IRELAND.
The State trial finally closed on Monday. We resume our summary where it broke off.
Twenty-third day—Friday, February 9.
The Solicitor-General concluded h's address to the Jury. Towards the close, he put the charge against the traversers, as developed in the speeches of counsel, in a very compact shape-
' We have charged in the indictment that there was a conspiracy, or, in other words, an illegal object in concert between the traversers. We find one mind employed in the concoction of the whole; we find each and every one of the traversers following out the purposes of the conspiracy or combination so ar- ranged in his particular department; we find the publisher of one paper insert-
lag an article having a certain object ; we find each of the traversers pursuing an object tending to the common design ' • we find meetings held at which this
person and that person was present ; we find speeches made at the meetings; we find the purposes of this meeting carried out ; we find every thing going on regularly and systematically from first to last, till at length the purposes are scarcely disguised —till that which was at first almost secret and unknown is so fully developed and expressed, if I may apply the term, that they are known to the world. Have you the slightest doubt that that agreement or concert existed in this case' in the year 1843 ? Have you the slightest doubt that the object was to terrify, into the granting of a certain measure P Have you the slightest doubt that the object was to neutralize the Army—if possible, to dis- parage the administration ofjustice—to excite discontent and disaffection ? and that all was tending to a common end, in which common end and the use of which common means, each and every one of the traversers at the bar was more or less affected ? • • • Are you now able to understand what was the object of the several traversers ? Have any one of the counsel for the traverser. ever shown—ever asserted—have they ever suggested what was their object ? Has ever an attempt been made to show that they have even resorted to any legal, to any constitutional mode to effect that object, whatever it was? Have witnesses been called to arraign the evidence adduced. by the Crown ? Not one. The case is wholly devoid of all defence."
Mr. Greene having concluded, the Judges and the Jury retired for a quarter of an hour. On their return, the Lord Chief Justice commenced his charge. He stated, that on a conference with his brother Judges, he found that there was a perfect concurrence between them all as to the subject-matter to be laid before the Jury. The Jury had heard a great deal of eloquence— much that was poetical, anuch that was prosaic, and much that was irrelevant. On the question of the fact they were themselves the con- stitutional judges : " You are to determine and come to a just conclusion upon the fact ; the law of the case you will take from the Court." He first explained the nature of the indictment ; and of the single offence with which the traversers were charged, " conspiracy "—
For a conviction of conspiracy, the law requires that the Jury should be satisfied that there was a consent either for the purpose of doing an illegal act, or doing or causing to be done an act legal in itself but to be brought about by illegal means. Mr. Fitzgibbon had argued that treachery and secrecy were necessary ingredients in the crime of conspiracy ; but that was a mistake in law ; and a careful examination of the authorities adduced by Mr. Fitzgibbon did not bear out his position. In the language of Mr. Justice Coleridge—" It is not necessary that it should be proved that the several parties charged with a common conspiracy met to concoct this scheme, nor that they should have originated it. Who the parties were who met to concoct the illegal agreement it is not necessary should be absolutely proved to you : it is enough for you to see whether, from the acts that have been proved, you are satisfied that those defendants were acting in concert in this matter. If you are satisfied that there was a concert between them, (that is, an illegal concert,) I am bound to say, that being convinced of the conspiracy, it is not necessary that you should find both the traversers doing each particular act, as after the fact of the con- spiracy is once established in your minds, whatever is either said or done by either of the defendants in pursuance of the common design, is both in law and common sense to be considered the act of both." This doctrine might bear some modification, especially as applicable to the Reverend Mr. Tierney. If a conspiracy be formed, and a party afterwards join it—the Jury would consider whether or not he adopted the previous acts of the association.
