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Vol. XII.— No. 10,
THE CATHOLIC HERALD
18 PUBLISHED EVERY THURSDAY BY
M. FITHIAN,
No. 72 North Second Street, Philadelphia.
Terms.—Two Dollars and Fifty Cents, if. patd
iaadvance, or Three Dollars, payable half yearly.
No paper discontinued until all arrearages are
settled.
AJL Communications, except from Agents or
Subscribers enclosing remittances, must be post
paid, and addressed ‘To the Editor of the Ca-
$ tholic Flerald, Philadelphia, Pa.”
;, By permission of the Post-Master General, any
Post-Mastercan frank a letter containing aremit-
tance, fora Subscriber.
MR. SHEIL’S: SPEECH.
Court of Queen's Bench.—Satvurpay.
The full court sat this morning at precisely
ten .o’clock. It being publicly koowa That the
case for the crown had granael and that the
Right Hon R. L. Sheil, QC. . P., was to
open, the case for the defence, the greatest auxiety
was manifested to secure places inthe court. The
ball of the courts and the adjoiniag avenues were
thronged to excess at ao early hour. . ‘The. inte-
rior presented.a very strikiog appearance, aud
every part of it was crowded almost to inconve-
nience.. We have never, on any occasion observ-
ed so many clegaot attired females in, a court of
justice. . Many.o f the nobility with their families,
at present in town, who cou! uld procure admission
were preseot.., We observed. in the court the
Conntess of Donoughmore, Lady Sugden, Mrs.
Smith O'Brien, M, P. Robert D. Browne, M. P.
and, several other influential and popular geatle-
men..,.When. the judges had taken their seats
the most death like silence prevailed, and every
eye was turoed in the direction of the great. ora-
when he, rose’ to address the, jury. we
have never witoessed a more iropressive- or so-
Jemp scene,
ob: minies® a+ * we
& There is one Boglish gentleman, I believe upoo
hat jury. If a prosecition fora conspiracy were
fostnaied against'the Aati-Coro
would he bt think it ve
“ihat’ ait ‘Cobden and Mr, Bright should be held
q rontele, in
noel with tb
eis neeused of conspiring with
‘men ‘who seertainly never conspired with each
‘other. For those who kaow anything of news-
papers are aware that they are mereantile specu-
Tittons—the property ia them is held by shares—
and that the very circumstance of their being
each other.’ remember to’ have hear
‘Barnes, the celebrated editor of the Limes ‘News
paper, once ask Mr. Rogers what manner of
‘man wae Mr x onan’ to which Mr. Rogers
eplied, * a dull dog, who read the Morn-
ing iNesald + Let us turn for a moment from the
Repeal to the anti-Repeal party. You would
smile I think, at the suggestion that Mr. Murray
Mansfield and Mr. Remmy Sheehan should evter
m-
stance be sufficient to sustain, io the judgment of
men of plain sense, the charge of conspiracy
upon them! © Gentlemen, the relation in which
Mr. Dutly. Mr. Barrett sod Dr. Gray stood to
the Repeal Associat “the same
‘that in which Me. Stavowons the TN antierer of the
fer, stood towards the Ga tholic As-
will tell you that his convection
with that by He is precisely of the same character
existed with the celebrated body
ve referred; he will prove to you,
that over ‘ie Paper Me, O'Conaell exercises vo
sort of contol, and that all that is ‘done by him
iu referenceto his pa result of bis own
free and unbias:
him in the same moaoner
public jouraats ; he is not a conspirator; the gov-
not treated him as suche - Why?
ere uo poems in his paper like
“The Memory of the Dead," which, although iu
direct opposition tothe feelings of Mr. ‘on-
whieh ac frequeuly expressed, it is
now vsed in evidence Aguingt hun Chewe tem
1 have said enough to you te show how forma
dable is this doctrine of conspiraey—of legal coor
spiracy—which is so far removed from all o
Law League in|
- | special jury list, nod leave twelve Roman
tions of actual conspiracy, to show you ou further
ow cautious you ought to be in Fading eight of
our fellow citizevs guilty of that charge.. -The } J
defendants are indicted for conspiracy, and for
nothing else. No counts are inserted for attead-") h
ing unlawful assemblies. . The Attoraey General
wants a conviction for conspiracy and nothing
el e bas deviated in these m2
English usage—in indictuneuts for a conspiracy,
gous for attending uotawful assemblies are iv
England vniformly inyroduced.: Evglish juries
have almost uniformly manifested ao aversion
to find men guilty of a conspiracy. Take Henry
Hunt's case as ao mp! heo that case
was tried England was ina perilous condition.
