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Northern Star (1837-1852), 30th September 1848, Edition 3 of 4, Page 1

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  • Departments (2)
    • TO THE CHARTISTS
    • TO THE MEMBERS OF THE NATIONAL LAND COMPANY
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      To The Chartists

      TO THE CHARTISTS

      My Friends.—If I Were Capable Of 'Establ...

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

      machinations of those seducers and betrayers , -this -class ef men confined themselves to mere desertion ; as long as our proceedings were open they betook themselves to some other trade or _calling , as the spy market was not then open to _& em , and those who did turn informers , like Griffin and Cartled ge , at Lancaster , had nothing of { a seditious or even of a susp icious nature to divul ge , because we could meet such

      -a charge with the apt and read y answer ' The doors of our meeting house were open , the public were invited , and none were excluded . ' And now , that the past may furnish a precedent for the future , let me proudly remind you of the fact , that my resolute resistance to every proposition for the exclusion of the pub . lie and the Press in our several _Conferences and Conventions , disarmed the Goverqggtft and prereuted authority from _charsiag _^ us with the crime of secret meeJaaffeiZ _^ : ¦ '

      "Where a meeting is _*? e ___ WBjf _& evidence -of an informer may be __\__ ff _& an indifferent witness ; but _whjpjEpKngs are secret no witness is _indiffereij _flpff rebutting evidence oan be adduced , _became the admitted fact of presence is a proof _^ criminality , and those innocently charged i & _ve no protection against the guilty accuser . It would be very tiresome , _vangenerous , and out of place , were I , just now , toreeallyour attention to those transactions into which good , honest , and zealous men have been hurried by treacherous and designing rascals , who would have used them for their

      owa profit and aggrandisement , and then be * trayed them . I have always endeavoured to make the Chartist movement , as far as possible , a Labour movement , and when I have found enthusiastic parsons and ' poor gentlemen trying to turn o u r ag itation to selfish and profitable purposes , althoug h suspicious , I have abstained from personal denunciation , as had I done so the charge would be attributed to jealousy , eg ot ism , aid a desire to monopolise . popularity myself - and , therefore , as long as even those classes professed sincerity , I upheld them , until all other trades -failed—and when traffic in abuse of

      Feargus O'Connor presented the last hope of profit , I have been abused for defending my--self _againsWheir 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 coun * tries , and demanded in all— -and however the Press of England may boast oftheinsignificant proportions of electors that have voted in the several districts of France for representatives tothe National Assembly , yet there is this balm and consolation—that however

      indifferent those may be who are endowed with a new right during the reign of terror—the suppression of opinion and the establishment of brutal force—nevertheless that right remains * like the sheathed sword , it is the foundation of the Constitution—which wordy balderdash can not blunt , but which places a weapon in the band of each , to be used when tyrants discover that the system of governing b y - brute force is sure to produce an empty Exchequer .

      "When I first offered myself for the representation of my native county , upon the first day of polling I met several hundred of my supporters upon horseback , at a distance f rom the City of Cork . I desired them to bring their certificates of * - reg istration with them . I marshalled them , and marched them opposite the . Conservative Club House , where my opponents were preparing for action . I drew them up in rank and file , and commanded them to !

      draw swords , when every man produced his certificate of registration , and when the army gave a cheer they paralysed the enemy . Now , ' this is the sword that I have always contended for—this is the weapon with which you will shortly he armed— -and , when in possession of that defensive instrument , you may defy t he 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 he denied until 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 that assembly has had a dose of it duringthe recent Session . And I think I may also say , without vanity , that however the proceedings of the 10 th of April may be attempted to be smothered b y the Press and the . _Government _, that no democratic

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

      brother informers will have convinced you of the risk I ran in preserving my fidelity to your principles * and I now assert , without fear of contradiction , that the National Assembly destroyed the effect of that triumph , and laid the foundation of the present prosecutions ; whereas , if time for reflection had been allowed , and if a veritable representation of the Chartist body had been elected to a Convention , the triumph of the 10 th of April might have been made the foundation of other victories ;

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

      _PRESIDENT , ' REFERRED TO BY THE WITNESS POWELL , HE SAID , HE UNDERSTOOD WAS 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 . " _Ij , Perhaps the real Chartists will have now seen throug h the vision , the cause of abuse of me , in the anticipations of this 'Visionary President- ' Now here was a man that neither _* ou nor I ever before heard of—that the locality that elected him never before heard of - —who , when put in nomination for the hi gh

      office of * Visionary President , * abandoned the 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 ye t t his gentleman , because after many visits _< at my office I refused to see him , and because I refused , at the National Hall , to have a private conversation with him , became the loudest o my denouncers ; and when y 6 u think of all those things they will cause deep reflection , and you will think I am justified in stereotyping my resolution never to be intimidated by coward braggarts , never to be seduced by fools , or to place myself in a situation to be betrayed by knaves .