Mr. Shell had quoted, from the ease of the King against Kirwan, the remark of Mr. Peter Burrowes, as counsel for the defendant, " That to assume such a right as to represent the people, or any part of them, would be an encroachment on the exclusive prerogative of the House of Commons; and that any person who should exercise the function legis- lative or judicial would be guilty of a high misdemeanour." Those were sound constitutional principles. Now, by the Coronation-oath„ the Sovereign solemnly swears to govern the people of the British dominions "according to the statutes in Parliament agreed on, and. the laws and customs of the same"—
We heard a monstrous deal of assertion, we beard a monstrous deal of de- clamation, we heard a monstrous deal of complaint of grievances, and we heard a great deal of what the law ought to be. We have heard you called upon to decide whether such a law ought to continue, as if you had any power on the subject at alL The law of the realm as it stands and settled by the Act of Union, until that act is repealed, is the only law you can take into your eonsi- deration on this subject. This is the law which the Queen, by her Coronation- oath, has sworn to preserve; and it is idle to say that the Queen, if she thinks proper, may depart from this law, and call a Parliament of her own in Ireland, supposing her own desire accorded with the people, and set up a new law and new constitution for this country, in direct violation of the Act of Union. In passing the Act of Union, the kingdom of Great Britain ceased to exist, and the kingdom of Ireland ceased to exist; and instead of these two there was formed one United Kingdom, under the style and title of the United Kingdom of Great Britain and Ireland. It was not that there should be one King having thereafter two kingdoms for his dominion, but one King having one kingdom; and to say that the King or Queen of Ireland may be treated as the King or Queen of a separate kingdom, is absurd—seditious. Until the law be altered by the proper authority—and I don't say that it may not, but while the law remains as it is—and it has been an during the whole of the year 1843 and the preceding years which have intervened since the enactment of the Act of Union—there is one King over this kingdom, incapable by himself of treating with any class of his subjects, except through the Legislature, with regard to a new constitution or new laws with respect to any part of the United Kingdom. I say, moreover, that whichever of his subjects would take upon himself to in- culcate—to proclaim among the subjects of this part of the United Kingdom, that be or anybody else, abstracted from the Legislature, has the power, either separately by himself or jointly by himself and a portion of the inhabitants of this part of the United Kingdom—that he or they, independently of the Legis- lature, had a power of treating with the Queen for an abrogation of the exist- ing law, and to put in its place a new law, such as we heard suggested, is guilty of a great offence—he is guilty of the crime of sedition. And if her Majesty were pleased to condescend to treat an enactment separately from her Parlia- ment, and to adopt his suggestions, she has not the power to do so, without violating her Coronation-oath. • * • It would be productive of wildness, anarchy, and confusion, if every man, or set of meu, abstractedly from Parlia- ment, were permitted to say, we do not like this law as passed by our Legis- lature—we think it was not properly passed—we think there were reasons which should prevail against it, and, therefore, we are not bound in conscience to obey it" The Chief Justice explained the law of public discussion and public meeting- " It is no crime for a man to state a grievance, or to make a mistake with regard to his political position ; and he may freely communicate his sentiments to friends or strangers. He has a right to make his complaints wherever he goes, should he think proper to do so, even if he should attend a public meet- ing, however large : the mere fact of its being a public meeting is no reason why a man who has a 'grievance, or thinks he boa, should not attend that meeting, make a statement of what he conceives he has a right to complain of, and so, on the principle of free discussion, endeavour to get by peaceable means as many advocates in support of his alleged grievances as he can Procure That is the morality of the law as stated by Baron Alderson, [on the trial of Vincent,] and concerning which he said, ' God forbid the country should ever be without it '; and so say I, too. But, gentlemen, in order to disseminate those grievances, he must take care not to infringe upon the rights and privileges of others ; and he is the more bound to be careful as to the effect of what he does, if the assemblage which he attends is assembled and congregated in such masses and multitudes as to excite terror and alarm among the neighbouring people, or among those who are bound to watch over and preserve the peace and constitution of the country. • * • Now, in order to make a meeting unlawful, it would not be necessary that in point of fact the peace should be broken. It does not follow that because there is no breach of the peace, therefore the parties attending the meetings are not guilty of the offence of exciting terror and alarm among her Majesty's subjects. If meetings to which parties went unarmed have been attended with demonstrations of physical force that would reasonably have excited fear, terror, or alarm among the peaceable subjects of her Majesty, they are illegal, whether they consist or not of an unarmed mass." Nor was an immediate breach of the peace, or the terror of mere neighbours, ne- cessary