It had been proved before a secret committee of
the Hou umons, of which the preseut
Ear! of Derby, the father of Lord Stanley, was
the chairmaa, that large bodies of men wer
ciplived at aight in the ‘neighborhood of Manches-
ter, and m: {he use of arms. Ap
extensive “orgauization ‘emis Vast public
asseinblies were held, accompanied with every
revolutionary incident in furtherance of, a revor
lutionary object—yet, an jury would not
find Henry Hunt guilty ofa conspiracy, but found
bim . guilty, on the fourth count of She indict-
meant, for atteading an unlawful assembly. Some
of the Chartists were not found guilty of couspi-4
raey, but. were found guilty upon counts {rom
which the word “conspiracy”. is left out.
tlemen, the promises of Mr. Pitt, when the Union
was carried, have not been fulfitled,—the pros-
pects presented by him in his. magaificeat
declamation have not been realised ; but, if in so
many other regards we have sustained
grievous disappoiotment—if English capital has
not adventures here—if Englishmen have prefer-
red siuking their fortunes in the rocks of Mexico
rather than embark tbem ia speculations coa~
nected with this fine but. unfortunate country—
yet, with the union, let one advantage. be at all
eveots derived: Let English feelings—let English
principles—let English love of justice—let Eng-
lish horror of oppression—let English detestation
of foul play—let English loathing of constructive
crime find its way amongst us! but, thank God,
it is not to Englund that { am driven exclusively
of twelve honest meu to prosecutions for pomgphe
racy. “You remember the prosecution of Fi
and of Handwich, and ,other Orangemen . no
inferior class, uoder Lord Wellesley’: 's adminis-
tration ; they were guilty of a riot iu the theatre,
but they were charged with having entered into
The Protestant
ses were poured
t every diet io the couoirye
remoustrating against a prot which
represeuted as hostile to the iiberteg of the coun.
try, aud as a great stretch of the preroggtive : of
the crown. ‘The jury
at that time, heated ty feelings of partizanship,
were rash enough to for a convictions Fatal
mistake! ‘A’ precedent would bave been created,
which would soon ha een . cooverted into
practice agaiust themselves. niles
are living in times of strange political v} itude.
God ‘forbid that | shvuld ever. live to see the
time—(for ato to see ascendancy of every
kind)—God forbid that 1 should ever live to see
the ume, or that our children should ever live to
see the time, when there shall be arrayed four,
Catholic judges at a trial at bar upou that bench,
when the entire of the government bar who shall
be engaged ia a public prosecution shall be Ko-
mao Catholic; and when atholic crown
solicitor shall strike eleven Protestants from the
Sath-
olics iv that box. reassert. it aud exclaim
again, ia all the siocerity of my hearty. thnt
1. pray that such a spectacle never , sh:
ae
e
faad. , know. full well. the irrepressible
tendency of power to abuse. We have. wit<
S|) nessed strange things, and strange’ things we
may yetbehold. It is the duty, the solema duty:
itis the interest, the paramount interest—of
every one of us, before and everything else, ta
secure the great foundations of liberty—in which
@ ull have an equal concera—troin .iuvasion,
aod to 0 guard against tbe creation of a precedent,
which’ may evable some future attorvey general
to.convert the (Queen's Bench into a star cham
ber, and commit a further iuroad upou the
priviples, of the constitution. , Gentlemen, it is
enti 30 sbow you that my client is wo!
guilty of, any of the conspiracies charged in the
eticiments ‘od i ii doing 84 I shall have occasion
to advert to the several proceedings that have
been adapted by the government and ta the evi-,
dence that hins been laid before you. But before
I proceed to that head of the whic!
traced out for myself, I. shall show you
have
what the object of my client really was. 1 sball
show you that that object wasa legal aud
thar it w as by legal means that he Sndenvoure
to atta ‘The Attorney General, in a sperch
of cnciderabie Jength—but not longer thang the
greatness of the occasion amply justi jed—ad=
verted toa great number of diversified topics,
Gen: 3
a: most | gssertious were calculated to sbake:the subordi-
to refer for a salutary example of the aversion, hs
jects, ong of the
exhibited io this the fist criminal court ia the] S
L provers to give van
Lend John Rsselly--adverted to the report of|
the secret committee of the House of. Lords. ia
797, and referred to the great era of Irish parlia-
qreoury independence, 1782.1 That he chewed
ve.beea so multifarious and: discuri
not corplainy.\In: a case -of ‘this jncateulatle|
importance, we should look for’ light wherever
than the year 1782
mean to cater into. apy leagthened narrative or
elaborate expatiation. « Long tracts of time may
be swiftly traversed.:..I do not think -that any
writer bas given a more accurate, or more, io+
the assertion of her rights than Sir Walter Scott.