      My Friends.—If I Were Capable Of 'Establ...

      I have received numerous ' and gratif ying letters from many towns in Scotland , and the North of Eng l a nd , inviting me to pay _thern r _visif . To my Scotch friends I must say that it will not be in my power to vis't those towns to which they have invited me , and I must decline the invitation of my Newcastle friends , to address them , on Saturday and Sunday . 1 have appointed myself six good days * work in the week . ' I will address them on Saturday ,

      according to announcement ; "but they appear _toforget that I am to be at Birmingham on the following Monday . In repl y 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 old rule—namel y , thai * one half ot . the _proceeds . of each meeting shall go to t he Chartist Fund . ¦ ' -

      The topics that I shall discuss will be the Labour Question , the Social Question , and the Land Question ; showing that the People ' s Charter is the only possible ' means by which Labour can be emanci pated , social happiness secured , and peace , contentment and reform ensured * I remain , Yonr faithful friend and ' unpurchaseable Representative Fba * gus O'Connor .

      Thank God! Thomas Slingsby Duncombe. To ...

      THANK GOD ! THOMAS SLINGSBY DUNCOMBE . TO THE LABOURIN G CLA S SES , AND ESPECIALLY THE TRADES . Mr Friends , The happiest , the most cheering , and pleasantest hour that I have spent for many a long day , I spent with _' _ourhonouredleader _' on Wednesday last , in London , and you will he overjoyed to hear , as I was overjoyed to see , that he looks himself again . He was not the feeble man that I saw at Christmas ; he was not bent , with pallid cheek and feeble voice ; his complexion-was good , but not hectic ; his eye was

      bright , his voice was strong , his step was firm , and his strength was recruiting . My mission was one of pleasure ; hut I must confess , that althoug h 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 themadnessofhavingtoleratedsecret meetings , and the promul gation of physical force . " But , " said Mr Duncombe , " although this folly and madness have paralysed the cause for a time , it will revive again , and the poor people will have gained experience from their past folly . ' * His _^ words were "Only just think of such madness ; while , if they were united together ,

      and abstained from their folly , they could achieve anything . '' I don ' t know , though I can guess , the pleasure you will derive from the news , but I know that I can scarcely describe the pleasure that I derived from the si ght ; it recalled to my mind the fact that I was with the only man of his order who was generous and independent enough to visit me injny dungeon , and I was encouraged , not with the hope , but with the assurance , that I would see him once more in his p lace in Parliament , as the uncompromising advocate of the rights of labour , of liberty , and of man , and the proud exposer of tyranny , injustice , and persecution . Your faithful friend , - -, _ Feargos O'Connor .

      To The Members Of The National Land Company

      TO THE MEMBERS OF THE NATIONAL LAND COMPANY

      My _Frietsds , —As the time now ap . proaches for the meeting of the Land - Conference , I . have to impress upon your . minds the indispensable necessity of . deliberating well upon the several propositions to be submitted to your delegates . Let me beg of you to instruct them well , so that they may come as the representatives of the op inions of the majority of the members . And as there is one monster illegality which must be got rid of , namel ythe

      , location by ballot , and as the adoption of the bonus sys t em wei ghs heavily upon my mind , inasmuch as I do see that it operates as a barrier against the location of the poorer members , for whose especial' benefit 1 established the p lan , I beg of you , —and you ate not fools , —to setyour genius to work in every locality to devise some means b y which we may get rid of the ballot , without imposing a bonus that will operate against the more speedy location of the

      poor . This question puzzles me by night and b y day . I consult tbe 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 p lan , for instance , —suppose that by a by-law occupants are balloted for out of the paid-up members—that would be no infringement of the law , if those men were not located ; and suppose that after the ballot , the occupants 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 mig ht enable him to pay his bonus for location on the very estate for which he was balloted ; for instance—A is balloted for No . 1 , B pays £ 40 bonus for that location , being a prime one , or any other location , it matters not . A gets £ 20 , one-half the amount , which would probabl y pay his bonus for another allotment on the estate . However , I will merely throw out this suggestion , while I rely upon the aggregate genius of all to suggest some plan by 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 . Itis 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 trus t ees , a s it is my fixed determination to divest myself of the legal and equitable title to all the property of the Company . Then 1 shall be more free to act , and less fettered in action , but shall not be less zealous in the cause .