to render the meeting unlawful. " Suppose that the persons who had collected that mass and multitude together, did so for the purpose of making a demonstration of immense force and physical power, guided and actuated by the will and command of the person who has caused that multitude to assemble—suppose they had no intention of disturbing the peace, but that they met for the purpose of exhibiting to those with whom they had to do—to those who were the legal legislators of the country—that his object in calling all those people together—his object in assembling, dispersing, and calling them —was to do that with the greatest possible notoriety. Suppose he did it in the open day, when all the world could see and hear him, and that his object was to overawe the Legislature, who are likely to have to consider certain political subjects in which he was interested, and for the purpose of deterring the Legis- lature and the Government of the country from a free, cool, and deliberate jtidgment on the subject—if that were his object in causing and procuring that demonstration, then, gentlemen, I say, that that is an illegal object in him, and in all who concur and agree with him in the procuring of such means." In the forty years since the passing of the Union Act, many im- portant acts had been passed by the United Parliament ; and if that Act of Union were void, so also must be the Acts that had followed it, in- cluding the Catholic Emancipation Act, by virtue of which Mr. O'Con- nell sat in Parliament. Moreover, if the act were void, where was the necessity of seeking its repeal? The two things were inconsistent ; and at all events, the Jury had as little right to discuss the merits of that Act as they had power to interfere with it. A speech had been quoted, delivered by Mr. O'Connell in 1810, showing that he had expressed sentiments against the Union Act—and he had a perfect right so to do—at a meeting to petition for its repeal: but this was perhaps the first time that a man sought to justify himself from a present charge by citing what he had done thirty or forty years ago.
The Chief Justice proceeded to consider, with much minuteness, the evidence that had been given, beginning with an analysis of the elabo- rate organization of the Repeal Association ; which, with its inspection and reports by Repeal Wardens to the central body, amounted to some- thing like a well-regulated police : and the Jury would consider, whe- ther the issue of classified cards for enrolment, and the circulation of the Pilot, Nation, and Freeman, among the enrolled, were for purposes of "free discussion," or with a view of banding the persons through whom the cards were distributed in a confederation for one universal object, in popular ignorance of its purpose.
Twenty-fourth day—Saturday, February 10.
The Chief Justice continued his examination of the evidence; com- menting on the large funds collected in Ireland, England, Scotland, and America, towards the " exchequer " of the Association. He read the "plan for the renewed action of the Irish Parliament," which declared "the people of Ireland do firmly insist upon the restoration of the Irish House of Commons"; and it propounded a scheme by which, without the repeal of the Union Act, the Queen should issue writs for an Irish House of Commons : he observed, that that " plan " for the entire alteration of the constitution and laws of the country—a plan to place her Majesty, the legitimate Queen of the United Kingdom, in the sepa- rate situation of Queen of Ireland, was not couched in the language of petition, but was put forward as the demand of the people of Ireland : that people were well organized and disciplined; and the demand was to be carried out according to their wishes—by whom, or how, the plan did not specify. The Chief Justice surveyed the evidence respecting the chief of these meetings, beginning with that at Mullingar, and finishing with Mullaghmast. In this brief and compressed review, the most startling expressions used by Mr. O'Connell were more closely grouped together than they had yet appeared in any summary ; and the effect of the strong passages, though so often repeated, was thus consi- derably increased. Alluding to the scheme for bringing into disrepute the courts of justice as established by law, through the Arbitration Courts, the Chief Justice showed in what manner the " conspiracy " was to be inferred- " Have you or have you not Dr. Gray coming forward and telling the as- sembled multitudes that the time was coming when they would be taken out of the hands of those petty tyrants who at present preside in their courts of jua- tice? Have you or have you not Mr. O'Connell himself adverting to the same System at the Clifden and other subsequent meetings; recommending the ap• pointrcent of Arbitration Courts, and the placing thereon the Magistrates who had been dismissed? And have you or have you not Mr. John O'Connell making a speech recommending the same systems, and appearing himself to act under the appointment of the Repeal Association, in presiding over an Arbitration Court established in Blackrock ? "
He pursued somewhat the same process in respect to the speeches of
the Reverend Mr. Tierney, and the allusions which he made in common with others to the traditions of ancient battles and massacres, as tend- ing to show that he had become a participator in the projects of the Association. The publications for which Mr. Barrett, Mr. Duffy, and Dr. Gray are responsible, were subjected to a similar process. The Chief Justice concluded by setting forth the several charges in the lan- guage of the indictment ; instructing the Jury, that criminality is a thing which must be proved and not merely surmised.