material alteration. ‘The man who could speak
of. Scotland in those noble lises, which were
cited in. the course of this. trial, with.so much
passionate attachment, made a ie
fgr. those who felt for .the Tand of
seme, emotion, ie bis life of ‘Sein he. be
Molyneux, the friend of Locke aad liberty, pub:
{ished in 1698,. 0T te covet teslend being bound
by acts of parliament ia England, stated,” in
which he show with great force, that the right
at legislation, of which England made so oppres-
@ vse, was either justiGable by the: plea of
quest, pi 38, oF, precedent, aad was op!
agbmitted to from locapacity of efectaal resist-
ance. ho temper of the English House of Com
7m id. not brook these remonstrances. “It'w
thauimously voted that these bold and pornicioor
nation aod dependence of Ireland; as united aad
anoexed. for ever to the crown of England, and
the vote of the house was followed by an nddress
te the Queen, complai that..although. the
weollen trade was tho staple manufacture of Eag-
land, over which her legistation was accustomed
to watch. with the . utmost care, yet: Ireland,
which was depeadent upoo’ and protected by
England, not contented with: tbe lived nanufac-
ture, the liberty whereof was indulged. to her,’
presumed also to: erply her credit and capital
jo the. weaving of her owa, w aod woollen,
Soths, to the great | detrinsect of Tn Not] ti
m=
5
coutradiet maxims equally inmate and
| In acting wpe, the . eumimercial
ions, wrong was dd upon wrong, and
‘~~ poe
ofthe dependvae of ihat kingdom opons Eng?
land, and the power assumed, contrary to truth. ~
reason,.and justice, af binding her by the laws of
@ parliament jor w
tioa.” -And, gentle! fae
of me to ask, whether ifirelacd have na cfective
representation—if the wishes and feelings of the
es.of Ireland wpon Irish questions
@ P of no accouat—if the Irish
utterly merged in the English, aod
isteré does. pot, by a judicious‘ poliey;
sentati
the mi
endeavoor y-connteract iad he might, in ther |
opinion of masy men, effectally do~is’ not the’
bota He represeniative jnps iament 7?’ Gen-
tlemen, Swift a the people of Ireland
upon this grea tpi zwage as strong as
any it -] Daviel: O'Conpelt hae. employod.
“The romedy rhe 4 ays, “is wholly in your bande:
+! By the laws of God, of nations,
of your country, you are, and ought tobe
apebple aa your brethren ia Eogtand.
¢ | tract,” says Sir Walter Scott; * pressed at once’:
upon thereal merits of the Question * ‘stue, ‘and:
Ibe alarm was instantly takeb, & Euglieb’
government, the necessity-of: seppories whose’
domination: devalved upon-Carieret, sho wie:
just lande: \d necordingly @ proclamation was-
issued offering 300k reward » for the disrovery ‘of
theauthor of the Déaper’e fourtly fetter, deseribed*
as & wicked aad malicious pamphlet, containing’
sateral seditious-an ages, highty*
reflecting ‘upon his Mejesty-aact-hig mivistere,> {
and tending te eliepate thé affections of tis good !
teresting account of the first struggle of Ireland for | practi x eer exactly the same as if Ireland bad Me
subjectsio England aud Iveland from each other.” *
Sir Walter, after mentioning ove or two interest: !
ing anecdotes says—*. When the ‘against the »
printer of <ee@ Draper's letters was abort. to. bet *
presented to the grand jury. Swift addressed 10*
that body a paper entitted *Seasonable ‘Advice.”*
exhorting them to remember ; ihe story of the:
league’ mode by
on condition of. pe
mastiffy, after “whi
flock .at'> pleasure. +
addressed to the citizens ar large, nod enforcjar
similar tapie:
initials, and
tivo. ‘Alloding to ee arg ahat he had gone | 109! .