      It is a notorious fact that every great undertaking , like the Land Plan , receives occasional checks ; and there is no instance upon record of any p lan that ever orig inated having successfully withstood so many assaults as the Land Plan ; and while most other Companies squander or lose the capital of the Company , and t hen ' ' book up , '' it is a most remarkable fact that we have a penny ' s worth for every penny

      that we have expended ; and I wish you to bear this fact in mind , th a t , according to the evidence of Mr Grey and Mr- Finlayson , we could raise two-thirds of the value of the property on mortgage . I wish to remind you that that would amount to 70 , 000 / ., ( while , your weekl y payments would amount to nearly 1 , 000 * . per week , independent of amounts paid on account of shares and this amount . we shall have no difficulty ia raising when * I haad 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 cap it a l , and better means than we ever had ; and , like the old fox , if I am turned from tbe cover , to which I am heading , a thousand ; times , I will make itat last—and for this simple reason—because yous confidence in me is , and ought to be , unbounded—because you know I would rather die than filch a farthing from your Labour fund , and because you must admit that I have as much energy and resolution : as any living man .

      If this Company were destroyed to-morrow , I would establish another , and , with the assistance of my brother directors—in every one of whose ability , integrity , and zeal , I have the most unbounded -confidence- _^ - ! would defy all opposition ; I can make great allowancesfor t i m es o f bad t rade , but . I can make no allowance for the apath y of many districts where aB are not poor . To give you an instance of the casualties and fluctuations to which other Companies , are subject , it is a remarkable fact that the chairmen of the several opposing railway lines are compelled to fraternise *—to abandon their opposition , in order to devise means by which they may secure the value of the 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 has , no doubt , been a trying year , in consequence of the failure of the potato crop , but difficulties in every situation in life must be struggled against . And now , to p r ove to you tbat one man may steal a horse , 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 tbe 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 oi the Bank of England ( being an adjournment of the court held on Thursday , the 21 st inst J was yesterday convened in tbe court room of the Bank , to take the votes of the proprietors by way of ballot , on two resolutions submitted to their consideration on tbe subject of the dividend . At the court en _Tuuriday , the Governor proposed ,: on behalf oi the directors , a , resolution to the following effect : — ' That a dividend he made of 3 _\ per cent ,, interest , and profits for tbe half year ending the 10 th October next , without a » y deduction en account of the _Iacoae-tax . ' Ag an amendment to this motion—¦ Ur Pieldek proposed , and Mr De Winion seconded , the following resolution : — ' Tbat a dividend be made of Si per cent , interest andprohts _, for the half rear ending the 10 th October next , with a bonus' of 1 per cent ., with

      out any deduction on account of the Income-tax . The Govjbho _* having put tbe question on these resolutions at tha meeting on Thursday , decided that the majarity of the proprietors then present was in favour of tbo amendment . A requisition lor a ballot was thereupon presented on behalf of several proprietors , who desired that the sense of the proprietary at larg- shonld be ascer . tained by a' determination in writing . ' The process of taking the votes by ballot commenced yesterday morning at eleven o'clock , and terminated at four o ' clock in the afternoon , wben the ballot , boxes were sealed . Messrs Thomas Gribble , John Ylgne , Philip _Cazenove , and Robert Sutton , junior , were appointed to act as scrutineers . Tbey retired to the _eontultation-room at four o ' clock , and on their return , after an absence ot twenty minutes , announced , through their spokesman , Mr Gribble , that the numbers were as follows : — 3 _? oradi * iaendof 3 Jper cent . .. .. .. 138

      For a dividend of 8 j per cent , with a bonus of . 1 per cent , 123 Majority in favour of a dividend of 3 | per cent . .. .. 15 This announcement , which was made in the presence of the governor and directors , and tweaty-fire of tbe proprietors , was received without the slightest demonstration offeeltag on any side . It was ordered that the dividend warrants be prepared so as to be ready for delivery on tbe llth of October .

      It appears that Messrs M'Grath and Clark announced that a Conference could not be held in consequence of the illegality of the Land Plan , and that their judgment has been arraigned , now that a Conference is to be held , whereasthefacts stand thus---tltet 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 discuss it in a legal form , and therefore the judgment of those two gentlemen cannot be at all arrai gned , for if fault is attached to any one , l am responsible , as I chose to be on the safe side . There are a great many still interesting

      themselves in the whole of our concern—one man from Manchester , who si gns himself " ENQUIRER , " but who should have signed himself "DODGER , " asks , with an affectation of regret , but with an evident hope of failure , how it was that the receipts of the Bank were not acknowledged last week ? and he says he wishes to know what they are this week . \ Vell , I don't think the Manager would satisfy hiscuriosity , butIwill , and my veracity can be tested when the Manager furnishes each depositor wifh the balance sheet at the end of the half year . To gratify " DODGER , " then , t he recei pts this week are _132 _L 2 s . Gd _., but the Bank being now a private bank , the '

      receipts are not published weekl y , 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 planthat you will get the several rules , of enrolled societies , and , to the _^ best of your abilities , be prepared to assist in those deliberations for the adjustment of a p lan which , in my soul , and in my conscience , and upon the " true faith of a Christian , " I believe is destined to be the salvation of the working classes .