The Judge having ceased, the Jury asked if the case need at once be closed, as they were very much fatigued ? The Chief Justice said, their release for that night must be a matter of consent between the op- posite parties. The traversers' counsel did not refuse their consent in
terms, but declined to give it ; and therefore, about half-past seven o'clock, the Jury retired. When they had gone, Mr. Henn took an objection, that no evidence had been adduced of any act done in the county of the city of Dublin ; and therefore a verdict could not be given in the case. The objection was noted by the Court. The Judges then withdrew.
Later in the evening, Mr. Justice Crampton returned, and remained in court to await the return of the Jury. They reappeared at ten mi- nutes to eleven ; and brought in a verdict of "guilty " against all the traversers, upon various counts, but stated "no finding" upon others, which they thought "too comprehensive." Mr. Justice Crampton handed back the verdict, saying that it was imperfect, since the Jury must find a verdict of " guilty " or " not guilty" upon every part and every person. They again disappeared. Midnight approaching, the Attorney-General pressed for the adjournment of the Court, lest any doubt should arise, next day being Sunday. The Judge endavoured to induce counsel to consent to take the verdict after twelve o'clock or to allow the jurors to go home. The Attorney-General persisted; Mr. Moore only said "Nothing." Time crept on ; and the Jury not having agreed at a quarter past twelve o'clock, they were once more sum- moned, and told that they must be locked up until Monday ; which was done. Here another objection was taken by Mr. Henn, that the Court had no power to adjourn after twelve o'clock. That also was noted, and the Court adjourned until nine o'clock on Monday.
The Court assembled at the appointed hour on Monday. Mr. O'Connell, accompanied by his son Daniel and Mr. Smith O'Brien, took his seat at the table of the Queen's counsel, Mr. John O'Connell among the junior counsel, the other traversers at the bar allotted to them. Mr. Justice Crampton detailed to his brother Judges what had occurred on Saturday ; and, observing that the five several issues in the indictment had not been sent up to the Jury in a sufficiently distinct shape, he produced an issue-paper which he had prepared. The Jury were summoned, and the paper prepared by Mr. Justice Crampton was given to them. When they returned into Court, at ten o'clock, they said that they had anticipated the Judges in the way in which they should give their verdict, but they had not had room to write their finding opposite each issue. Before the verdict was read, Mr. Moore took an objection, that one of the Jurors was described on the panel as "John Rigby," though his name was really "John Jason Rigby." A note was taken of the objection. The verdict was then recorded in this form—
Issue, To try and inquire whether Daniel () Connell, Johu O'Connell, Thomas Steele. Thomas Mathew Ray, Charles Govan Duffy, John Gray, Richard Barrett, and the Rev. Thomas Tierney, or auy or which of them, be guilty of any or which of the following offences of which they stand iudieted or nut.
COUNTS AND FINDING THEREON.