‘ar iu leaving 5 0. of Wood's project~'
to treat of *xhes Meged aor de ence of Keolnad
he conclidés 4 ia these lin cont
iosult was added to injury-cwith this edvaninge
h the aggressors, that-ahey: could
W he: ft “
Trelnnd i io 1714 be first devoted himvelt
rary occupations ; | bat | at Jeugth bis. ads
Was arouses wrougs whi
pou. vow. ‘ae an
excited by. the injastice which he. abborred that
he could not farbar from exclaiming to his friend
Delaoy, “Do not the villavies of meo eat into
‘your flesh?” Iu 1720 he published a Proposal for
Yhe use of Irish manufacture, aod was
with, having -endeavoured to vere boatiny
bexween different classes of his Maj sub
es preferred in rie very
indictaent. At th time Uhejudges were .de-
endeut upoa the crown. , They did not possess
that “Bxity of teoure” webich | is a security for
their public virtue. . The: ow no longer,
thank, God, “teuaats at » The ma
mistaken—they may be blivded by strong emo-
tions—but corrupt they cannot be.: The circum-
stances detailed iv the following passage. ia the
life of Switt could not by. possibility occur iv
moderu: times. **/The storm which Swift, hed
driven was not long io burstiag. It wasintima
ted to Lord Chief Justice Whitshed by a person
jo great office” (thi I remember right, was
the expression used by Mr, Ross, in reference to
own, who sent, him here) ** that
amphlet was published for the purpose
of setting the two kingdoms at variance;
ib. was recommended that the printer should be
prosecuted with the uttermost rigour, Whitshe d
s DOL A person to neglect at the
arguments of government were so § a) that
the aranlj juries of the county aud city preseuted
the decn’s pamphlet as a seditious, factious, aw
virulent titel," Maters, the priuter, was seized
and forced to give great bell but upoo his trial,
tbe jury. though some had, been. bestowed
io selecting them, brovght ‘in
it was pot until they were worn-out by th
Chief Justice, who detained them cleven | ‘hours,
ata
FR
sent :thein vise times to .recousi
that heyy mt length, 10 etal Tele the
bis hi fecial verdiet;, bat the
the goternment; men's ininds revolted
niquitous conduct.” Sir Wares Seoulthben
acco of the famous
Draper's letters... After speaking ot the first
as
service 10
at bis
three, Sir Walter Seott says, tt Tt
obvious; from -the | temper of rela that the
true poiwt-of difference between the two ¢
tries might safely be brought before the pobhe.”
Jn the Draper's fourth letter, accordingly, Swift
holdly treated of the. royal prerogative, .of the
almost exclusive employment of natives of Eog-
quoted the speeches of Sir Robert Peel and of
0
. 4
7
j
‘
t Aad dou't deserve, apd sea bring down! sour :
charged | aud
be cued Jou:
matter by ae
mensures Of W hitshee were too violent. to be of t
bow |»
oun- | ted
If, hea ‘oppressiow has aor quite, wae. tee
t once your inde:
Ifyou yodtselves conspire bot your odefog— .
in ve
rut
yet to virtue you ha pretence
If yet you are not lost, 10 common sense, |
Assist your patriots in your own defence;
‘That studied cant, “he went too far? denn |
And know that to be brave is to he w ‘e
Think bow he'struggled fur your liber
And give him freedom white Jourselves are free.
At the same vine was circu lat ed the memorable:
apt qual tion from: scripture, hy . pusker:
a don't ioew cat jemen whether hys wr
ipought to hav ve been) "Aad the.
to Saul, shall Jonathan die who:
=
>
>
LB e
“fall totthe groind, for he: hath.
wrought wih God this days so ibe people re
dhe died oot." Thus ad-'
mined _ verse, law, aod scripture, the grand’ ~
jur. antleds+ Ht was in. vaio that the Lord
Cheer Justice Whitshed, who had denovuced the»
Hena’s former treet 8s seditious, and procured a
rerdict ageing,
jimidar occasion.
dation. was passed, | Si S Walter ‘Beott, ‘after de~
tailing ii stages of the vslece of Whit ished,; andy
4 e deon’s letters, says
®
&
28
ae
t] signs his> io eait poo
andkerebaelevaieest upon medals, and displays|
ry pe posible manoer as the Liberator ef.
relandst Velh might that epithet “prand,”. be
applied te the first great struggle. of the people?
of Nels by: that immortal Seolehinany who
was hisggelf ed “grand of soul.” nod awh i
tal lufuuessgas well asof the “jangvifceace oft
exteroal: patere. had a perception so five, aod!
well. might our owg Grattan, who was so great’
rod s so good, im referring to his own achievement"
that of. the spirit, by which the sou! of Men->
rattan q.was itvelf infamed, every rema +
the besows of my couutrymen inay ot
ecution was not pete :
against 4 reat euospirators. of 3782. The
English minister had been tuughtia the sett: 1
between England aod her colonies a lesson from >
adversity, thatechook mistress, the only one from 1
whom ministersevet learnt auything—who char-
land, io places of trust sad ewolumeut ia Ireland;
Bes so ouch bleed, so much geld, wad such tor-
,
eiglKt te
. tyes
782, address to the spirit of to *
he spirit:ef Molyaeun tus: enthasiasti¢ .invo- >
¢ation,—and m: may not J, iw. such a caose as!
this, withoet 4 irreverence, offer op (iD rayer, >
4
fo
jue
t
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