      Your faithful friend and unpaid bailiff , Feargus _O'Connok . P . S . I must give you the Mowing as a comparison between land and water . Here follows the expense of an eighty-gun shi p , for building , & c _, and support for the year : —• The cost of an eighty-guo liner , to be manned with 75 j men , is according to an Admiralty return , forhuU about £ 54 , 900 ; rigging , sails , and stores , about _^ " 16 , 000 ; ordnance , about £ ll , 73 i ; total , £ 82 , 632 . The pay of officers and men for one year is £ 19 , 812 ; cost of victuals , £ 13 , 825 ; rigging , _sz % and stores , £ 3 , 201 ; wear and tear of hull , £ 3 , 609 , —of ordnance , # 168 . The average annual expenses of wages per head for the crew of a first-rate _line-of battle ship is about £ 28 ; of a war steamer , of about £ 10 .

      Now the above sums make a total of 123 , 09 $ . ; and which , at 40 ? . to the acre , 100 / . for a cottage , and 207 . 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 , l 50 l . to be paid yearly—I sink the odd 98 * .--and those 605 people thus located would give employment to 300 artificial labourers , and thus in the aggregate constitute a bod y of over 4 , 500 consumers 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 he 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 _cottase , and guaranteed their liberty . " F . O'C .

      Bath.—The Quarterly Meeting Of Th's Bran...

      Bath . —The quarterly meeting of th's bran 6 h of the _Na t ional L a u d C o m pa n y wi l l beh e ld on ond ay eveniHg _^ uext , Oct ; 2 nd , at No . 5 , _GallCflay ' B _buildinfcB , at eight o ' clock . Members ate particularly requested to attend . _tfo-msoHAM . —The next meeting of the Land members will beheld at the New Inn , _Carriugton _, on Sunday _evesing , at wren o ' clook ,

      Bath.—The Quarterly Meeting Of Th's Bran...

      THE , Jmi _& _iT TKIALS BOR ; / : HIGH _TREASON .. V . ' . ¦ ¦ : _' , -i _<

      _CioirtiKL , . Thursday ,. September 21 . —Soon , after !• _"" _« ° _J clock Chief JU 8 " Blaokbunw _, Chief Jus . tice Dohert y , and Justice Moore , took tbeir seats on the bench , when tbe grand jury having been ¦ The Chief Justice , addressing the grand jury , _said , ' -bentlemen , the crime of hi gh treason is onehappily of sueti unusual _occiiranee , 8 nd one with re spe c t t o which there are pecu % provisions that do noi be . I 'ong , K >< Ahe investigation of other crimes awimisde " meanor « , that I think it my duty , in order to _aasis _?) yottan the discbarge- of years , to point out to . you j _^ peculiarities o _£ the- laws relative to that charee in order that

      you may regulate your course- accordingly . The Chief _Justiee then proceeded to-narrate the different stages ; of the Insurrection , after which he said ; the indictment contains two distinct classes of counts , and eaeh ; relates to a distinct treason ; both are founded ; upoa the provisions of an ancien t statuter-a statute-passed so long ago as the reign ol Edward tbe Third , and without troubling you by detailing . the language of this statute , it . is sufficient for my _. present _psrpose , and , for yours , to say that it _^ _contaitis , amoBgst others , two provisions relative fa two distinet - species of treason , whieh are the subject of the _iniietment , and which you will bave to consider . Gentlemen , the first of these treasons

      was expressed in the language of . that day to be the compassing t he death of the Queen , and that is the treason charged by one or more of the counts of the indictment which you will have to consider . By compassing the death of the Queen it is not meant m e rely to im p u t e , nor under any circumstances at all to impute , a design against the personal life or personal safety of the sovereign—the soverei gn , whether King or Queen , being under our constitution the representative of the state , any attack upon the sovereign power of the state is , under that stat ute , to be taken as ah attack upon the person of the monarch ; and therefore you will have not to consider whether the personal death or actual injury

      to the person of the sovereign be the intention , but whether the _deBignsj ai proved b y overt ac t s stated in the indictmen t , are of a character which come under 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 cor . rectl y stated the law , and that b y com pa s s ing the death of the Queen you are to understand the . crime of aiming at the destruction of her soverei gn power ; and it matters not whether this design be to depose her from , her crown , to depose her from her imperial authority over the entire of her dominions , the crime of deposing and crime of compassing her death will be equally committed , 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 hi ghest authority , Justice Foster , and also the words ofLordTenterden , some passages which will show you that I bave correctl y expounded t be words ' compassing tbe death of the Queen , ' to extend to and comprehend an attack upon her imperial power . Describing the crime of compassing the dea t h of the monarch , they state as . follows : — Anything wilfull y or deliberately done or attempted , whereby the King ' s life may be endangered , therefore , measures for deposing or _imprisening him , or getting his person into the power of the conspirators