let and Id Counts —" For unlawfully and seditiously conspiring to raise and create discontent and disiffection among the Queen's subjects. and to excite such subjects to hatred and contempt of, aud to unlawful and seditious opposition to, the government and constitution. and to stir upjealousies, hatred, and ill with between different classes of her Majesty's subjects, and especially to promote among her Majesty's subjects in Other parts ur the United Kingdom, especially isi England, and to create discontent and disaffection among div ers of her Majesty's subjects serviug in the Army, and to cause nod aid in causing divers subjects unlawfully aud seditiously to meet and assem- ble together in large numbers at various times sod at different places within Ireland. for the unlawful and seditious porpose of obtaining. by means of the iutimidation to be thereby caused, and by means or the exhibition and demonstration of great physical force at such meetings. changes and alterations iu the government, laws, and constitu- tion as by law established, and to briug into hatred and disrepute the Courts by law established in Ireland for the administration of justice, and to diminish the conadenee of her Majesty's subjects in the admiuistratiou of the law therein. with the intent to in- duce them to withdraw the adjudication of their differences with and their claims upon each other, from the cognizance of the Courts of law, and subject them to the judgment and determination of the tribunals to be constituted and contrived for the purpose." Guilty- Daniel O'Connell, Richard Barrett, and Charls.s Govan Duffy, omitting the words' unlawfully and seditiously " before the words" to meet and assemble." Not Guilty—Daniel 0 Connell. Richard Barrett, and Charles Govan Duffy. as to the words " unlawfully and seditiously," before the auras " to meet and assemble." Guilty_ John O'Connell, Thomas Steele, Thomas Mathew Ray. John Gray, omitting the words " unlawfully and seditiously " before the words " to meet and assemble," and omitting the words "and to excite discontent and dtsaffs•ction among divers of her Majesty's subjects serving in the army." Not Guilty—John O'Conuell, Thomas Steele, Thomas Mathew Ray, and John Gray, as to the words "unlawfully and seditiously" berme the w,rds" to meet and assemble," and Not Guilty as to the words to excite discontent and disaffectiou among divers of her Majesty's subjects seising in the army."
Guilty—The Reverend Thomas Tierney from the commencement so far and including the words "especially in England," aud Not Guilty of the remainder of the first and second counts.
Sit Count For unlawfully and seditiously conspiring to raise and create discontent and disaffection among the Queen's subjects, and to excite such subjects to hatred and contempt of, and to unlawful and seditious opposition to, the Goverument nod constitu-
tion, and to stir up jealousies, hatred, and between different classes of her Ma- jesty's subjects in Ireland, feelings of and hostility among her Majesty's sub- jects in other parts of the United Kingdom, especially in England, and to excite discon- tent and disaffection among slivers of her Majesty's subjects serving in the Army, and to cause and aid in causing divers subjects to meet and assemble together in large numbers at various times and at different places within Ireland for the unlawful and seditious purpose of obliging, by means of the intimidation to be thereby caused, and by means of the exhibition and demonstration of great physical force at such meetings, changes and alterations in the government. laws, and constitution as by law esta- blished, and to bring into hatred and disrepute the courts by law established in Ireland for the administration of justice, and to diminish the confidence of her Majesty's sub- jects in the administration of the law therein, with intent to induce her Majesty's sub- jects to withdraw the adjudication of their differences with and claims upon each other, from the cognizance of the courts of law, and subject the same to the judgment and determination of other tribunals to be constituted and contrived for that purpose." Guilty—Daniel O'Connell, Richard Barrett. Charles Govan Duffy, John O'Connell. Guilty—John O'Connell, Thomas Steele, Thomas Mathew Ray, and John Gray,
omitting the words " and to excite discontent and disaffection among divers of her
Majesty's subjects serving iu the Army."
Not Guilty—John O'Connell, Thomas Steele, Thomas Mathew Ray, and John Gray. as to the words " and to excite discontent sad disaffection among divers of her Ma- jesty's subjecta serviug in the Army." Guilty—The Reverend Thomas Tierney, from the commencement so far aud in- cluding the words " especially in England."
Not Guilty—The Reverend Thomas Tielney, as to remainder of ads count.
4th Count —" Conspiring to raise and create discontent and disaffection among the Queen's subjects, and to excite such subjects to hatred and contemptof, and to unlawful and seditious opposition to, the government and conatituliun. and also to stir up jealous hatred and ill-will between the different classes of said subjects, and especially to pro- mote among the subjects or Ireland feelings of ill-will and hostility towards the sub- jects its other parts of the United Kingdom, and especially in England, and to cause, and aid in causing. divers subjects to meet aust assemble in large numbers at various times and different places in Ireland for the unlawful and seditious purpose of obtain. lug, by the means of the intimidatiou to be thereby caused, aud by means of the ex- hibition and demonstration of great physical force at such meetings, changes in the government and constitution as by law established."
