney General stated in his opening that one course of the conspiracy was to got up seditious newspapers , but he has utterly failed to prove it . My client did not write a single line in the newspapers , ba was not a proprietor nor a contributor to any one of them , and

      between one of the proprietors and Mr O'Brien an open , public , and violent quarrel took plice , which ended , in Mr Mitchsl ceasing to be a member of the Confederation while Mr O'Brien remained . Alluding to a speech at the Music Ball on the 19 ih Jul ; , he said : —Mr O'Briem in hh speech sajs he has been meeting lsrge popular assemblages , bnt did that show be was guilty of treason t It was par ; of the policy of the late Mr O'Connell to bavs simultaneous meetings throughout the country , and Mr Wyse , in Mb history of the Catholic Asiociation , says they were tbe best intentions ever thought of to get liberty for the Catholics . If tbat be so , it Js no ground I submit on which to convict a Protestant of high treason . Now I will put it to tbe brave hearts of tbe jury : will tbey take away the life of Smith O'Brien because he expressed himself more temperately , more moderately , more discreetly , and more mildly than the men hive done who placed my right honourable friend in the office which be new holds . I admit , with great credit to himself —( expressions of approbation » 1

      Chief Justice Blaokburne—I muse say that any intimation of feeling will be repressed by the court , Mr Whiteside—In that epaeoh Mr O'Brien expresses fats opinion on the poor-law , and with reference to the Franchise Bill , and declares his apprehension that their tenant right will be filched away from the Protestant ana Catholic tenantry of Ulster . Ha need give himstlfoo trouble abouo the ysomanr , * of Ulster . They will not lose their tenant-right . The bodies do not exist that w ( U take ( t from them . And I ask , is a member of , parliament for making that speech to bo sent to tbe scaffold ! I toll you tbitlfyoa ray so on that speech , yonr names will go down to tbe remotest posterity stamped with eternal infamy—( expressions of approbation , but almost instantly suppressed , ) He then came to Mr O'Brien ' s departure from Dublin , on the business of the insurrection , as the Attorney

      General insisted ; but a « be would show in evidence , sis leaving town was eltogetber unconnected with schemes of rebellion ; be left Dublin to visit a friend , and while at that friend ' s house he beard of ( he suspension of tha Habeas Corpus , also , whether truly or falsely at the moment was not tbe question , that a warrant was then out for hie apprehension ; and all his subsequent conduct was to be explained by tbat one circumstance . After ha heard of a warrant being issued for his arrest , tie avowed that Mr O'Brien took measures to prevent his capture . According to the law of treason , a man resisting his own capture might be guilty of a flagitious act , ^ but it could not be made high treason . And this was the entire case here . After continuing his address for upwards of seven hours , the learned ceunsel applied fer an adjournment , which tha court at once acceded to , and the proceedings terminated at half . past five .

      Clonmel . —At half-past ten o ' clock on Thursday the jury appeared in their box , counsel for the Crown and prisoner being in court . In a lew minutes the Lord Chief Justice , Chief Justice Doherty , and Mr Justice Moore entered and took their seats upon the bench . Mr O'Brien came forward to the bar immediately after . The court-house was very full , there being , at usual , a great number of ladies , who seemed to take a great intemt in the proceedings , many ot them attending daily from morning till night .

      Mr Whiteside said , in continuing his address to the jury on behalf of the prisoner , that he had endeavoured at the close of the previous evening to convey to them the principle upon which the case of the prisoner rested ; and he stated to them more than once that by law , supposing he had been convicted in Dublin and imprisoned , and persons broke into the gaol to rescue him , that wonld not have been high treason ; still less did an attempt to preserve the prisoner from arrest amount to that crime . He next proceeded to quote a case reported in 1 st Ventris , page 251 . It was the case of Captain C- — . He was the captain of a company of Colonel Russell ' s Regiment of Guards , and he and a Serjeant of his company were prosecuted by the

      Sheriff of London . A butcher named D'Obier , who ' broke , ' having enlisted as a soldier , was arrested in London for debt . The captain formed a design of rescuing the prisoner—an order was obtained to cause his removal from one prison to another . The captain ordered the serjeantto take thirty soldiers aud rescue him from the persons wbo had him in charge . Accordingly , the Serjeant and other soldiers lay in ambuscade , and when they noticed his coming they sallied out , drew their swords , and the serjeant gave the order that they should kill tbe first man if there was any opposition offered . Chief Justice Hale said in his judgment , that the military were growing headstrong ; they were the King ' s subjects to preserve the peace . If men took upon themselves

      to rescue all the soldiers , it might fall within the crime of high treason ; but being ao attempt to rescue one in particular , it could not be held to be so , but it was a misdemeanor . This was a startling case } but it was laid down by the Court that the universality of the design constituted the crime of high treason . To make an agreement to break into a single prison was not high treason ; but to agree to take all the prisoners from the civil power was high treason ; to rescue one man was not so . If that were so , the judgment of the jury acquitting the prisoner would follow as a matter of course . He had left off the previous evening at Carrick-on-Suir , and he called upon them to discard the language

      ascribed to Mr Meagher , as it was very unlike what a person of bis ability and education would have used . The learned gentleman then referred to a case in which the Attorney General of the day when it was tried acted very differently from the Attorney General of the present time . A society existed in London which Lord Eldon thought might turn out to be treasonable , and he caused every member to be arrested , and then applied for A suspension of the Habeas Corpus Act . Document were discovered in which the House of Commons w » s called a set of scoundrels , a sink of corruption the House of Peers was also vilified ; and in the house of Hardy was discovered the following poetical effusion : —

      Why should we vainly waste our prime It peating our oppressions ! Come rouse to arms , 'tienow the time To punish past transgressions ; 'lis said that Kings can do no wrong ; Tbeir murd ' rous deeds deny it , Ani since from us their power has sptung , We have the right to try it . Chorus—Come , rouse to aims , & c . Tho starving wretch wbo steals for bread But seldom meets compassion , Aad shall a crown preserve the teal 01 him who robs a nation t Suoh partial laws wo all despise ; SeeGdllia's brl « ht txatnple ! The glorious tight before our eves , We ' ll on every t j rant trample . Chorus—Come , rouse to arms , 4 c

      Proud bishops next we will translate Amoni ; priest-crafted martyrs ; The guillotine on peers shall wait , And knights nt'U hang in garters . These despots long have trad us down , And judges are their engines ; These wretched minions of a Crown , Demand a people ' s vengeance . Chorui—Come , rouse to arms , to . Our juries are a venal pack , See jus' -ioe topsy turvy , Oa freedom ' s cause they ' ve tura'd ebtek , Of Enitlishmtn unworthy ; Tbe glorious work but enco tegnn , We'll cleanse tbe Augean stable—A moment lost and we ' re undone ; Ceme , strike while we are able . Chorus—Come , rouse to arms , & o

      Tbe golden age will then revive , Each man shall be a brother , In peaes and harmony we'll live , And share the world together . In virtue trained , enlightened youth . Will love biohfollow-croature , And future ages read tbls truth—Tbat man Is good by nature . Chorus—Come , rouse to am * , ka

  • Citation
    • Northern Star (1837-1852), Oct. 14, 1848, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_14101848/page/5/