      are overt acts / that is , overt acts for the compassing and imag ining of the King ' s death . And , again , 'Offences wbich are hot of so personal a nature , have with great propriety been broug h t wi t hin t he same rule as having a tendency to the same fatal end , t h o u g h not so immediately ; and t herefore t he en t eri ng into measures , or the concerting with foreigner s , or g oin g in t o a forei gn country , or even proposing to go thither for that end , are overt acts for the compassing and imagining of the King ' s death . ' Gentlemen , any offences falling directly under other branches of the statute may be brought within tbe compassing of the King ' s death . Tha levying of war , or the compassing to levy vt ar , are overt

      acts within tbis . branch of the statute—that is , wi t hin t he branch of t he statute which refers to the compassing of the King ' s death by high treason and it has been settled by several important cases , and by the opinions of the first writers , ' that aU attempts to depose the King from the royal title , or to levy war ag a in st him , and all consultations or agreements for the accomplishment of these objects , are overt acts for the compassing and imag ining of the King ' s death . ' Gen t lemen , I have now closed the observations , and stated the authorities , which I hope are sufficient to exp lain to you what is meant in this sta t ute , 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 t ell you that t he crime of hi gh treason consists altogether in the intention . The mere intention—the mer e de s ign a g ainst the King ' s life or his imperial a uthority , is the offence created by the statute . But as t he i n t en t ion or des ign is , in a ll cases , or at leas t in the generality of ' cases , I mi g ht say almost uni versall y , to be inferred from acts or from declarations written or orally made , that intention s o to b e co llected must have as i t s basis , and as proof of it , the commission of certain evert acts . No raan can dive into the secrets of his fellow creatures ; for tbe thoughts of the heart are known to one Being only , and therefore the intention and design must always

      be collected from the acts , the declarations , and those other means and tokens by which , in the ordinary intercourse of life , we judge of the intentions of men , and the law with respect to high treason , makes it necessary for the crown to specify particularly in its indictment the overt acts , t hat is , the ac t s done , and the means used b y t he parties charged for the purpose of effectuating the intention imputed to them . Accordingl y , the indictment which will be submitted to you will contain the various overt acts , wha t ever t hey may be , on whieh the crown relies ; and , in support of these , the crown must sa t isfy you that some one or more of these overt acts have actually taken place . And further , it is necessary for

      you to attend to this rule—that not only must one or more overt acts be proved to have been committed , but it is equally necessary that one overt act shall be proved by two witnesses , or that several overt acts shall be proved by . two distinct witnesses . You will not be justified in finding a bill unless there be two witnesses to prove the same head of treason . There must , in short , be two witnesses to prove one overt act , or two witnesses to prove several overt acts . And now with respect to that which forms the substance of the charge . The intention , as I have already observed , is to be inferred from acts , writings , speeches , or declarations ; but so far as respects mere oral declarations , you ought to pay no regard to acts of

      treason which may appear in evidence unless the language imputed be connected with some desi gn or some conspiracy . Words by themselves do net constitute an act of high treason . It is only in conn e xion wi t h acts that t hey become evidence of the intention . And when you are considering the evidence , so far as it relates to the intention of the party , the only rule which I would have you observe is t his , and it is a rule which is applied in all our dealings and transactions during our intercourse in lif e , not sim ply a rule of law , but also a rule necessary to be observed whenever the question of intention or knowled ge becomes a matter for investigation . The rule I refer to is this— ' that you are to presume a man means that which is the natural and

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

      Bath.—The Quarterly Meeting Of Th's Bran...

      have no hesitation , in telling you that ,. if it should appear from the evidence to your satisfaction , thai the . objects of these insurrectionary movements were the severance of I _& _eJaod from the United' Kingdom , with a view to erect it into an independent power , tbat it would be . a > levying of war withinithe meaning of . this statute . But the language of ; tbe authorities to which I have already referred ilra & trate what I have just now told you . They say 'insurrections and risings for the purpose of effecting . by force and - j , _. ... - - a' ' . numbers

      , however' ill-arranged , provided ! , or organised , any innovations of a public nature , in wbich the party has no particular interest or ooneern , bave been deemed instances of the actual _levying of war . ' It is . essential to tbe making out of the- cbarge that there _muat he am insurrection—that there must be £ s > rce used in the accomplishment ofi _^ and that the abject of it be general in it its character . These are all the observations which I have thought it ineumbent on me to make for your government or di sc re t ion , I believe the crown is prepared to lay the indictmen ts before yon , arid you will now proceed to their immediate-consideration .