Guilty—All but the Revereud Mr. Tierney. Not Guilty. Guilty—Rev. Thomas Tierney, from the commencement and so far as including the words "especially in England."
Not Guilty—Reverend Thomas Tierney, of the remaiuder of this count.
5th Cont—'• For unlawfully consplriug to raise and create discontent and disaffection atoong the subjects, and to excite the subjects to hatred and contempt of. and unlawful and sedition' opposition to, the government and constitution. and also to stir up jealousies. hatred. and ill-will between different classes of the subjects, and especially feelings of hostility and ill-will against her Majesty's subjects hi England."
All Guilty.
6th etnact—•• For unlawfully conspiring to cause. and aid in calming, divers subjects to meet and assemble in large uumbers at various times and at different places in Ire- /and, for the unlawful and seditious purpose of obtaining by the exhibition of great physical force at such meetings, changes and alterations in the government, laws, and constitutions, as by law established." All Guilty—but the Reverend Mr. Tierney Not Guilty. 4th Coast—" For unlawfully conspiring to cause, and aid in causing, divers subjects ot the Queen to meet in large numbers at various times and at different places in Ire- land. for the unlawful and seditious purpose of obtaining, by means of the intimidation te be thereby caused, and by means of the exhibition of great physical force at such meetings, changes and alterations in the government, laws, and constitution of this realm ashy law established, and especially, by the means aforesaid, to bring about and accomplish a dissolution of the Legislative Union now subsisting between Great Britain Ind Ireland."
Guilty—All but the Reverend Mr. Tierney,
8th Cutest—" For unlawfully conspiring to bring iuto hatred and disrepute the tri- bunala hy law established in Ireland for the administration of justice, and to diminish the confidence of her Majesty's subjects in Ireland in the administration of the law therein, with intent to induce the subjects to withdraw the adjudication of their differences with and claims upon each other from the cognizance of the tribunals by law established, and to submit the same to the judgment and determination of other tribuuals to be constituted and contrived for that purpose."
Guilty—All but Reverend Thomas Tierney. Not Guilty.
9th Count— 'For unlawfully conspiring to bring into hatred and disrepute the tri- bunals by law established in Ireland for the administration of justice, to diminish the confidence of her Majesty's subjects in Ireland iu the administration of the law therein, and to assume and usurp the prerogative of the Crown in the establishments of courts for the administration of the lay,."
All Guilty, but the Reverend Thomas Tierney. Not Guilty.
10th Gmut—" For unlawfully conspiring to bring into hatred and disrepute the tri- bunals by law established in lrelaud for the administration of justice, and to diminish the confidence of her Majesty's subjects in Ireland in the administration of the law therein."
Guilty—All, but Reverend Thomas Tierney. Not Guilty.
13th Coast—" For unlawfully couspiring to raise and procure large numbers of per- sons to meet together in divers places at dicers times in Ireland, and by means of un- lawful, seditious, and inflammatory speeches and addresses, to be made and delivered at the said several places on the said several times. and also, by means of the publish- ing, and causing to he published, to and among her Majesty's subjects, divers unlawful, malicious, and seditious writings and compositions, to intimidate the Lords Spiritual and Temporal and the Commons of the Parliament of the United Kingdom and thereby to effect and bring about changes and alterations in the laws and constitution of this realm as by law established."
All Guilty, tut the Reverend Thomas Tierney, Not Guilty.
In presenting the verdict, the Foreman applied for compensation to the jurors for their lost time. The Lord Chief Justice thanked them for the patieut attention which they had devoted to the case; admitted the loss and injury which they must have sustained ; but said that the Court had no power to grant compensation. The Jury were then dis- charged. Mr. Moore applied for a copy of the verdict, for the traversers ; 'which was ordered.
The Court was adjourned to the first day of next term (the 15th April); when it will be in the power of the Crown to call for judgment on the traversers.
At half-past ten o'clock, Mr. O'Connell returned, in his carriage, from the Court to his residence in Merrion Square, followed by a crowd.
There had been " excitement" in Dublin in the interval between the
first retirement of the Jury on Saturday evening and the finding of the verdict on Monday. The neighbourhood of the Court was surrounded by a great multitude on Saturday evening ; and the first announcement of the nature of the verdict was greeted by a terrific yell. Large bodies of mounted and foot police patrolled the streets ; and the troops were ready for instant service. At half-past one o'clock on Sunday morning, a numerous body of boatmen paraded up High Street, seeming anxious to create a disturbance ; but none arose. As the night continued, the crowd thinned ; but at early day the people reassembled. It was ex- pected that the Jury would go to church on Sunday, and a crowd awaited their forthcoming ; but the Sheriff judged it most prudent to keep the jurors within-doors, and have divine service performed for them there. Attempts to intimidate the Jury, and even to bribe one of them on behalf of the Repealers, were among the rumours. Two hours after they retired, a Liberal paper announced, in large capitals, "Con- viction there will be none.' A woman went into the shop belonging to one of the jurors, and offered to sell his wife a widow's cap ; saying that it would be needed if there 'were a verdict against O'Connell
The Repeal journals repretent an extraordinary excitement to have been produced about the country by the announcement of the verdict. The most tangible sign was a blaze of signal-fires on the hills about Nenagh, in Tipperary, on Tuesday night.
An extraordinary edition of the Freeman, published late on Sun- day afternoon, contained an address from Mr. O'Connell " to the Ca- tholic Prelates of Ireland," suggesting, " with profound humility," that perhaps it might be useful if the clergy were to take measures for insuring a continuance of the same loyal, quiet, and peaceable de- meanour which had characterized the people up to that moment, and in a marked manner since the trials commenced ; an assistance rendered the more necessary as the omission of several Catholics from the She- riff's list, and their exclusion from the Jury, had given a sectarian colour to the prosecution ; and it was desirable that the clergy should check every angry or vindictive feeling in their flocks. The absence of violence would render certain the success of the efforts for Repeal.
Next morning O'Connell issued the following- " TO TEE PEOPLE OP IRELAND.
" Merrion Square, 11th February 1844.
Fellow-Countrymen—Once again I return you my most heartfelt thanks for the peace; quiet, and good order you have observed ; and I conjure you by the country we all love, and even in the name of the God we all adore, to con- tinue in the same peace, quietness, and perfect tranquillity. " I tell you solemnly, that your enemies and the enemies of Ireland are very desirous that there should be a breaking-out of tumult, riot, or other outrage. Be you, therefore, perfectly peaceable. Attack nobody. Offend nobody. In- jure no person. If you respect your friends—if you wish to gall your cue- e'—keep the peace and let not one single act of violence be committed. "You are aware the Jury have found a verdict against use: but depend upon it that I will bring a writ of error, and will not acquiesce in the law, as laid down against me, until I have the opinion of the Twelve Judges in Ireland, and, if necessary, of the House of Lords. " Be you, therefore, perfectly quiet. Do no violence whatsoever. You could not possibly offend or grieve me half so much as by any species of riot, assault, or outrage. " It is said that the great question of Repeal 17811 been injured by this verdict " Do not believe it. It is not true. On the contrary, the result of this verdict will be of most material service to the Repeal, if the people continue to be as peaceful as they have hitherto been, and as I am sure they will continue to be "Obey my advice. No riot. No tumult. No blow. No violence. Keep the peace for .ix months, or at the utmost twelve months longer, and you shall have the Parliament in College Green again. "I am, fellow-countrymen, your affectionate and devoted servant,
"DANIEL O'CONNELL."