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

      TRUE BILLS FOUND _AGAINST SMITH

      , OmiEN AND FOUR OTHERS . The grand jury retired at half-past twelve o ' clock , » _id at five o ' clock tbe foreman banded . to the Clerk of the Cvawn true bills for hig h treason agains t 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 ta them that a bill for high treason had been found against them , and each of them was entitled to a copy of the indictment . He desired to know if hey wished to get a copy . . The prisoners replied that they wished cop ies of the indictment , which were according ly furnished to tbem .

      Mr Potter asked lif 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 assi gn , as counsel for Mr O'Brien , Mr James Whiteside , Q . C ., and Mr Francis Fitzgerald . , The Attorney General assented to this arrangement of counsel . . . Mr Potter then said that Mr _M'Manus had not yet employed an agen t , and was therefore unprepared to select counsel . The court assigned Mr Potter as Mr _M'Manus ' _s agent , and informed him that he might inform the Clerk of the Crown whom he desired for his counsel any time before he pleaded .

      Mr Lane ( solicitor ) said he had to apply on behalf of three prisoners , who were his clients , namely , James Orchard , Patrick O'Donnell , and Denis Thyne , for a copy of the panel . . The Attorney General stated that the hig h sheriff had not yet returned the panel , and t ha t nei t her of t he parties , the crown or the prisoners , had ye t be e n furnished with a copy . Mr Lane observed that the panel had been returned by the sheriff , and was now ia the office of the Clerk of the Crown .

      The Attorney General said he was not aware of the fact before , and with r e spect to t he applica t ion he could only say that he did not wish to establish any precedent by giving a copy of tbe panel to the prisoners , as they were not entitled to it as a right . : Mr Lane : I ask it as a favour , and not as a right . The Chief Justice : You have admitted that you are no t of ri ght entitled to a copy of the panel , and as a matter of favour it cannot be granted , unless with the consent of the Attorney General . It is to bim , therefore , and not to the court , that your applica t ion ought to be made . The court was tben adjourned .

      The trial of Mr Smith O'Brien , which will take precedence of the other state trials , will no t t ake 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 tbe following summary will convey a sufficiently correct idea to our readers . The first count we give in full : — * First count : The jurors for our lady tbe Queen upon their oath do say and present that William Smith O'Brien , Terence B . M'Manus , James _Orc-iard , Richard O'D o nnell , and Denis Thyne , being subjects of our said lady the Queen , not having t he fear of God in their hearts , nor weig hing the du t y of tbeir alleg ianc e , but being moved and seduced by

      tbe insiigatiou of the devil , as false traitors against _eursai d lady the Q ueen , and wholly withdr a win g the love , obedience , fidelity and allegiance , which every true and lawful subject of our said lady the Queen , should and of rig h t ought to b e ar to w a r d s our said lady the Queen , on t he seven t een t h of Jul y in the 12 th year of the reign of our Sovereign Lady Vi c toria , by the Grace of God of the United Kingdom of Great Britain and Ireland , Queen , Defender of t he Fai t h , and so for t h , and on diver s oth e r d a ys between that day and the 30 th day of the same month of July , with force and arms , a t t he parish of B a llingarry , in the said coun t y of Ti pperary , 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 t o say , wi t h guns , p istols , pikes , clubs , bludgeons , and other weapons , being t hen and t here unlawfully , maliciously and traitorously assembled and gathered together against our said lady the Queen , did then and there wickedly , maliciously and traitorously , levy and make war against our said lady the Queen 'within this realm , and being so assembled together arrayed and armed against our saih lady the Queen as aforesaid , did then and there -witd great force aud violence parade aud march in a hostile manner in and through divers villages , towns , places , and public highways to wit , in the said

      parish of Ballingarry , " in the county of Tipperary a fore s aid , and did then and there erect certain obstructions composed of cars , car t s and p ieces of timber and other materials , erected and built to a great heig ht , tbat is to say , to the hei ght of five feet and upwards upon and across the said hig hways to obstruct and prevent the marching of the _soldiers of our said lady the Queen within this realm , and did tben and there make a warlike at t ack upon , and fire at a large body of constables then and tbere lawfully being upon their duty as such constables , and did then and there with force and violence endeavour to compel the said constables to join them in levy ing and raising public insurrectioH , rebellion , and war against our said lady the Queen within this realm , and did then and

      there make a warlike attack upon a certain dwellinghouse , situate at the Commons of Boulagh _, in the said parish of Ballingarry , in the county of Tipperary afor e sai d , and did then and there fire upon a large body of constables , tbat is to say , fort y constables therein assembled , and did then and there maliciously and traitorously attempt and endeavour , by forc e and a rms , to subvert and destroy the government and constitution of tbis realm as by law established , in contempt of our said lady the Queen and her laws- to the evil example of all others , contrary to the duty of the allegiance of them the said befOTe _^ mentioned parties against the form of the statute in such' case made and provided , and against the peace of our said Lady the Quees , her crown and di gnity . '

      The second count charged the same parlies vi ith having assembled at Mullinahone , together with a large number of other evil-disposed persons , armed wi th guns , pistols , & c , and wi t h 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 tbere assembled to surrender their arms , and join with them in such levying of war _. The third count charges the same parties with having erected a barriq & de at Kiuenaule , in order to

      Bath.—The Quarterly Meeting Of Th's Bran...

      _^ _^ - - — fl obstruct the _mareair-g of the Queen ' s troops , in _lur _* \ tberance of the said , insurrection . The fourth count charges the same parties with _a _< farther attempt to levy war against her Majesty the Queen , by appearing in arms at Ballingarry , together with five hundred other persons , at present unknown , on the 29 th day of July last , and with having there made a warlike attack , and fired upon a large body of constables who had been assembled for tbe discharge of their duties in a certain dwelling-house at said Commons . The fifth count charges the same parties with baying subsequently appeared in arms , with otber ill-disposed persons , at Ballingarry—namely , on tho 29 t h of Jul y , being actuated with a design to sab * _MBetruct themarBaihtt of the Oueen _' _sirnnn _. 5 _^< m _..

      vert and destroy the constitution and government 0 ' this realm , and to deprive and depose our sovereig | lady the Queen , of andifeom the sty le , honour , an king ly name of the _imperial crown of this realm The _sisth and last count is a general one , which embraces-- all the overt aots set out in the five former _county and alleging ia general terms that the objects of the parties accused were the same as before recited , viz ., to move and excite insurrection , rebellion , and war against ourt lady the Queen , aad to subvert aad alter the legislature , rule , and government ; now established within this realm . CALENDAR 0 *? - IHE PRISONERS . The- following is a copy of the calendar of the prisoners for trial , at the Special Commission at Clonmel .

      Suspected of high treason . —John B _. Russell ' James-Purcell , _Edwardi Smith , James O'Donnell , Arthur O'Ryan , and Francis O'Ryan . Concerned in treasonable proceedings . — - John Hickey alias James Walsh . One of a party of insurgents who attacked tha police at Farinrory aad wa 3 wounded . — - James Dwyer . Engaged with Smith O'Brien in rebellious and insurrectionary proceedings ;—John Preston , Jeremiah Kealy , J o hn Linnane , Pat Ormond , John Bronnon , Stephen Morrissey , James Butler , James Day , Edmund Kennedy , Michael _Bryaa , Edward Maher , and James Britten . ? : Concerned in treasonable practices . — Thomas Parker O'Flannagan and Pat Dunn .

      HaviBg a pike in a proclaimed district . —Marti Murphy , William Quirk , and Daniel Collins . One of an armed party who attacked the _policft barrack at Glenbower ( wounded )—W . Kelly . Aiding and assisting Smith O'Brien ii arms against the Queen . —Thomas Finnane and Edward Kennedy . : Concerned in treasonable practices . —W . Pratt and Denis Thyne . Hi gh Treason . —Manin R . Leyne , Patrick _O'Donohoe , James Orchard , Thomas Stack , Terence B e llew M'M a nu s , Patrick O'Donnell , W . S . O'Brien , and Thomas F . Meagher . Burning the police barrack at Slate Quarries , ou t he 1 2 t h of Jul y , in arms , destroying and stealing the property of the constabulary , and being traitors , & c—James Neill , Patrick Walsh , and John Moore

      COUNSEL FOR THE DEFENCE . Mr Whiteside , QIC , has been retained for the defence of Mr T . Fi Meagher . The learned gentleman yesterday obtained the necessary licence at Dublin Castle . The otber counsel for Mr Meagher are M e ssrs 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 . Clonmel , Friday , Sept . 22 . — At half-past three o ' cl o ck , the Lord' Chief Justice ( Queen ' s Bench ) , Chief Justice ( Common Pleas ) , and Judge Moore , entered the court . The grand jury had pre viousl y appeared in their box , and the Attorney General . Solicitor-General , and Crown counsel wer » in attendance . The foreman handed in true bills for hign uta ° o against Thomas Francis Meagher and Patric . O'Donohoe . Tbe prisoners were brought into court and placed at the bar .