The weekly meeting of the Repeal Association on Monday, was unusually crowded. Mr. John Augustus O'Neill took the chair. Mr. Nicholas Maher, the newly-eleeted Member for Tipperary, was pre- sent ; handed in 10/. as his subscription, and was enrolled a member of the Association. At one o'clock, entered Mr. O'Connell, Mr. John O'Connell, Mr, Ray, Mr. Steele, Mr. Duffy, and Dr. Gray, with Mr. W. S. O'Brien and Mr. Maurice O'Connell ; all much cheered. The verdict was of course plentifully alluded to, and was denounced as an interference with free discussion. Mr. O'Connell drew attention to Lord John Russell's motion on the state of Ireland— He did not think much of any battle in London on the subject of Ireland.
The Whigs, to be sure, were better than the Tories, but neither came up to his mark. The present Parliament was packed against Ireland. It was ad- mitted that so much bribery and corruption had never been used in any Par- liament before; and that admission came from both sides. The landlord class, too, which was always inimical to Ireland, had taken a busy part in getting up the present Parliament. Recollecting these circumstances, he would not himself go over to Parliament ; but he would at the same time afford as much assistance as possible to Lord John Russell on the subject of his motion. They should, therefore, send over to London, for the purpose of giving him information, two of the gentlemen who had been engaged as counsel by them on the trial which terminated that morning. Be moved the suspension of a" standing order" of the Association, to enable Sir Colman 0-Loghlen and Mr. (Mee to be sent to London at once.
The motion passed of course. Mr. Smith O'Brien attacked the Chief Justice ; who volunteered as counsel against the defendants, and so far forgot himself as to call the counsel for the traversers " the counsel on the other side." He moved that Mr. O'Connell be requested to furnish a corrected copy of his speech in defence of the Irish nation on the late trial for conspiracy, in order that it might be printed for circulation by the Association. Seconded by Mr. Maher; carried ; and assented to by Mr. O'Connell. The Liberator renewed his exhortations to peace and tranquillity. He read a letter from Dr. Gray, in which that gen- tleman tendered his resignation as a member, because the Association bad been declared responsible for papers in his journal. The resigna- tion was received. The week's rent was announced, 6431.
It is reported in Dublin, that meetings of the Committee of the Repeal Association have been held to deliberate on the policy of dissolving the Association and reorganizing it under another name.
All proprietors of Dublin newspapers who were members of the Re- peal Association have followed Dr. Gray's example in resigning, on similar grounds,—namely, Mr. Atkinson, another proprietor of the Freeman's Journal; Mr. Barrett, proprietor of the Pilot; Mr. Staunton, of the Weekly Register; Mr. Duffy, of the Nation.
Mr. O'Connell changed his mind as to staying in Dublin. On Tues-
day, he issued another address to the People of Ireland, saying that he had formed a better opinion of the view on which Lord John Russell's motion was brought forward, and that, with other important considera- tions, determined him to sail for England that evening. He expressed confidence that tranquillity would be maintained during his absence, which should be brief. Finally he said, " I hope the Irish Members will muster strong on the present debate." He was accompanied by the Members Mr. Maurice O'Connell, Mr. John O'Connell, Mr. Mor- gan John O'Connell, and Mr. Nicholas Maher ; Mr. Sheil and Mr. Arch- bold sailed the same evening. The Liberator's departure created a sensation : he was escorted by a multitude, and the Railway-station was lighted up. On board the packet, he and Mr. Steele met Mr. Bond Hughes, the short-hand-writer; with whom they shook hands, and chatted in a very friendly style. At Liverpool, Mr. O'Connell was re- ceived by a large crowd of spectators, whom he briefly addressed.
It was stated on Tuesday, that Mr. Attorney-General Sruith, though summoned to the House of Commons by Ministers, was detained in Dublin by a sudden attack of illness.
Mr. Nicholas Maher was elected Member for Tipperary, on Saturday, without opposition. Mr. Maurice O'Connell attended to secure the new Member's return.
The Belfast Northern Whig announces the death of Mr. Robert Bateson, the Member for Derry, and eldest son of Sir Robert Bateson of Belvoir Park, at Jerusalem.
Captain Peel Dawson is mentioned by the Pilot as a candidate for the vacant seat.
A letter from Tullamore states, that on Friday night an attempt was made to destroy the barrack, by throwing burning turf into the powder- magazine ; but it failed.