      Lord Chief Justice ( Q . B . ) . —Thomas Francis Meagher , the grand jury have found bills of indictment against you for high treason , and I have to inform you that it is your privilege 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 handed to Mr M e ag her . It is similar to that found against Mr O'Brien . Lord Chief Justice . —I have further to inform you t ha t the cour t , 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 at * torney ?

      Prisoner .-Tbe arrangements with my leading counsel are no t ye t conclud e d , and I pray your lordship that pending those arrangements you will allow an applica t ion t o be made to t he cour t b y a junior counsel , Mr Francis Maher . The Lord Chief Justice . —Are you prepared to nominate an attorney at present ? ' Prisoner . —Yes . Lord Chief Justice . —Whom do you nominate ? Prisoner . —Mr Kirwan , of Thurles . Lord Chief Justice . —Kirwan , between this time and the d a y y ou a re called upon t o p lead , which will be next Friday , will name tbe counsel to the clerk of the Crown , and the court will , thereupon appoint him your counsel . On Friday next t h e five days allowed by law will have expired , and on that day the Crown will be entitled to call upon you to plead .

      Lord Chief Justice . — Patrick O'Donohoe , the grandjury have found bills for high treason against you , do you desire to be furnished with a copy of the indictment ? Prisoner—Yes , my lord . A copy of the indictment was banded to the prisoner . It is similar to the others . LTd Chief Justice . —Are you now prepared to name counsel a nd a t torney ? , ' Prisoner . —I am not prepared to nominate an at » torney a t pres e n t , but I will be prepared in the course of to-morrow . Lord Chief Justice . —Are you prepared to noitinate counsel ? Prisoner . —Yes , I name Francis Maher as my counsel . _••>

      Lord Chief Justice . —You aTe at liberty to name a second if you think proper . . Prisoner . — Allow me time until to-morrow to do so . Lord Chief Justice . — Yes , you can d o so at any time between this and Friday next ; but the Crown will be entitled to call upon you to plead on Friday next . Prisoner . —Very well , my lord . ., ' . ' The prisoners were removed , bu t were again brought into court at tbe 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 refu s ed t h e applica t ion , ahd tbe prisoners were removed . MORE TRUE BILLS FOUND .

      Clonmel , Saturday Ni ght . —This morning , at eleven o clock , as on the previous day , Mr Justice Moore came down and opened the court . The names of the Grand Jury were called over , and tbey retired . On returning into court at half _, past one , the Judges having arrived , the foreman , Lord Suirdale , r _e por t ed tha t t hey had found _trubills for high treason against Edmund Egaii , Wile liana Peal , Thomas Finnane , G . Brennan , J . Preston , and Thomas Stacy . The prisoners were sent for ,

      and shortl y appeared m the dock . They were informed of the finding of the jury , received a copy of the indictment , and named the solicitor who is to c o nduc t t heir defence , with the exception of Egaii , who had no t made u p his mind , the others nominated Mr Verelane as t hei r att o r ney , and have not ye t g iven in the names of their counsel . The prisoners were then re-escorted to prison The Chief Justice intimated to the grand jury that t heir a t tendance would n ot be agaiu required till Thursday next .

      ^ ^ - - : —T Fl Obstruct The Mareair-G O...

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      . ¦ ¦• ¦ I..^/ . . >^Sfck./ < ^ And Mtio...

      AND MTIOKAL TiyjL >] _ES" JOURNAL ,

      Voi. Xi. No 571* London, Saturday , Smpt...

      VOI . XI . No 571 * LONDON , SATURDAY , SMPTE _^ lj |) , 1848 . r _^ _^^^ _^^ , ' _^ _djIWWI ' . FiTe » MMI » B » ami Sixpence per Quarter

      Latest News From Ireland. Clonmel, Thurs...

      LATEST NEWS FROM IRELAND . Clonmel , Thursday , September 28 —This being tba day _appointed for the commencement of the slate trials , a multitude of persons assembled at an early hour in the neighbourhood of the court _hcusejao bus to be present at tho proceeding . The eatire day was occupied with preliminary motions and arguments .

      Another Bodi Or A Sufferes In The Ocean ...

      Another Bodi or a _Sufferes in the Ocean Mo . narcu . —Oi Monday an inquest was add beiore Mr Carry , on view of the body of a man unknown , which was found bj the Captain of a steamer whioh was work-Ing at ths wreck oa Friday night . Ho _wus about fiva foet eight inches high , anil _batf oa a black froofc coat and _peppsr ann salt _ttouam . The _faw was eo _dUfijured and deoayed that the oQunteuaBoe wbb effaced , _Ytrd . ctvFound _drowaej ,

  • Citation
    • Northern Star (1837-1852), Sept. 30, 1848, page 1, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns3_30091848/page/1/